SHORT TERM RENTAL LICENSE AGREEMENT MINIMUM RENTAL AGE Renter must be at least 26 years old with valid driver’s license and all members of the rental party must be either 26 years of age or older, or traveling as part of a family with at least one member of the party 26 years of age or older. Pointe West Vacation.com, LLC is authorized to verify age at check-in or at any time during stay. The qualifying person renting the property is responsible for the conduct of all guests and other occupants, and that person must occupy the property for the full term of the reservation. Underage renters will not be given access to unit or will be required to leave without refund if this requirement is not met. This contract is an agreement between the Renter and Pointe West Vacation.com, LLC who is acting as the owner’s representative for referenced rental property. All policies set forth in this agreement go into effect at the time of booking. Entrance into our property at check-in constitutes full acceptance of this agreement between Owner or Owners Representative and the Renter. Payments: • 50% of total balance to reserve rental dates • Remaining 50% of balance due 35 days before stay. Welcome email letter or text message with arrival information will be sent as arrival date approaches. Maximum Number of Overnight Occupants: The maximum number of people that may occupy the private dwelling is indicated in the listing description. The number applies to all overnight guests, visitors, and children. Pointe West Vacation makes every effort to keep a quiet atmosphere for our guests and others in the community where we manage property. We will only rent to responsible adults over the age of 26. Any events such as weddings, receptions, family reunions, birthdays, prom gatherings, fraternity or sorority parties and graduation parties are not allowed at any time. Adults cannot rent properties on behalf of underage guests, no exceptions- this is ground for evictions and forfeiture of all monies. The occupancy limit must not be exceeded at any time day or night – this is grounds for eviction. AGREEMENT In consideration of the payment of Rent (as defined below) and the performance of the promises, covenants and agreements set forth herein, POINTE WEST VACATION.COM, LLC grants Renter a license to use and occupy the Premises for the Term (as defined below). • Term. Owner licenses the Premises to Renter from 4:00 p.m. CST on the move in date and depart by 10:00 am on the move out date (the “Term”), unless sooner terminated pursuant to the terms of this Agreement. Upon the expiration or earlier termination of this Agreement, the license granted hereunder shall automatically terminate. • Rent. Renter shall make the payments in the amounts and by the dates provided in the Summary above (the “Rent”). This Agreement shall not be binding until POINTE WEST VACATION.COM, LLC receives a copy of this Agreement signed by Renter (or by clicking “agree” on the POINTE WEST VACATION.COM, LLC or any 3rd party booking channel websites such as VRBO, Air BnB, Booking.com, etc…) and 50% of the Total Amount Due on or before the date provided in the Summary. The per night Rental Rate can change at any time and for any reason until this Agreement is binding as provided herein. POINTE WEST VACATION.COM, LLC may terminate this Agreement if the Remaining Balance of 50% of the Total Amount Due is not received on or before the date provided in the Summary. • Security Deposit. POINTE WEST VACATION.COM, LLC may apply part or all of the Security Deposit to Damages (as defined below) or telephone or any other charges, fees or amounts due from Renter. The Security Deposit shall be returned to Renter, with a written description of the amounts and reasons for any portion retained, within forty-five (45) days after the expiration or earlier termination of this Agreement. If the amounts due from Renter under this Section exceed the Security Deposit, POINTE WEST VACATION.COM, LLC may invoice Renter for such amounts, such invoice payable immediately upon receipt. • Acceptance of Premises. The Premises shall be in “maid clean” condition upon arrival. Renter may inspect the Premises and notify POINTE WEST VACATION.COM, LLC within twelve (12) hours after the start of the Term of any damages or items that are in need of repair or maintenance that Renter believes to exist on the Premises and could be mistaken for Damages caused by Renter; provided, however, that except for items of which notice are given as provided under this Section, Renter agrees that as of the start of the Term, the Premises and all items thereon are in good, habitable and clean condition, working order and repair. • Use of Premises. The Premises shall be used only as a private dwelling and for no other purpose. No more than TEN (10) people may be on the Premises at any time for two (2) and three (3) bedroom properties & no more than SEVENTEEN (17) for