Terms and the letter agreement above between Downtime 850, LLC, a Florida limited

liability company d/b/a Downtime Vacation Rentals (“Downtime Vacation Rentals,” “we,” or “our”) and the

individual signing the letter above, submitting payment and all occupants of the Premises during the stay (hereinafter

jointly and severally referred to as “Guest” or “you” or “your”), constitute the entire understanding and agreement

(the “Agreement”) between the parties with respect to your rental of the Premises. If there is a conflict between these

Standard Rental Terms and the remainder of the Agreement, these Standard Rental Terms will govern, unless

otherwise clearly stated.

1. Check-In / Check-Out Times. Check-in begins

at 4:00 PM (CST), and we will use our best efforts to

have the Premises ready for you at such time. In rare

instances, check-in to the Premises may be

unavoidably delayed due to unexpected maintenance

and/or housekeeping issues. You are not allowed to

enter the Premises until all housekeeping and

inspections have been completed, and housekeepers

are not authorized to grant access to the Premises.

Check-out time is 10:00AM (CST). Late check-outs

require additional staffing and will be subject to an

additional fee of $100 per hour beyond 10:00AM.

Refunds are not given for late arrivals or early

departures.

2. Reservation Deposit. A reservation deposit

equal to 50% of the total booking charges is due at the

time of reservation along with full payment for CSA

Travel Protection unless declined. The reservation

deposit will be applied towards the total booking

charges due. This is not a damage deposit.

3. Payment of Total Booking Charges. The

balance of the total booking charges are due 60 days

prior to your Check-In Date and will be charged to the

credit card on file unless other arrangements have been

made. Failure to pay the balance of the total booking

charges in full when due shall result in cancellation of

the reservation.

4. Travel Protection Insurance. Travel insurance

for your stay is available at an additional cost through

CSA Travel Protection. In case of certain unforeseen

events, this insurance may provide for reimbursement

of unused, non-refundable pre-paid trip costs. If your

total booking charges include a separate line item for

Travel Insurance, you have purchased CSA Travel

Protection insurance through Downtime Vacation

Rentals and Downtime Vacation Rentals will remit

these funds directly to CSA Travel Protection on your

behalf. If your total booking charges do not include a

separate line item for Travel Insurance, you have not

purchased CSA Travel Protection insurance through

Downtime Vacation Rentals and you are not covered.

Please see your letter agreement for additional details.

5. Cancellations and Changes. Reservations may

only be cancelled by notifying us in writing at least 60

days prior to your Check-In Date (“Cancellation

Period”). In such instances, your reservation deposit

will be refunded less all administrative fees and

charges. If you cancel a stay or a portion of a stay after

the Cancellation Period, you will be responsible for the

full amount of the total booking charges with no

refund. This loss may be avoided if you purchased a

separate CSA Travel Protection Policy and the reason

for cancellation is covered under CSA’s terms and

conditions. No discount to the total booking charges

nor any refunds will be given for any adjustments or

changes to your reservation after the Cancellation

Period for any reason, including late arrivals, early

departures, inclement weather, maintenance and/or

housekeeping issues, failure, outages or noise.

6. Damage and Maintenance Program Fee. Your

total booking charges includes a non-refundable

damage and maintenance program fee that relieves

you of the cost for unintentional and incidental

damage to the Premises and its contents, not to exceed

the amount of coverage of $2,000 reported prior to

Check-Out. The full terms of the damage and

maintenance program fee, including when it does and

does not apply, are set forth on Schedule A-1.

7. Premises Selections. We will reserve the

specific Premises you have selected at the time of your

reservation upon the receipt of your reservation

deposit and this Agreement signed by all parties

paying for the reservation. However, we reserve the

right to change your selected property at any time if

the selected property becomes unavailable for your

stay due to maintenance, removal of the Premises from

our rental program, other changes or decisions of the

owner of the Premises (the “Owner”), decrease in the

maximum occupancy of the Premises, or other issues

that may render the Premises unsuitable for rental.

Should this occur to your confirmed reservation, we

will make reasonable efforts to move you to an

available comparable property, with such alternative

property being within our sole discretion, or at your

election, refund any amounts you have paid towards

the reservation. You understand and agree that your

remedy in such a situation is limited to similar

accommodations or a full refund and that Downtime

Vacation Rentals is not responsible for any direct or

indirect costs, expenses, fees or consequential

damages resulting from the unavailability of a specific

property.

8. Preferences; Conditions; Furnishings. The

Premises is individually owned and furnished to the

Owner’s taste and preferences, including placement of

items, furnishings and mattress comfort level.

Inventories and furnishings are subject to change

without notice. We do not give refunds or rate

adjustments if the Premises do not meet your

preferences or expectations upon arrival. We are not

responsible for errors on our website or brochure, for

changes to inventories or furnishings made by the

Owner, or for any conditions beyond our control upon

arrival. Mid-stay relocations are not permitted except

in instances where the Premises becomes unsuitable

for rental. If the Premises has a bunk bed, you are

advised to supervise children in the use of the bunk

bed, including the use of any ladder to access the bunk

bed. You are not permitted to play on the bunk bed or

ladder, to use a chair or any other object to access the

bunk bed, or to attach any foreign objects, such as

towels, ropes or belts, to the bunk bed or ladder. You

should contact us immediately if the bunk bed or

ladder are damaged or broken. Your use of the bunk

bed, including the ladder to access the bunk bed, is

entirely at your own risk.

