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VACATION RENTAL AGREEMENT
 
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

Tenant: {client.first_name} {client.last_name}

Premises: {reservations.unit_name}, located at {reservations.location_address}, {reservations.location_city}, {reservations.location_state_name}{reservations.location_zip}

Term Period:
Check-In/Begins:  {reservations.startdate} at {reservation_additional.check_in_time}
Check-out/Ends: {reservations.enddate} at {reservation_additional.check_out_time}


PROACTIVE Vacations (herein as “Agent”), as Agent of the Owner, hereby rents to Tenant (as named above) the Property (herein as the “Premises”) as identified above,  on the  Terms and Conditions as provided in this Vacation Rental Agreement (hereafter as the “Agreement”).  Any reference to the word “guest”, “vacationer”, or “Tenant” shall collectively mean the “Tenant”.

ATTENTION:   As the Tenant, you are required to acknowledge and execute this Agreement at the time of booking the reservation as defined herein.  Each person remitting payment to the Agent for the cost of Vacation Rental described herein is required to execute the Agreement or a separate copy thereof.  Each person remitting payment to the Agent shall be a party to the Agreement.  Failure to execute the Agreement by all parties will result in immediate termination of your reservation and you will forfeit all monies paid to Agent in advance, save and except any refundable security deposit that will be refunded.
The specifics of the costs and other details of the reservation are provided in detail on the following page:
 
 
Reservation Details
{reservations.folio}
{reservations.expected_charges_table}
Additional Terms, Conditions, Policies, and Addenda follow on the Next Page
 
TERMS and CONDITIONS
  1. Rent: Tenant agrees to pay for the Premises in the full amount described above.  50% or ½ of the Total Rent, taxes, and fees plus the Reservation Fee and ½ half of any stipulated Security Deposit shall be paid when booking the reservation.  Tenant will pay the full and/or the remainder amount of Rent, taxes, fees, and Security Deposit no later than 45 calendar days prior to the Check-in Date.  Failure to pay rent within the appropriate time frame will result in the cancellation of the Reservation with no refunds to the Tenant.
  2. Tenant Representation:  Tenant represents and warrants that Tenant is a least 25 years old and Tenant will occupy the Premises during the Term of the tenancy created hereunder.  Tenant acknowledges that any falsification of age or of any other information as provided by the Tenant is grounds for Expedited Eviction.
  3. Disbursement of Rent and Third Party Fees: Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth above to the owner (or as the owner directs) prior to Tenant's occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this agreement by the Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $45.00 processing fee for any check of Tenant's that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. 
  4. Security Deposit: Any security deposit collected from the Tenant may be applied to actual damages caused by Tenant as permitted under Chapter 42A of the NC Vacation Rental Act, Article 1, Vacation Rentals.  The cost of repair for documented Tenant caused damage which exceeds the amount of security deposit held may be charged to the guest.  In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this agreement (including any addendum hereto) as being included with the Premises. Agent shall apply, account for, or refund Tenant's security deposit within 45 days following the end of the tenancy.
  5. Airbnb Reservations:  Exception to security deposit requirement may apply to Airbnb bookings. Reservations originating in the Airbnb platform are not charged a security deposit up front.  For Airbnb bookings, if PROACTIVE Vacations receives a warranted report of tenant damage, documentation will be sent to Airbnb's Resolution Center to request reimbursement for damage expenses incurred by the property owner through Airbnb.
  6. Trust Account: Any advance payment made by Tenant shall be deposited in a trust account with United Bank located at 3178 Holden Beach Rd, Supply, NC 28462. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.
  7. Tenant Duties: Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to:
    a. Keeping the Premises as clean and safe as the conditions of the Premises permit;
    b. Only toilet paper will be used/placed in toilets and/or waste water drains.  Specifically excluded are feminine hygiene items, wipes, diapers (disposable or otherwise), and other paper products.
    c. causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; 
    d. Notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy.
    e. Tenant is advised and encouraged to inspect the property upon arrival and report any existing damage to the Agent WITHIN 24 HOURS OF ARRIVAL.  This includes inspection of any bed linens, if applicable.  This action is extremely important to assure that the Tenant is not found liable for damage that pre-existed their arrival. 
    f.  Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only.
    g. Tenant agrees to closely supervise children at all times while occupying the premises, including on areas such as elevators, stairs, walkways, raised decks, rooftop overlooks, balconies, patios, pools, hot tubs, etc.
    h. IN CASE OF EVACUATION TENANT SHALL: (1) Lock all windows and doors. (2) Take porch/patio furniture inside or otherwise secure as well as possible. (3) Close blinds and curtains. (4) Secure outside trash cans 
    i.  Tenant's breach of any duty contained in this paragraph shall be considered material; and, may result in the termination of Tenant's tenancy.
    j.  Tenant will adhere to all rules, regulations, and/or guidelines contained in this Agreement, those provided in separate written correspondence, or posted on the Premises. 
    k. Tenant will adhere to all the Ordinances of the Town of Holden Beach.
  8.  Occupancy Limits: The Maximum Occupancy for the Premises is {reservations.unit_max_occupants} All homes are limited to families, married couples, or adults 25 years of age or older. Bedding arrangements in the Premises are portrayed only to illustrate possible sleeping arrangements and may not be taken as a representation of permitted occupancy. Tenant agrees to be responsible for assuring that maximum permitted occupancy of the Premises is not exceeded during the term of this Agreement and should contact Agent with any questions regarding permitted occupancy of the premises. 
  9. Events, Parties, and Other Visitors:  House Parties are Prohibited on the Premises.  Any special events such as but not limited to:  family reunions, weddings, receptions or anniversaries are not permitted at the Premises without express, written permission by the Agent.  Special Events require additional lease provisions, event fees, insurance, and/or additional security deposit.  Failure to acquire prior approval for your special event could result in expedited eviction additional fees, or other action.
  10. Agent Duties: Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, and there is not a Mandatory Evacuation as described in Paragraph 11 below; Agent shall refund to Tenant all monies paid by Tenant. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap, familial status, sexual orientation, or gender identity of any tenant.
  11. Mandatory Evacuation: If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order.  However, Tenant will not be entitled to a refund if,  prior to taking possession of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent.                                                                                                                                                                                                                                                                                                                         
    • {{initial}}  Tenant Initials.  Tenant has read the above paragraph 11 and acknowledges by his/her initials,  that he/she has been provided the opportunity to purchase insurance by the Agent and that if Tenant refuses to purchase said insurance, then Tenant is not entitled to a refund due to Mandatory Evacuation of any funds paid under the terms of this Agreement.  
  12. Pandemics:  In the event that the State of North Carolina, Brunswick County, or the Town of Holden Beach issues a State of Emergency declaring that the Agent is prohibited from renting the Premises during the period of Tenancy due to any type of Pandemic such as with COVID-19, the Agent will either reschedule the stay period as defined herein or will provide the Tenant with a full refund of all monies paid.  Agent will not provide any refunds or alternative stay dates based on fear of travel or restrictions placed by other states or countries. This does not prohibit the Tenant from cancelling his/her tenancy as contemplated by this Agreement under the provisions and terms of paragraph 13 below.
  13. Cancellations:  Cancellation Requests of a confirmed reservation must be received in writing. If Agent is able to secure an alternate reservation for the same time period as contemplated in this Agreement,  the Tenant will be issued a refund, less a Cancellation fee of $300.00,  any Reservations Fee, and any amounts paid for travel related insurance and damage insurance.  If the Premises is not re-rented for the full time period and for the same terms and conditions of the cancelled reservation, all monies paid will be forfeited by the Tenant.
    • {{initial}}Tenant Initials.  Tenant has read the above paragraph 13 and acknowledges the same by his/her initials. 
  14. Expedited Eviction:  If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant's tenancy has expired, (ii) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its term would result in the termination of Tenant's tenancy, (iii) fails to pay rent as required by this Agreement, or (iv) has obtained possession of the Premises by fraud or misrepresentation.
  15. Indemnification and Hold Harmless: Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guest) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act.
  16. Right of Entry:  Tenant agrees that Agent, the owner of their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvement thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants.
  17. No Assignment:  Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
  18. Pets: Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant's breach of this provision shall be considered material, and shall result in the termination of Tenant's tenancy and retention of Tenant's full security deposit for repair of damages including but not limited to any actual damages and professional cleaning of all rugs, carpets, draperies, upholstery, window treatments, and etc. located at the Premises.
  19. Transfer of Premises: 
    a. If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises, if the Tenant's occupancy under this Agreement is to end 180 days or less after the grantee's interest in the Premises is recorded. If Tenant's occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee's agent is required to: (i) notify Tenant in writing of the Transfer of the Premises, the grantee's name and address, and the date the grantee's interest was recorded, and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this agreement or receive a refund of any payments made by Tenant. However, if the grantee engages Agent to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this agreement.
    b. Upon termination of the owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise the owner, owner's agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner's successor-in-interest within 30 days, and notify Tenant by mail of such transfer and of the transferee's name and address. However, if Tenant's occupancy under this Agreement is to end more than 180 days after recordation of the interest of the owner's successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
  20. Governing Law, Venue: The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, and that in the event of a dispute, any legal action may only be instituted in Brunswick County, NC where the Premises is located.
  21. Use of Electronic Means and Notice:  The parties agree that electronic means may be used to sign this Agreement or to make any modifications the parties may agree to, and that any written notice, communication or documents may be transmitted electronically to any e-mail address, cell phone number or fax number used by the parties to communicate during the course of this Agreement.  Any notices required or authorized to be given hereunder or pursuant to applicable law may also be mailed to Tenant’s address or hand delivered to the Tenant at the address of the Premises and to the Agent at the Agent’s address.
  22. Addenda: Any addenda to this Agreement are described in the following space and attached: Exhibit A – Vacation Rental Policies, Exhibit B – Insurance Acceptance or Decline.  Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.
  23. Entire Agreement:   This agreement includes all of the agreements and no representation, inducements or other provisions are contained in this agreement. This agreement is binding. If any party does not understand it, the party should seek legal help.
ACKNOWLEDGEMENT:

I/we, the undersigned and Tenant as described herein, have fully read and do hereby agree to all of the terms and conditions of this Agreement including any Addenda as outlined herein as witnessed hereto by my signature.


Tenant Signature:  {{signature}}

Tenant Printed Name: {reservations.first_name} {reservations.middle_name} {reservations.last_name}

Date: {current_date2}

Addenda to this Agreement Follow on the Next Page
 
 
 
EXHIBIT A
VACATION RENTAL POLICIES
The following Rules and Policies are incorporated into the Vacation Rental Agreement between the Agent and Tenant.
  1. Accommodations:  Individually and privately owned, each rental property reflects the taste of its Owners. Specialty items vary. If Tenant is renting more than one home, do not mix the contents or rearrange furniture. Many homes have an Owner’s Locked Closet. Tampering with locked closets will result in a charge to Tenant’s Security Deposit. (See Security Deposit/Damages). Every effort is made to assure accurate descriptions with no misrepresentation intended. Agent will not be held responsible for errors in printing, changes made by Owners or matters out of Agent’s Rental’s (PROACTIVE) control, i.e. noise, construction, weather, etc. Complaints regarding accommodations must be submitted in writing to PROACTIVE prior to check-out for consideration by the Owner of the rental property. Substitutions and refunds will not be made for any reason except as required by law.
  2. Tenant Provided Goods:  The Agent DOES NOT provide or furnish the following items which are the responsibility of the Tenant:                                                                                                                                                     
        a. Disposable Goods including but not limited to paper products, toilet paper, paper/plastic cups, trash bags, etc.
        b. Bath linens, kitchen linens, and/or beach towels
        c. Spices, condiments, or any item used for the preparation of food
        d. Clothing hangers (provided in many properties, but not guaranteed)
        e. Cleaning supplies including dishwashing detergents.
        f. Beach Chairs, umbrellas, beach toys, and etc. 
  3.  Linens:  For stays of seven nights or more bed linens are provided free of charge.  For stays of six nights or less, bed linens will automatically be added to the reservation at a cost to the Tenant or Tenant must inform Agent that they will be bringing their own linens.  If guests opt later to bring their own linens, notification must be received two weeks before the check-in date.  No refunds will be made for linens without the proper two-week notification.  Damaged linens will result in a $20.00 per house charge and excessive linen damage will result in a charge of market rate.  Each bed linen rental will receive one set of sheets and pillowcases per bed (sofa beds, futons or other beds located outside of bedrooms are not included). *Notice* Sunscreen and other oils etc. stain the sheets. The result of stained/damaged sheets will be a charge to the Tenant in the amount of $20.00 and excessive linen damage will result in a charge of market rate.  This charge will be deducted from the Tenant's Security Deposit.  Tenant should inspect linens upon arrival and report any pre-existing damage to Agent within 24 hours of check-in    
  4.  Check-In Instructions:  Lock box combination and other helpful information will be provided to guests via email three (3) days prior to their check in date provided that all documents have been executed and full payment has been made for the Reservation.  Where check-in date is within three (3) days or less at the time of booking, check-in instructions will be provided at time of booking provided that all documents have been executed and receipt of full payment.  
  5. Check-in Time:  Check-in time is 4:00 PM at all properties unless the Tenant has specifically paid for early check-in.  The check-in time is strictly enforced to assure. that all our homes are in good condition and ready for you to begin your vacation. Tenants and/or their guests who enter the property or park at the property prior to scheduled check-in are considered to be trespassing.  Guests will be asked to leave until their check-in time and will be charged an automatic $80.00 fee. Please remember that during prime season (June, July and August) each home in the PROACTIVE program must be readied for occupancy within a very tight time frame. In many cases, homes require maintenance repairs, additional cleaning time, etc. PROACTIVE will make every effort to assure that all our properties are clean and ready for occupancy by 4:00 PM, but this is not guaranteed. In certain unavoidable situations, it may be necessary to delay occupancy until the property is ready. There are no refunds for late occupancy.  With advance request, early check-in may be available on a limited basis for some properties. If early check-in is approved, your check-in time will be 2:00 PM and the fee will be $80.00.  
  6. Keys and Lockbox:  Some of our properties have a lockbox located at the property where keys are placed for access to the property.  Check-in instructions that are emailed to the Tenant 3 days prior to check-in will provide information for the lockbox location and the access code for entry to the lockbox to obtain keys.  A maximum of 2 keys are available for each home. There will be a $25.00 non-refundable fee for each lost or unreturned key.  Due to the necessity to replace any lost or stolen keys immediately, this fee is non-refundable even if keys are returned at a later time or after the Tenant has checked out.   Upon departure, place both keys back in the lockbox and remember to secure the lockbox by not leaving the code in place/unlocked. The replacement fee for lost Pool or Gate Access Cards/Keys range from $100-$200 per loss
  7. Electronic Door Lock:  Many of our properties have electronic door locks. Tenant will be provided check-in instructions 3 days prior to his/her check-in.  Included in these check-in instructions will be a Code assigned to the Tenant for the duration of their stay.   
  8. Check-Out:  Check-Out Time is at 10:00 AM for all properties, no exceptions.  The Premises must be vacated, secured and ready for your check-out inspection by 10:00 AM.  Tenants who remain at the property or still parked at the property after scheduled check-out are considered to be trespassing.  Tenants will be asked to leave immediately and will be charged an automatic $80.00 fee.  Late check-out may be available upon advance request on a limited basis for some properties. If late check-out is approved, your check-out time will be 12:00 Noon and the fee will be $80.00. 
  9. Check-Out Rules and Guidelines: To ensure that homes are well maintained, cleaning and inspections will occur after each departure by Agent.   Guests are required to:                                                                                               
        a. Empty all trash cans and remove trash from areas inside and outside the Premise. (Tenant Charge for Non- Compliance - $15.00)
        b. Place trash cans roadside between road and sidewalk or within three feet from road. (Tenant Charge for Non- Compliance - $45.00)
        c. Wash and put away all dishes/pots/pans/silverware. (Tenant Charge for Non-Compliance - $35.00)
        d. Ensure the home receives reasonable cleaning during your stay, i.e. vacuuming, sweeping, etc. (Tenant may incur additional Charges for excessive cleaning necessitated by condition of the property after check-out)
        e.  Leave furniture and other contents in original location and condition.
        f. When departing, leave AC at 78 degrees or Heat at 55 degrees depending on the season.
        g. Strip all beds of linens. If linens were on the bed at arrival, please leave them at the foot of the bed. If linens were supplied in a linen bag, place them back in the linen bag provided and leave just inside entry door.
        h. Remove all food items from cabinets, counters and refrigerator.  
  10.  Hold Reservations For The Following Calendar Year:  Tenant may request to make a “Hold Reservation” for the same time period of this Tenancy for the following Calendar Year.  The Premises Owner has the priority to accept or reject any Reservation Hold until such time as the Reservation is confirmed.   The Tenant may reserve the same Premises for the calendar week for the next year by notifying Agent by Wednesday at 5:00 PM during the week of their stay.  After that time, the home may be made available for the general public to make a Hold Reservation.  An Advance Hold Reservation Fee of $60.00  is required and this fee does not apply toward any future balance.  Tenants with Holds in place will be contacted in the fall to be advised of the following year base rent rate that will apply to their held reservation.  Initial payment of 1/2 of funds due on reservation must be made NO LATER THAN January 10th of the year of stay. Failure to provide this payment by the deadline may result in immediate cancellation of the Hold Reservation.  All Hold Reservations are tentative in nature and are subject to rate increases, change of amenities and availability/owner use.
  11.  Pets:  Pets are strictly prohibited in properties except for those properties that are specifically designated as a Pet Friendly Property and provided that Tenant has paid the listed Pet Fee together with the execution of any Pet Addendum.  In the event that upon inspection of the Premises either during or after Tenant’s tenancy evidence shows that this policy has been violated, a Minimum Fee of $750.00 will be charged to the Tenant’s Security Deposit and/or Credit Card on File to cover any cleaning of the property and the Pet Fee that would have been otherwise charged to the Tenant.    Any violation of this policy may further result in Expedited Eviction of the Tenant with no Refunds. Additional fees may be charged to the Tenant for cleaning of the Premises including professional cleaning of carpets, rugs, draperies, upholsteries, and linens.    Americans with Disabilities Act (ADA) rules with regard to tenancy service dogs are honored. For more information on Pet Friendly Properties please refer to:
    https://www.proactivevacations.com/pet-friendly-resources.  Guests who may be sensitive or allergic to pet hair or dander should be aware that it is not guaranteed that a pet has not entered the home.  Registered service dogs & owner's pets may have resided in the property previous to guests stay.
  12.  Maintenance / Refunds: All equipment in each home should be in working order. Tenant should report any inoperative equipment to Agent promptly.  Agent will make every reasonable effort to have the problem corrected. Under no circumstances will there be a reduction of rent or refund for any mechanical failure of air conditioning, heating unit, dishwasher, elevators, washer, dryer, internet access, cable TV, VCR, DVD (as VCR’s and DVD's become inoperative and may not be replaced), blender, toaster, or other appliances. While rare, all pools/hot tubs are subject to temporary closing due to extenuating circumstances. No refund or rent reductions will be given if this occurs. 
  13.  Substitution / Non-Availability: Should the Premises confirmed by Tenant become unavailable for any reason save and except during any time period when a Mandatory Evacuation is in effect for the location where the Premises is located; Agent will inform Tenant of the Premises being Non-Available, and prior to check-in whenever possible. Every attempt to relocate Tenant to a comparable property will be made, unless Tenant requests a full refund, in which case all monies will be refunded. Tenant will be responsible to pay any difference in the total cost including fees, taxes, and insurance on a substitute property that exceeds the original reservation amount.  
  14.  Forms of Payment:  Cash, money order, cashier’s check, personal checks (Personal Checks cannot be accepted for payment when the check-in date is within 45 days of payment), MasterCard, Visa and Discover are accepted. Agent will process check deposits through the bank only once. There will be a $45.00 charge for any checks returned for insufficient funds or account closure and Tenant’s reservation will be canceled immediately. All funds must be paid in US dollars.
  15. Reservation Fee:   Included in the Tenant charges is a non-refundable Reservation Fee of $60.00 and is included in the first/initial payment made by the Tenant. This fee will be disbursed to the Agent at the time the Reservation is made.