five (5) and six (6) bedroom properties. Renter shall not allow the Premises to be used in any way that would violate any applicable law, ordinance, covenant, condition, restriction, rule, or regulation, including, but not limited to, disorderly or unlawful conduct, excessive noise or any other nuisance. No fixture or property may be installed or attached to the Premises and no alteration may be made to the Premises without the prior written consent of POINTE WEST VACATION.COM, LLC. No maid services shall be provided during the Term. • Cancellation. If Renter notifies POINTE WEST VACATION.COM, LLC in writing prior to the start of the Term that Renter is terminating this Agreement (“Cancels”), POINTE WEST VACATION.COM, LLC shall refund to Renter any Rent Received on a percentage basis depending on the number of days before the start of the Term that Renter Cancels as follows: Cancellations 30 or More Days Before Date of Arrival : A full refund will be issued less a $100.00 service fee and Travel Insurance premium, if taken. Cancellations Fewer Than 30 Days Before Date of Arrival : No refunds if cancelled fewer than 30 days before date of arrival. Sorry, but POINTE WEST VACATION.COM, LLC is not able to transfer your reservation to an alternative date. If you purchased Travel Insurance, be sure to call Red Sky Travel Insurance to see if your cancellation is covered (1.866.889.7409) or go to www.suntrippreserver.com. POINTE WEST VACATION.COM, LLC shall refund any amounts due hereunder within 30 days after Renter Cancels. NO REFUND of any amount shall be given if Renter terminates this Agreement for any reason, including, but not limited to, inclement weather or travel conditions, after the Term begins. • Smoking. Smoking is not permitted on the Premises. Renter acknowledges and agrees that if Renter allows smoking on the Premises, it will cause irreparable damage to the Premises, which would be difficult to calculate, and, in such event, Renter agrees to pay POINTE WEST VACATION.COM, LLC liquidated damages in the amount of $500.00, as a reasonable estimate of the damages, in addition to any and all actual damages. Disregarding certain policies will result in additional charges, which will be processed via the credit card on file or deducted from the security deposit. Violations resulting in additional charges include but are not limited to the following: Bringing a pet into a Pet-Friendly Rental without a Pet Rider and paying the PET FEE in advance will result in a $350 fine. Bringing a pet into a non-pet friendly rental will result in a $500 (minimum) fine, not including costs of damage, additional cleaning, etc. Exceeding the maximum occupancy stated on the lease will result in a charge of $300 per person. Late check outs will result in $250 fee. Failing to follow checkout procedures, remove garbage or start dishwasher on departure day will result in a $75 fine. *Pointe West Vacation.com, LLC reserves the right to pursue legal actions to reclaim damage fees in excess of $500 VIOLATION OF ANY OF THE ABOVE POLICIES: Many of the above policies are designed to comply with local laws, ordinances, association by laws or other compliance requirements which owners are subject to. Others are designed to protect the rights of owners and guests. By confirming this reservation, guest agrees to abide by these policies. Guests who violate the above policies are subject to eviction and forfeiture of all payments. • Maintenance and Repairs. Renter shall promptly notify POINTE WEST VACATION.COM, LLC of damages or items that require repair or maintenance. POINTE WEST VACATION.COM, LLC shall make best efforts to undertake any required repairs or maintenance within a reasonable time. There shall be no refunds of rent due to issues over which POINTE WEST VACATION.COM, LLC has no control, including, but not limited to, the breakdown of appliances, air conditioning and the heating systems, pools, pool heaters, hot tubs, televisions, vcr’s, dvd players and elevators so long as they do not render the premises uninhabitable. NO REFUNDS OR RATE ADJUSTMENTS WILL BE MADE FOR MECHANICAL FAILURES OR FALSE FIRE ALARMS. • Damages. Renter shall be responsible for any damages to the Premises caused by Renter or its guests during the Term, including any damage or loss of any furniture, fixtures, furnishings, or other property located thereon (“Damages”). Renter shall immediately notify POINTE WEST VACATION.COM, LLC of any Damages. Damage Waiver Fee. Guest shall otherwise be responsible for maintaining and returning said furnishings and property to POINTE WEST VACATION.COM, LLC at the end of the Agreement in the same condition it was in upon occupancy, excluding only normal wear and tear. Guest shall immediately notify POINTE WEST VACATION.COM, LLC upon occupancy if any of the furnishings or property is missing or damaged or guest will be held responsible for damage. If your rental includes