9. Rate Adjustments After Booking. Specials and

promotional offers may be offered by Downtime

Vacation Rentals from time to time. All specials and

promotional offers apply to new bookings only and not

to existing reservations and are available for a limited

period of time. In very rare instances, a rental rate may

be misquoted at the time of booking due to human

and/or computer error. Should this occur to your

confirmed reservation, we will make reasonable

efforts to move you to an available property with a

similar rental rate to your original reservation, with

such alternative property being within our sole

discretion, or at your election, refund any amounts you

have paid towards the reservation. You understand

and agree that your remedy in such a situation is

limited to alternative accommodations or a full refund

and that Downtime Vacation Rentals is not responsible

for any direct or indirect costs, expenses, fees or

consequential damages resulting from the misquoted

rental rate.

10. Pet Policy. Pets are not permitted at the Premises

unless otherwise specifically noted on the reservation

letter and a separate pet-friendly property charge is

included in your total booking charges. Guests who

violate this policy by bringing a pet to a non-pet

friendly property will be charged an additional $1,000,

plus the expense of any cleaning we deem necessary,

in our sole discretion. Violations may also result in

immediate eviction and forfeiture of total booking

charges. Notwithstanding this provision, Downtime

Vacation Rentals is committed to providing

reasonable accommodation to protect the rights of

guests with disabilities to bring a “service animal” (as

defined by Florida and federal law) under the terms of

The Fair Housing Amendments Act of 1988, Section

504 of the Rehabilitation Act of 1973, and Title II of

the Americans with Disabilities Act. If you need a

service animal who has been trained to do work or

perform tasks for a disability, you should request a

reasonable accommodation, in writing from

Downtime Vacation Rentals at the time of your

reservation. The request should state that you have a

disability and provide the specific work or task that the

service animal has been trained to perform. You need

not disclose the details of your disability nor provide a

detailed medical history. You will be responsible for

any damages caused by a service animal, including

any additional cleaning fees required at the end of the

stay to prepare the Premises for incoming guests.

Emotional support animals are only permitted in

Downtime Vacation Rentals properties that permit

pets.

11. No Smoking. Smoking is not permitted at the

Premises. Guests who violate this policy will be

charged an additional $1,000, plus the expense of any

cleaning we deem necessary in our sole

discretion. Violations may also result in immediate

eviction and forfeiture of all total booking charges.

12. Maximum Occupancy; Events. The maximum

number of guests for the Premises is based on the

Premises’ ability to comfortably and safely house our

guests and local ordinances. If the number of

individuals on the Premises at any time during your

stay exceeds the maximum occupancy for the

Premises, you may be subject to immediate eviction

and forfeiture of total booking charges.

If you desire to hold any gathering during your stay

which will cause the number of individuals on the

Premises to temporarily exceed the maximum

occupancy and/or which requires third-party services

(i.e., caterers, tent rentals or chair rentals) (an

“Event”), you should let us know at the time of

booking of your reservation. No Events are permitted

at the Premises without obtaining our prior approval

and payment of additional fees, which fees vary based

on the Premises and must be paid prior to holding any

approved event on the Premises. Some properties

and/or communities prohibit events of any kind, and

even if permitted, each Event shall be subject to our

prior approval, which may be withheld in our sole

discretion.

13. Age Requirements. All Downtime Vacation

Rentals accommodations are family rentals. The

individual signing this Agreement must be at least 25

years old and be staying in the Premises at all times.

The Premises will not be rented to vacationing

students or young adults under the age of 25

unaccompanied by a responsible parent or guardian at

a ratio of four (4) young adults (ages 15 – 25) to one

(1) adult over the age of 25 staying in the Premises at

all times. For reservations in March or April, it is

required that one parent or guardian over the age of 25

be present and staying in the Premises at all times for

every three (3) young adult guests (ages 15 – 25).

Proof of age is required by all guests and the Premises

are subject to inspection upon your arrival and during

your stay to ensure compliance. Guests who violate

this policy will be immediately evicted and forfeit total

booking charges.

14. Falsified Reservations. Reservations made

under false pretense are null and void and check-in

will not be allowed or if discovered during the stay,

guests will be subject to immediate eviction and

forfeiture of total booking charges. This policy

includes reservations made by parents or guardians

who do not check in and/or who leave the Premises at

any time during the length of the stay.

15. Multi-Party Occupancy. If your reservation

contemplates that more than one guest will stay at the

Premises, you understand that the individual signing

this Agreement remains financially responsible for the

total booking charges, subject to Section 5

(Cancellations and Changes), even if one or more of

the intended guest(s) cancel or do not pay their share

of any charges agreed upon between the guests. You

understand that each party signing this Agreement

and/or otherwise paying any portion of the total

booking charges and each guest occupying the

Premises during your stay are required to be in

compliance with all terms and conditions of this

Agreement at all times and are jointly and severally

liable for any and all damages which may be caused

during a stay. You understand that this means you are

agreeing to be financially responsible for the full

amount of any and all damages that may be caused by

any person occupying the Premises during your stay,

regardless of whether your personal acts or omissions

caused any such damages. You expressly agree to

provide each occupant of the Premises with a copy of

this Agreement prior to Check-In.

