YOUR CREDIT/DEBIT CARD IS NOT AUTOMATICALLY CHARGED. ACH TRANSFERS WILL NOT AUTOMATICALLY BE PROCESSED. ALL RESERVATIONS WILL BE CONFIRMED AND CHARGES WILL THEN BE PROCESSED.
PAYMENTS MADE WITH A CREDIT/DEBIT CARD ARE SUBJECT TO A 3% FEE. ACH TRANSFERS ARE SUBJECT TO A $3 FEE. THE FEES ARE NON-REFUNDABLE
1. Definitions – Unless the context requires otherwise, the terms used in this Agreement shall have the following meanings: i) “BAREFOOT” refers to Barefoot Real Estate, LLC as Real Estate Broker; ii) “GUEST” refers to the undersigned principal occupant and their invitees residing at PROPERTY during the indicated rental period; iii) “OWNER” refers to the owner of the subject property.
2. Agency Disclosure – It is distinctly understood and agreed that BAREFOOT and its agents are acting as Rental agent only and shall not in any event be held liable to the OWNER or GUEST for the fulfillment or non-fulfillment of any of the terms of this lease including but not limited to any claims, damages or costs relating to any alleged defects/problems with the subject property. BAREFOOT nor its agents shall be liable to GUESTS, their invitees/visitors or OWNER for any condition of the subject Property.
3. Damage/Cleaning Deposit – Payment for Damage/Cleaning (Security) Deposit can not be made by Credit or Debit Card. It must be made by check, ACH, money order or cash. Monies will be held in Barefoot Real Estate, LLC Trust Account at TD Bank, Pt Pleasant Beach, NJ and will be returned within 30 days from the date your rental ends upon satisfactory inspection by OWNER. OWNER may deduct any cost resulting from the GUEST’S failure to comply with any agreement in this lease. OWNER has 30 days from lease expiration to send written notification to BAREFOOT itemizing charges claimed from the deposit. GUEST may not use this security for payment of rent. GUEST will be responsible for all damages to personal or real property of the OWNER. GUEST shall return rental property in as good condition as it is received. OWNER may assess a fine for any garbage or recyclables that GUEST fails to dispose of prior to vacating. Recycling is mandated by the State of New Jersey.
4. Damages – Please report any damages upon arrival by emailing your agent at BAREFOOT. Also, please report any damage or breakage upon occurrence so the matter can be settled prior to GUEST‘s departure. Inspection crews carefully check properties and GUEST will be held responsible for damage beyond normal wear and tear. Any damages exceeding the amount paid for security deposit will be charged or billed to GUEST. If the excess damages are billed and not paid in full within 30 days, GUEST acknowledges that a debt action may be filed in a New Jersey Court.
5. Inspection – If GUEST has not inspected PROPERTY, they waive the right to withhold rent for any alleged deficiency or otherwise claim that PROPERTY has been misrepresented. The Subject Property is being rented strictly AS IS. BAREFOOT/OWNER is not responsible for condition of surrounding properties, noise, nuisances of any kind, construction or nearby occupants of nearby properties.
6. Fees – All reservations are subject to the following: a non-refundable processing fee and a refundable Security Deposit as specified in this Agreement’s detail of charges; there is no rental tax. Electronic payments are subject to fees outlined above, which are also non-refundable. There is a $50 fee for any returned check.
7. Payment Policy – A deposit plus the processing fee is due within 7 days of making the reservation. GUEST shall pay all rents as specified herein. However, any outstanding balance is due no later than 30 days prior to the arrival date. Visa, MasterCard, Discover, American Express and checks are acceptable forms of payment for rent/other fees. Security/Damage Deposit can not be paid by credit card. For last minute rentals, if payment is made within 14 days of check in, payment must be in cash, money order or cashier’s check. In cases of payment by check/money order, all funds shall be made payable to Barefoot Real Estate, LLC. Please notate the reservation number on all checks. Reservations that are not paid in full by the final payment date are subject to cancellation and forfeiture of all advance payments.
8. Essentials – GUEST must furnish bedding, towels, trash bags, detergents, soaps and household paper products. Bedding, towels, as well as many other items, are available to rent from 3rd party services during your stay with delivery/retrieval directly to/from the rental property. Please contact your rental agent for further details. OWNER is not responsible for propane tank refills.
9. Check–Out Time – Check–out time is no later than 10:00 am. GUEST agrees to surrender possession of PROPERTY no later than 10:00 am on the date this confirmation terminates. A late check-out may be subject to additional charges.
10. Responsibilities – Upon check–out, GUEST shall surrender the subject Property in good, clean condition. Departure responsibilities include the following: remove all personal belongings, cleaning & storing all dishes, flatware, pots & pans; disposing of all trash and recyclables in proper containers; emptying refrigerator and pantry of items brought in by GUEST; locking all doors and windows; returning keys, beach badges and parking permits to the same location GUEST received them. Failure to comply with these responsibilities may result in additional charges being assessed to the GUEST. Daily cleaning is not included.
