1. Terms

These Sea Duck Cottage LLC Terms of Use (this “Agreement”) apply to your access or use of the Sea Duck Cottage LLC websites, mobile sites, and applications (collectively, the “Sea Duck Cottage websites”) and the content, features, and services (the “Services”) made available by Sea Duck Cottage.

In this Agreement, “Sea Duck Cottage LLC” and “we” mean the Sea Duck Cottage LLC company that is providing the Services to you, and with whom you are entering into this Agreement, which depends on the country in which you reside.  The terms “User” and “you” mean any user of the Services. This Agreement incorporates Sea Duck Cottage’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Sea Duck Cottage Terms & Policies”).

By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, reserving any Sea Duck Cottage home (as such terms are defined herein)). THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER APPLICABLE TO USERS WHO ARE RESIDENTS OF THE UNITED STATES (INCLUDING ITS POSSESSIONS AND TERRITORIES), CANADA AND MEXICO.

Sea Duck Cottage LLC may update or revise this Agreement (including any Sea Duck Cottage Terms & Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Sea Duck Cottage LLC, any use of the Services (e.g., the use of the reservation (as defined herein), Payment Services (as defined herein), or the purchase of weekly rental at Sea Duck Cottage(s)(each, as defined herein)) is subject to the version of this Agreement in effect at the time of use.

SHORT-TERM VACATION RENTAL AGREEMENT This Short Term Rental Agreement (the “Agreement”, or “Rental Agreement”, “Short Term Rental Agreement”) is made electronically by and between Sea Duck Cottage, LLC (“Owner”), (“we”), (“us”), (“our”) and Guest (“Guest”), (“you”), (“your”), (“Renter”), through your submission, Owner’s acceptance, and your payment for the dates and prices reflected in your online booking. Please be sure to read this Rental Agreement (the “Agreement”) in its entirety, as well as our website’s Terms & Conditions, and Privacy Policy located at: SeaDuckCottage.com

• All payments you make are non-refundable. Please read the cancellation policy carefully before booking and give the utmost consideration purchasing travel insurance with medical coverage to protect yourself and everyone in your party from losses resulting from unforeseen circumstances and/or accidents.

• You are releasing Sea Duck Cottage LLC and the homeowner from certain types of liability and agreeing to assume certain risks on behalf of yourself, and each individual present during the stay; you are aware that traveling may increase your risk of contracting COVID-19.

• This Agreement requires claims to be resolved through binding Arbitration.

• This Agreement contains a Jury Trial wavier and a Class action waiver. Your online booking constitutes an electronic signature on this contract and you are acknowledging and agreeing to each and every term included in this Rental Agreement, without reservation, or exception, as well as any applicable rules, policies, and terms or conditions specific to your selected property, including some that may not be specifically contained in this agreement. Therefore, for good and valuable consideration, the sufficiency and receipt of which is acknowledged, the parties, intending to be legally bound, agree as follows:

VACATION RENTAL PROPERTY LOCATION The property for this short-term vacation rental is located at: 39 Moosabec Shores, Jonesport, ME 04649
VACATION RENTAL PROPERTY DESCRIPTON Two single family homes exist on the lot at 39 Moosabec Shores, Jonesport, ME 04649. Both are available for a short term vacation rental. You may rent one, or both. The price of your rental will depend upon on which rental option you choose (the larger house, the smaller house, or both) and will be reflected on the online booking rental receipt.
MINIMUM AGE You certify that you are over 25 years of age.
MINIMUM LENGTH OF STAY & SPECIAL RENTAL RATES Seasonal demand my affect minimum length of stay requirements. A minimum one week stay is required during the months of May, June, July, August, and September. Premium rental rates may be in effect for high-demand weekends and holidays, so please check your online booking carefully before making a payment. Published rates are subject to change without notice. However, once booked, your rental rate will remain as confirmed. Rental rates do not include the special 9.0% Maine State lodging tax, or any booking fees charged by third party booking sites.
CHECK-IN TIME We expect all guests to arrive as expected in order to give our staff and housekeepers enough time to do their jobs so that they can make your stay as clean and comfortable as possible. Check in time is after 4pm on the first day of the reservation; check out time is before 10am on the last day of the reservation. No early check in times and no late check out times are permitted.
PERSONAL DATA You consent to our use of your personal data in accordance with our Privacy Policy located at: SeaDuckCottage.com. Do not sign this contract unless you and everyone in your party has read and accepts to be bound by the terms and conditions of our Privacy Policy. Furthermore, you certify that you have asked for permission and permission has been granted by all persons in your party on to legally bind them as a party to this rental agreement, as well as having been granted their permission to disclose their personal details to us, including special categories including but not limited to information and data that would normally be confidential such as: health conditions, disabilities, and dietary requirements. We will only disclose personally identifiable information without your permission when required by law or in good faith belief that such action is necessary to investigate or protect against harmful actions and/or activities against us, our guests, neighbors, visitors, contractors, brokers, associates, or others, or to the property.
ACCESSIBILITY FOR THOSE WITH DISIBILITIES We are committed to accommodating the needs of all our guests, and we strive to provide all visitors with as accessible a lodging experience as possible. But please be mindful of the fact that you are booking a vacation rental in a house that was constructed to be a private single family home, and every area of it may not be accessible to all, or may present challenges in providing easy and independent access. If you or anyone in your party is disabled, or believes themselves to be disabled in any way, please note that the Large Cottage is a single level house, and the Small Cottage is a two story house. There is an exterior porch on both houses requiring the use of stairs to enter the house(s). The small cottage has a single step up and down at the front door, and three steps in the rear, where one would access the backyard and/or beach. The large cottage has two steps that must be negotiated to reach the front door, and five steps in the rear, where one would access the backyard and/or beach. By entering into this agreement with us, you agree to accept the property “as is” and certify that this will not cause difficulty or danger for you, or anyone in your party. Furthermore, there is no elevator on property and our bedrooms and bathrooms do not meet ADA accessibility requirements. We cannot guarantee that access will not be a problem for those who are physically challenged, therefore, every guest shall use the property at their own risk.
LIMITED SHORT TERM RENTAL ONLY It is expressly understood and agreed that this is a short-term, transient vacation rental and is not a lease or other long-term residential tenancy agreement, and that the Vacation Rental is not intended to be utilized as a primary residence for any length of time whatsoever. This Agreement is only for the licensed use of the Short Term Vacation Rental for the stated reservation dates on your online booking receipt. This short term rental agreements creates no ownership, partnership, lease, or property rights in you and no rights to renewal or for recurring usage. If you or anyone in your party refuses to vacate the property, and hold over after the expiration of your reservation dates, your extended stay will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be in default and therefore liable to us for paying for the additional week(s) at a rate equal to three (3) times the weekly rate set for the property on the dates of your holdover, plus the actual costs of refunding and re-accommodating future tenants that were scheduled to use the Vacation Rental during such dates. You may not sublet the Vacation Rental or any part of it and shall not assign any interest, in whole or in part, to this Agreement or any rights hereunder.
MAXIMUM OCCUPANCY The maximum number of people that may occupy the large cottage is 10, and the small cottage is limited to 6. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by Sea Duck Cottage LLC in writing, occupancy over the indicated capacity may result in the immediate termination of this short term rental agreement and eviction of you and other members of your party from the Vacation Rental as well as the complete forfeiture of all rental payments. CHILDREN We are happy to welcome well-behaved children. Without exception, all children under the age of 12 years old must be under the direct and constant supervision of an adult both indoors, and outdoors.
RENTAL OF PREMISIS Guest is an adult and will be an occupant of the property during the entire rental period reserved. You agree that you will be present at the Vacation Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Vacation Rental during your stay. This includes ensuring everyone in your party or otherwise present at the Vacation Rental (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement, including all House Rules, on each minor’s behalf. Occupants will be family members, friends, responsible adults, or children under direct adult supervision. Use of the premises will be denied to persons not falling within the foregoing categories and, as a result, will be required to vacate the rental property without a refund of any kind. This agreement may not be assigned to a third party without the express consent of Sea Duck Cottage, LLC. The Rental Cottage may not be used for any large party, function, or gathering beyond the posted occupancy including but not limited to weddings, concerts, receptions, or other events.
VACATION RENTAL DISCLOSURE Renting a single-family home is a very different experience from booking a hotel. Sea Duck Cottage, LLC is not open twenty-four (24) hours a day. Sea Duck Cottage, LLC does not maintain a 24/7 emergency line, and resources are limited outside of normal business hours. Unlike a hotel, there is no front desk, onsite maintenance personnel, or onsite cleaning crew. There will be signs that other people have occupied the rental property, including but not limited to kitchen items that can be safely and sanitarily cleaned and reused, seasonings and condiments, leftover liquor in the bar, as well as guest book entries. All guests should be familiar with the general operation of a single-family home, since you will be responsible for doing all of your own cleaning and laundry during your stay. Guest must exercise sound judgment and read all available safety and security information provided about the rental property, including the House Rules, in order to ensure a safe operation of all equipment and appliances, and a pleasant experience for themselves, the owner, and subsequent guests.
RENTAL RULES Guest and all members of the Rental Party agree to abide by all local, state, and federal laws and regulations at all times in conjunction with the rental of the property. Guest and anyone else Guest permits on the property agree to abide by the House Rules incorporated below as Exhibit A, and any additional guidelines included in the Welcome Book (located inside the house) and the House Rule Book (located inside the house) at all times while at the property. Violation of any of these rental rules can, at the sole discretion and final decision of the Owner, result in the immediate termination of this rental agreement without refund of any kind resulting in an immediate eviction of all Guests. The Guest hereby agrees that the decision of the owner is final and binding in all cases, without exception. At the termination of this Lease, the Guest(s) shall quietly yield up the Property clean and tidy, and in good and habitable condition in all respects, just as it was when the Guest took possession.
OWNER’S PERSONAL PROPERTY The rental property is a single family home that includes a significant amount of the Owner’s personal property. Guest acknowledges certain items may be subject to replacement, use, improvement, or edit so long as such items do not significantly affect Guest’s use and enjoyment of the property. While the personal property of the Owner located in the common areas of the rental property is available for Guest’s use, some of Owner’s personal property, and certain areas of the house such as the basement and garage, are not to be accessed and/or used by Guest. All property that is in locked cabinets, closets, rooms, the garage, and/or other storage spaces shall not be accessed and/or used by the Guest(s).
SHORT TERM RENTAL PERIOD The duration of the rental period, as well as the rent, Fees, Taxes, Insurance, and other charges for the term of this Agreement are as reflected in the online booking receipt. The rental period begins at 4:00 p.m. on the “Check-in Date” and ends at 10:00 a.m. on the “Check-out Date”. Early check-ins are not permitted without prior written approval, and no refunds of any kind will ever be issued for late check-ins or early departures, regardless of the circumstances.
SPECIAL REQUESTS Any special requests must be advised to us at the time of booking e.g. particular dietary requirements, room location, etc. You should then confirm your requests in writing. We endeavor to arrange for such special requests to be met, but cannot guarantee that they can or will be granted. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to us is not confirmation that the request will be met. We do not accept bookings that are conditional upon any special request being met, and no refunds of any kind will be given if your request(s) are not fulfilled.
PRICES We reserve the right to amend advertised prices at any time. Prices can change without notice, prior to booking. We also reserve the right to correct errors in both advertised and confirmed prices, whether the errors occur due to a software problem, or any other problem. Use extreme care when booking, because you agree to accept the sole responsibility to check the price of your chosen travel arrangements at the time of booking. Additional charges, fees, and terms and conditions could apply.
RENTAL PAYMENTS The total amount due, including the base rental rates, insurance, taxes, and any other miscellaneous fees are displayed on the checkout webpage for the Vacation Rental in the form of an Online Booking Receipt. All payments due under this Agreement except sales tax, booking fees, cleaning fees, and insurance shall be considered rent. No reservations are valid without a non-refundable deposit. Renter shall make the following payments: A non-refundable deposit equal to 50 percent (50%) of the total rent (plus any fees, taxes, and or charges levied by third-party booking sites) is due at the time of booking.