16. Entry by Downtime Vacation Rentals.

Downtime Vacation Rentals or its agents may enter

the Premises in case of an emergency, to make any

repairs, alterations or improvements, to supply

services, to show the Premises to prospective

purchasers, renters or contractors, or upon reasonable

suspicion that you have breached any of your

obligations hereunder. We will try to provide at least

3 hours advance notice of intent to enter the Premises

except in the case of an emergency, provided, that

failure to provide advance notice of intent to enter the

Premises shall not affect our ability to enter for the

reasons set forth above.

17. Housekeeping. The Premises will be cleaned to

our quality standards prior to your arrival and after

your departure. You will be responsible for the

cleaning of the Premises during your stay and for

leaving the Premises in good condition at checkout.

We respectfully request that you remember that

you are staying in someone’s home during your

vacation; please treat it with the care you would your

own. If the Premises are found abnormally dirty at

check-out, you authorize Downtime Vacation Rentals

to charge the credit card on file for the amount required

to perform a deep cleaning of the Premises without

further approval from you. All stays will be subject to

a standard departure clean, the cost of which is already

included in your total booking charges. Additional

cleanings can be arranged during your stay for an

additional fee.

18. Beach & Pool Towels. Please bring your own

beach and/or pool towels as we do not permit bath

towels or linens to be taken from the Premises.

19. Amenities. Downtime Vacation Rentals provides

the Premises with a complimentary basic starter set of

amenities for both the kitchen and bath. You are

responsible for the purchase of any additional items

you may require during your stay.

20. Maintenance. During your stay, promptly report

any maintenance problems to us on our 24-hour

emergency line. While we will do our best to promptly

address any maintenance problems that are reported to

us, we will not give any refunds or rate adjustments for

maintenance failures, including any disruptions or

failures related to the supply of electricity, water, pool

systems, air conditioning, telephone, television or

cable service, appliances, wi-fi, windows, doors, etc.,

regardless of whether such issues were reported to us.

21. Damage Policy. You are responsible for the

Premises, its contents, and yourself and your guests

during occupancy. You must lock windows and doors

securely when not in the Premises. We are not

responsible for any acts of theft or vandalism, or other

damages to any personal property or for personal items

you leave in the Premises at departure. Rearranging

the furniture or removing any items from the Premises

is strictly prohibited. After check-out, we will inspect

the Premises for damage, rearranged furniture,

missing items, and abnormally dirty appearance. If we

determine, in our sole discretion, that damage has

occurred, items are missing, or the Premises are

abnormally dirty, we will repair the damage, replace

the missing items, and/or perform a deep clean of the

Premises at your expense. By signing this Agreement,

you accept responsibility for any such damages and

authorize Downtime Vacation Rentals to charge the

credit card on file to reimburse us in full for any

expenses related to such damages without any further

approval from you.

22. Hurricanes and Severe Weather. We do not

issue refunds for cancellations or shortened stays due

to actual or anticipated hurricanes, tropical storms,

other inclement weather or Acts of God under any

circumstances. We recommend all guests purchase

travel protection insurance from CSA as noted in the

above section. Guests covered by CSA Travel

Protection may be entitled to a refund or partial refund

in the event that the National Hurricane Center and our

local governing officials issue a “Mandatory

Evacuation” order for the location of the Premises,

provided that you have purchased coverage before the

storm was named. Any such refunds shall be subject

to the terms, conditions and restrictions of the CSA

Travel Protection policy. Details about the coverage

can be obtained by reviewing the certificate of

insurance on their website at

www.vacationrentalinsurance.com/330CERT or by

calling CSA at 866.999.4018.

23. Interference with Stay. We are not liable for any

disturbance or interruption that may occur during your

stay that is outside of our reasonable control, including

noises, disturbances or facility closures, whether due

to construction, neighbors, events or other

circumstances beyond our reasonable control. You are

not entitled to a refund relating to any such

disturbances or interference nor to be moved to

another property. With respect to construction, the

rules regarding acceptable noise levels, start and

finishing times, and other restrictions relating to any

such construction are governed by local ordinances

and/or community specific rules and regulations and

are beyond our control. However, we will use our best

efforts to notify the appropriate parties and request

appropriate remedial action be taken if we receive

notice that the construction at issue may be in violation

of any such regulations or ordinances.

24. Compliance with Laws, Rules and

Regulations. You shall abide by and observe all

applicable federal, state and local laws during your

stay, as well as any rules and regulations governing the

use of the Premises and the neighborhood you are

occupying. These rules apply to both owners and

guests, and failure to comply will result in eviction and

forfeiture of total booking charges. IF YOU OR

OTHER OCCUPANTS (I) FAIL TO STRICTLY

ABIDE BY THE LAWS OF THE UNITED

STATES, THE STATE OF FLORIDA, LOCAL

LAWS AND/OR NEIGHBORHOOD RULES

AND REGULATIONS, OR OTHERWISE FAIL

TO STRICTLY ABIDE BY THE TERMS OF

THIS AGREEMENT, (II) CAUSE DAMAGE TO

THE PREMISES OR ANY SURROUNDING

AREA, OR (III) ENGAGE IN ANY OTHER

ACT(S) WHICH INTERFERE WITH OTHERS’

RIGHTS TO QUIET ENJOYMENT OF THEIR

PREMISES, YOU SHALL BE SUBJECT TO

IMMEDIATE EVICTION FROM THE

PREMISES WITHOUT ANY REFUND OF

TOTAL BOOKING CHARGES AND SUBJECT

TO LIABILITY FOR ADDITIONAL CHARGES

FOR DAMAGES INCURRED. ALL SUCH

DECISIONS SHALL BE IN THE SOLE

DISCRETION OF DOWNTIME VACATION

RENTALS.