  16. Lock-Out Policy:  In the event a Guest is locked out of the home during the rental period, Tenant may borrow a key from the Agent's office during normal business hours at no charge provided the Tenant returns the key to the Agent’s office during normal business hours the same day.   After business hours, the Tenant must contact the Agent’s office at (910) 842-1550, Option 2.   Agent’s employee will meet the Tenant at the office. There will be a $35.00 service charge, ($45.00 if key must be delivered to the home). This fee is to be collected at the time service is requested and paid via credit card. 
  17.  Packages/Mail: Packages and mail may be received through and picked up at Agent’s office during normal business hours.   Agent does not deliver mail or packages.
  18.  Personal Property: Agent will not be responsible for personal items left by Tenant. A $20.00 service fee will be charged to the Tenant for handling the return of any personal items left at the Premises by Tenant in addition to any shipping charges.  Agent will provide Tenant information for local postage/shipping service affiliate that will pick up any Tenant items from Agent’s office that are to be returned to Tenant.
  19. Property Listed for Sale:  If the Premises is listed for Sale, the Premises may need to be shown to perspective Buyers during the Tenant’s tenancy. If a request for showing occurs during the Tenant’s tenancy, the Agent’s employee will call Tenant to request approval of the appointment showing time. Agent will limit such showing appointments to only as needed. 
  20. Noise Ordinance:  The Town of Holden Beach has implemented Ordinance 16-09 into law. This law caps the town noise ordinance at the following: 60 dB(A) day, 50 dB(A) night for residential & 65 dB(A) day, 60 dB(A) night for all other zoning. For a complete copy of this new law, please contact the Town of Holden Beach.  The Tenant agrees to adhere to the Noise Ordinance.  Agent makes no guarantees and is not responsible for the enforcement of the noise ordinance. 
  21. Area Growth: Construction & Remodeling is occurring all along the coast of N.C. Agent will not be responsible for homes that may be under construction next to or near the home Guests rent. New construction may also alter views from rental property.
  22. Furnishings/Amenities:  The owner has furnished the unit with basic needs for housekeeping, cooking, etc. Tenants are not permitted to move furnishings, and are expressly prohibited from taking interior furnishings/pillows/bedspreads/blankets outdoors or on exterior decks, balconies and patios. Pillows and bedspreads are provided.  Bed linens are provided at the Premises unless they have been specifically excluded from the rental by request of the Tenant when booking a reservation for a period of 6 nights or less.  Pools, hot tubs, whirlpools, elevators and other special amenities will be maintained as well as possible but no refunds will be given with regards to the condition of these special amenities.  Tenant will use all amenities with safety in mind and be aware that decks, concrete pads, outside showers, pools and hot tubs will be slippery from water and caution should be exercised.  Tenant acknowledges equipment that may be supplied for their convenience such as highchairs, portable cribs, beach carts, toys, etc., are to be used at Tenant’s own risk.  Agent and/or Owner does not guarantee the proper operation or safe functioning of these items.
  23. Grills and Fires:  Use of charcoal or gas grills are prohibited within 15 feet of any structure (including decks) on the premises which includes the use of grills on decks, porches, in open carports. The Town of Holden Beach Ordinances do not allow fires on the beach strand. 
  24. Telephones:  A Telephone may be provided at the Premises which may be used for local calls only. To make long distance calls, Tenant is required to use a calling card, or call collect. If long distance charges are incurred during a Tenant’s stay, Guest will be charged $20.00 on the security deposit in addition to the cost of the phone calls. Calls to Wilmington, Southport, Oak Island and other surrounding areas may be toll calls.
  25. Surveillance:  Some vacation properties managed by the Agent may have an exterior video-only security camera.  If the Premises has this amenity, the purpose is for deterrence and monitoring purposes of maintenance, cleaning staff, check-in and check-out traffic.  Any attempt to tamper with, disable or obscure the camera is prohibited and will result in a fine.  There are no security cameras located inside the Premises.
  26. Campers and Motor Homes:  No campers, tents or motor homes are allowed on the Premises and use of such are subject to the Town of Holden Beach Ordinances.
  27. Tax: Taxes may change at any time. Taxes will be at the rate of the time of occupancy. Taxes will be disbursed upon termination of the tenancy or material breach of this agreement. Any and all fees that are referenced within this agreement do not include sales tax. Sales tax will be added to any and all such fees. 
  28. Early Disbursement:  Any fees paid to Agent for goods or services procured by Agent may be disbursed prior to occupancy.
  29. Forum Selection Clause:   A) This agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina. B) This agreement shall be treated as though it were executed in the County of Brunswick, State of North Carolina, and were to have been performed in the County of Brunswick, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in courts in Brunswick County, North Carolina. Lessee/Tenant specifically consents to such jurisdiction and to extraterritorial service of process.
  30.  Funds Transfer: Properties managed by the Agent for Vacation Property rentals are each owned by separate owners.  As such, funds and/or reservations may not be transferred from one rental to another without the express agreement by each property owner at their own discretion.
  31. Other Rules and Policies:  It is the intent of the Agent that Tenant have peaceful enjoyment of the Premises.  At the same time, the Tenant is required to exercise due care of the Premises and to exercise reasonable and safe practices in his/her use of the Premises.                                                                                     
       a.  Smoking inside the Premises is prohibited.  Evidence and/or smell of smoking on the inside of the Premises will result in a minimal charge to the Tenant of  $500.00 for the cleaning and removal of any smoke smell and/or damages.
       b.  Tenant will not turn the air conditioning thermostat below the setting of 72 degrees.  The humid coastal climate taxes the air conditioning system.  Any damages caused to the air conditioning system due to Tenant setting the temperature below 72 degrees will result in repair costs charged to the Tenant.
       c.  Tenant will not tamper with TV’s cable boxes, and other electronic equipment on the Premises without the permission of the Agent.
       d.  Parking is permitted in designated parking areas only such as driveways, carports, or parking spaces.  No Parking is allowed on grass lawns for any purposes, including loading and unloading.
       e.  No jumping from decks or balconies is permitted at any time.
       f.  No climbing on roof areas of the Premises.
       g. Wi-Fi is set up in all properties.  Hacking of any system or changing of user names and/or passwords for televisions, modems, cable boxes, or routers is expressly prohibited, and may lead to additional charges being charged to the Tenant.
       h. Due to safety and conservation concerns portable slip n’ slides, pools, etc. are NOT allowed on the Premises.
       i.  Elevators are provided in some properties.  The Tenant is responsible for the proper operation of the elevator.  Doors to elevators are not to be opened prior to the elevator coming to a complete stop at the designated floor.  If it is determined that any repairs or damages to the elevator are caused by the Tenant’s improper operation of the elevator, then Tenant agrees to pay for the full cost of repair and/or service call.     
  32. Trip Interruption/Travel Insurance :  Trip Interruption/Travel Insurance charges are not automatically added to Tenant’s reservation. If Tenant wishes to purchase coverage from Rental Guardian as offered by Agent, the premium is due in full at issuance of policy.  Agent highly recommends the purchase of this coverage for our Tenant’s financial protection.  For specific and up to date coverage information, Tenant should visit:  https://proactiverentals.rentalguardian.com/available-products.html.  The option to purchase Trip Interruption/Travel Insurance is offered at the time of booking.  The Tenant may have the option to purchase Trip Interruption Insurance even though he/she refused or declined the purchase of said insurance at the time of booking the Reservation but it is not guaranteed.  If Tenant declines or refuses to purchase Trip Interruption Insurance, Tenant is not entitled to a refund of any of the costs associated with this Vacation in the event of a Mandatory Evacuation as referenced in paragraph 11 of the Vacation Rental Agreement.  Mandatory Evacuations are ordered from time to time in the geographical location of the Premises due to inclement weather conditions or other natural disasters such as but not limited to a named storm/hurricane, bridge and road closures, and other type events that threaten the safety of property or human life.  The only protection for this type of event for the Tenant is for the Tenant to purchase Trip Interruption Insurance or Travel Insurance that covers losses sustained by the Tenant from such events.  
  33.  Rental Damage Protection and Security Deposit:    Tenant is responsible for any damage caused to the Premises during their occupancy beyond normal wear and tear.   Each of the Agent’s managed properties  requires that Tenant either: 1) pay a fee for Accidental Rental Damage Protection; or, 2) to pay a refundable Security Deposit to ensure that the Owner and/or the Tenant is protected from unintentional or accidental damages in the following.  Tenant is responsible for any damages that may exceed any limits of the Damage Protection program or Security Deposit as further described below:                                                                                                                 
          a. Accidental Rental Damage Protection:  This Damage Protection program is in lieu of a Security Deposit and is a one-time fee paid for by the Tenant that is non-refundable.  For coverage limits up to $1,500.00 the fee is $69.00; and for coverage up to $3,000.00, the fee is $89.00. The amount of coverage is specific to each property and will be identified in Reservation Details of this Agreement.  Tenant is required to report any damages to the Agent.   This Damage Protection Plan covers only accidental damages and does not cover damages created by Tenant’s gross negligence, willful actions, infractions of policies and or rules as contained herein, or theft. More Information can be found here: Damage Protection Program
          b. Security Deposit:  Tenant is required to pay a Refundable Security Deposit.  The terms of such Deposit are described in paragraph 4 of the Vacation Rental Agreement. Security Deposit amounts are specific to each property.  Tenant is responsible for reporting any damages to the Agent.        
  34. Other Charges:  Security deposit funds may be retained to reimburse the property owner for the correction of damages caused by the Tenant or infractions of rules and policies as stated herein.  Repair and remediation costs resulting from documented damages caused by the Tenant will be the responsibility of the Tenant.  If repair costs exceed the amount of the Security Deposit held or when it is determined that Damage Insurance purchased by the Tenant will not cover such costs due to it exceeding the insurance policy limits or it is determined that the damages were caused by Tenants willful or gross negligent actions including infractions of rules with specific damage fees included herein, then Tenant agrees to pay the additional associated charges. Including in those charges are those enumerated here and include:                                                                                                                                                                                                                                                            
         a. Dishwasher not emptied or Dirty Dishes (Paragraph 7) - $35.00
         b. Trash left inside Premises (Paragraph 7) - $15.00
         c. Trash Receptacles not rolled to street (Paragraph 7) - $45.00
         d. Late Check Out/Early Check-in (Paragraph 5 and 6) - $80.00
         e. Lost Key (Paragraph 10) - $25.00
         f. Locked Out (Paragraph 12) - $35.00/$45.00
         g. Smoking inside Premises (Paragraph 32) – Minimal $500.00
         h. No Pets (Paragraph 16) - $750.00                                                                                                                                                                                                             

