Terms and conditions

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.

1.) Trip Insurance: Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection.

2.) Vacation Rental Damage Protection: You may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $1,500. Any damages that exceed $1,500. or are not covered under the plan will be charged to the credit card on file. A Security Deposit may be required if the Damage Protection is not purchased. The Vacation Rental Damage Protection plan can be purchased up to, and including at, check-in. We strongly recommend you purchase this valuable protection.

3.) Payment Terms: A. For reservations made greater than 60 days out from arrival date, a reservation deposit of one-half of the reservation total plus the Travel Insurance is required. The balance payment is then due no later than 30 days from arrival. B. For reservations made less than 30 days prior to check in date, we require full payment upfront by credit card. Credit card payments MUST be placed on a card held in the same name as the responsible party. For all reservations, you will receive an email confirming receipt of the reservation deposit. A second email will be sent out one week prior to your balance due date reminding you of your balance due. Acceptance of the terms and conditions is approval of the automatic charge of the final payment to the card used for the initial reservation 30 days prior to arrival.

4.) Entry / Access: One week prior to your arrival date, we will email and or text you information on how to receive the check in instructions. The check in info will contain directions to the property, parking instructions, and instructions for entry. Our properties have electronic door locks or lockboxes that require entry codes. We will provide the door code THE WEEK OF ARRIVAL.

5.) Check-In Procedures: Check-In is 4:00 PM. As we are busy cleaning, inspecting, and restocking the property, we ask that you do not arrive before 4:00PM Upon arrival, please take a moment to look around the property. If you notice anything that requires attention; standing water, A/C not operating, broken items, etc., please contact us as soon as possible.

6.) Check-Out Procedures: Check-Out time is no later than 10:00 AM (STRICTLY ENFORCED). Property not vacated by 10:00 AM without prior written authorization, will result in a charge of $250. As we must clean, inspect and restock the property, we cannot allow exceptions. We ask that you put dirty dishes in the dishwasher and run the cycle, remove all personal items including food and place all trash in the outside receptacle. Please leave the pillows, bedspreads, and blankets on the bed.

7.) Keys, Parking Passes, Garage Door Openers, and Pool Access: Please place all keys, parking passes, garage door openers, and pool access passes/keys (as provided) on the kitchen counter upon check out. There is a $10. lost key fee. There is a $50. lost pool access pass/key. There is a $50. lost garage door opener fee.

8.) Equipment & Services: All properties are equipped with ranges, refrigerators, furniture, cooking utensils, dishes, flatware, glassware, cable TV, free internet access (Wi-Fi), air conditioning, washer and dryer, pillows, blankets, and bedspreads. SOME are equipped with a telephone which is available for local calls only. Some are equipped with an elevator. We make every effort to keep all equipment and appliances in good working order, but sometimes failures occur. WE DO NOT PROVIDE REFUNDS due to equipment failures; however, we will make every effort to repair any and all failures as quickly as possible.

9.) Linens: We provide the bedsheets, bath towels, pillows, bed spreads, and blankets for each reservation. All items/products lost or damaged beyond repair will be charged to the renter at regular replacement cost.

11.) Occupancy: We maintain a family atmosphere to assure maximum enjoyment for all of our guests. We rent only to family groups and responsible adults over the age of 21. You must be at least 21 years old to rent one of our properties. The occupancy of each rental unit is designated for each property as Max Occupancy. Only children who sleep in cribs are not counted in total occupancy. Any use of the premises for purposes other than vacations must be addressed at the time of reservation. We do not allow weddings, events, or family reunions at our properties.

12.) Cancellations: 100% refund of the amount paid if cancelled at least 30 days before check in If cancelled between 14-30 days before check in, the refund will be 50%.

13.) Pets: Some properties are dog-friendly and allow up to two small to medium size, well-behaved dogs. Please be courteous of your neighbors. Excessive barking can be cause for eviction. We ask that you please bring your own plastic bags and pick up after your pet. Carolina Beach and Kure Beach have rules for dogs on the beach. If a pet is found in or on any property that does not allow pets, there will be an extermination fee of $300. plus tax as well as mandatory immediate removal of the pet. In addition, guests/renters will be asked to vacate the premises for breach of rental/lease contract. We do not allow any other pets except certified service dogs.