11. Cleaning – GUEST acknowledges & agrees that BAREFOOT and their vendors, for the purpose of clean-up or repairs may enter the premises at 10:00 am on the date this confirmation terminates.
12. Certificate of Occupancy and Rental License – OWNER is responsible for obtaining rental certificate of occupancy. OWNER agrees to have all appliances in good working order. In the event of a failure of any major appliance, the OWNER will make every effort to make repairs within a reasonable time period. Rental comes furnished/equipped by OWNER “AS IS”.
13. Occupancy – GUEST may not assign or sublet the premises in whole or in part; occupancy is limited to per CO persons (including children), the maximum number of people allowed, residents and/or guests included, to occupy the premises as limited by Municipal Ordinance. GUEST will observe “Quiet Hours: 10:00 PM to 8:00 AM and agrees there will be no loud parties or disorderly conduct, or OWNER may void this lease, GUEST(S) shall vacate immediately. GUEST shall be responsible for any fines, penalties and legal costs of the Landlord incurred by the OWNER as a result of any such violations by the GUEST (Animal House Ordinance). GUEST takes possession of the subject Property as a private residence only and shall not allow same to be utilized for any business, professional or unlawful purposes. No alterations of the subject Property are permitted whatsoever and no minors shall occupy the subject Property absent an adult present. GUEST is strictly a seasonal or transient guest and the provisions of the New Jersey Anti-Eviction Act do not apply to the subject rental.
14. Pet Policy – Unless specifically indicated, no pets are permitted. When permitted, an additional pet cleaning fee may be collected. An actual pet stay is only permitted if you, the GUEST, notify BAREFOOT in advance of your Check-in that you intend to bring the pet(s); and OWNER approves the pet stay. If GUEST does not obtain prior approval, or if pets are not otherwise permitted at the Property, and BAREFOOT/OWNER finds evidence that a pet has been at the Property, BAREFOOT/OWNER will charge a penalty fee of up to $500 for the violation; require immediate removal of the pet(s); and/or evict GUEST from the PROPERTY with the forfeiture of all rental payments. GUEST is also financially responsible for any damage or injury to others caused by the pet(s). Violation of this policy could result in termination of this agreement, including eviction from the property and forfeiture of all monies paid. GUEST is responsible for any damages and additional cleaning charges
15. Smoking/Vaping Policy – ALL RENTAL PROPERTIES ARE NON-SMOKING AND NON-VAPING INCLUDING BALCONIES & PORCHES. Violation of this policy could result in termination of this agreement, including eviction from the property and forfeiture of all monies paid. GUEST is responsible for any damages and additional cleaning charges.
16. Agents Right of Entry – In case of emergency, BAREFOOT may enter the residence at any time and without notice. The OWNER or his agent(s) may enter the rental premises at any reasonable hour in the daytime to make inspections for repairs and (with notice) to show the property for sale or rent to prospects.
17. Insurance of Guest Belongings & Indemnification – GUEST hereby agrees to indemnify and hold harmless BAREFOOT and its agents for injuries or other losses to GUEST and other persons and possessions that may occur in connection with GUEST‘s use of the property. GUEST further agrees that, BAREFOOT and its agents have no obligation to accept for safekeeping any monies, securities, jewelry or other articles of personal property belonging to the GUEST, nor is BAREFOOT or OWNER liable for any loss in connection with any such items, or for providing security for the property. The GUEST has the full and absolute responsibility for securing protection against loss by fire, theft or any other cause. GUEST is further responsible for removing all personal belongings at check-out and BAREFOOT and its agents, and OWNER are not responsible for GUEST’S belongings left behind.
18. Repairs – BAREFOOT and its agents will cooperate in forwarding any complaint or concern of GUEST to OWNER, but shall not be obligated to correct any condition or hazard associated with the property. However, BAREFOOT shall not be responsible for any maintenance or repairs to the subject Property. OWNER and GUEST are solely responsible for same.
19. Liability – BAREFOOT has made no inspection of the rental premises and makes no representation or warranty, expressed or implied as to the safety or suitability of the rental premises or any part of the rental property. The OWNER and GUEST agree to hold harmless and indemnify BAREFOOT against any claim brought against BAREFOOT for accidental bodily injury sustained at the premises. This indemnification shall include any judgment against the Broker and any legal expenses in connection with the Broker’s defense against the Claimant, the term “Broker” means the listing Broker, the renting Broker, and any sales personnel or employees of BAREFOOT.
20. Terms, Conditions, Covenants, Provisions – The terms, conditions, covenants and provisions of this lease shall be deemed to be severable. If any clause or provision contained herein should be judged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, that clause shall not affect the validity of any other clause or provision herein, but such other clauses or provisions shall remain in full force and effect.