    {{initial}} Tenant’s Initials.   Tenant has read the Rules and Policies contained in this Exhibit A and acknowledges his Agreement of the same by his/her initials
 
 
EXHIBIT B
 
INSURANCE - ACCEPTANCE OR DECLINE COVERAGE

 
PROACTIVE Vacations  has informed me of my Trip Interruption Insurance options to purchase, if within time limitations or other policy requirements  and  I have chosen to (Tenant must choose only one of the options below):

{{checkbox,Insurance,1,1}} ACCEPT Trip Interruption/Travel Insurance as offered by PROACTIVE Vacations.  Click here  for the Trip Insurance Flyer listing 30 covered reasons for cancelling.

{{checkbox,Insurance,2,1}} DECLINE Trip Interruption/Travel Insurance
If I decline Trip Interruption/Travel Insurance, I understand there are no refunds, vacation rescheduling, or any other type of consideration for Mandatory Evacuation Orders issued by the State of North Carolina, Brunswick County, or the Town of Holden Beach.  I further understand that by declining Trip Interruption/Travel Insurance may also cover other covered reasons that might provide protection of losses in the event that any part of vacation may have to be cancelled.   PROACTIVE Vacations highly recommends that Tenant purchase Trip Interruption/Travel Insurance to protect from any loss of funds.

