You are on page 1of 13

2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

800.237.1138
www.surforsound.com

Vacation Rental Agreement, 2024 Today's Date: 02/14/2024

Guest Information
Name: Welber Reis
Address: 14362 N Frank Lloyd Wright Blvd.
Scottsdale, AZ 29055022

Your Reservation
Reservation: #385916
Property Name: Moonglade - #1
Property Address: 41291 Ocean View Drive
Avon, NC
Arrival: Saturday, December 7, 2024 1:00 PM
Departure: Saturday, December 14, 2024 10:00
AM
Booking Date: Feb 12, 2024
Non-Smoking
Animals Not Permitted

Vacation Options

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

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 1/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

Cost Summary
Base Rate: $1,495.06
Early Check-in by 1:00pm: 300.00
Protection Plan: 95.00
Home Service Fee: 295.00
Taxes: 266.48
Total: $2,451.54
Prior Payments: ($0.00)
Total Due: $2,451.54

Payment Plan
4 Payment Plan
Due 02/14/2024 $633.99
Due 03/15/2024 $633.99
Due 10/08/2024 $422.66
Due 11/07/2024 $760.90

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 2/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

Thank you for making your reservation with Surf or Sound Realty. We
look forward to your arrival and hope that you have a wonderful
vacation! Please let us know if there is anything we can do to make your
stay with us more enjoyable.

This Vacation Rental Agreement will terminate immediately unless we


receive your initial payment and signed lease within 48 hours of this
reservation. This is your final billing notice. You will not receive another
balance due notification prior to arrival, so please mark your calendar.
The final balance due must be received in our office at least 30 days
prior to your check-in date. If the balance is not received by that time, a
$35 late fee will apply, and we will consider the lease breached. We may
also cancel the reservation and re-rent the Premises. Personal checks
will be accepted up until 30 days prior to arrival. Please write your
confirmation number on your check. A convenience fee will be applied to
all credit card and debit card payments.

For reservations made within 30 days of arrival, a signed lease and


payment in full by credit or debit card (Visa, Mastercard or Discover),
cashier’s check, money order, or traveler’s check must be received
within 24 hours of the reservation being made. Mailed payments should
be sent via overnight air. Please email the overnight tracking number to
accountingdept@surforsound.com. International payments must be in
U.S. funds via Visa, Mastercard, Discover, or by money order or
cashier’s check payable by a U.S. Bank.

Check-in time is 4:00 - 6:00 pm based on home readiness. Due to our


high standard of cleanliness, it may be necessary to delay check-in until
after 6:00 pm, especially during times of high demand. Many of our
homes offer early check-in for an additional cost if you need guaranteed
access prior to 4:00 pm.

Check-out time is 10:00 a.m.

Dogs Permitted (there is a $200 non-refundable dog fee per week


required for each approved dog)

For non-dog friendly homes “Animals Not Permitted”

Deluxe Linen Package (includes sheets, bath towels, hand towels,


washcloths with beds made) is provided for check-ins between May 18 –
August 30, 2024 for all properties.

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 3/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

Please make sure all members of your party are aware that you, the
leaseholder, must be given the keyless entry code or the keys when the
house is ready for occupancy, and BEFORE anyone can proceed to the
house. Failure to abide by this requirement will adversely affect and delay
the check-in process. For homes with keys and check-in after hours, we will
leave an envelope with keys and a map in the key drop box located at our
front door. If your house offers keyless entry, you do not need to check-in at
the office. You will receive your code via text and/or email once your home
has been prepared for your stay. Please carefully read the terms and
conditions of this Agreement as well as the "Standard Terms and Conditions
" (which can be found at www.surforsound.com). If you understand and
agree with the terms set forth, please sign here where indicated and return
to Surf or Sound Realty immediately to confirm your reservation.