14.) Lost & Found: Embark Property Group LLC will not be responsible for any personal items left in or around units. There will be a $50 service charge plus shipping and handling if you request items to be forwarded to you. Items not claimed within 30 days will be discarded.

15.) Grilling: Local fire ordinances prohibit the use of outdoor grills on decks, porches, balconies, etc., of condominiums and townhouses. Some communities have designated areas and provide grills.

16.) Flooding: Properties may experience some flooding, mostly during high tide/full moon, and king tides. We are not responsible for damage to your personal property, car, etc. due to flooding.

18.) Parking: Each property has a designated number of parking spaces provided. Vehicles in excess of the designated number of spaces will be subject to towing at the vehicle owner's expense. Boats, trailers, and RV’s are not allowed.

20.) Beach Nourishment: Approximately every three years, the beaches are re-nourished with sand. The schedule of when and where this process will be done is an approximation made by the Towns of Carolina Beach and Kure Beach and is weather dependent. We do not offer refunds for re-nourishment being done in front of or near a property rented.

22.) Substitution: Embark Property Group LLC reserves the right to substitute accommodations if circumstances require. Circumstances include, but are not limited to, acts of Nature or other accidents that render a property uninhabitable. In the event that a property becomes unavailable, we will try to contact the Tenant to offer alternative properties or a full refund.

23.) 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 the Agreement (including any addendum hereto) that according to its terms 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.

24.) Smoking / Vaping: ALL of our properties are NON-SMOKING properties. You may not smoke or vape inside any of the properties or on the decks or balconies. There is no smoking in any pool area. If any evidence/sign of smoking is found inside or on the deck/balcony of a property, there will be a $250. charge for clean-up and air restoration charge. It will also result in immediate eviction.

25.) Pools: If the property you have rented advertises the use of a pool or spa, the tenant is responsible for their own safety. Embark Property Group does not manage the pool/spa and therefore is not responsible for scheduled downtime. The HOA for each property determines pool hours as to when it is open for the season. Most pools/spas are open from Memorial Weekend to Labor Day. Pool gates may have a pool key or pool code which will be provided with the check in info. Please follow all posted rules and regulations.

26.) Waiver of liability for supplies of recreational equipment: Guest will accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf cart, bicycles, kayaks, docks, boats, paddleboards or other floating devices, game or sports equipment, if provided at your rental property. Guest agrees to waive any claim whatsoever against Embark Property Group LLC for accidents, or claims arising from the use of the above recreational equipment. Guest will be charged to replace any missing or damaged items upon check out and property inspection.

27.) Liability: The Tenant and their guests should be aware that the accommodation is a privately owned dwelling with appliances and furnishings belonging to the Property Owner. Neither the Agent nor the Property Owner are responsible for providing extra furnishings or equipment. In case the air conditioning system or any other appliances stop working, the Agent will take the necessary steps to have them serviced. However, the Agent cannot guarantee the time required to complete the repairs.

a. The Tenant and any guests they have HEREBY ACKNOWLEDGE THAT THEY WAIVE ANY LIABILITY AND ASSUME ANY RISKS THAT MAY BE INVOLVED IN USING THE SPECIAL FEATURES OF THE PROPERTY, including but not limited to hot tubs, whirlpools, saunas, indoor/outdoor pools, sliding cabinets and doors, rooftop and side decks, spiral stairs, and elevators. The Tenant and their guests understand that unique risks are associated with these special features. They acknowledge that these special features may present danger to children who are not adequately supervised and that any person using the special features for too long a time, has health problems, is intoxicated, using any drugs or medication, or is pregnant may also be at risk. The Tenant agrees to inform their guests of the potential risks of using the special features and take full responsibility for any accidents that their guests may experience. The Tenant and their guests agree to waive any claims against the property owner or agent for any accidents or claims arising from using the special features. The Tenant and their guests also agree to indemnify the property owner and agent for any claims made by the Tenant's guests arising from using the special features. Additionally, the Tenant and their guests understand that they are responsible and liable for any damages to the special features and support equipment through their misuse and negligence. For example, if they damage sliding cabinets and doors, the hot tub cover and pool liner, or allow the water level to become too low or cause water overflow inside the unit, they must pay the Agent upon request to repair or replace damaged items.