{{checkbox,Insurance,3,1}} I have purchased Trip Interruption Insurance outside of PROACTIVE Vacations


Tenant Signature:  {{signature}}


Tenant Printed Name:  {client.first_name} {client.last_name}


Date: {current_date2}

VACATION RENTAL AGREEMENT
 
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

Tenant: {client.first_name} {client.last_name}

Premises: {reservations.unit_name}, located at {reservations.location_address}, {reservations.location_city}, {reservations.location_state_name}{reservations.location_zip}

Term Period:
Check-In/Begins:  {reservations.startdate} at {reservation_additional.check_in_time}
Check-out/Ends: {reservations.enddate} at {reservation_additional.check_out_time}


PROACTIVE Vacations (herein as “Agent”), as Agent of the Owner, hereby rents to Tenant (as named above) the Property (herein as the “Premises”) as identified above,  on the  Terms and Conditions as provided in this Vacation Rental Agreement (hereafter as the “Agreement”).  Any reference to the word “guest”, “vacationer”, or “Tenant” shall collectively mean the “Tenant”.

ATTENTION:   As the Tenant, you are required to acknowledge and execute this Agreement at the time of booking the reservation as defined herein.  Each person remitting payment to the Agent for the cost of Vacation Rental described herein is required to execute the Agreement or a separate copy thereof.  Each person remitting payment to the Agent shall be a party to the Agreement.  Failure to execute the Agreement by all parties will result in immediate termination of your reservation and you will forfeit all monies paid to Agent in advance, save and except any refundable security deposit that will be refunded.
The specifics of the costs and other details of the reservation are provided in detail on the following page:
 
 
Reservation Details
{reservations.folio}
{reservations.expected_charges_table}
Additional Terms, Conditions, Policies, and Addenda follow on the Next Page
 
TERMS and CONDITIONS
  1. Rent: Tenant agrees to pay for the Premises in the full amount described above.  50% or ½ of the Total Rent, taxes, and fees plus the Reservation Fee and ½ half of any stipulated Security Deposit shall be paid when booking the reservation.  Tenant will pay the full and/or the remainder amount of Rent, taxes, fees, and Security Deposit no later than 45 calendar days prior to the Check-in Date.  Failure to pay rent within the appropriate time frame will result in the cancellation of the Reservation with no refunds to the Tenant.
  2. Tenant Representation:  Tenant represents and warrants that Tenant is a least 25 years old and Tenant will occupy the Premises during the Term of the tenancy created hereunder.  Tenant acknowledges that any falsification of age or of any other information as provided by the Tenant is grounds for Expedited Eviction.
  3. Disbursement of Rent and Third Party Fees: Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth above to the owner (or as the owner directs) prior to Tenant's occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this agreement by the Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $45.00 processing fee for any check of Tenant's that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. 
  4. Security Deposit: Any security deposit collected from the Tenant may be applied to actual damages caused by Tenant as permitted under Chapter 42A of the NC Vacation Rental Act, Article 1, Vacation Rentals.  The cost of repair for documented Tenant caused damage which exceeds the amount of security deposit held may be charged to the guest.  In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this agreement (including any addendum hereto) as being included with the Premises. Agent shall apply, account for, or refund Tenant's security deposit within 45 days following the end of the tenancy.
  5. Airbnb Reservations:  Exception to security deposit requirement may apply to Airbnb bookings. Reservations originating in the Airbnb platform are not charged a security deposit up front.  For Airbnb bookings, if PROACTIVE Vacations receives a warranted report of tenant damage, documentation will be sent to Airbnb's Resolution Center to request reimbursement for damage expenses incurred by the property owner through Airbnb.
  6. Trust Account: Any advance payment made by Tenant shall be deposited in a trust account with United Bank located at 3178 Holden Beach Rd, Supply, NC 28462. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.
  7. Tenant Duties: Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to:
    a. Keeping the Premises as clean and safe as the conditions of the Premises permit;
    b. Only toilet paper will be used/placed in toilets and/or waste water drains.  Specifically excluded are feminine hygiene items, wipes, diapers (disposable or otherwise), and other paper products.
    c. causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; 
    d. Notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy.
    e. Tenant is advised and encouraged to inspect the property upon arrival and report any existing damage to the Agent WITHIN 24 HOURS OF ARRIVAL.  This includes inspection of any bed linens, if applicable.  This action is extremely important to assure that the Tenant is not found liable for damage that pre-existed their arrival. 
    f.  Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only.
    g. Tenant agrees to closely supervise children at all times while occupying the premises, including on areas such as elevators, stairs, walkways, raised decks, rooftop overlooks, balconies, patios, pools, hot tubs, etc.
    h. IN CASE OF EVACUATION TENANT SHALL: (1) Lock all windows and doors. (2) Take porch/patio furniture inside or otherwise secure as well as possible. (3) Close blinds and curtains. (4) Secure outside trash cans 
    i.  Tenant's breach of any duty contained in this paragraph shall be considered material; and, may result in the termination of Tenant's tenancy.
    j.  Tenant will adhere to all rules, regulations, and/or guidelines contained in this Agreement, those provided in separate written correspondence, or posted on the Premises. 
    k. Tenant will adhere to all the Ordinances of the Town of Holden Beach.
  8.  Occupancy Limits: The Maximum Occupancy for the Premises is {reservations.unit_max_occupants} All homes are limited to families, married couples, or adults 25 years of age or older. Bedding arrangements in the Premises are portrayed only to illustrate possible sleeping arrangements and may not be taken as a representation of permitted occupancy. Tenant agrees to be responsible for assuring that maximum permitted occupancy of the Premises is not exceeded during the term of this Agreement and should contact Agent with any questions regarding permitted occupancy of the premises. 
  9. Events, Parties, and Other Visitors:  House Parties are Prohibited on the Premises.  Any special events such as but not limited to:  family reunions, weddings, receptions or anniversaries are not permitted at the Premises without express, written permission by the Agent.  Special Events require additional lease provisions, event fees, insurance, and/or additional security deposit.  Failure to acquire prior approval for your special event could result in expedited eviction additional fees, or other action.
  10. Agent Duties: Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, and there is not a Mandatory Evacuation as described in Paragraph 11 below; Agent shall refund to Tenant all monies paid by Tenant. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap, familial status, sexual orientation, or gender identity of any tenant.
  11. Mandatory Evacuation: If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order.  However, Tenant will not be entitled to a refund if,  prior to taking possession of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent.                                                                                                                                                                                                                                                                                                                         
    • {{initial}}  Tenant Initials.  Tenant has read the above paragraph 11 and acknowledges by his/her initials,  that he/she has been provided the opportunity to purchase insurance by the Agent and that if Tenant refuses to purchase said insurance, then Tenant is not entitled to a refund due to Mandatory Evacuation of any funds paid under the terms of this Agreement.  
  12. Pandemics:  In the event that the State of North Carolina, Brunswick County, or the Town of Holden Beach issues a State of Emergency declaring that the Agent is prohibited from renting the Premises during the period of Tenancy due to any type of Pandemic such as with COVID-19, the Agent will either reschedule the stay period as defined herein or will provide the Tenant with a full refund of all monies paid.  Agent will not provide any refunds or alternative stay dates based on fear of travel or restrictions placed by other states or countries. This does not prohibit the Tenant from cancelling his/her tenancy as contemplated by this Agreement under the provisions and terms of paragraph 13 below.
  13. Cancellations:  Cancellation Requests of a confirmed reservation must be received in writing. If Agent is able to secure an alternate reservation for the same time period as contemplated in this Agreement,  the Tenant will be issued a refund, less a Cancellation fee of $300.00,  any Reservations Fee, and any amounts paid for travel related insurance and damage insurance.  If the Premises is not re-rented for the full time period and for the same terms and conditions of the cancelled reservation, all monies paid will be forfeited by the Tenant.
    • {{initial}}Tenant Initials.  Tenant has read the above paragraph 13 and acknowledges the same by his/her initials. 
  14. Expedited Eviction:  If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant's tenancy has expired, (ii) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its term would result in the termination of Tenant's tenancy, (iii) fails to pay rent as required by this Agreement, or (iv) has obtained possession of the Premises by fraud or misrepresentation.
  15. Indemnification and Hold Harmless: Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guest) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act.
  16. Right of Entry:  Tenant agrees that Agent, the owner of their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvement thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants.
  17. No Assignment:  Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
  18. Pets: Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant's breach of this provision shall be considered material, and shall result in the termination of Tenant's tenancy and retention of Tenant's full security deposit for repair of damages including but not limited to any actual damages and professional cleaning of all rugs, carpets, draperies, upholstery, window treatments, and etc. located at the Premises.
  19. Transfer of Premises: 
    a. If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises, if the Tenant's occupancy under this Agreement is to end 180 days or less after the grantee's interest in the Premises is recorded. If Tenant's occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee's agent is required to: (i) notify Tenant in writing of the Transfer of the Premises, the grantee's name and address, and the date the grantee's interest was recorded, and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this agreement or receive a refund of any payments made by Tenant. However, if the grantee engages Agent to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this agreement.
    b. Upon termination of the owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise the owner, owner's agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner's successor-in-interest within 30 days, and notify Tenant by mail of such transfer and of the transferee's name and address. However, if Tenant's occupancy under this Agreement is to end more than 180 days after recordation of the interest of the owner's successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
  20. Governing Law, Venue: The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, and that in the event of a dispute, any legal action may only be instituted in Brunswick County, NC where the Premises is located.
  21. Use of Electronic Means and Notice:  The parties agree that electronic means may be used to sign this Agreement or to make any modifications the parties may agree to, and that any written notice, communication or documents may be transmitted electronically to any e-mail address, cell phone number or fax number used by the parties to communicate during the course of this Agreement.  Any notices required or authorized to be given hereunder or pursuant to applicable law may also be mailed to Tenant’s address or hand delivered to the Tenant at the address of the Premises and to the Agent at the Agent’s address.
  22. Addenda: Any addenda to this Agreement are described in the following space and attached: Exhibit A – Vacation Rental Policies, Exhibit B – Insurance Acceptance or Decline.  Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.
  23. Entire Agreement:   This agreement includes all of the agreements and no representation, inducements or other provisions are contained in this agreement. This agreement is binding. If any party does not understand it, the party should seek legal help.
ACKNOWLEDGEMENT:

I/we, the undersigned and Tenant as described herein, have fully read and do hereby agree to all of the terms and conditions of this Agreement including any Addenda as outlined herein as witnessed hereto by my signature.


Tenant Signature:  {{signature}}

Tenant Printed Name: {reservations.first_name} {reservations.middle_name} {reservations.last_name}

Date: {current_date2}

Addenda to this Agreement Follow on the Next Page
 
 
 
EXHIBIT A
VACATION RENTAL POLICIES
The following Rules and Policies are incorporated into the Vacation Rental Agreement between the Agent and Tenant.
  1. Accommodations:  Individually and privately owned, each rental property reflects the taste of its Owners. Specialty items vary. If Tenant is renting more than one home, do not mix the contents or rearrange furniture. Many homes have an Owner’s Locked Closet. Tampering with locked closets will result in a charge to Tenant’s Security Deposit. (See Security Deposit/Damages). Every effort is made to assure accurate descriptions with no misrepresentation intended. Agent will not be held responsible for errors in printing, changes made by Owners or matters out of Agent’s Rental’s (PROACTIVE) control, i.e. noise, construction, weather, etc. Complaints regarding accommodations must be submitted in writing to PROACTIVE prior to check-out for consideration by the Owner of the rental property. Substitutions and refunds will not be made for any reason except as required by law.
  2. Tenant Provided Goods:  The Agent DOES NOT provide or furnish the following items which are the responsibility of the Tenant:                                                                                                                                                     
        a. Disposable Goods including but not limited to paper products, toilet paper, paper/plastic cups, trash bags, etc.
        b. Bath linens, kitchen linens, and/or beach towels
        c. Spices, condiments, or any item used for the preparation of food
        d. Clothing hangers (provided in many properties, but not guaranteed)
        e. Cleaning supplies including dishwashing detergents.
        f. Beach Chairs, umbrellas, beach toys, and etc. 
  3.  Linens:  For stays of seven nights or more bed linens are provided free of charge.  For stays of six nights or less, bed linens will automatically be added to the reservation at a cost to the Tenant or Tenant must inform Agent that they will be bringing their own linens.  If guests opt later to bring their own linens, notification must be received two weeks before the check-in date.  No refunds will be made for linens without the proper two-week notification.  Damaged linens will result in a $20.00 per house charge and excessive linen damage will result in a charge of market rate.  Each bed linen rental will receive one set of sheets and pillowcases per bed (sofa beds, futons or other beds located outside of bedrooms are not included). *Notice* Sunscreen and other oils etc. stain the sheets. The result of stained/damaged sheets will be a charge to the Tenant in the amount of $20.00 and excessive linen damage will result in a charge of market rate.  This charge will be deducted from the Tenant's Security Deposit.  Tenant should inspect linens upon arrival and report any pre-existing damage to Agent within 24 hours of check-in    
  4.  Check-In Instructions:  Lock box combination and other helpful information will be provided to guests via email three (3) days prior to their check in date provided that all documents have been executed and full payment has been made for the Reservation.  Where check-in date is within three (3) days or less at the time of booking, check-in instructions will be provided at time of booking provided that all documents have been executed and receipt of full payment.  
  5. Check-in Time:  Check-in time is 4:00 PM at all properties unless the Tenant has specifically paid for early check-in.  The check-in time is strictly enforced to assure. that all our homes are in good condition and ready for you to begin your vacation. Tenants and/or their guests who enter the property or park at the property prior to scheduled check-in are considered to be trespassing.  Guests will be asked to leave until their check-in time and will be charged an automatic $80.00 fee. Please remember that during prime season (June, July and August) each home in the PROACTIVE program must be readied for occupancy within a very tight time frame. In many cases, homes require maintenance repairs, additional cleaning time, etc. PROACTIVE will make every effort to assure that all our properties are clean and ready for occupancy by 4:00 PM, but this is not guaranteed. In certain unavoidable situations, it may be necessary to delay occupancy until the property is ready. There are no refunds for late occupancy.  With advance request, early check-in may be available on a limited basis for some properties. If early check-in is approved, your check-in time will be 2:00 PM and the fee will be $80.00.  
  6. Keys and Lockbox:  Some of our properties have a lockbox located at the property where keys are placed for access to the property.  Check-in instructions that are emailed to the Tenant 3 days prior to check-in will provide information for the lockbox location and the access code for entry to the lockbox to obtain keys.  A maximum of 2 keys are available for each home. There will be a $25.00 non-refundable fee for each lost or unreturned key.  Due to the necessity to replace any lost or stolen keys immediately, this fee is non-refundable even if keys are returned at a later time or after the Tenant has checked out.   Upon departure, place both keys back in the lockbox and remember to secure the lockbox by not leaving the code in place/unlocked. The replacement fee for lost Pool or Gate Access Cards/Keys range from $100-$200 per loss
  7. Electronic Door Lock:  Many of our properties have electronic door locks. Tenant will be provided check-in instructions 3 days prior to his/her check-in.  Included in these check-in instructions will be a Code assigned to the Tenant for the duration of their stay.   
  8. Check-Out:  Check-Out Time is at 10:00 AM for all properties, no exceptions.  The Premises must be vacated, secured and ready for your check-out inspection by 10:00 AM.  Tenants who remain at the property or still parked at the property after scheduled check-out are considered to be trespassing.  Tenants will be asked to leave immediately and will be charged an automatic $80.00 fee.  Late check-out may be available upon advance request on a limited basis for some properties. If late check-out is approved, your check-out time will be 12:00 Noon and the fee will be $80.00. 
  9. Check-Out Rules and Guidelines: To ensure that homes are well maintained, cleaning and inspections will occur after each departure by Agent.   Guests are required to:                                                                                               
        a. Empty all trash cans and remove trash from areas inside and outside the Premise. (Tenant Charge for Non- Compliance - $15.00)
        b. Place trash cans roadside between road and sidewalk or within three feet from road. (Tenant Charge for Non- Compliance - $45.00)
        c. Wash and put away all dishes/pots/pans/silverware. (Tenant Charge for Non-Compliance - $35.00)
        d. Ensure the home receives reasonable cleaning during your stay, i.e. vacuuming, sweeping, etc. (Tenant may incur additional Charges for excessive cleaning necessitated by condition of the property after check-out)
        e.  Leave furniture and other contents in original location and condition.
        f. When departing, leave AC at 78 degrees or Heat at 55 degrees depending on the season.
        g. Strip all beds of linens. If linens were on the bed at arrival, please leave them at the foot of the bed. If linens were supplied in a linen bag, place them back in the linen bag provided and leave just inside entry door.
        h. Remove all food items from cabinets, counters and refrigerator.  
  10.  Hold Reservations For The Following Calendar Year:  Tenant may request to make a “Hold Reservation” for the same time period of this Tenancy for the following Calendar Year.  The Premises Owner has the priority to accept or reject any Reservation Hold until such time as the Reservation is confirmed.   The Tenant may reserve the same Premises for the calendar week for the next year by notifying Agent by Wednesday at 5:00 PM during the week of their stay.  After that time, the home may be made available for the general public to make a Hold Reservation.  An Advance Hold Reservation Fee of $50.00  is required and this fee does not apply toward any future balance.  Tenants with Holds in place will be contacted in the fall to be advised of the following year base rent rate that will apply to their held reservation.  Initial payment of 1/2 of funds due on reservation must be made NO LATER THAN January 10th of the year of stay. Failure to provide this payment by the deadline may result in immediate cancellation of the Hold Reservation.  All Hold Reservations are tentative in nature and are subject to rate increases, change of amenities and availability/owner use.
  11.  Pets:  Pets are strictly prohibited in properties except for those properties that are specifically designated as a Pet Friendly Property and provided that Tenant has paid the listed Pet Fee together with the execution of any Pet Addendum.  In the event that upon inspection of the Premises either during or after Tenant’s tenancy evidence shows that this policy has been violated, a Minimum Fee of $750.00 will be charged to the Tenant’s Security Deposit and/or Credit Card on File to cover any cleaning of the property and the Pet Fee that would have been otherwise charged to the Tenant.    Any violation of this policy may further result in Expedited Eviction of the Tenant with no Refunds. Additional fees may be charged to the Tenant for cleaning of the Premises including professional cleaning of carpets, rugs, draperies, upholsteries, and linens.    Americans with Disabilities Act (ADA) rules with regard to tenancy service dogs are honored. For more information on Pet Friendly Properties please refer to:
    https://www.proactivevacations.com/pet-friendly-resources.  Guests who may be sensitive or allergic to pet hair or dander should be aware that it is not guaranteed that a pet has not entered the home.  Registered service dogs & owner's pets may have resided in the property previous to guests stay.
  12.  Maintenance / Refunds: All equipment in each home should be in working order. Tenant should report any inoperative equipment to Agent promptly.  Agent will make every reasonable effort to have the problem corrected. Under no circumstances will there be a reduction of rent or refund for any mechanical failure of air conditioning, heating unit, dishwasher, elevators, washer, dryer, internet access, cable TV, VCR, DVD (as VCR’s and DVD's become inoperative and may not be replaced), blender, toaster, or other appliances. While rare, all pools/hot tubs are subject to temporary closing due to extenuating circumstances. No refund or rent reductions will be given if this occurs. 
  13.  Substitution / Non-Availability: Should the Premises confirmed by Tenant become unavailable for any reason save and except during any time period when a Mandatory Evacuation is in effect for the location where the Premises is located; Agent will inform Tenant of the Premises being Non-Available, and prior to check-in whenever possible. Every attempt to relocate Tenant to a comparable property will be made, unless Tenant requests a full refund, in which case all monies will be refunded. Tenant will be responsible to pay any difference in the total cost including fees, taxes, and insurance on a substitute property that exceeds the original reservation amount.  
  14.  Forms of Payment:  Cash, money order, cashier’s check, personal checks (Personal Checks cannot be accepted for payment when the check-in date is within 45 days of payment), MasterCard, Visa and Discover are accepted. Agent will process check deposits through the bank only once. There will be a $45.00 charge for any checks returned for insufficient funds or account closure and Tenant’s reservation will be canceled immediately. All funds must be paid in US dollars.
  15. Reservation Fee:   Included in the Tenant charges is a non-refundable Reservation Fee of $60.00 and is included in the first/initial payment made by the Tenant. This fee will be disbursed to the Agent at the time the Reservation is made.