the Damage Waiver Fee, you will not be responsible for accidental damages that are the result of inadvertent or unintentional damage to the interior of the rental property up to $1000, provided they are reported to management prior to check-out. Guest is responsible for any expense in excess of $1000. THE DAMAGE WAIVER IS NOT TRAVEL INSURANCE, nor does it cover damages deemed by owner/manager as intentional, non accidental or as a result of negligence/carelessness are by any occupant or guest of occupants staying in property. By accepting this rental, you authorize POINTE WEST VACATION.COM, LLC to charge the credit card on file for any costs relating to damages that are not covered by the Damage Waiver and non-reported accidental damages, or any amounts in excess of $1000 for damages that are covered by the Damage Waiver. POINTE WEST VACATION.COM, LLC also reserves the right to pursue legal actions to reclaim non-accidental and/or unreported damage expenses, and for any additional damage fees that exceed $1000. Certain terms and conditions apply. • Return of Premises. Upon the expiration or earlier termination of this Agreement, Renter shall immediately vacate the Premises (“Vacate”) and return all keys to on-site lockbox. Renter shall leave the Premises in as good condition as when Renter first entered the Premises. If Renter fails to Vacate, in addition to all other rights and remedies of Owner hereunder and as provided by law, Renter shall (i) be liable to Owner for any and all damages Owner suffers by reason thereof, (ii) indemnify Owner from and against all claims made by any succeeding occupant of the Premises against Owner founded upon delay in Vacating, and (iii) pay to Owner an amount equal to three (3) times the Rental Rate for each day or any part thereof that Renter fails to Vacate without the express written consent of Owner. PETS (No cats allowed) Dogs are permitted in rental units only with prior approval. $125 per visit fee applies. All pets must be leashed at all times. Pet owners are responsible for cleaning up any/all pet refuse. Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur extra cleaning fees. All pets must be up-to-date on rabies vaccinations and all other vaccinations. Heartworm prevention is highly recommended. All pets are to be treated with Advantage or similar topical flea and tick repellent three (3) days prior to arrival. Fleas and ticks can cause harmful/fatal illness to humans and pets. All items above are the sole responsibility of the pet owner. The condo owners assume no responsibility for illness or injury that humans or pets may incur while on the premises. Swimming Pool Use – Assumption of Risk, Release, and Indemnification Swimming Pool – Use at Your Own Risk Guest acknowledges that some of the properties includes a swimming pool and related deck areas (the “Pool Area”). Guest understands and agrees that use of the Pool Area involves inherent and significant risks of injury, drowning, illness, or death, including but not limited to risks associated with slipping, diving, running, wet surfaces, defective equipment, depth variations, drains, weather conditions, and the actions or inactions of other persons. No Lifeguard / Supervision Guest acknowledges that there is no lifeguard on duty and that neither Owner nor Property Manager provides supervision of the Pool Area. Guest agrees that all persons using the Pool Area do so at their own risk. Assumption of Risk Guest, on behalf of Guest and all occupants, invitees, children, and visitors (collectively, the “Occupants”), knowingly and voluntarily assumes all risks associated with the use of the Pool Area, whether such risks are known or unknown, foreseeable or unforeseeable. Release and Waiver of Liability To the fullest extent permitted by law, Guest hereby releases, waives, discharges, and covenants not to sue the Owner, Property Manager, and their respective agents, employees, contractors, affiliates, and representatives (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, liabilities, or expenses of any kind arising out of or related to the use of the Pool Area by Guest or Occupants, including but not limited to claims arising from negligence of the Released Parties. Indemnification and Hold Harmless Guest agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from or related to the use of the Pool Area by Guest or Occupants, or from Guest’s failure to supervise minors or comply with posted pool rules. Supervision of Children Guest agrees that minors shall not use the Pool Area without constant adult supervision. Guest accepts full responsibility for supervising all minors and non-swimmers at all times. Compliance with Rules Guest agrees to comply with all posted pool rules and any written or verbal safety instructions provided. Failure to comply may result in immediate termination of pool privileges without refund. No Diving / Running / Glass Guest