RESERVATIONS ARE CONSIDERED BOOKED WHEN THE GUEST’S NONREFUNDABLE FIFTY PERCENT (50%) PREPAYMENT IS RECEIVED. A binding contract between you and the booking agent or between you and us comes into existence when the prepayment of the deposit is made and the online booking confirmation is dispatched to the first named person on the booking. The Final Payment in full is due ninety (90) days in advance of Guest’s scheduled arrival date. If the final payment in full is not received within 84 calendar days of the scheduled arrival day, the Guest is in default, and you agree and accept that this reservation is cancelled effective immediately, and all Guests’ non-refundable prepayment is permanently forfeited in favor of Sea Duck Cottage LLC as liquidated damages. No refunds or future compensation or credit of any kind will be given to the Guest(s). TRAVEL INSURANCE There are no exceptions to our cancellation policy whether it be for reasons of sickness, family emergency, weather, or any other reason regardless of the circumstances. As such, we strongly urge everyone in your party to purchase travel insurance. Trip Cancellation insurance with medical coverage is reasonably priced, and easily purchased. It is your responsibility to protect yourself and those traveling with you by purchasing adequate travel insurance. If you choose to travel without adequate insurance coverage, you do so at your own risk, and we will not be liable for any losses howsoever arising. In particular, the insurance should cover cancellation by you, and medical assistance in the event of the need for immediate evacuation due to accident or illness. Washington County, Maine is a remote part of the world and the nearest hospital and ambulance services are miles away, which may be a consideration for those who might be traveling with existing medical conditions; therefore, travel here at your own risk and make sure that your insurance policy includes medical coverage to evacuate you to the nearest major hospital and/or trauma center if necessary and to transport you back to your home state, or country in the event that it is necessary for additional medical care and/or rehabilitation. Should your insurance policy not cover this, we cannot be held responsible for arranging and/or handling your transportation in the event of an emergency.
SECURITY DEPOSIT • A refundable security deposit of $5,000 will be collected and held by Sea Duck Cottage LLC, unless you choose to purchase a $5,000 damage insurance policy (see the next section below). After your trip, your security deposit will be refunded to you provided that there is no damage to the property, regardless of whether the damage was intentional, or unintentional, as well as any excessive cleaning fees. DAMAGE INSURANCE IN LIEU OF SECURITY DEPOSIT • In lieu of a security deposit Sea Duck Cottage LLC requires that all Guests purchase a non-refundable accidental damage insurance policy with $5000 worth of accidental damage coverage. The actual price of this coverage is subject to change at any time. • You specifically agree to assume financial responsibility for any damages or loss to the structure and/or furnishings, property amenities (e.g. wooden deck and deck rails, fire pit, etc.), including landscaping, as applicable when caused by your negligence. Costs or repair or replacement will be paid by your insurance claim, provided the damage was unintentional. • Any damage to the Vacation Rental must be reported to Sea Duck Cottage LLC before check-out. You agree that damage not covered by, or exceeding the limit of, the accidental damage insurance is your full responsibility. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, or other costs incurred by the behavior of you or any other occupant during your stay. To ensure that the proper party is held responsible, please notify your Guest Contact of any damage found at check-in.
CLEANING FEES A cleaning fee will be charged at the time of booking. This fee covers maid service and deep cleaning after your check out on your departure date. Additional cleaning services can be arranged, if available, for an extra fee. Please let us know if this is a special request that you desire. We cannot guarantee the availability of mid-week cleaning services, but we will do our best to accommodate your request.
NO REFUNDS Due to our remote location and the highly seasonal nature of Maine vacation rentals in general, limited availability, and the extreme perishability of our product and service in the event of a cancellation, any cancellation puts us at an unacceptable risk to replace a cancelled booking. For this reason, this Short Term Rental Agreement is NON-CANCELLABLE and all Payments made by you to us under this Rental Agreement shall be 100% NON-REFUNDABLE, and kept by Sea Duck Cottage as liquidated damages in the event of a cancellation. Please review the dates very carefully, since in this point and click world we live in, it is not uncommon for one to make an error during the booking / online checkout process. Also, it is your responsibility to verify that the amounts on your online booking receipt are 100% accurate prior to checkout because exceptions will not be made once your reservation is confirmed. This cannot be repeated enough: One can and should protect oneself against financial loss by purchasing travel insurance. In this day and age, our world is full of volatility and uncertainty, including but not limited to wars, and pandemics—so please protect your investment. CANCELLATIONS & UNFORESEEN CIRCUMSTANCES UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to Sea Duck Cottage LLC are non-refundable unless stated otherwise, and no refunds will be due in the event your stay at the Vacation Rental becomes impossible for a reason outside of our control, including but not limited to natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due or will be made to you.
CANCELLATIONS BY SEA DUCK COTTAGE LLC & SUBSTITUTION OF PROPERTY. In the event that we cancel your booking for reasons other than those described in the Force Majeure section above, you will be notified as quickly as possible. Again, we highly recommend that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund of the rent, Sea Duck Cottage LLC is not responsible or liable for cancellations or any costs or additional travel arrangements associated with cancellations. FORCE MAJURE In the event that your stay at the vacation rental becomes impossible for any reason outside of Sea Duck Cottage LLC’s control, including but not limited to natural disasters, fire, flood, water damage, evacuation orders, or other acts of government agencies, Sea Duck Cottage LLC may choose to cancel your booking and/or terminate this rental agreement at our sole discretion and issue a full or partial refund of the rent, as applicable. No refund or credit is due, or will be made, to you for inclement weather unless Sea Duck Cottage LLC initiates the cancellation. You and your invitees must comply with any mandatory evacuation order. No refund or credit is due, or will be made for any other expenses or monies paid by you other than what is specifically defined as rent under this agreement. For example, no refund or credit will be given for your online booking fees, airline tickets, hotel expenses, rental cars, and/or other miscellaneous travel expenses of any kind.
EVENTS BEYOND OUR CONTROL Except where otherwise expressly stated in these Terms and Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. DEFAULT Renter shall be in default under this Agreement upon the happening of any of the following events or conditions (each, a “Default”): (i) failure to make any payments due under this Agreement, which default remains uncured for four (4) calendar days; (ii) failure of Renter to perform or observe any covenant, agreement, or condition of Renter contained herein which remains uncured for four (4) calendar days after written notice by Owner for the first breach of such covenant, agreement, or condition of Renter, and immediately for the second breach of such covenant, agreement, or condition of Renter; (iii) the death, dissolution, or change in control of Renter; (iv) abandonment of the Premises by the Renter; or (v) if Renter commits waste or violates any other provision of this Agreement. Upon the occurrence of any Default, Owner may, at Owner’s option, undertake any of the following remedies without limitation: (a) declare the Rental Period ended; (b) terminate Renter’s right to possession of the Premises and re-enter and repossess the Premises pursuant to applicable provisions of the Maine Forcible Entry and Unlawful Detainer statute; (c) recover all present and future damages, costs and other relief to which Owner is entitled; (d) pursue breach of contract remedies; and/or (e) pursue any and all available remedies in this Agreement and otherwise provided in law and/or equity. If possession is terminated by reason of a Default before the Rental Period expires, Renter shall still be responsible for the Rent for the remainder of the Rental Period, subject to Owner’s duty to mitigate such damages.
DAMAGES Renter shall be responsible for any damages caused during the Rental Period by Renter or Renter’s agents, licensees, or invitees to the Premises, including any damage or loss of any furniture, fixtures, furnishings, or other property of Owner located therein. Owner shall not be responsible for any damage or theft of Renter’s personal belongings that are maintained at the Premises. COVID-19 Sea Duck Cottage LLC is continuously monitoring the state of the COVID-19 virus and has stepped up precautionary measures on preventing the spread of the Novel Coronavirus (COVID-19). The safety of our guests and employees are of paramount importance to us. Rest assured that we will do everything to ensure that our guests have a safe and pleasant stay. • Daily disinfecting of commonly touched surfaces, such as but not limited to public areas, guest rooms, kitchen, living rooms, remotes, door handles, handrails, restrooms, etc. with hospitalgrade disinfectant solution effective against contagious viral and bacterial pathogens. • Provide hand sanitizer for staff, guests, clients and vendors at appropriate locations in the homes • Anti-microbial bedding sanitized between guest stays
• NO FIREWORKS No fireworks are allowed on the property. If you bring fireworks on the property, even if you do not use them, this short term rental agreement is terminated immediately, and you will be immediately evicted, without a refund of any kind.
PLUMBING AND SEPTIC We warrant that the plumbing, septic, heating, lighting systems, screens, and all appliances are in good working condition, and cost of repairs to any of these items will be borne by us, providing that such necessary repairs are not the fault of nor caused by negligence of the Guest, in which event such costs or repairs will be borne by the Guest. Care should be taken to never flush anything but toilet tissue down the toilets. If it is discovered that the septic system is malfunctioning due to the flushing of foreign objects other then toilet tissue, you will be responsible for any damage to the system, including the entire cost of the service call and repair.
ACCEPTANCE OF THE PREMISIS & MAINTENANCE Renter shall have the right to inspect the Premises and shall notify the Owner in writing by phone text message and/or email within 24 hours of commencement of the Rental Period of any damages Renter believes to exist at the Premises or any items that are in need of repair or maintenance. Except for such items of which Renter notifies Owner in writing, Renter agrees that as of the commencement date of the Rental Period, the Premises and all items located therein are in good and clean working order and repair. With respect to any items identified by Renter during such 24-hour period that are in need of repair or maintenance, Owner shall promptly make or arrange for all necessary repairs or maintenance. Renter shall be liable for any damage to the Premises or Owner’s personal property located therein for failure promptly to notify Owner or Owner’s designated agent of any required maintenance, repair, or damage. Guest’s failure to so notify Owner in writing shall be a waiver of any objections to the condition of the premises at Check-in.