Lease was received from 2/12/2024 11:23 AM ET


177.206.101.152 Date
Tenant

RENTAL AGREEMENT MUST BE SIGNED BY THE PERSON OR PERSONS


NAMED ON THE AGREEMENT AND EXECUTED BY AN AUTHORIZED
EMPLOYEE OF SURF OR SOUND REALTY

TERMS AND CONDITIONS

This is a vacation rental agreement under the North Carolina Vacation


Rental Act, which can be found in Section 42A of the North Carolina
General Statutes, and many of the terms and conditions of the agreement
are governed by those statutes. Surf or Sound Realty strongly encourages
you to read the Act, which for your convenience may be found on our web
site (www.surforsound.com). Also, incorporated within this agreement by
reference, in addition to the terms set forth below, are the “Standard Terms
and Conditions of Surf or Sound Realty” and “Rental Policies”, copies of
which may be found on our website (www.surforsound.com). The “Standard
Terms and Conditions of Surf or Sound Realty” contains information
regarding (I) the manner in which funds are received, deposited, and
disbursed in advance of Tenant’s occupancy of the Premises (II)
administrative fees permitted under G.S. 42A-17(c) (III) the rights and
obligations of the Landlord and Tenant under G.S. 42A-17(b) (IV) the
applicability of expedited eviction procedures (V) the rights and obligations
of the Landlord or real estate broker and the Tenant upon the transfer of the
rented Premises (VI) the rights and obligations of the Landlord or real estate
broker and the Tenant under G.S. 42A-36 and (VII) miscellaneous
obligations of the Landlord and Tenant. North Carolina law shall govern this
agreement.

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 4/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

1. The Premises are offered without respect to the race, color, religion,
sex, national origin, handicap, or familial status of any party or
prospective party to the Agreement.

2. Advance Rent Payments Tenant understands and agrees that advance


payments up to 50% of the rental amount may be disbursed to the property
owner (Owner) prior to occupancy. Monies received for insurances and other
fees due Agent may be disbursed prior to occupancy. All monies received by
Agent in connection with rental of Premises are deposited in an interest-
bearing trust account with First National Bank, PO Box 770, Avon, NC
27915 with interest payable to Agent. Agent is not liable to Tenant for any
refunds that Owner does not return to Agent.

3. Cancellations If you wish to cancel your reservation after we have


received your initial payment, your cancellation must be in writing. We will
make every effort to re-rent the Premises, but if we are unable to do so, the
full rental amount, including taxes and all applicable fees, is due and
payable. If we re-rent the Premises at your same rental rate all monies paid
(less a $200.00 cancellation fee, Travel Insurance and Vacation Rental
Protection Plan Insurance premiums, late fees, credit/debit card fees, and all
applicable taxes) will be returned only if and when full payment is received
for the new reservation. Tenant agrees to make all normally scheduled
payments by the payment due date until the Premises are re-rented,
including those payments automatically scheduled per a selected payment
plan. Tenant understands and agrees that they may not assign this
agreement to another party or sublet the Premises in whole or part. In order
to re-rent the Premises, it may be necessary to reduce the rental rate. Agent
reserves the right to reduce the rental rate for the sublease at its own
discretion. Any reductions in the rental rate will reduce your refund. Any
funds returned will be credited to the debit or credit card(s) used to make
payments in the amounts charged to each card, which may or may not
belong to the leaseholder. If payment was made by check, then any funds
returned will be sent to the individual(s) that submitted the check(s).

I have read and agree to the Cancellation Policy.

Please enter your initials WR

4. Payments We do not send out billing notices. If a payment is not received


by its scheduled due date in accordance with this lease, a $35 plus tax late
fee will apply and we will consider the lease breached. We may also cancel
the reservation and re-rent the Premises (see paragraph 3 “Cancellations”).
Checks should be made payable to Surf or Sound Realty. Personal checks,
cashier’s checks, traveler’s checks and money orders must be received
within 24 hours of reservation. Mailed payments should be sent via
overnight air. Please email the overnight tracking number to
accountingdept@surforsound.com. Agent will charge a $75 plus tax fee for
all checks returned unpaid. A convenience fee will be applied to all credit
card and debit card payments. The fee will be displayed in the cost

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 5/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

summary prior to completing your reservation. Tenant specifically agrees


that the signing of this Lease and initial payment constitutes acceptance of
all Terms and Conditions, makes this Lease contractually binding and
completes this purchase. Tenant agrees that purchase takes place at time of
payment, not at time of possession/occupancy of the Premises. TENANT
SPECIFICALLY WAIVES ALL RIGHTS TO CREDIT/DEBIT CARD CHARGE
BACKS.

I have read and agree to the Payments Policy.

Please enter your initials WR

5. Taxes A 6.75% state sales tax and a 6% county occupancy tax are
required on all rents and other fees associated with the reservation except
for Travel Insurance and Vacation Rental Protection Plan Insurance
premiums. Taxes are subject to change without notice.