  16. Lock-Out Policy:  In the event a Guest is locked out of the home during the rental period, Tenant may borrow a key from the Agent's office during normal business hours at no charge provided the Tenant returns the key to the Agent’s office during normal business hours the same day.   After business hours, the Tenant must contact the Agent’s office at (910) 842-1550, Option 2.   Agent’s employee will meet the Tenant at the office. There will be a $35.00 service charge, ($45.00 if key must be delivered to the home). This fee is to be collected at the time service is requested and paid via credit card. 
  17.  Packages/Mail: Packages and mail may be received through and picked up at Agent’s office during normal business hours.   Agent does not deliver mail or packages.
  18.  Personal Property: Agent will not be responsible for personal items left by Tenant. A $20.00 service fee will be charged to the Tenant for handling the return of any personal items left at the Premises by Tenant in addition to any shipping charges.  Agent will provide Tenant information for local postage/shipping service affiliate that will pick up any Tenant items from Agent’s office that are to be returned to Tenant.
  19. Property Listed for Sale:  If the Premises is listed for Sale, the Premises may need to be shown to perspective Buyers during the Tenant’s tenancy. If a request for showing occurs during the Tenant’s tenancy, the Agent’s employee will call Tenant to request approval of the appointment showing time. Agent will limit such showing appointments to only as needed. 
  20. Noise Ordinance:  The Town of Holden Beach has implemented Ordinance 16-09 into law. This law caps the town noise ordinance at the following: 60 dB(A) day, 50 dB(A) night for residential & 65 dB(A) day, 60 dB(A) night for all other zoning. For a complete copy of this new law, please contact the Town of Holden Beach.  The Tenant agrees to adhere to the Noise Ordinance.  Agent makes no guarantees and is not responsible for the enforcement of the noise ordinance. 
  21. Area Growth: Construction & Remodeling is occurring all along the coast of N.C. Agent will not be responsible for homes that may be under construction next to or near the home Guests rent. New construction may also alter views from rental property.
  22. Furnishings/Amenities:  The owner has furnished the unit with basic needs for housekeeping, cooking, etc. Tenants are not permitted to move furnishings, and are expressly prohibited from taking interior furnishings/pillows/bedspreads/blankets outdoors or on exterior decks, balconies and patios. Pillows and bedspreads are provided.  Bed linens are provided at the Premises unless they have been specifically excluded from the rental by request of the Tenant when booking a reservation for a period of 6 nights or less.  Pools, hot tubs, whirlpools, elevators and other special amenities will be maintained as well as possible but no refunds will be given with regards to the condition of these special amenities.  Tenant will use all amenities with safety in mind and be aware that decks, concrete pads, outside showers, pools and hot tubs will be slippery from water and caution should be exercised.  Tenant acknowledges equipment that may be supplied for their convenience such as highchairs, portable cribs, beach carts, toys, etc., are to be used at Tenant’s own risk.  Agent and/or Owner does not guarantee the proper operation or safe functioning of these items.
  23. Grills and Fires:  Use of charcoal or gas grills are prohibited within 15 feet of any structure (including decks) on the premises which includes the use of grills on decks, porches, in open carports. The Town of Holden Beach Ordinances do not allow fires on the beach strand. 
  24. Telephones:  A Telephone may be provided at the Premises which may be used for local calls only. To make long distance calls, Tenant is required to use a calling card, or call collect. If long distance charges are incurred during a Tenant’s stay, Guest will be charged $20.00 on the security deposit in addition to the cost of the phone calls. Calls to Wilmington, Southport, Oak Island and other surrounding areas may be toll calls.
  25. Surveillance:  Some vacation properties managed by the Agent may have an exterior video-only security camera.  If the Premises has this amenity, the purpose is for deterrence and monitoring purposes of maintenance, cleaning staff, check-in and check-out traffic.  Any attempt to tamper with, disable or obscure the camera is prohibited and will result in a fine.  There are no security cameras located inside the Premises.
  26. Campers and Motor Homes:  No campers, tents or motor homes are allowed on the Premises and use of such are subject to the Town of Holden Beach Ordinances.
  27. Tax: Taxes may change at any time. Taxes will be at the rate of the time of occupancy. Taxes will be disbursed upon termination of the tenancy or material breach of this agreement. Any and all fees that are referenced within this agreement do not include sales tax. Sales tax will be added to any and all such fees. 
  28. Early Disbursement:  Any fees paid to Agent for goods or services procured by Agent may be disbursed prior to occupancy.
  29. Forum Selection Clause:   A) This agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina. B) This agreement shall be treated as though it were executed in the County of Brunswick, State of North Carolina, and were to have been performed in the County of Brunswick, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in courts in Brunswick County, North Carolina. Lessee/Tenant specifically consents to such jurisdiction and to extraterritorial service of process.
  30.  Funds Transfer: Properties managed by the Agent for Vacation Property rentals are each owned by separate owners.  As such, funds and/or reservations may not be transferred from one rental to another without the express agreement by each property owner at their own discretion.
  31. Other Rules and Policies:  It is the intent of the Agent that Tenant have peaceful enjoyment of the Premises.  At the same time, the Tenant is required to exercise due care of the Premises and to exercise reasonable and safe practices in his/her use of the Premises.                                                                                     
       a.  Smoking inside the Premises is prohibited.  Evidence and/or smell of smoking on the inside of the Premises will result in a minimal charge to the Tenant of  $500.00 for the cleaning and removal of any smoke smell and/or damages.
       b.  Tenant will not turn the air conditioning thermostat below the setting of 72 degrees.  The humid coastal climate taxes the air conditioning system.  Any damages caused to the air conditioning system due to Tenant setting the temperature below 72 degrees will result in repair costs charged to the Tenant.
       c.  Tenant will not tamper with TV’s cable boxes, and other electronic equipment on the Premises without the permission of the Agent.
       d.  Parking is permitted in designated parking areas only such as driveways, carports, or parking spaces.  No Parking is allowed on grass lawns for any purposes, including loading and unloading.
       e.  No jumping from decks or balconies is permitted at any time.
       f.  No climbing on roof areas of the Premises.
       g. Wi-Fi is set up in all properties.  Hacking of any system or changing of user names and/or passwords for televisions, modems, cable boxes, or routers is expressly prohibited, and may lead to additional charges being charged to the Tenant.
       h. Due to safety and conservation concerns portable slip n’ slides, pools, etc. are NOT allowed on the Premises.
       i.  Elevators are provided in some properties.  The Tenant is responsible for the proper operation of the elevator.  Doors to elevators are not to be opened prior to the elevator coming to a complete stop at the designated floor.  If it is determined that any repairs or damages to the elevator are caused by the Tenant’s improper operation of the elevator, then Tenant agrees to pay for the full cost of repair and/or service call.     
  32. Trip Interruption/Travel Insurance :  Trip Interruption/Travel Insurance charges are not automatically added to Tenant’s reservation. If Tenant wishes to purchase coverage from Rental Guardian as offered by Agent, the premium is due in full at issuance of policy.  Agent highly recommends the purchase of this coverage for our Tenant’s financial protection.  For specific and up to date coverage information, Tenant should visit:  https://proactiverentals.rentalguardian.com/available-products.html.  The option to purchase Trip Interruption/Travel Insurance is offered at the time of booking.  The Tenant may have the option to purchase Trip Interruption Insurance even though he/she refused or declined the purchase of said insurance at the time of booking the Reservation but it is not guaranteed.  If Tenant declines or refuses to purchase Trip Interruption Insurance, Tenant is not entitled to a refund of any of the costs associated with this Vacation in the event of a Mandatory Evacuation as referenced in paragraph 11 of the Vacation Rental Agreement.  Mandatory Evacuations are ordered from time to time in the geographical location of the Premises due to inclement weather conditions or other natural disasters such as but not limited to a named storm/hurricane, bridge and road closures, and other type events that threaten the safety of property or human life.  The only protection for this type of event for the Tenant is for the Tenant to purchase Trip Interruption Insurance or Travel Insurance that covers losses sustained by the Tenant from such events.  
  33.  Rental Damage Protection and Security Deposit:    Tenant is responsible for any damage caused to the Premises during their occupancy beyond normal wear and tear.   Each of the Agent’s managed properties  requires that Tenant either: 1) pay a fee for Accidental Rental Damage Protection; or, 2) to pay a refundable Security Deposit to ensure that the Owner and/or the Tenant is protected from unintentional or accidental damages in the following.  Tenant is responsible for any damages that may exceed any limits of the Damage Protection program or Security Deposit as further described below:                                                                                                                 
          a. Accidental Rental Damage Protection:  This Damage Protection program is in lieu of a Security Deposit and is a one-time fee paid for by the Tenant that is non-refundable.  For coverage limits up to $1,500.00 the fee is $69.00; and for coverage up to $3,000.00, the fee is $89.00. The amount of coverage is specific to each property and will be identified in Reservation Details of this Agreement.  Tenant is required to report any damages to the Agent.   This Damage Protection Plan covers only accidental damages and does not cover damages created by Tenant’s gross negligence, willful actions, infractions of policies and or rules as contained herein, or theft. More Information can be found here: Damage Protection Program
          b. Security Deposit:  Tenant is required to pay a Refundable Security Deposit.  The terms of such Deposit are described in paragraph 4 of the Vacation Rental Agreement. Security Deposit amounts are specific to each property.  Tenant is responsible for reporting any damages to the Agent.      
  34. Other Charges:  Security deposit funds may be retained to reimburse the property owner for the correction of damages caused by the Tenant or infractions of rules and policies as stated herein.  Repair and remediation costs resulting from documented damages caused by the Tenant will be the responsibility of the Tenant.  If repair costs exceed the amount of the Security Deposit held or when it is determined that Damage Insurance purchased by the Tenant will not cover such costs due to it exceeding the insurance policy limits or it is determined that the damages were caused by Tenants willful or gross negligent actions including infractions of rules with specific damage fees included herein, then Tenant agrees to pay the additional associated charges. Including in those charges are those enumerated here and include:                                                                                                                                                                                                                                                            
         a. Dishwasher not emptied or Dirty Dishes (Paragraph 7) - $35.00
         b. Trash left inside Premises (Paragraph 7) - $15.00
         c. Trash Receptacles not rolled to street (Paragraph 7) - $45.00
         d. Late Check Out/Early Check-in (Paragraph 5 and 6) - $80.00
         e. Lost Key (Paragraph 10) - $25.00
         f. Locked Out (Paragraph 12) - $35.00/$45.00
         g. Smoking inside Premises (Paragraph 32) – Minimal $500.00
         h. No Pets (Paragraph 16) - $750.00                                                                                                                                                                                                             