USE OF THE PREMISIS The Premises may be used and occupied only as a temporary private dwelling for personal enjoyment, vacation, and rest and relaxation, and for no other purpose. Renter shall comply with all covenants, conditions, restrictions, laws, ordinances, orders, and regulations affecting the Premises. Renter shall not perform any act or carry on any practice, which could injure the Premises or constitute a nuisance. Without limiting the foregoing, Renter shall not: (i) damage or deface the furniture, fixtures, furnishings, or other the property of Owner, or rearrange or remove any of the foregoing from the Premises; (ii) make any alterations or additions in or to the Premises; (iii) make holes for the hanging of pictures; or (iv) change the locks or add locks to the Premises. The Vacation Rental has specific rules and policies regarding pets, smoking/vaping, quiet hours, parking, beach access, and property regulations. These rules are detailed in the description section of the Vacation Rental listing, in Exhibit A.
HOST & OWNER ACCESS You agree to allow the Owner, your Host, Guest Contact, and/or their agents reasonable access to the Vacation Rental during your stay if requested. Owner, Host, Owner’s Agents, Contractors, Brokers, and their respective agents shall have the right to enter the Premises upon 24-hour oral or written notice to Renter (except in the case of emergencies or on reasonable suspicion of conduct endangering Owner’s real or personal property, in which case the right of entry shall be at any time and without notice) for the purpose of: (i) examining or inspecting the Premises; (ii) supplying housekeeping and any other services to be provided hereunder; (iii) making any repairs or for maintenance; or (iv) if the property is listed for sale, showing the Premises to purchasers. If Renter is not personally present to open and permit entry into the Premises at such time as Owner or any of its Agents seeks entry, the Owner or respective agents may enter the Premises by means of a master key or code.
REPOSESSION OF THE PREMISIS Upon the termination of the Rental Period, Renter will surrender possession and vacate the Premises immediately. Renter hereby grants Owner the full and free right to enter and repossess the Premises, with or without process of law, upon the termination of the Rental Period. To the maximum extent permissible under applicable law, Renter releases Owner of any liability for any damage resulting therefrom and waives any right to claim damage for such re-entry. In the event that Renter does not return the Premises upon the termination of the Rental Period, Renter also shall owe Owner an amount equal to 3 times the weekly rental rate of the Premises for each week, or portion of a week, together with any other damages suffered by Owner; provided, however, Owner’s acceptance of such funds shall not be deemed a waiver of Owner’s right of repossession or any remedy Owner may have under this Agreement or the law. The Premises shall be returned in the same condition as at the beginning of the Rental Period, normal wear and tear excepted. Any extraordinary cleaning costs above the costs of a normal departure cleaning required for the Premises upon repossession of the Premises, such as additional shampooing or steam cleaning of carpets or furniture, if reasonably necessary, shall be paid for, and not disputed by the Renter.
FALSIFIED BOOKINGS If your booking was made under false pretense, including, but not limited to, a falsified name, age, or size of party, you will be subject to immediate cancellation of your reservation, termination of this rental agreement, and immediate eviction from the property, and forfeiture of all amounts paid.
CLEANLINESS You are expected to treat the Vacation Rental with respect, keeping in mind that this is an individual’s home, not a hotel room. You are expected to leave the Vacation Rental in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures. HOUSE RULES Guest agrees to comply with the House Rules in Exhibit A. Additional copies of Exhibit A—The House Rules— are located in a three ring binder in plain sight in the living rooms of all of Sea Duck LLC properties.
TELEPHONE & INTERNET None of the cottages are equipped with a landline telephone. Cellular phones do work well here most of the time, However, occasional disruptions and outages do occur, and Sea Duck Cottage LLC is not responsible for the connectivity, disruption, or outage of any cellular networks. High speed internet with Wi-Fi capable of streaming movies off of Netflix for example is installed and provided by Spectrum. The connection is usually reliable even in this remote region. However, occasional outages do occur, and Sea Duck Cottage LLC is not responsible for the speed, disruption, or outage of high-speed internet services, or any loss of business or enjoyment due to a lack of speed, outage, or disruption.
WHAT SEA DUCK COTTAGE SUPPLIES FOR YOU The rental property is equipped and set up as a fully furnished home that will include bedspreads, linens, blankets, pillows, towels, a fully equipped kitchen, smart TVs, and furnishings. In addition: 1. • Sea Duck Cottage, LLC will supply (1) roll of paper towels, (2) rolls of toilet paper per bathroom, and a new sponge. There will be a starting supply of dish and laundry detergents as well as a small supply of liquid soap. Guest should plan on shopping without reimbursement once these items are consumed. 2. • The rental property is likely to have common staples (salt, pepper, foils, wraps, etc.). However, these items are not stocked by the owner of the rental property, and were most likely left behind by prior occupants, and not included as required minimum home inventory. • The rental property may not have all the items you may be accustomed to having in your home. If there is a special item you are accustomed to using, please provide for those items by bringing them with you, or having them delivered to the address in this rental agreement from Amazon, or another provider. CAUTION: The United States Postal Service does not deliver to this address, and anything that you purchase from a shipper who uses the Unites States Postal Service will be returned to the shipper—therefore make sure any deliveries are sent via Fed Ex or UPS. The guests authorize Sea Duck Cottage to handle—and open if necessary—for identification and/or storage purposes, any parcels delivered to the property by you from a courier or delivery service. Normal occupancy is based on the configured sleeping capacity and, depending on the size of your group, each home may not have ample dining/living room seating to match bed capacity. Although Sea Duck Cottage LLC does provide small supplies of bathroom amenities (soap, shampoo, conditioner), you should bring personal items such as bath soap, shampoo, and toiletries, especially if you prefer a particular brand name. Extra towels are always recommended for beachgoing guests. HOUSEKEEPING SERVICES Renter will receive housekeeping services prior to arrival only. Renter is responsible for weekly service with linen change and any other personal services, such as personal laundry or cleaning dishes. Any additional housekeeping desired by Renter must be arranged and agreed to in writing prior to the occupancy date. The Owner cannot guarantee that housekeeping services will be available during the middle of your stay, or be held responsible if the housekeeper does not show up, or cancels the service. The Owner does not pay for nor arrange for any snowplowing and snow removal of walkways and driveways, or trash removal other than from the dumpster. Renter shall be responsible for the arrangement and payment for all other charges incurred by Renter during the rental period (e.g., additional housekeeping, excessive cleaning fees, special orders, grocery deliveries, chauffeur, and any other delivery services). Sea Duck Cottage LLC is, not responsible for, and you agree not to hold us liable for any lost, missing, or damaged deliveries of yours.
YOUR BEHAVIOR All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If, in the sole opinion of the Owner, your behavior, or that of any member of your party is causing, or is likely to cause distress, danger, or annoyance to any other customers, neighbors, or any third party, or damage to property, we reserve the right to terminate this rental agreement, and evict you and your guests immediately, without refund of any kind. In the event of such termination of this rental agreement our liability to you and your party will cease and you and your party will be required to vacate the premises immediately. Neither we nor our agents will have any further obligations to you or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs of any kind incurred as a result of this termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your booking arrangements or with us.
SMOKING AND PETS Absolutely no smoking is permitted inside the home. Any smell of smoke in the home will result in immediate eviction and termination of the rental agreement without refund of any kind. Smoking is allowed outdoors at the one and only Designated Smoking area, which is located far away from the house. Inclement weather does not mean that you can smoke anywhere other than the one and only designated smoking area. “Smoking” means the burning or vaporization of a lighted cigarette, cigar, pipe, marijuana, or any other matter or substance that contains tobacco (as defined by the Clean Indoor Air Act), incense, or other fragrant substance. Renter understands that should any odor of smoke or pets taint the house at the expiration of the Rental Period, in Owner’s sole determination, all fabrics, carpets, and furniture may be professionally cleaned, and any other action to eliminate the smoke or pet odor may be taken, including, but not limited to, replacement of items, at Renter’s expense. In the event that Renter violates the NO SMOKING restrictions, Renter agrees that it would cause immediate and irreparable damage to Owner, for which it would be difficult to calculate ancillary damages and, as a result, Renter agrees to pay Owner $3,000 in addition to any actual damages suffered by Owner. The parties agree that the foregoing amount represents the good faith calculation of the ancillary damages by which the parties believe that Owner would be damaged by Renter allowing unsanitary pets or smoking in the Premises and is a reasonable estimate of the ancillary damages in light of all of the circumstances. PET POLICY We are happy to offer dog-friendly lodging! We do not allow cats, or other pets. A pet fee of $99 per dog per night will be added to your room charges. We do not allow other pets, regardless of whether or not they are considered service animals. We love dogs, but not all of our neighbors feel the same way. For this reason, pets are never permitted outside without being on a leash. Without exception, pets must never be left in guest rooms or any room of the house alone. Any violation of the pet policy is grounds for the immediate termination of this rental agreement.
ALCOHOL POLICY Guests must be 21 years of age or older to consume alcohol. We ask everyone to drink responsibly and be considerate of others around them. Glass bottles and/or containers are not permitted on the lawn, or around the fire pit. All glass containers must remain inside the house or on the wooden deck. ASSUMPTION OF RISK You and anyone using the Vacation Rental during your stay accepts and assumes all risks involved in or related to the use of the Vacation Rental and surrounding property; the beach, or any other body of water (including but not limited to a lake or an ocean at or adjacent to the Vacation Rental), any water-related activities, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing. You understand that travelling and staying in a vacation rental property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further 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, docks, boats, paddleboards or other floating devices, game, or sports equipment, as applicable. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES. FIREARMS Absolutely, no firearms are permitted to be carried anywhere on the property. Licensed firearms must remain inside of the Guest’s vehicle at all times.
HUNTING & FISHING No hunting is permitted on the property, and the Sea Duck Cottage may not be used to access the beach for fishing. Note: we love fishing, and we can direct you to some good fishing spots, but the beach is not a productive spot anyway so please do not hazard the beautiful sands with hooks and terminal fishing tackle unnecessarily.