25. Indemnification of Downtime Vacation

Rentals. You and all occupants shall, jointly and

severally, defend, indemnify and hold Downtime 850,

LLC d/b/a Downtime Vacation Rentals (including its

members, managers, officers, employees,

subcontractors, agents and representatives) and the

Owner (the “Downtime Vacation Rentals Parties”),

harmless from any and all claims, liabilities, losses,

costs and expenses (including, but not limited to,

reasonable attorneys’ fees and costs of suit) incurred

by the Downtime Vacation Rentals Parties related to,

as a result of or arising from your stay, your

transportation to the Premises, and/or your or any

occupant’s actions, including any negligent acts or

omissions, willful misconduct, or violations of laws or

any obligations in this Agreement, except to the extent

such claims, demands and actions arise from the gross

negligence or willful misconduct of the Downtime

Vacation Rentals Parties.

26. Limitation of Liability. YOU UNDERSTAND

AND AGREE THAT NO DOWNTIME VACATION

RENTALS PARTY ASSUMES ANY LIABILITY

FOR LOSS, DAMAGE, CLAIM OR INJURY TO

PERSONS OR THEIR PERSONAL PROPERTY

WHILE ON THE PREMISES OR DURING

TRANSPORTATION TO THE PREMISES, NOR

FOR ANY INCONVENIENCE, DAMAGE, CLAIM,

LOSS OR INJURY ARISING FROM OR RELATED

TO ANY MAINTENANCE OR APPLIANCE

FAILURES, TEMPORARY DEFECTS OR

STOPPAGE IN SUPPLY OF WATER, GAS, CABLE

SERVICE, ELECTRICITY, INTERNET SERVICE

OR PLUMBING; CHANGES TO RENTAL

ASSIGNMENTS; WEBSITE OR BROCHURE

ERRORS; WEATHER CONDITIONS; NATURAL

DISASTERS; ACTS OF GOD; THIRD PARTY

SERVICES OR PRODUCTS; OR OTHER

REASONS BEYOND THEIR CONTROL.

27. Release of the Downtime Vacation Rentals. In

addition to the other specific releases set forth in this

Agreement and its addendum, you, for yourself, your

heirs, assignors, executors, and administrators, and on

behalf of each occupant of the Premises, and such

occupants’ heirs, assignors, executors and

administrators (each a “Guest Releasing Party”),

fully release and discharge the Downtime Vacation

Rentals Parties from any and all liabilities, claims,

demands, and causes of action which any Guest

Releasing Party has or may have in the future by

reason of any injury, loss or damage by whatever

nature which has or have occurred, or may occur to

any Guest Releasing Party during the stay as a result,

or in connection with the occupancy of the Premises,

including your use of any ladder to access a bunk bed,

or in use of any item provided during your stay,

including bikes, golf carts or other recreational items,

or in transit to the Premises, including any claims,

damages, costs or causes of action due to the

negligence, breach of contract or wrongful conduct of

any Downtime Vacation Rentals Party, and agree not

to sue and to hold the Downtime Vacation Rentals

Parties free and harmless of any claim or suit arising

there from.

BY SIGNING THIS AGREEMENT, YOU

UNDERSTAND, INTEND AND DESIRE TO

RELEASE, ON BEHALF OF EACH GUEST

RELEASING PARTY, THE DOWNTIME

VACATION RENTALS PARTIES FROM ANY

AND ALL LIABILITY ARISING FROM OR

RELATED TO THE OCCUPANCY OF THE

PREMISES OR TRANSPORTATION TO OR

FROM THE PREMISES TO THE FULLEST

EXTENT PERMITTED BY THE LAWS OF THE

STATE OF FLORIDA.

28. Non-Disparagement. You agree and covenant

that neither you nor any Guest Releasing Party will at

any time make, publish or communicate to any person

or in any public forum (including review sites and

social media) any defamatory or disparaging remarks,

comments or statements concerning or maliciously

false statements about the Premises, any Downtime

Vacation Rentals Party or our business which could

reasonably be expected to adversely affect the

Premises or any Downtime Vacation Rentals Party’s

business or reputation.

29. Elevators. If the Premises has a private

residential elevator and you have been permitted use

of such elevator by Downtime Vacation Rentals

during your stay, you understand and agree as follows:

(a) children are not permitted to use the elevator under

any circumstances unless accompanied by an adult; (b)

the Downtime Vacation Rentals Parties are not

responsible for any malfunction or equipment failure

of such elevator; and (c) you shall be fully responsible

for any damage to or malfunction of the elevator that

occurs during your stay due to misuse or abuse of the

equipment as provided in Section 21 (Damage Policy).

30. Recreational Items. If the Premises provides

complementary golf cart(s), bicycles, beach chairs or

other recreational items (collectively, “Recreational

Items”), you further agree to the express terms,

conditions and waivers set forth in Schedule A-2

(“Recreational Items Waiver and Damage

Addendum”).

31. Third-Party Service Providers. As a

convenience, we may recommend or make available

to you the services or products of third parties during

your stay, including concierge, equipment and event

providers. You understand that we make no express

or implied representation or warranty regarding any of

such services or products, either oral or written,

whether arising by law or otherwise, all of which are

expressly disclaimed, and that we do not assume any

liability whatsoever for such services or products.