6. Vacation Rental Protection Plan Purchase of this $95 plus tax plan is
mandatory and excludes the Tenant from paying for damage to Premises
deemed accidental in the sole discretion of Surf or Sound Realty. The fee
does not exempt Tenant from theft, intentional damage, gross negligence or
unauthorized utility charges. If there is previous damage to Premises, it must
be reported to our office upon Tenant’s arrival or Tenant will be held
responsible. Tenant must notify Surf or Sound Realty of any damage to
Premises during their occupancy. Tenant shall be responsible for all
unreported damages and any items found missing from Premises following
their occupancy. Damages not covered by this insurance, including
unauthorized utility charges, including satellite and cable television, will be
the responsibility of the Tenant. Tenant hereby authorizes any such costs or
charges to be charged against the credit/debit card used to make any
previous payments associated with this reservation. Vacation Rental
Protection Plan insurance is provided by Tern Financial Group, Inc. Agent
receives a commission from the insurance company.

I have read and agree to the Vacation Rental Protection Plan Policy.

Please enter your initials WR

7. Check-In Check-in time is 4:00 - 6:00 pm based on home readiness. To


avoid delays in cleaning and inspection of the Premises, it is essential that
you do not go to the Premises before it is ready for occupancy and you have
received the KABA door entry code. Taking possession of the property
before it is released for occupancy will result in additional delay. Surf or
Sound Realty makes every effort to prepare all units for occupancy by 6:00
pm. However, due to our high standard of cleanliness, it may be necessary
to delay check in until after 6:00 pm, especially during times of high
demand. Tenant understands and agrees that there will be no refund or
discount for such late occupancy.

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 6/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

8. Early Check-In Early check-in is available for many of our homes. If


applicable, the non-refundable early check-in fee is $200-$500 plus tax. If
approved, Tenant will gain access to a minimum of the lowest living area of
the home and pool area (if applicable), including use of a full bathroom and
a refrigerator by 1:00 pm on check-in day. If there is no refrigerator or full
bathroom on the lowest living level, Tenant will have access to the next
nearest bathroom and kitchen refrigerator.

9. Home Service Fee A non-refundable home service fee of $95 to $1,195


plus applicable taxes, is applied to each reservation.

10. Check-Out Our cleaning and inspection staff depends upon your timely
departure so they can prepare the Premises for the next scheduled Tenants.
Tenant is responsible for removing all personal belongings and completion
of the check-out procedures. Premises must be vacated by 10:00 am on the
day of check-out or Tenant will be in material breach of this agreement as
well as subject to a late check-out fee of $200.00 per hour. In the event
Tenant does not check out on the scheduled check-out day, Tenant will be
charged the full rent for the next rental week and subject to immediate
expedited eviction. Items left by Tenant on the Premises after check-out are
not the responsibility of Agent. Tenant hereby authorizes any such costs or
charges due under this paragraph to be charged against the credit/debit
card used to make any previous payments associated with the reservation.
No refunds will be given for early departure.

11. Occupancy The maximum number of guests permitted may not exceed
the intended occupancy of the Premises. The hosting of parties, which
would increase maximum occupancy at the Premises, is a violation of the
vacation rental agreement. Occupancy limits are strictly enforced. Over-
occupancy constitutes a material breach of this agreement and is subject to
immediate expedited eviction and forfeiture of all rents and fees paid.

I have read and agree to the Occupancy Policy.

Please enter your initials WR

12. Rules of the House Tenant hereby acknowledges that they have read
the terms and conditions of this Agreement as set forth herein, the
“Standard Terms and Conditions of Surf or Sound Realty” and “Rental
Policies” as can be found on our web site (www.surforsound.com) and agree
to be bound by all terms and conditions contained therein. If Tenant or
guests of Tenant intentionally damage the property or act in a grossly
negligent manner, which results in damage to the property, including
misuse, destruction of, or tampering with the furnishings, fixtures and
equipment including, but not limited to, appliances, HVAC equipment,
electrical, plumbing, audio/video, and thermostats, or act in such a way as to
create a safety risk to the Tenant or any other person, then the Tenant will
have committed a material breach of the terms of this Vacation Rental
Agreement and will be subject to immediate expedited eviction and
forfeiture of all monies paid.
https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 7/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

I have read and agree to the Rules of the House Policy.