EXCURSIONS We do not partner with any tour operators. Excursions or other tours that you may choose to book or pay for during your rental period with us are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision or any other details or arrangements of the excursion or tour or for anything that happens during the course of its provision by the operator. Sea Duck Cottage LLC is not responsible for any losses, damage, death, injuries, or claims whatsoever arising from, connected with, or related to any activities engaged in by guests while off Sea Duck Cottage LLC’s property. Guests engage in all such activities off the ship at their own risk. Sea Duck Cottage LLC does not act as an agent for the independent tour operators supplying excursions or services. Independent contractors operate all excursions independently, including any related transportation. Sea Duck Cottage LLC neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their suitability. It is understood and agreed that Sea Duck Cottage LLC assumes no responsibility for, nor guarantees performance of any such activity and in no event shall be liable for, any loss, damage, injury, or death in connection with said excursions or transportation. PERSONAL POSSESSIONS Neither Sea Duck Cottage LLC is not responsible for damage or theft of personal possessions. Do not leave your possessions unattended at any time, either in the vehicles in which you are traveling or otherwise. Remember phones, tablets, clothing, umbrellas, cameras, handbags, wallets, traveling bags, binoculars, and similar items remain, at all times throughout your stay under your custody and control. DISCLOSURES RURAL AND MOUNTAINOUS AREA DISCLOSURE : • Fires – Forest fires are not known to threaten this region. However, it is not impossible for Controlled or natural fires can create smoke and in extreme cases evacuation. Burn restrictions are often in place restricting the use of outdoor fire pits and certain BBQs. • Air Conditioning -The cottages DO NOT have air conditioning. • Animals – Wild animals, including, but not limited to, bears are present. Appropriate action must be taken to avoid animal problems. Although preventative deterrent action is taken by Sea Duck Cottage LLC, it is not impossible for rodents and/or insects to enter the rental home. Should a pest problem arise, Sea Duck Cottage LLC will take prompt action to eliminate and/or mitigate the situation, however, pest issues are not grounds for relocation or refund of ay kind. • Travel – Winter storms and extreme weather are common, and are not a cause for a refund. Guests travel to and from the cottage at their own risk. Sea Duck Cottage, LLC suggests that Guest(s) closely monitor weather forecasts, be vigilant and drive defensively in adverse weather conditions, and if the decision is made to travel, obtain a 4WD vehicle, with snow tires, for accessing the property in the winter months. • Dangers – Winter weather factors do contribute slip and fall risks at every property. Guest acknowledges such risks are inherent to the area. Guest also acknowledges that special attention must be given to snow and ice accumulating on, sliding, and falling from the roof of the property and/or surrounding properties. During certain conditions, snow, ice dams, and icicles can accumulate and create a roof avalanche hazard capable of causing serious injury and/or death. Guest should always be mindful about falling snow/ice, and access areas underneath roof slide paths and icicles with extreme caution. Children should never be allowed to play under the eaves of any property or in areas affected by falling snow and ice from the roof of any building. Guest understands the risks of slip and fall conditions as well as roof avalanches and agrees to hold harmless and indemnify Sea Duck Cottage LLC from the same. Beach-Your attention is drawn to the fact that the special nature of beachgoing in Maine. Due to rocks on the beach, changing tides, and swift currents, you may encounter hazards and dangers which might not occur during more usual holiday arrangements. This is due to the particular nature of this holiday, including but not limited to the proximity of wild animals, remoteness the area, and accessing the rocky beach. You acknowledge this fact and confirm that you have voluntarily chosen to make a booking and proceed with it notwithstanding those hazards and dangers. Area Construction. Renter understands and accepts that neither Brokerage Firm nor Owner has any control over construction near or adjacent to the Premises. Renter further understands and accepts that no such construction shall affect the term or integrity of this Agreement. No refunds of any kind will be given for construction or other nuisances. Megan’s Law. If the presence of a registered sex offender is a matter of concern to Renter, Renter understand that Renter must contact local law enforcement officials regarding obtaining such information. Mold. Mold can grow when moisture is present. Renter acknowledges and agrees to undertake reasonable steps to eliminate moisture within the Premises that may lead to growth of mold. Such steps include, but are not limited to, keeping the premises clean, using exhaust fans when bathing/showering, wiping down any moisture and/or spillage, and regularly inspecting for leaks or water accumulation on the Premises. Renter further agrees to notify Owner immediately, orally and in writing, of any sign of water leak, excessive or persistent moisture or any condensation sources in the Premises or any stains, discolorations, or other indications of mold growth, including a musty odor in the Premises. Renter acknowledges and agrees that Owner will not be responsible for damages or losses due to mold growth to the extent such conditions have resulted from the acts or omissions of the Renter or if Renter has failed to immediately notify Owner of any such conditions described above. Bears and other pests: Although it is very rare to see a bear on the property, renter understands that there are bears in this region, and understands that Owner’s ability to effectively address these issues is dependent in significant part on Renter’s voluntary compliance and cooperation. Renter agrees not leave food and trash outside the Premises, to close and lock all windows and doors in unattended areas of the Premises or when absent from the Premises to prevent bears, mosquitos and other wildlife/pests from entering. Renter agrees to inspect the Premises and all of Renter’s personal property prior to move-in for pests, to maintain the Premises in a clean and sanitary condition, to notify Owner immediately of any evidence of pests in the Premises, and to cooperate fully with, and to undertake all efforts and tasks required by Owner or Owner’s pest-control company to exterminate and control pests. Renter acknowledges and agrees that Owner will not be responsible for personal injury, deaths, damages, or losses of property due to an incursion of bears, other wildlife, or pests. Use of the Beach & Waterfront: We strongly discourage all guests from swimming in the ocean. Tides and currents are strong and ever-changing. If you swim, we urge you to never swim alone and wear a U.S. Coast Guard approved life jacket at all times. Also, we strongly urge you to never walk on the rocks or beach without some form of protective footwear. Sandals are not recommended. There are sharp rocks and foreign objects including but not limited to lobster traps wash up on shore constantly. If you swim or use the beach you do so at your own risk. We have a staircase with handrails, so always use the stairs and handrails when accessing the beach. Your use of the waterfront and any watercraft you bring is at your own risk. You are responsible for learning, understanding, and complying with all applicable maritime laws. You may not drive any vehicle or trailer across the property to launch any boat or watercraft. There is a public boat ramp in the city of Jonesport; you may use it at your own risk. Please note, there is a very steep hill on the road to the property, and we strongly recommend against the trailering of any vehicle due to clearance and turning issues.
VIDEO & NOISE SURVEILLANCE All Sea Duck Cottage LLC’s rental properties have surveillance cameras installed primarily for security/risk management purposes. Surveillance is not allowed in interior areas. Some of these surveillance cameras also have audio recording capability. Some Sea Duck Cottage LLC properties include audio devices such as an Amazon Alexa, Echo Dot, Google Home, or similar. Guest, along with Guest’s invitees, guests, and/or agents, hereby expressly consent to video/audio surveillance occurring. Some Sea Duck Cottage LLC vacation rental properties have Noise Aware devices to monitor volume levels at the property, which allow us to respond to noise nuisances without disrupting your stay. All Noise Aware monitoring devices are privacy compliant.
MISCELLANEOUS Amendment. This Agreement may not be amended or modified except by an instrument in writing signed by and on behalf of both Owner and Renter and acknowledged by Broker, if applicable. In the event of any conflict between the terms of the Short Term Rental Agreement Online Booking Invoice and this Agreement, this Agreement shall control. Attorneys’ Fees. In the event of a dispute related to this Agreement or the subject matter hereof, the prevailing party in any legal action shall be awarded its reasonable attorney’s fees and costs incurred to enforce any terms or conditions of this Agreement. 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 instrument. Facsimile and other electronically delivered signatures shall be deemed original signatures. Definitions. The term “fixtures” shall include all walls, ceilings, floor coverings, window coverings, and the like. The term “rent” constitutes the cost of the rental period prepayment, and final payment, including taxes. Entire Agreement. This Agreement and the Online Booking Receipt (hereby incorporated herein) set forth the entire agreement between Owner and Renter and supersedes all prior agreements or understandings between Owner and Renter (whether written or oral), with respect to the subject matter. Sea Duck Cottage LLC does not engage in oral agreements, only written agreements, and no employee, manager, or other person is authorized to make any agreements on behalf of the Owner.
INDEMNIFICATION AND WAIVER Renter agrees to indemnify, defend, protect, and hold harmless Owner, its officers, directors, members, managers, employees, brokers (including any Broker and Brokerage Firm) and representatives (collectively, the “Representatives”), from any and all claims, actions, proceedings, damages, liabilities, obligations, losses, costs and expenses, including attorneys’ fees (collectively, the “Damages”) that are incurred in connection with, arise out of, result from, or are attributable to any use of the Premises by Renter, or Renter’s brokers or invitees, unless such Damages are directly attributable to the willful misconduct or gross negligence of Owner. To the fullest extent permitted by law, Renter hereby waives all claims against Owner and its Representatives for any damage to any property or for any injury to any person, including death resulting therefrom, in or about the Premises regardless of cause or time of occurrence, unless such Damages are directly attributable to the willful misconduct or gross negligence of Owner. The Premises and any services or furnishings provided hereunder by Owner and its Representatives are provided on an “AS-IS” basis, without any warranty of any kind whatsoever, all of which are hereby expressly disclaimed to the fullest extent permitted by law. EXPRESS INDEMNITY Guest, along with Guest’s invitees, guests, and/or agents, shall hold harmless, indemnify, and defend Sea Duck Cottage LLC and its officers, directors, agents, shareholders, heirs, successors, and assigns, as well as the rental property owner and his/her/its/their officers, directors, agents, shareholders, heirs, successors, and assigns (the “Indemnified Parties”), against and from all claims, costs (including attorney’s fees), liabilities, penalties, damages, and/or expenses (collectively, “Claims”) which any of the Indemnified Parties may suffer or incur for any action or inaction that may result in damage to, loss of, or destruction of property, or for any injury to, or death of, any person occupying or being on the property. Further, Guest shall hold harmless, indemnify, and defend the Indemnified Parties and from all claims arising from Guest’s representations in this agreement.