32. Swimming Pool and Spa Usage. If the Premises

has a private pool, spa or sauna, you further agree to

the express terms, conditions and waivers set forth in

Schedule A-3 (“Pool Facilities Addendum”).

33. Use of Personal Data and Private Information;

Expectation of Privacy. Your privacy—and the

protection of your private information, such as your

email address, credit card information, physical

address, and name—is important to us. We will only

use your financial information (including your credit

card information on file) as necessary to process

payment for booking charges and other authorized fees

and damages in accordance with this Agreement. We

will only use your other private information that we

may collect to (i) fulfill, offer, or further develop (or

improve) our products, services, and offers or those of

our affiliates, (ii) communicate with you or our

applicable employees, agents, and third-party service

providers, and (iii) provide you information about new

and existing products, services, and offers that may

interest you related to Downtime Vacation Rentals or

our affiliates. Additionally, we may also collect

“cookies” (small files that contain unique identifiers

that allow our computers to identify your web browser,

though not you specifically, each time you visit our

website) and anonymous information about you, such

as how long you stayed on the website, the name of

your internet service provider, and the portions of our

website you viewed. Any cookies or anonymous

information we collect will only be used to improve

functionality of our website, or for research and

analytical purposes (though no personal information

about you will be included for research and analytical

purposes). Your personal information will not be

shared or sold to third parties for the purpose of their

telemarketing or selling their products or services,

unless you otherwise consent to such disclosure or

sale.

While utilizing our website, or any internet access

made available during your stay at one of our

locations, you agree not to engage in any activity that

violates any federal or state privacy, copyright, or

criminal law, or that could be considered malicious or

unethical. If you become aware of such activity by

yourself, or by another, you must immediately notify

us. Likewise, you agree not to share or disclose any

password created by you, or made available to you,

related to internet access or our website.

Despite our continual and evolving efforts to maintain

appropriate protections, we cannot guarantee the

security of your private information. Accordingly, you

acknowledge and agree that we make no such

guarantee. You recognize and accept that we have no

control over the unauthorized interception or breach of

any communications or data once it has been sent or

has been subject to unauthorized access,

notwithstanding all reasonable security measures

employed by us or our third-party vendors. You

consent to our use of these electronic devices and

applications and submission of confidential client

information to third-party service providers for your

reservation. Similarly, our website may provide links

to other websites or resources, of which we have no

control over. We are not responsible for the

availability of such external websites or resources, and

we do not endorse and are not responsible or liable for

any content, advertising, products, or other materials

on or available from such websites or resources. You

further acknowledge and agree that we shall not be

responsible or liable, directly or indirectly, for any

damage or loss caused or alleged to be caused by or in

connection with use of or reliance on any such content,

goods or services available on or through any such

website or resource.

The Premises may be equipped with cameras or other

video surveillance or recording devices that monitor

the exterior of the Premises, including the Pool

Facilities. You should have no expectation of privacy

when in the exterior areas of the Premises, and you

hereby consent to such recording for all purposes,

including ensuring your compliance with this

Agreement.

34. Binding Contract. You understand this

Agreement is binding upon each signatory and each

occupant of the Premises during the stay, whether or

not each such occupant has executed this Agreement,

and that your occupancy of the Premises is expressly

conditioned upon your agreement to each of the terms

and conditions of this Agreement.

35. Applicable Law. This Agreement shall be

deemed to have been made and entered into in the

State of Florida, and will in all respects be governed

by, construed under, and enforced and interpreted in

accordance with the laws of the State of Florida,

excluding its principles of conflicts of laws.

36. Venue, Jurisdiction, and Attorneys’ Fees. The

exclusive venue for any civil action related to this

agreement or the course of dealings between the

parties is the courts sitting in Walton County,

Florida. The parties hereby submit to the personal

jurisdiction of all the courts in the previous sentence

and agree not to challenge such jurisdiction. In any

action, suit, or proceeding to enforce or interpret the

terms of the Agreement or to collect any amount due

hereunder, the prevailing party shall be entitled to

reimbursement for all costs and expenses reasonably

incurred in enforcing, defending or interpreting its

rights hereunder, including, but not limited to, all

attorneys’ fees and the costs expended in determining

entitlement to and amount of such fees.

37. Waiver of Jury Trial. BY ENTERING INTO

THIS AGREEMENT, THE PARTIES

KNOWINGLY AND VOLUNTARILY WAIVE THE

RIGHT TO A JURY TRIAL AS TO ANY CLAIMS

A PARTY MAY CLAIM TO HAVE AGAINST THE

OTHER WHICH ARISES OUT OF THIS

AGREEMENT OR THE COURSE OF DEALINGS

BETWEEN THE PARTIES.

38. Force Majeure. Notwithstanding any other

provision of this Agreement, no party to the

Agreement shall be deemed in default or breach of this

Agreement or liable for any loss or damages or for any

delay or failure in performance (except for the

payment of money) due to any cause beyond the

reasonable control of, and without fault or negligence

by, such party.

39. Entire Agreement. This Agreement constitutes

the entire agreement between the parties and

supersedes any prior understanding, marketing or

agreement among them respecting the subject matter

hereof. There are no representations, arrangements,

understandings or agreements, oral or written, relating

to the subject matter of this Agreement, except those

fully expressed herein. No waiver of any provision

hereof shall be valid or binding on the parties hereto,

unless such waiver is in writing and signed by or on

behalf of the parties hereto, and no waiver on one

occasion shall be deemed to be a waiver of the same

or any other provision hereof in the future.