agrees that no diving, running, rough play, or glass containers are permitted in the Pool Area. Medical Conditions Guest acknowledges that certain medical conditions (including heart conditions, pregnancy, seizure disorders, or intoxication) may increase the risk of injury in or around the pool and agrees that use is voluntary and at Guest’s discretion. Severability If any portion of this provision is found unenforceable, the remaining portions shall remain in full force and effect. Binding Effect This provision is binding upon Guest and all Occupants, heirs, assigns, and representatives. THIS IS A RELEASE OF LIABILITY. GUEST IS GIVING UP IMPORTANT LEGAL RIGHTS. STORM POLICY POINTE WEST VACATION.COM, LLC does not offer refunds in the event of a mandatory hurricane evacuation nor will Pointe West Vacation.com, LLC transfer the reservation to alternative dates in the case of an evacuation – whether voluntary or mandatory. In the event of an ordered evacuation due to hurricanes or other storms, you are required by state law to evacuate the property. If you have declined trip cancellation insurance, you shall not be entitled to a refund by Pointe West Vacation.com, LLC. Refunds for the period of mandatory evacuation will be made solely by Red Sky Travel Insurance, provided the Guest has purchased optional trip cancellation insurance. Refunds and coverage issues will be processed and determined solely by Red Sky Travel Insurance. Refer to the trip cancellation policy or contact Red Sky Travel Insurance directly for specific information and/or refund procedures. If you leave due to “Storm Warnings” or “Voluntary Evacuation,” Pointe West Vacation.com, LLC will not issue refunds. Pointe West Vactation.com, LLC will not issue refunds in part or in full for inclement weather. We strongly recommend that Guests purchase travel insurance for stays occurring during hurricane season. Please visit pointewestvacaction.com for details on the Sun Trip Preserver Plan. The Sun Trip Preserver Plan covers the rental rates and taxes paid for the home you reserved, and it does not cover the insurance premium. If you have questions, please call Red Sky Travel Insurance at 1.866.889.7409, or go to www.suntripprserver.com. • Entry by Owner and POINTE WEST VACATION.COM, LLC. Owner, Manager and their respective employees and agents may enter the Premises at any reasonable time upon reasonable advance oral or written notice to Renter (except in the case of emergencies, in which case the right of entry shall be at any time and without notice) to: (i) inspect the Premises or (ii) make necessary repairs or maintenance. If Renter is not present to permit entry into the Premises, Owner or POINTE WEST VACATION.COM, LLC may enter the Premises by means of a master key. • Casualty. In the event the Premises is damaged by fire or other casualty and it is not fully restored on or prior to the start of the Term, Renter shall have the right to terminate this Agreement, in which case POINTE WEST VACATION.COM, LLC shall promptly refund to Renter all amounts paid under this Agreement. In the event that a fire or other casualty occurs during the Term, which materially interferes with Renter’s use of the Premises, and provided the fire or other casualty was not caused by the negligent or intentional acts or omissions of Renter or its guests, Renter may terminate this Agreement. In such case, the Rent shall be prorated based on the remaining Term, and such amount refunded to Renter. • Default. Renter shall be in default under this Agreement if Renter fails to perform or observe any covenant, agreement, or condition contained herein (“Default”). Upon the occurrence of a default, in addition to any other legal, equitable, or contractual rights and remedies that POINTE WEST VACATION.COM, LLC may have, POINTE WEST VACATION.COM, LLC may immediately terminate this Agreement and all Rent paid hereunder shall be NONREFUNDABLE. • Indemnification and Waiver. Renter understands and agrees that Owner and POINTE WEST VACATION.COM, LLC shall not be liable for any damages or injury to Renter or its guests or their property, from whatever cause, arising from their use and occupancy of the Premises. Renter and its guests agree to indemnify, defend, protect, and hold harmless Owner, POINTE WEST VACATION.COM, LLC, and its managers, members, agents and representatives (collectively, its “Representatives”), from any and all claims, actions, proceedings, damages, liabilities, obligations, losses, costs and expenses, including attorneys’ fees (collectively, “Harm”) incurred in connection with, arising out of, resulting from, or attributable to the use and occupancy of the Premises, including the Common Areas, unless such Harm is directly attributable to the willful misconduct or gross negligence of Owner. To the fullest extent permitted by law, Renter and its guests hereby waive all claims against Owner and its Representatives