CLASS ACTION & JURY TRIAL WAIVER ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL. IN THE EVENT SEA DUCK COTTAGE LLC IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SHORT TERM RENTAL AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SHORT TERM RENTAL AGREEMENT BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
JOINT AND SEVERAL LIABILITY In the event more than one party signs this Agreement (e.g., partners of a partnership) all such parties shall be jointly and severally liable for all obligations of Renter hereunder. All individuals signing this Agreement for Renter warrant that they have the authority to bind their principals and to enter into and perform this Agreement.
NATURE OF AGREEMENT This Agreement is not intended to create a Lease or any other interest in real property in favor of Renter, but instead merely creates and grants a license in accordance with the terms hereof. The parties acknowledge and agree that Owner grants Renter a license to use the Premises for the specific purposes set forth herein without diminution of the legal possession or control of the Premises except as specifically provided herein.
NOTICES All notices to Owner shall be given by email to [email protected], with a copy mailed to Sea Duck Cottage LLC at 480 S. Melrose Dr., Miami Springs, FL 33166. All notices to Guest shall be given by email to the email address Guest provided during booking.
SEVERABILITY In the event that any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal, prohibited or unenforceable, such provision shall be ineffective only to the extent of such prohibition, illegality, or invalidity, without invalidating or affecting in any manner the remainder of such provision or the remaining provisions of this Agreement.
ACTS OF GOD Neither Owner nor Guest shall be liable for events beyond their control which may interfere with Guest’s occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, inclement weather, or any other unforeseen incidents outside of Owner’s or Guest’s control. Refunds for weather-related events will be made only if state or local authorities order mandatory evacuation of a “Tropical Storm/Hurricane Warning” area that includes the property. Guest shall comply with such evacuation order. SUCCESSORS AND ASSIGNS Renter may not assign or sublet any of its rights or obligations under this Agreement without the prior written consent of Owner, which consent may be withheld in Owner’s absolute discretion. Owner shall be entitled to assign any of its rights and obligations without the consent of Renter. Subject to the foregoing, this Agreement is binding on the heirs, personal representatives, successors and assigns of each of the parties.
ARBITRATION & ARBITRATION AWARD If you have a dispute that arises from or relates to this Agreement or the Vacation Rental, and if the dispute cannot be settled through direct discussions, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in the State of Florida administrated by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in Monroe County, Key West, Florida.
ANY AWARD OF THE ARBITRATOR AGAINST SEA DUCK COTTAGE LLC CANNOT EXCEED THE TOTAL AMOUNT PAID FOR THE GUEST’S BOOKING AT ISSUE. YOU EXPRESSLY WAIVE ALL CLAIMS IN EXCESS OF, AND AGREE THAT YOUR RECOVERY SHALL NOT EXCEED, THIS AMOUNT. Any such award shall be in satisfaction of all claims by you against Sea Duck Cottage LLC, and their Agents, Brokers, and Representatives. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.
GOVERNING LAW, JURISDICTION, & VENUE This Agreement shall be governed solely by the laws of the State of Florida without regard to conflict of laws principles. In the event of a dispute, the parties consent to the exclusive jurisdiction of the state courts in Monroe County, Florida, or the U.S District Court for the Southern District of Florida. The parties submit to the jurisdiction and venue of such courts regardless of the location of their residence. The rights and remedies of the parties to this Agreement are cumulative and not alternative and shall not be deemed exclusive or restrictive of any other right or remedy to which the parties are entitled by law or equity. All waivers must be in writing and signed by the waiving party. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. GENERAL TERMS If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your first payment to us or any third party online booking site or broker. Any payment made by you, partial or full, constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.
ELECTRONIC SIGNATURES This executed agreement may be transmitted by an electronic message (e-mail) or electronic signature and the signatures hereto shall be given the same legal effect as if an original.
RIGHT TO ASSIGN This agreement is assignable by Sea Duck Cottage LLC without the prior consent of Guest, however, this agreement may not be assigned by Guest to a third party without the express written consent of Sea Duck Cottage, LLC. SUCCESSORS AND ASSIGNS The provisions of this agreement shall inure to the benefit of the parties’ successors and assigns, and shall be binding upon them.
ACKNOWLEDGEMENTS The parties further agree that they have read and fully understand the terms, conditions, and legal effects of the provisions contained in this agreement. Therefore, for good and valuable consideration, including, without limitation, the mutual promises, conditions, and agreements set forth herein, the parties agree to be bound by the terms of this agreement..