Please enter your initials WR

13. Family Groups and Age Requirements Surf or Sound Realty rents to
Family Groups only. A family group is defined as immediate and extended
family (parents, children, grandparents, siblings). No fraternities, sororities,
college, school, church, civic or other non-family groups are permitted.
Additionally, all family members less than 27 years of age must be
supervised by at least two accompanying adults 35 years of age or older at
all times during tenancy. The supervising adults must also be present at
check-in and remain for the duration of tenancy. In the event Agent
determines at check-in or thereafter that Tenants are not a family group or
do not meet the specified age requirements, Tenant will be in material
breach of the lease and will be denied access to the Premises or be subject
to immediate expedited eviction and forfeiture of all monies paid. Tenant
agrees to furnish proper photo identification upon request to verify that they
are the Tenant as set forth herein, that they are a family group, and that they
meet the specified age requirements. These rules are strictly enforced!

I have read and agree to the Family Groups and Age Requirement Policy.

Please enter your initials WR

14. Animals Animals of any kind are not permitted at most of our homes.
Most homes allowing dogs only permit two housebroken dogs (restrictions
may apply) unless additional dogs are disclosed and pre-approved at time
of reservation. An additional $200 per week non-refundable dog fee plus all
applicable taxes is charged for each approved dog. Any non-declared or
unapproved dogs will be charged the standard $200 per week non-
refundable dog fee as well as a $200 per week non-declared dog fee for a
total of $400 per dog per week plus applicable taxes. The dog fee may not
be removed from the reservation or otherwise refunded after check-in. A
dog or animal of any kind on the Premises of a non-dog house is absolutely
prohibited, a material breach of this agreement, grounds for immediate
expedited eviction, will cause forfeiture of all rents and fees paid, and will
be subject to the same $400 per dog per week fee as wells as the cost of
full carpet cleaning and flea treatment. This rule is strictly enforced! Agent
reserves the right to inspect Premises without notice to verify compliance.
Dogs are strictly prohibited in the pool or spa and any violation will be
subject to an additional $200 fee.

I have read and agree to the Animals Policy.

Please enter your initials WR

15. Smoking/Vaping in a Non-Smoking/Vaping Home Almost all homes are


non-smoking/vaping. If any member of your vacation party smokes or vapes,
we respectfully request that you not reserve a non-smoking/vaping home. If
our cleaning/inspection staff detects evidence of smoking/vaping within a

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 8/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

non-smoking/vaping home, Tenant will be responsible for the entire cost of


cleaning and deodorizing and hereby authorizes any such costs to be
charged against the credit/debit card used to make any previous payments
associated with this reservation. Non-smoking/vaping rules are strictly
enforced.

16. Mobile Homes, Tents, RVs, and Campers No mobile homes, trucks with
campers, camping trailers, tents or other accommodations of any type are
permitted on the Premises during tenancy. Violation of this rule is a material
breach of the agreement and grounds for immediate expedited eviction.

17. Electric Vehicle Charging No charging of electric vehicles is permitted at


the Premises unless an EV charging station is listed as an amenity for the
Premises on our website (surforsound.com). Tenant agrees to pay an
additional $500 fee plus taxes for each unauthorized incident of electric
vehicle(s) charging at the Premises, i.e. – two charges to one EV or one
charge to two EVs would result in a $1,000 fee. Agent will have absolute
and sole discretion in determining if a violation has occurred and Tenant
hereby authorizes any such fees to be charged against the credit/debit card
on file used to make any previous payments associated with this
reservation.

I have read and agree to the Electric Vehicle Charging Policy.

Please enter your initials WR

18. Weddings, Receptions, and Events No weddings, receptions, parties,


events, or other large gatherings, which would exceed the intended
occupancy of the Premises, are permitted unless pre-approved in writing by
Agent at time of reservation. A cash security deposit and event fee will be
charged for all approved events. Violation of these terms may result in
immediate expedited eviction without refund per the N.C. Vacation Rental
Act.

19. Construction New homes are constructed regularly in our area. There are
no refunds or discounts given for construction occurring near or adjacent to
the Premises. Dare County’s noise ordinance is enforceable from 11:00 pm
to 7:00 am.