40. Severability. If any term or provision of this

Agreement is held illegal, invalid or unenforceable,

such illegality, invalidity or unenforceability shall not

affect the legality, validity or enforceability of the

remainder of this Agreement. Upon such

determination that any term or other provision is

illegal, invalid or unenforceable, the parties hereto

shall negotiate in good faith to modify this Agreement

so as to effect the original intent of the parties as

closely as possible in a mutually acceptable manner in

order that the covenants, obligations and agreements

of the parties contemplated hereby be enforced as

originally contemplated to the greatest extent possible.

41. Remedies Cumulative. The rights and remedies

under this Agreement are cumulative and are in

addition to and not in substitution for any other rights

and remedies available at law or in equity or otherwise.

42. Binding; No Assignment. All of the terms,

covenants and conditions of this Agreement shall be

binding upon and inure to the benefit of the parties

hereto and their respective heirs, legal representatives,

successors and permitted assigns. You may not assign

this Agreement or sublet the Premises without our

written consent, and any attempted assignment or

sublet shall be null and void.

43. Headings; Interpretation. Section and other

headings contained in this Agreement are for reference

purposes only and are in no way intended to define,

interpret, describe or limit the scope, extent or intent

of this Agreement or any provision hereof. For

purposes of this Agreement, the words “include,”

“includes” and “including” shall be deemed to be

followed by the words “without limitation.” This

Agreement shall be construed without regard to any

presumption or rule requiring construction or

interpretation against the party drafting an instrument

or causing any instrument to be drafted. The Schedules

referred to herein shall be construed with, and as an

integral part of, this Agreement to the same extent as

if they were set forth verbatim herein.

Schedule A-1 (Damage and Maintenance Program Addendum)

Schedule A-1

Damage and Maintenance Program Fee

(NON-INSURED PRODUCT)

A non-refundable Damage and Maintenance Program Fee is required for all reservations and is included in

your total booking charges. The Damage and Maintenance Program Fee is not insurance and does not substitute for

your responsibility to leave the Premises in appropriate condition or to act as a responsible renter. We also require a

valid Visa, Master Card, Discover or American Express number on file in addition to the Damage and Maintenance

Program Fee. The Damage and Maintenance Program Fee is a non-refundable, one-time fee per reservation that

relieves the guest of the cost for unintentional and incidental damage to the Premises and its contents reported prior

to Check-Out, not to exceed the amount of coverage of $2,000 (“Damage Limit Amount”), subject to the terms of

this Addendum.

You are responsible for any damages or losses in excess of the Damage Limit Amount as well as any damages

or losses excluded per the terms herein, and you hereby accept responsibility for any such damages or losses and

authorize Downtime Vacation Rentals to charge the credit card on file to reimburse us in full for any expenses related

to such damages or losses without any further approval from you.

The Damage and Maintenance Program Fee does not cover damages or losses during your stay related to the

following:

• Intentional acts or omissions, abuse, neglect or damage by you or any other occupant;

• Misconduct;

• Negligence (this includes any damages or losses to the Premises caused by acts or omissions that could have

been foreseen by a reasonable person);

• Theft as a result of your failure to lock or secure the Premises or property or without a valid police report;

• Damage resulting from motorized vehicles, watercraft or other Recreational Items operated by you or any

occupant;

• Unauthorized entry into the Owner’s supply closet;

• Damages, including additional cleaning costs, caused by an animal allowed on the Premises, including

unauthorized pets or service animals;

• Extensive cleaning required at Check-Out;

• Smoking on the Premises;

• Exceeding occupancy limits or parking limits,

• Any breach of any of the terms of this Agreement, including any fines imposed on Downtime Vacation

Rentals by the city, county, state or homeowners or condominium association as the result of violation of any

law, ordinance, rule or regulation or any fines or costs levied against guest or visitors of guest;

• Loss or damage to any Recreational Item, Pool Facilities’ or Pool Facilities’ equipment, including heating

equipment, pool alarms or gates;

• Loss or damage in excess of the Damage Limit Amount;

• Loss or damage to any of your personal property or that of any other occupant; and

• Any damages which you do not report prior to Check-Out. UNREPORTED DAMAGES ARE ASSUMED

TO BE DUE TO MISCONDUCT OR NEGLIENCE AND THEREFORE WILL NOT BE ELIGIBLE.

The owner of the Premises remains responsible for (a) damages that constitute normal wear and tear reported

to us within 48-hours of Check-In; (b) damages resulting from acts of God, including but not limited to acts resulting

in fire, flood or other natural disasters; (c) damages or losses to the Premises which are unrelated to your actions or

those of any other occupant; and (d) theft documented by a valid police report that occurs despite your reasonable

efforts to secure the Premises and related items.

When you provide immediate notice to us prior to Check-Out of accidental or inadvertent damage to the

Premises, we will investigate the damage to determine whether the damage appears to have been caused by accidental

or inadvertent actions and to determine the nature and extent of the damages and the necessity for and costs of the

repairs or replacements. Such determination will be made in our sole and absolute discretion. We will notify any

damages or necessity for repairs or replacements and immediately charge the card on file as authorized above.