The undersigned has read, understands, and agrees to be bound by the terms and conditions of this Agreement:

In witness whereof, the parties have duly executed this Agreement effective as of Owner: Sea Duck Cottage, LLC

X____________________________ George Criddle, Managing Member

Guest: X____________________________ Your name

By making this reservation, Guest asserts that this signature blank is considered completed by you if you make a reservation and payment to us. Furthermore, you certify that you have obtained permission to have signed this Agreement electronically on behalf of all persons detailed on the booking agrees on behalf of all persons detailed on the booking. Sea Duck Cottage LLC 2022 SEA DUCK COTTAGE RULES AND REGULATIONS OF SERVICE

The following house/property rules (the “House/Property Rules”) relate to the Sea Duck Cottage LLC (the “House”) located at 39 Moosabec Shores Jonesport, Maine 04649 (the “Property”). The House/Property Rules apply to both lessee(s) and their guests. The House/Property Rules are designed to protect the House and the Property, provide for the safety and privacy of guests of the House/Property. ❑ All Guests (and any Visitors) must comply with all House Rules and any other instructions from the Terms and Conditions/Property Manager of SEA DUCK COTTAGE during their stay; and each lessee is responsible for the conduct of his guest. ❑ Guests must notify the Property Manager of any disputes or complaints from neighbors as soon as reasonably practicable.
❑ Arrival time is 4:00 PM EST | Departure is 10:00 AM EST. If the house is ready before 4:00 PM, you may be allowed to check in early. You must call ahead to make sure the home is ready. Do NOT enter the house early without permission. Because we need ample time to prepare and clean the home thoroughly for the next guests, late check outs are NOT permitted and will be charged at a rate of $50 for each hour after 10:00 AM EST. Additional penalties may include, without limitation additional daily or nightly rental fees and/or loss of revenue incurred by the house not being available for the next group of guests. We do ask that if you plan to leave prior to your scheduled departure date, that you notify us by phone (423) 429- 7795 and/or email: [email protected]
❑ The House will be locked at all times with access allowed through a code entry. Lessee will have a specific code (which is to remain confidential) to enter the Property.
❑ The house and furnishings will be utilized by the members and their guests in a manner consistent with the purpose for which they were designed.
❑ No illegal drug use will be permitted on the property. This is grounds for immediate expulsion by the house corporation.
❑ Articles will not be taken from a room without the owner’s consent.
❑ Furniture will not be moved. ❑ Fees up to $250 If the property is left excessively dirty (dishes not cleaned/rinsed, food left in the kitchen, furniture rearranged, leftover bodily fluids, or other excessive mess is found by our cleaners)
❑ There will be no smoking or vaping in/on the House/Property. Smoking of any kind including tobacco, vaping, and marijuana in any form is NOT permitted anywhere in, or within 75 feet of, the Property/House. All areas within the House are non-smoking, without exception. If there is evidence of smoking by You or Your Guests in or around the House/Property, Lessee will be charged a fine of $500 without notice.
❑ No open flames, or candles should be used in Sea Duck Cottage. Do NOT use the fireplace. If evidence of use, a $250 fee will be incurred.
❑ The internet and web based tv is for your use and pleasure while staying at the Sea Duck Cottage LLC. Do NOT download any illegal or inappropriate movies, downloads. If evidence is found, all local / federal regulations will be responsibility of lessee and fines will be issued up to $1,000. The illegal distribution of Sea Duck Cottage LLC 2022 copyright material including unauthorized peer-to- peer file sharing on Sea Duck Cottage LLC owned, operated or maintained networks may subject guests to civil and criminal penalties under federal law. Guests who engage in such activity at a Sea Duck Cottage LLC property using a network owned, operated or maintained by Sea Duck Cottage LLC will be subject to immediate eviction, a $1,000 fee, and forfeiture of all payments made to Sea Duck Cottage LLC in Sea Duck Cottage’s sole discretion.
❑ No projects of painting are permitted anywhere in the House or on the Property. Fines will be assessed for violations, as specified below: FINES for damage to property, furniture, appliances, floors, linens, rugs, house, grounds, dishes, walls, windows, doors, locks will be charged 150% of the cost to repair damage caused by them. ❑ If you wear a fake tan, please bring your own linens as any linen stained by fake tan will incur extras costs up to $250.
❑ DO NOT FLUSH ANY TYPE OF HYGIENE PRODUCT. ALL HYGIENE PRODUCTS MUST BE DISCARDED IN A WASTE BIN. Toilet paper ONLY should be flushed.
❑ No Firearms. Discharge of a firearms or weapons of any kind including paint ball guns, pellet guns, BB guns, pistols or rifles is strictly prohibited and is grounds for immediate eviction, forfeit of all payments made and recovery of any cost of damages.
❑ Arrival Condition: The home/property is inspected for cleanliness before your arrival. Please report anything that is not in acceptable condition within one hour of your arrival. Anything not reported in that time frame will deemed acceptable.
❑ Eating is permitted in the dining room kitchen, outdoor eating area only. All trash, crumbs, etc. should be cleaned up immediately after eating. Please DO NOT eat in the bedrooms or bed. All dishes, pots, pans, silverware, etc. can be washed in the dishwasher OR left rinsed in the sink.
❑ When departing please leave beds unmade and used towels on the floor. If the sofa bed was used, please place sheets on the floor. Please use the dark towels (navy, black) hand towels for makeup removal.
❑ No cooking of lobster inside the Sea Duck Cottage homes. Return all shells back to the sea to avoid a smelly house.
❑ All instructions/directions for kitchen appliances and tvs will be included in the Sea Duck Cottage notebook. TVs are internet based and you may log into your NexFlix or Amazon accounts. Please log out of your account before departure. Sea Duck Cottage LLC will not be responsible for any charges incurred for downloads or rentals on SMART tvs.
❑ No one is allowed on the roof. Violation will result in a fine and immediate eviction forfeit of all payments made and recovery of any cost of damages.
❑ We are pleased to inform you that Sea Duck Cottage is committed to Rent Responsibly standards. This means we follow best-in-class guidelines to ensure you have a peaceful, safe and memorable stay with us. Please be mindful of our neighbors during your stay. The property’s quiet hours are in place to ensure that you and our whole community can enjoy a restful night’s sleep. We are dedicated to protecting our guests and neighbors from bothersome levels of noise. In an effort to do so, this property is equipped with NoiseAware technology. NoiseAware is 100% privacy compliant and is required on this property. NoiseAware is here for your benefit. It helps protect you from aggravating noise from nearby renters or neighbors, as well as proactively prevents noise complaints. If you have any questions please ask. We are committed to your comfort so please let us know if we can do anything during your stay to make it more enjoyable. NoiseAware is the first and only 100% privacy-safe noise monitoring solution built for your entire property – inside and outside. NoiseAware works like a smoke detector, but for noise. Our simple plug & play sensors track the decibel levels at your property, evaluate other risk factors and send an alert via text or email if the noise levels exceed your chosen threshold level. IF NOISE LEVELS PERSIST, WE RESERVE THE RIGHT TO EVICT THE TENANTS AND NOT REFUND UNUSED DAYS. Sea Duck Cottage LLC 2022
❑ Trip Insurance / Accidental Damage Insurance: We encourage all guests to purchase a Vacation Rental Damage Protection designed to cover unintentional damages to the house/property that occur during your stay provided they are disclosed to management prior to check-out.
❑ Age Requirements: No properties will be licensed 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 to one (1) adult over the age of 25. A parent or guardian must be staying in the property at all times. Guests who violate this policy are subject to immediate eviction and forfeiture of all payments made to Sea Duck Cottage LLC in Sea Duck Cottage’s sole discretion. In accordance with Maine Statutes, reservations made under false pretense are null and void and check-in will not be allowed, or guests will be asked to vacate the accommodation. This policy includes reservations made by parents or guardians who do not check-in, and/or who leave overnight during the length of the stay.
❑ Inclusive Fees: rates include a one-time linen-towel setup. The home will be furnished with an initial supply of paper towels, toilet paper, trash bags and dishwasher detergent. All additional sundry supplies are the responsibility of the guest(s). Other incidental sundries may be at the home/property but are not promised or guaranteed.
❑ No DAILY MAID service: Lines and bath towels are included in the home, but daily maid service is NOT included in the rental rate. There is a cleaning fee for extensive preparing and cleaning of the home prior to your arrival.
❑ Maintenance and Damage: We strive to ensure that the home/property is in good repair, and everything is in working condition; however, there may be an occasion when an amenity is unavailable is out of order or breaks down during occupancy. We will do our best to make repairs or replacements, but if neither is reasonably possible due to time or availability of parts or service, we cannot guarantee these items and will not make refunds based on malfunctions or circumstances beyond our control. During your stay, promptly report any maintenance problems to Sea Duck Cottage. No refund or rate adjustment will be made for unforeseen failures such as the supply of electricity, water, heater, air conditioning, telephone, television or cable service, appliances, etc.
❑ Damage: Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not on the premises. Rearranging the furniture or removing any items from the property is prohibited. Guests shall not make any alterations, additions or improvements to the property, including, without limitation, installing any fixture, apparatus, equipment, paint, or device of any kind in or upon the interior or the exterior of the property, or cut or drill into the property.
❑ Entry, Inspection, or Eviction: Owner/Manager will have the right to enter the home a). In case of an emergency b.) to make necessary or agreed repairs, alterations, improvements, supply necessary or agreed services, show the home/property to workers, contractors c.) when the guest(s) have abandoned or left the home d.) when eviction is necessary due to breach of contract. In case of (b), entry may only be made during normal business hours and with prior notice to the guest. In the case of (d), ALL guests and tenants must vacate the home/property within 60 minutes of the notification of eviction.
❑ Please check for all personal belongings when you check-out. If you left an item, please contact us as soon as possible. We can arrange for item to be mailed with a shipping/handling fee of $25 not including the cost of shipment. Sea Duck Cottage LLC is not responsible for any items left after guests depart the property. ❑ Security of Persons and Personal Property: Sea Duck Cottage LLC is not responsible for any acts of violence against guests or theft, vandalism, or other damages to the personal property of guests during guests’ stay at a Sea Duck Sea Duck Cottage LLC 2022 Cottage LLC properties. Sea Duck Cottage LLC is also not responsible for personal items left by a guest in the accommodation at departure.
❑ Holiday/Party Decorations: Guests may decorate for special occasions at their own expense but must remove and dispose of these decorations prior to departure.
❑ Locked closets/Basement: Locked closets and basement are NOT to be opened by guests under any circumstances.
❑ Advanced Payments: An advance payment equal to 50% of the total booking charges is due at the time of reservation, along with full payment for the vacation travel insurance plan unless declined by the guest. This deposit will be applied towards the total booking charges due. This is not a damage deposit. We accept electronic checks and credit cards (Master Card, Visa, and Discover). Credit cards, however, are only accepted for short-term accommodations (stays of less than 28 days).