20. NPS Access Restrictions The beaches of Hatteras Island are part of
Cape Hatteras National Seashore and under the jurisdiction of the National
Park Service (NPS). Beach closures by NPS, including but not limited to
seasonal closures for wildlife protection, government shutdown, beach re-
nourishment, or adverse conditions can occur. No refunds or relocation will
be granted for such events. Boardwalks and docks, if damaged, may not be
permitted by the Coastal Area Management Act (CAMA) or NPS, to be
repaired or rebuilt in the same configuration, or at all. Photos on the website
(www.surforsound.com) may not accurately reflect the current design of
beachfront steps, boardwalks, dune decks, boat docks, or boat slips. No
refunds or relocation will be granted for such events.

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 9/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

21. Under Construction New homes under construction may be delayed and
unavailable through no fault of the Agent/Owner. If the Premises is
unavailable due to construction delays, Agent/Owner obligations are limited
to a full refund of all monies received. Tenant waives all claims against
Agent/Owner for non-completion of any property under construction. Under
no circumstances will Surf or Sound Realty or the Owner provide any
additional monies to rent another property, travel expenses, etc.

22. Maintenance and Repairs Every reasonable effort is made to keep each
property and its equipment in good working order. Please notify Surf or
Sound Realty promptly of any difficulty you incur during your stay. Due to
the remote nature of our area and the inability to obtain replacement parts
quickly, immediate servicing of malfunctioning units may not be possible.
Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s,
Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot
tubs, swimming pools, pool heaters, elevators, luggage lifts and other non-
essential items are not guaranteed to be operational. Surf or Sound Realty,
upon notice by Tenant, will make every effort to have such items repaired as
quickly as possible. Replacements are not provided. There will be no
refunds or discounts for such non-operational amenities. Owner and/or
Agent shall have the right to inspect Premises during tenancy and make
repairs during the rental period.

I have read and agree to the Maintenance and Repairs Policy.

Please enter your initials WR

23. Pools and Spas Pools and Spas are to be used at the Tenant’s and their
guest’s own risk. Spas are prepared for Tenant’s use prior to arrival. Should
the spa become unsanitary at Agent’s discretion, the spa will be shut down
for the remainder of the stay or Tenant may pay an additional fee to have
the spa emptied and refilled. Please see posted rules of use to avoid
unsanitary conditions. Pool heaters, when pool heat is purchased, are set to
80 degrees, but pool temperature cannot be guaranteed. No refunds will be
given if the pool heat does not reach the desired temperature of 80 degrees.
Dogs are strictly prohibited in pools or spas and any violation will be subject
to an additional $200 fee.

I have read and agree to the Pool and Spa Policy.

Please enter your initials WR

24. Access to Premises If the Premises are listed for sale, Tenant agrees,
with a four-hour notice, to allow access to the Premises for real estate
Agents, prospective buyers, inspectors, and appraisers.

25. Surveillance Systems Tenant is advised that many homes and some
common areas may be equipped with security cameras covering the exterior
of the property. By execution of this lease agreement, Tenant consents to
the use of such surveillance equipment.

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 10/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

26. Evacuations, Closures, Inaccessibility, Hurricanes and Travel Insurance If


a mandatory evacuation is ordered by Dare County, Tenant agrees to follow
Hurricane Policy and Procedures as directed by Agent and evacuate as
instructed. Failure to do so will constitute an act of trespass and will initiate
an immediate expedited eviction in which Tenant will be evicted and not
allowed to return to Premises after the evacuation order is lifted. Owner and
Agent provide NO REFUNDS DUE TO VOLUNTARY OR MANDATORY
EVACUATION AS A RESULT OF MAN-MADE EVENTS OR ACTS OF
NATURE OR INACCESSIBILITY FOR ANY OTHER REASONS SUCH AS
GOVERNMENT ORDERED TRAVEL RESTRICTIONS OR AREA CLOSURES,
ROAD CLOSURES, SUSPENSION OF FERRY SERVICE, STORMS OR
STORM DAMAGE, OTHER GOVERNMENTAL ACTS OR ACTS OF GOD.
Owner and Agent strongly recommend the purchase of travel insurance as
noted during the booking process. The insurance amount is shown on page
1 of this lease and is non-refundable. Tenant may elect coverage by
initialing the appropriate space on page 1 of this Agreement and paying the
adjusted amount. Insurance cannot be purchased after final payment has
been made. The Travel Insurance terms and conditions are made and
administered by the insurer (please refer to a copy of their Insurance Policy
for specific information). Agent receives a fee from the insurance company.