Schedule A-2 (Recreational Items Addendum)

Schedule A-2

Recreational Items Waiver and Damage Addendum

Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement

In consideration for receiving access and/or permission to use any Recreational Item at the Premises or

otherwise made available to you as an amenity in connection with your rental of the Premises, you (including minor

children, any members of your household, or anyone who makes use of any of the Recreational Items, and together

with you, each collectively and individually referred to herein as a “User” or “Users”) hereby agree to abide by the

following terms and conditions:

1. Users shall obey all federal, state and local laws and any applicable community rules and

regulations.

2. Only licensed and insured Users over eighteen (18) years of age may operate any golf cart and each

such User must provide proof of insurance to us prior to Check-In.

3. No person using a Recreational Item shall be under the influence of drugs or alcohol or have any

impairment which would affect his or her ability to operate a Recreational Item in a safe manner in compliance with

all federal, state and local laws and any applicable community rules and regulations.

4. Bicycle helmets and life jackets are recommended and available upon request from us. Any User

who declines to wear a helmet or life jacket while riding a bicycle or using a water-based Recreational Item does so

at his or her own risk. Each User understands that wearing protective gear, such as a helmet or life jacket, does not

eliminate the risks of using a Recreational Item and may not reduce the risk of injury in the event of an accident.

5. Users are prohibited from carrying, pulling or towing a Recreational Item at any time. Users of

bicycles shall not add any kind of seat or modification to allow someone else to ride on the rear fender, and no one

shall ride on the handlebars at any time.

6. Any equipment failure shall be reported to us immediately.

7. Users shall not ride, park or store a Recreational Item outside of designated areas and shall properly

secure Recreational Items at all times. Golf carts may only be driven on streets within a community and may never

exit a gated subdivision.

8. Unless you are told by us otherwise in writing, the Recreational Items are not equipped with the

statutorily required lighting sufficient to allow riding in the dark. A golf cart may only be driven at night if it is

equipped with proper headlights and tail lights.

9. Users are responsible for any and all damages to any Recreational Item that occurs during the stay,

including theft or vandalism of any Recreational Item and other equipment, regardless of whether Users or someone

else is at fault for such damages. The Damage and Maintenance Program Fee does not cover any damages or losses

to Recreational Items. Users hereby jointly and severally accept responsibility for such damages or losses and

authorize us to charge the credit card on file to reimburse Downtime Vacation Rentals in full for any expenses related

to such damages or losses to Recreational Items without any further approval from you. Expenses may include paying

the reasonable (i) costs of repair and diminution in value, if any, or the full replacement value of such Recreational

Item and other equipment; and (ii) reasonable administrative, shipping, storage and other related fees. The decision

as to whether to repair or replace a damaged Recreational Item is in our sole discretion. Delay in recovery of damages,

including any dispute of any charges or damages, may result in additional charges due to increased down-time, storage

or other fees.

10. The Users agree to return the Recreational Items and equipment in the same condition as received,

except for ordinary wear and tear, at Check-Out.

Schedule A-2 (Recreational Items Addendum)

RELEASE AND INDEMNIFICATION

The Users acknowledge the inherent risks involved in using the Recreational Items and further agree that the use of

the Recreational Items SHALL BE AT THEIR OWN RISK. The Users understand that the use of a Recreational

Item has known and unknown risks, which could result in physical or emotional injury, paralysis, death or damage or

injury to the undersigned, to property or to other persons, and that we cannot eliminate these risks. The Users

knowingly, intelligently and voluntarily assume all risks, including but not limited to any injury or damage that may

result including but not limited to colliding with one or more bicycles, motor vehicles, water vessels or objects of any

kind, falling off the Recreational Item, sudden flat tires or holes in the Recreational Items, potholes or water

obstructions, failing brakes and weather related risks. Having acknowledged these risks and other unforeseen risks,

Users desire to use the Recreational Items despite these risks and agree to assume the risk of injury or damage resulting

from the use of a Recreational Item and agree to release and indemnify the Downtime Vacation Rentals Parties as set

forth in the paragraphs below.

The Users hereby release, waive, discharge and covenant not to sue or bring any claim against, and agree to indemnify

and hold harmless, the Downtime Vacation Rentals Parties for any liability, claim and/or cause of action arising out

of or related to any loss, damage or injury, including death, that may be sustained by the Users or the members of their

household related to, arising out of or incident to the use of a Recreational Item or other equipment, including the

possession, use, operation or return of a Recreational Item or other equipment, whether or not caused by any Downtime

Vacation Rentals Parties’ negligent act or omission.

The Users have adequate insurance to cover any injury or damage that he or she may cause or suffer while using the

Recreational Items or sufficient assets to self-insure the costs of any such injury or damage. Any insurance coverage

maintained by the Users, whether liability, casualty, personal or health, shall be the primary coverage in the event of

any loss, injury, death or damage to persons or property while using the Recreational Items.

The Users understand that we are not the manufacturer or supplier of the Recreational Items, and all Recreational

Items and other equipment are provided “AS-IS” without any warranty, either express or implied, including any

warranty of merchantability or fitness for a particular purpose.

Schedule A-3 (Pool Facilities Addendum)

Schedule A-3

Pool Facilities Addendum

Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement

In consideration for receiving access and/or permission to use any swimming pool, sauna, spa or hot tub (collectively

referred to herein as “Pool Facilities”) at the Premises or otherwise made available to you as an amenity in connection

with your rental of the Premises, you hereby agree to abide by the following terms and conditions:

1. YOU AND EACH OTHER OCCUPANT USE THE POOL FACILITIES AT YOUR OWN RISK.

No Downtime Vacation Rentals Party assumes any responsibility in the event of damage or bodily harm to you or any

other occupant.