for any damage to any property or for any injury to any person, including death, resulting from the use and occupancy of the Premises, including the Common Areas, unless such Harm is directly attributable to the willful misconduct or gross negligence of Owner. • This lease is specifically subject to the provisions of the Declaration and all other Governing Documents of the Association; • Any failure of the tenant to comply with the terms of the Declaration and all other Governing Documents shall be deemed to be a default under this lease resulting in termination of the lease and, if necessary, eviction; and • Tenant acknowledges receipt and/or opportunity to review the Declaration, and all other Governing Documents prior to the tenant taking occupancy of the residence. • The condominium instruments can be found at pointewestvacation.com under the guest info tab titled Villas at Pointe West declarations. The Beach Club rules can be found at pointewestbeachclub.com/guests. • Assignment. Renter may not assign or sublicense this Agreement or any of its rights or obligations hereunder without the prior written consent of POINTE WEST VACATION.COM, LLC. • Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which when affixed together shall constitute one and the same agreement. Facsimile signatures shall be deemed original signatures for all purposes. • Entire Agreement; Amendment. This Agreement sets forth the entire agreement of the parties and supersedes all prior written or oral agreements or understandings with respect to the subject matter herein. This Agreement may not be amended or modified except in a writing signed by POINTE WEST VACATION.COM, LLC and Renter. • Nature of Agreement. This Agreement shall not create a lease or any other interest in real property in favor of Renter, but instead only grants a license in accordance with the terms hereof. • Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and delivered by e-mail, facsimile, overnight courier or certified U.S. mail, postage prepaid, return receipt requested to the address below each party’s signature or to such other address as one party may give to the other. Notice shall be deemed given on the date of delivery. • Severability. If any term, covenant, condition, or provision of this Agreement or the application thereof is found at any time or to any extent to be invalid or unenforceable, the remainder of this Agreement, or the application of that term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. • Successors and Assigns. This Agreement is binding on the heirs, personal representatives, successors and assigns of each of the parties. • Governing Law; Venue. This Agreement is entered into in the state of Texas and shall be governed by the laws of Texas. In the event of any dispute arising out of or related to this Agreement, the parties, regardless of their domicile, consent to the exclusive jurisdiction of any Texas state court of competent jurisdiction located in Galveston County, or to any federal district court of competent jurisdiction in the state of Texas, and submit to the jurisdiction and venue of such courts. • Legal Fees. In the event of any litigation arising out of or related to this Agreement, the substantially prevailing party shall be entitled to collect all of its costs and expenses (including reasonable legal fees) of such litigation from the substantially non-prevailing party. • No Waiver. A waiver of any provision of this Agreement on any occasion by any party hereto shall not operate or be construed as a waiver of such provision on any other occasion or as a waiver of any other provision hereof. • Check-in. Renter may be allowed to check-in early on the day of the commencement of the Term at the discretion of POINTE WEST VACATION.COM, LLC. • Returned Checks. If any check from Renter is dishonored by POINTE WEST VACATION.COM, LLC’s bank due to insufficient funds, Renter shall pay POINTE WEST VACATION.COM, LLC an administrative fee of $30.00 for each returned check, such amount payable immediately upon notice from POINTE WEST VACATION.COM, LLC. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and Guests with underlying medical conditions are especially vulnerable. By visiting the Pointe West community and residing in our properties, you voluntarily assume all risks related to exposure to COVID-19. Help keep each other healthy. GUIDELINES FOR ALL GUESTS/RENTERS Please continue to adhere to the state and local authorities as well as the following guidelines for preventing the spread of COVID-19 from the CDC and The White House: • PRACTICE GOOD HYGIENE • Wash your hands, especially after touching any frequently used item or surface. • Avoid touching your face. • Sneeze or cough into a tissue, or the inside of your elbow. • Disinfect frequently used items and surfaces as much as possible. • Stay informed with the latest national information at coronavirus.gov.​