I have read and agree to the Evacuations, Closures, Inaccessibility,


Hurricanes and Travel Insurance Policy.

Please enter your initials WR

27. Limitations of Remedies, Damages and Indemnity Surf or Sound Realty


is acting as Agent for, and on behalf of, the Owner of the Premises. The
Premises may or may not be owned by a North Carolina Real Estate
Licensee. All reservations are contingent upon the homeowner making the
given time period available for rental. In the event Agent is unable to deliver
possession of the Premises to Tenant under this lease agreement because
of the Owner’s use of the specified lease period, Tenant hereby agrees that
their sole remedy is a full refund of all rents, fees and taxes held by Agent.
Tenant will hold harmless Agent and Owner for any consequential or
secondary damages that Tenant suffers due to unavailability of the
Premises, including but not limited to expenses incurred as a result of travel,
or renting alternative housing. Owner is responsible for the refund of
advance rental payments made by Tenant and disbursed to Owner. If the
Premises are unavailable for occupancy due to voluntary or mandatory
evacuation as a result of man-made events or acts of nature or
inaccessibility for any other reasons such as government ordered travel
restrictions or area closures, road closures, suspension of ferry service,
storms or storm damage, etc. no refunds will be given. Please see
paragraph 27 of this Agreement entitled “Evacuations, Closures,
Inaccessibility, Hurricanes and Travel Insurance”. Tenant also agrees that in
the case of a double booking, Tenant is only entitled to the full refund of all
consideration previously tendered by Tenant. Tenant agrees to release and
indemnify the Owner and his Agent from and against all liability for injury to

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 11/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

the person of the Tenant or to any member of their party resulting from any
cause whatsoever, except for such personal injury caused by the gross
negligence or intentional acts of the Owner or Agent. Tenant shall not be
entitled to any refund due to unfavorable weather, voluntary or mandatory
evacuation, road closures, travel restrictions, or disruption of utility services
(including water, gas, electricity, phone, WIFI/internet, and satellite or cable
TV). Tenant agrees to be responsible for any necessary repairs due to their
intentional or negligent acts or failure to act as well as any pet damage.

28. Severability of Provisions If by operation of law any provision of this


agreement is or becomes unenforceable, all remaining lawful provisions
shall be enforceable.

29. Attorney Fees and Court Costs If either party fails to keep and perform
any agreement or provision hereof, the non-breaching party shall be entitled
to recover reasonable attorneys' fees and any and all other expenses
incurred in any actions instituted to enforce the provisions of this
Agreement, including filing fees, court costs, and court reporter costs. The
parties specifically acknowledge each has been advised that under Bromhal
v. Stott, 341 N.C. 702, 462 S.E.2d 219 (1995) the Supreme Court of North
Carolina has held that provisions such as this one whereby a breaching
party is required to pay the non-breaching party's attorneys' fees are valid
and enforceable. Failure to enforce any specific provision of this Agreement
does not constitute a waiver of any additional provisions or remedies by
either party.

30. Legal Rights Each party, at the time of the execution of this instrument,
has had the opportunity to review this Lease, with counsel of their own
choosing and has decided not to seek any additional legal counsel and to
waive any legal rights he, she, they or it may have in addition to those
provided herein, and warrant they have executed this instrument freely,
understanding the full and precise meaning of this instrument

31. Jurisdiction and Venue Any dispute arising out of this lease will be
interpreted under the law of the State of North Carolina and the venue and
jurisdiction to interpret any provision hereof or the breach hereof will be in
the General Courts of Justice of Dare County, North Carolina, either the
District Court or the Superior Court Division depending on the amount in
controversy.

Sign Here Welber Reis 2/12/2024

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 12/13
2/15/24, 11:21 AM Reservation Confirmation | Surf or Sound

Every effort has been made to ensure the accuracy of the information displayed on this website and in print.
However, we are not responsible for changes which are subject to occur and may include omissions,
withdrawals or typographical errors.

800.237.1138
Salvo Office www.surforsound.com
26204 Rampart St.
Salvo, NC 27972

Avon Office
40974 NC Highway 12
Avon, NC 27915

Hatteras Office
58079 NC Highway 12
Hatteras, NC 27943

https://surforsound-www-dev.azurewebsites.net/reservation-confirmation?reservationId=385916 13/13

You might also like