2. You agree to be responsible for the day to day general safety conditions of the Pool Facilities,

including keeping the Pool Facilities clean of debris and trash, securing and keeping all gates and doors leading to the

Pool Facilities or the Pool Facilities’ area locked, and operating the Pool Facilities in a safe, responsible manner. Per

Florida Law, any home with a private pool is required to install pool alarms on all points of entry including windows

and doors, and Downtime Vacation Rentals is prohibited from disabling these alarms. These alarms are activated upon

opening of the door or window and can be turned off at the alarm box nearby to deactivate the sound temporarily (est.

10 seconds). Neither you nor any other occupant should disable, disarm or otherwise remove or compromise any Pool

Facility safety feature, including any barrier or exit alarm. All doors leading to the Pool Facilities or Pool Facilities’

area should be kept locked at all times. You should notify us immediately if any Pool Facilities’ safety feature is not

working properly during your stay.

3. Only you and other occupants are permitted in the Pool Facilities or Pool Facilities’ area. All policies

applying to the Premises include the Pool Facilities and Pool Facilities’ area, as well.

4. The maximum number of people in the Pool Facilities or Pool Facilities’ area should not exceed the

maximum sleeping capacity of the Premises at any time.

5. Children under the age of ten (10) regardless of swimming ability should be supervised at all times

by an adult when in or near the Pool Facilities or Pool Facilities’ area.

6. No diving is allowed. Always enter the Pool Facilities feet first.

7. No glass containers are permitted in the Pool Facilities or Pool Facilities’ area. Impaired individuals

should not enter the Pool Facilities or Pool Facilities’ area.

8. No riding equipment of any kind, including bicycles, skateboards, skates, roller blades or scooters,

is permitted in the Pool Facilities or Pool Facilities’ area.

9. Only single-person flotation devices are permitted in the Pool Facilities except for devices use to

aid individuals with handicap.

10. Rough-housing is not permitted in the Pool Facilities or Pool Facilities’ area. Running, pushing and

dunking are prohibited.

11. No pets are permitted in the Pool Facilities or Pool Facilities’ area.

12. Entry gates should be kept closed.

13. Acceptable swimming apparel must be worn in the Pool Facilities or Pool Facilities’ area. All

children not toilet trained must use swim diapers.

14. Pool Facilities hours are from 7:00 a.m. until 10:00 p.m.

Schedule A-3 (Pool Facilities Addendum)

15. If the Premises have a pool heater, the pool temperature will be set to 85 degrees by us upon the

payment of additional fees during your stay. Do not tamper with any Pool Facilities’ equipment, including the heating

equipment. The pool heaters may be ineffective once outdoor temperatures drop below 50 degrees. Most spas are

incorporated into the pool and do not heat separately. Pool heating must be requested and paid for at least one (1)

week prior to arrival.

11. You are responsible for any and all damages to the Pool Facilities or Pool Facilities equipment

(including heating equipment, pool alarms and gates) that occurs during the stay, regardless of whether you or someone

else is at fault for such damages. This includes expenses for cleaning of the Pool Facilities if they are not kept clean

and clear of debris and any foreign substance, including alcoholic beverages, food, bodily fluids, and excess sand.

The Damage and Maintenance Program Fee does not cover any damages or losses to Pool Facilities or Pool Facilities

equipment. You hereby jointly and severally with the other occupants accept responsibility for such damages or losses

and authorize us to charge the credit card on file to reimburse Downtime Vacation Rentals in full for any expenses

related to such damages or losses to the Pool Facilities or Pool Facilities equipment without any further approval from

you.

RELEASE AND INDEMNIFICATION

You acknowledge the inherent risks involved in using the Pool Facilities and further agree that the use of the Pool

Facilities SHALL BE AT YOUR OWN RISK. You understand that the use of Pool Facilities has known and

unknown risks, which could result in physical or emotional injury, paralysis, death or damage or injury to the

undersigned, to property or to other persons, and that we cannot eliminate these risks. You knowingly, intelligently

and voluntarily assume all risks, including but not limited to any injury or damage that may result including but not

limited to drowning, paralysis and head injury, and weather-related risks. Having acknowledged these risks and other

unforeseen risks, you desire to use the Pool Facilities despite these risks and agree to assume the risk of injury or

damage resulting from the use of the Pool Facilities and agree to release and indemnify the Downtime Vacation

Rentals Parties as set forth in the paragraphs below.

You hereby release, waive, discharge and covenant not to sue or bring any claim against, and agree to indemnify and

hold harmless, the Downtime Vacation Rentals Parties for any liability, claim and/or cause of action arising out of or

related to any loss, damage or injury, including death, that may be sustained by you or the members of your household

related to, arising out of or incident to the use of the Pool Facilities or Pool Facilities’ equipment, whether or not

caused by any Downtime Vacation Rentals Parties’ negligent act or omission.

You have adequate insurance to cover any injury or damage that you or the members of your household may cause or

suffer while using the Pool Facilities or sufficient assets to self-insure the costs of any such injury or damage. Your

insurance coverage, whether liability, casualty, personal or health, shall be the primary coverage in the event of any loss, injury, death or damage to persons or property while using the Pool Facilities.