b. Internet: The internet services provided herein are for authorized purposes only. Users are expected to use these resources responsibly, ethically, and in compliance with all applicable laws and regulations. The Tenant, and their guests, are responsible for all internet activity, where applicable, and agree that no illegal copyrighted materials may be downloaded. The Tenant, and their guests, understand that no refunds will be given for Internet connectivity issues or lack of service. The Tenant, and their guests, cannot upgrade any utility services or order movies on the Property Owner's account. Any charges associated with such transactions will be billed to the Tenant, and their credit card will be charged.

i. TENANT, AND THEIR GUESTS, ACKNOWLEDGES WAIVER OF LIABILITY. Tenant, and their guests, agree to indemnify and save harmless the Property Owner and Embark Property Group LLC and its agents, employees, representatives, and affiliates from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to the presence, operation, or use of the Internet at the vacation rental property. In no event shall the Agent or Property Owner be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the internet services, including but not limited to damages for loss of profits, data, or other intangible losses.

ii. Unauthorized access to or use of the internet services, including but not limited to attempts to gain unauthorized access, tampering with system configurations, or misuse of network resources, is strictly prohibited and may result in disciplinary action, including termination of access, legal action, or both.

c. Security Cameras: Tenants, and their guests, understand that security cameras are installed and operational in various EXTERIOR areas of the vacation rental property, including but not limited to common areas, and exterior spaces. NOTE: THERE ARE NO CAMERAS INSIDE THE PROPERTY. The Tenant, and their guests, understand and acknowledge that these security cameras are solely for the protection of the property and its occupants and to monitor for security and safety purposes. With the understanding and acknowledgement, the Tenant, and their guests, consent to be recorded by these security cameras during their stay at the vacation rental property. the Tenant, and their guests understand that the footage recorded by the security cameras is for security purposes only and will be treated with Confidentiality by the service provider (e.g., Ring, Google NEST, Spectrum, etc.).

i. TENANT, AND THEIR GUESTS, ACKNOWLEDGES WAIVER OF LIABILITY. Tenant, and their guests, agree to indemnify and save harmless the Property Owner and Embark Property Group LLC and its agents, employees, representatives, and affiliates from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to the presence, operation, or use of the security cameras at the vacation rental property. This Release of Liability shall be governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of law principles.

ii. INDEMNIFICATION AND HOLD HARMLESS. Tenant, and their guests, agree to indemnify and save harmless the Property Owner and Agent for any injuries, liabilities, theft, damages cost, or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Tenant, and their guests, use and occupancy of the Premises and its amenities.

iii. Any misuse of the cameras may result in the need for professional servicing, which costs a minimum of $300.00 for a single service call. If such a service is required due to any damage caused, the cost will be deducted from the security deposit.

28.) Property Disposition and Furnishings: Tenant, and their guests, understand that each home's condition and furnishings will vary according to the Property Owner's taste. All properties or units are equipped for housekeeping with dishes, cookware, silverware and glasses. Locked and restricted areas, such as the Property Owner's personal storage areas and golf cart, are exempt from this Lease and are off-limits to the Tenant. Entry into these areas or use of the golf cart is prohibited and can result in charges to the Tenant.

Embark Property Group LLC will not be responsible for any accidents occurring on or because of rental property. D. Every effort has been made to ensure the accuracy of all information provided. Embark Property Group LLC. will not be responsible for errors in information and reserves the right to make any necessary changes. E. All rates, descriptions, and availability, are subject to change without notice. F. All rentals are privately owned and decorated by their owners. There are no refunds because of tenant dissatisfaction with unit furnishings, any equipment malfunction or for errors in the advertisement for the property.

I certify that I agree to abide by the rules and policies herein, as well as those pertaining to the property I am renting. Failure to adhere to the rules and policies may result in forfeiture of my deposit and/or denial of occupancy without refund. I authorize the use of my credit card for any damages incurred during my tenancy.

BY SIGNING THIS RENTAL AGREEMENT, YOU HAVE ACCEPTED AND AGREED TO ALL TERMS IN THIS AGREEMENT

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