21. Pools & Hot Tubs – GUEST acknowledges that the property may include one or more of the following: hot tub, jacuzzi, sauna or swimming pool; hereafter referred to as “SPA” and that OWNER has granted guests the right to use said SPA. GUEST agrees to operate and use the space at their own risk. GUEST acknowledges that they are aware of potential health risks involved in the use of said SPA including death and bodily injury. GUEST agrees to indemnify OWNER and BAREFOOT against all claims, damages, demands, causes of actions, suits, attorney fees or judgments. NO portable POOLS ALLOWED other than the pools provided by OWNER.
22. Parking – Parking only in designated space. NO PARKING ALLOWED ON FRONT LAWNS. House trailers, recreational vehicles and boats shall not be parked on the PROPERTY. GUEST shall comply with all municipal parking ordinances and regulations. BAREFOOT or OWNER shall not be held liable for for parking tickets or towing expenses. All GUEST vehicles shall be removed at check-out and if they remain GUEST shall be subject to possible ticketing or impound/towing.
23. Furniture – GUEST will not place interior house furniture outside premises. Any furniture moved within the house must be returned to its original position.
24. Property Rules -If applicable, this agreement is subject to the approval, rules & regulations of the subject property’s OWNER, association and/or municipality ordinance/regulation. GUEST agrees to all association and/or municipality rules & regulations and to pay any fines assessed for violations during GUEST‘s stay.
25. Construction -Neither BAREFOOT nor OWNER shall be held liable nor any refunds given for inconveniences or disturbances created by construction in adjacent, nearby or surrounding areas to the property.
26. Waiver of Terms -No waiver or any breach of the terms in this agreement shall be permitted.
27. Accuracy of Listing – BAREFOOT makes every effort to provide accurate information about the Property including, but not limited to, the information presented on the given website, and the information presented on this Property is believed to be both accurate and timely. That said, the accuracy of that information is not guaranteed and BAREFOOT may not be held responsible, nor any refunds given, for unintentional misrepresentations, or incidental changes the OWNER may make to such things as the décor, bedding, furnishings and equipment. Nor shall BAREFOOT be liable for unintentional errors, omissions, or changes in the advertisement of bedrooms and occupancy.
28. Penalties – If tenant fails to perform any of terms or conditions this lease or any municipal regulations such as, but not limited to, occupancy limits, parking infractions and noise complaints, GUEST shall be subject to immediate removal from the property with no refund of rents paid. GUEST shall be responsible for any fines, penalties and legal costs of the OWNER arising out of GUEST’S use and occupancy. GUEST shall also remiain liable for any damages to BAREFOOT
29. Commission – It is understood and agreed that the OWNER will pay BAREFOOT as the agent a 10% commission as specified in the rental listing agreement between the OWNER and BAREFOOT on the total rents paid. Should there be a renewal of this lease or a re-renting of the premises between the OWNER and GUEST within one calendar year without agency representation, the rental shall be considered as having been affected by and through BAREFOOT and the agreed commission shall be payable to BAREFOOT.
30. Governing Law & Venue: GUEST agrees that the Rental Agreement is and will be governed by the laws of the state in which the subject Property is located. GUEST further agrees that should any legal action, suit, or proceeding be initiated by any party to the Rental Agreement or the subject Property, such action shall be brought in the courts of the state of New Jersey and all parties consent to the jurisdiction of such courts as to all such actions.
31. Entire Agreement – This Agreement hereto contains the final and entire Agreement between the parties and may not be modified or changed except by written agreement signed by the party against whom enforcement of any waiver, modification, extension, or discharge is sought. GUEST cannot assign or transfer this Agreement.
32. False Information – Any reservation obtained under false pretense will be subject to forfeiture of all payments made and the party will not be permitted to Check-in.
CANCELLATION POLICY – GUEST SHALL MAKE A WRITTEN REQUEST FOR CANCELLATION OF THIS LEASE THROUGH BAREFOOT IN WRITING TO THEIR AGENT’S EMAIL ADDRESS. THE LEASE SHALL TERMINATE ONLY AFTER PROPERTY IS RE-RENTED FOR SAME DATES OR THE OWNER AGREES IN WRITING TO RELEASE GUEST FROM THE AGREEMENT. IN ALL CASES, GUEST’S FORFEITURE IS 10% OF GROSS RENT AMOUNT, AND IF APPLICABLE ANY DIFFERENCE BETWEEN ORIGINAL RENT AMOUNT AND REPLACEMENT RENT AMOUNT. IN ALL CASES, RENTAL FEE & CREDIT CARD/ACH FEES ARE NON-REFUNDABLE. IF GUEST CANCELS AND PROPERTY IS NOT RE-RENTED, GUEST FORFEITS ALL MONIES PAID.