❑ Cancellations: Reservations may be modified, canceled, or shortened only if you provide timely written notice to Sea Duck Cottage prior to the Cancellation Period Expiration set forth below. If timely modified, canceled, or shortened, the full amount of your reservation deposit will be refunded, less a $200 cancellation fee. In the event of modifications, cancellations, or shortened stays made after the Cancellation Period Expiration, you will be responsible for the full amount of the total booking charges. Any claims for refunds for modifications, cancellations, or shortened stays made after the Cancellation Period Expiration must be sought solely through the vacation travel insurance policy offered by Sea Duck Cottage LLC, if such plan was purchased. If you chose to decline the vacation travel insurance plan, no refunds will be provided for modifications, cancellations, or shortened stays made after the Cancellation Period Expiration, and you will be responsible for the full amount of the total booking charges. Cancellation Period Expirations: • 120 Days prior to Guest Check-In: full refund, less $200 cancellation fee • 90 Days prior to Guest Check-in: reservations of 14 days or more, less $200 cancellation fee.
❑ Rate changes: Until a reservation is accepted, and advance deposit is received to reserve the home(s), rates are subject to change without notice.
❑ No Change for Pandemics or Other Disruptions: For the purpose of clarification and avoidance of doubt, no declaration of pandemic or other declaration or governmental order restricting travel or access shall alter the terms of this Agreement, including but not limited to Section: Cancellations, Section: Severe Weather. As set forth more fully in Section: Cancellations, reservations may not be cancelled or shortened unless written notice is provided to Sea Duck Cottage LLC prior to the Cancellation Period Expiration. Otherwise, guest will be responsible for the full amount of the total booking charges unless Sea Duck Cottage LLC, in its sole discretion, provides a credit for a future stay. As set forth more fully in Section: Severe Weather, if a hurricane, or blizzard or other severe weather prevents your access to your rental property, Sea Duck Cottage may elect, in its sole discretion, to provide a credit for use in booking a future Sea Duck Cottage property, provide a full refund in a pro rata amount, or provide neither. No other refunds or credits will be provided based on weather events.
❑ Severe Weather Policy/Road Conditions: No refunds will be given for storms. We do not refund due to road conditions. Sea Duck Cottage is a private property with a private road, please use caution when driving to Sea Duck Cottage, we are not liable for any damage to cars, vehicles due to the private road to Sea Duck Cottage LLC. ❑ Nearby Construction: There may be construction ongoing at properties adjacent to or close by the Sea Duck Cottage property being occupied by guests. 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 beyond the control of Sea Duck Cottage LLC. As such, the guest shall not be entitled to a refund relating to such construction. Notwithstanding this, Sea Duck Cottage LLC will use its best efforts to ensure the appropriate parties are notified and appropriate remedial action taken in the event that it receives notice the construction at issue may be in violation of any such regulations or ordinances. Sea Duck Cottage LLC 2022
❑ Waterfront, Beach, Water Use: a. In consideration for receiving access and/or permission to use any beach, ocean water (“Activity”) at the Sea Duck Cottage LLC property or otherwise made available to you as an amenity in conjunction with your accommodation by Sea Duck Cottage , LLC and the owner(s) of the Sea Duck Cottage LLC property (“Owners”), you, your guests, and your invitees (“You”) hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes Sea Duck Cottage, LLC, Owners, and their respective officers, servants, agents, volunteers, or employees (herein collectively referred to as “RELEASEES”) FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may be sustained by You or your guests or invitees while participating in such Activity, whether caused by RELEASEES’ active or passive negligence. b. You agree You are fully aware there are inherent risks involved with Activity, including but not limited to possible physical injury (including, but not limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat exhaustion) and loss of life and You choose to voluntarily participate in said Activity with full knowledge that said Activity may be hazardous to You. YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH, that may be sustained by You as a result of participating in said Activity, whether supervised or unsupervised. You further agree to indemnify and hold harmless the RELEASEES for any loss, liability, judgment, settlement, damage or costs, including court costs and attorney’s fees for both the trial and appellate levels that may occur as a result of or in any way related to Your participation in said Activity, whether caused by RELEASEES’ active or passive negligence or otherwise. c. You agree to be responsible for the day to day general safety conditions of any ocean water or beach, in a safe, responsible manner. You understand that RELEASEES may not maintain any insurance policy covering any circumstance arising from Your participation in this Activity or any event related to that participation. As such, You are aware that You should review Your personal insurance coverage. d. You hereby certify that you are at least 18 years of age and you are legally competent to enter into this Agreement, including the release, waiver, assumption, and indemnity provisions contained herein. You agree that it is your express intent that this release shall bind the members of your family and spouse if you are alive, and your heirs, assigns and personal representatives, if you are deceased, and shall be governed by the laws of the State of Maine.
❑ Indemnification: Sea Duck Cottage LLC is not responsible for any accidents, injuries, or illness that occur while on the property. Sea Duck Cottage LLC is not responsible for the loss of personal belongings or valuable or the lessee or their guests. By accepting this reservation, it is agreed that all lessees/guests are expressly assuming the risk of any harm arising from their use of the home/property or others whom they invite to use the home / property. Lessee shall indemnify and hold harmless Sea Duck Cottage LLC and all representatives of the property from all damages, injuries, claims, costs and expenses related to acts, events or omissions occurring in, or about the home/property, lessee’s breach of any term in the rental agreement, or any work, activity or thing done, permitted or suffered by the lessee or their guests in, on or about the home/property. a. You, on behalf of yourself and all persons staying in or visiting the Sea Duck Cottage accommodation (collectively “Guests”) agree you are occupying the property at your own risk. Guests hereby release, acquit and forever discharge Sea Duck Cottage, LLC and Owner of and from any and all known and unknown causes of action, damages, liabilities, costs, expenses and claims and demands of whatsoever kind or nature (including legal expenses) (“Claims”) which Guests now have or may ever have against Sea Duck Cottage, LLC or Owner on account of any and all known and unknown present or future injuries, losses and damages sustained or which may be sustained by Guests occurring on, at or about the Sea Duck Cottage property except to the extent such Claims arise from the gross negligence or willful misconduct of Sea Duck Cottage, LLC or Owner respectively. b. Guests will defend, indemnify and hold Sea Duck Cottage, LLC (including its members, officers, and employees) and Owner, harmless from any and all Claims incurred by Sea Duck Cottage, LLC and/or Owner as a result of or arising out of the breach of this Agreement by Guests or Guests’ reservation and stay at the Sea Duck Cottage accommodation, except to the extent such claims, demands and actions arise from the gross negligence or willful misconduct of Sea Duck Cottage, LLC or Owner respectively. The indemnified party shall promptly notify the indemnifying party of any such claim and shall, at the request and expense of the indemnifying party, cooperate in the Sea Duck Cottage LLC 2022 investigation and defense of such claim. c. Guests acknowledge the inherent risks of being exposed to or infected by a disease or virus that is spread by person-to-person contact, or airborne or surface transmission (“Contagious Disease”). As such, Guests voluntarily assume the risk they may be exposed to or infected by a Contagious Disease (including but not limited to COVID-19) while staying in the accommodation and that such exposure or infection may result in personal injury, illness, permanent disability, death, and other damages. Guests hereby release and covenant not to sue, and agree to defend and hold harmless Sea Duck Cottage, LLC (including its members, officers, and employees) and Owner of and from all claims and damages of any kind arising out of or relating to the exposure to or contraction of a Contagious Disease. Guests understand and agree this release includes any claims based on the actions, omissions, or negligence of Sea Duck Cottage, LLC, Owner, or their employees, agents or representatives, whether a Contagious Disease infection occurs before, during, or after Guests’ stay. Guests acknowledge this contractual assumption of risk and release is a material term and specific condition of Sea Duck Cottage, LLC and Owner agreeing to license the property. Guests acknowledge this is a specifically negotiated term and the monetary amount of this Agreement is specifically based upon the inclusion of this provision.
❑ Waiver: Failure of Sea Duck Cottage LLC representative or owner to enforce any provision of this agreement will NOT be deemed a waiver.
❑ Legal: The Agreement shall be governed by and interpreted in accordance with the laws of the state of Maine. In any action or proceeding involving a dispute between Sea Duck Cottage LLC and lessee/guests arising from this agreement, the prevailing party will be entitled to reasonable attorney fees and costs incurred. All claims will be settled in Monroe County, FL.
❑ CREDIT CARD: Any Tenant or intended Tenant who provides any credit card information to Sea Duck Cottage LLC or their representatives, is doing so as a guarantee of payment of all or any portion of the Rental Fees and each such Lessee accepts all terms of this Agreement and accepts complete liability for the payment of any Rental Fees (including, without limitation, any costs, fees, expenses, charges or penalties related to the rental, occupancy and/or use of the Rental Property as set forth in this Agreement), as well as any damage (not covered under the accidental damage policy) during any Lessee’s occupancy and use of the House/Property. Each Lessee providing his or her credit card understands that these Rental Fees (excluding eCheck payments) will be charged to their credit card and hereby authorizes Agent of Sea Duck Cottage LLC to charge their credit card for payment of any such Rental Fees. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only in writing and signed by all parties. Each section, subsection or paragraph of this Agreement shall be deemed severable. If for any reason any portion of this Agreement is unenforceable, that portion shall not affect the applicability or validity of any other portion of this Agreement. This agreement and any modifications, including photocopies or facsimiles, may be signed in one or more counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument. If there is more than one lessee, all lessees/guests are jointly and severally liable under this rental agreement. Authorized Signature: Through your electronic signature above, you agree you have read, understand, and agree to abide by the terms of this Agreement, which includes the above Reservation Details and the below Policies and Conditions, Peace of Mind Protection Plan Accidental Damage Waiver Addendum, and Damage Addendum (collectively the “Agreement”), and agree to book the property set forth above for the period and price specified above. You explicitly agree to and understand the refund policies set forth in Sections referencing CANCELLATIONS which are summarized above, and further agree not to initiate any “chargeback” claims with your credit card provider due to Sea Duck Cottage LLC following these policies. You further understand and consent to the use of the credit card or electronic check payments you provided in conjunction with this Agreement. You also authorize Sea Duck Cottage, LLC (“Sea Duck Cottage” or “Manager”) to charge your credit card or checking account for any damages or fees consistent with this Agreement, and/or for the deposit, balance due, and any additional charges incurred during your stay. You understand this authorization cannot be revoked and will not terminate until 30 days after the property is vacated. I agree not to challenge the validity, enforceability or admissibility of this signature process on the grounds that it is in an electronic form. Sea Duck Cottage LLC 2022 By placing a reservation, ALL terms and conditions of this agreement are deemed accepted and receipt of the information herein acknowledged.