    {{initial}} Tenant’s Initials.   Tenant has read the Rules and Policies contained in this Exhibit A and acknowledges his Agreement of the same by his/her initials
 
 
EXHIBIT B
 
INSURANCE - ACCEPTANCE OR DECLINE COVERAGE

 
PROACTIVE Vacations  has informed me of my Trip Interruption Insurance options to purchase, if within time limitations or other policy requirements  and  I have chosen to (Tenant must choose only one of the options below):

{{checkbox,Insurance,1,1}} ACCEPT Trip Interruption/Travel Insurance as offered by PROACTIVE Vacations.  Click here  for the Trip Insurance Flyer listing 30 covered reasons for cancelling.

{{checkbox,Insurance,2,1}} DECLINE Trip Interruption/Travel Insurance
If I decline Trip Interruption/Travel Insurance, I understand there are no refunds, vacation rescheduling, or any other type of consideration for Mandatory Evacuation Orders issued by the State of North Carolina, Brunswick County, or the Town of Holden Beach.  I further understand that by declining Trip Interruption/Travel Insurance may also cover other covered reasons that might provide protection of losses in the event that any part of vacation may have to be cancelled.   PROACTIVE Vacations highly recommends that Tenant purchase Trip Interruption/Travel Insurance to protect from any loss of funds.

{{checkbox,Insurance,3,1}} I have purchased Trip Interruption Insurance outside of PROACTIVE Vacations


Tenant Signature:  {{signature}}


Tenant Printed Name:  {client.first_name} {client.last_name}


Date: {current_date2}