Cottage Lodging Agreement

This Agreement and the Confirmation constitute the Transient Lodging Agreement for that certain cottage described in the Confirmation (the “Cottage”), between said GUEST and SEA ISLAND RENTAL, LLC (the “Company” or “we”) acting as authorized agent of the owner of said Cottage. The term “GUEST” or “you” shall include the undersigned GUEST and any person(s) who shall also occupy the Cottage at the invitation of the undersigned GUEST during the Occupancy Period. By execution of this Agreement, GUEST agrees to abide by all of the terms and conditions set forth in the Agreement.

1. Deposits and Cancellation: A non-refundable deposit equal to one night’s room rate plus tax is due at time of booking.  If the arrival date is less than sixty (60) days from time of booking, 100% of all room charges are due. Reservations may be cancelled by giving a minimum of sixty (60) days written notice prior to scheduled arrival date.
   • No reservation deposits shall be refunded or transferred if a reservation is cancelled within the respective time frame of check-in noted above.
   • Reservation deposit may be applied to a future occupancy only upon specific approval of owner.
   • A valid credit card and authorization sufficient to cover all Cottage charges and resort charges are required at the time the reservation is made.
   • Upon check-in, we shall direct your credit card provider to set aside and reserve the sum of $300 per night for every night for which you have reserved the cottage. Thereafter, as you use the resort guest card issued to you to purchase goods and services from us, such purchases shall be charged against the amount set aside and reserved. If your purchases exceed the amount set aside and reserved, an additional amount shall be set aside and reserved against which purchases shall be charged and paid. At check-out you shall receive an accounting of all charges and paid from such sums set aside and reserved.
2. Golf Package Deposits and Cancellation: A non-refundable deposit of 50% of the total package cost is due at time of booking.  If the arrival date is less than sixty (60) days from time of booking, 100% of the package cost is due. Reservations may be cancelled by giving a minimum of sixty (60) days written notice prior to scheduled arrival date.
   • No reservation deposits shall be refunded or transferred if a reservation is cancelled within the respective time frame of check-in noted above.
   • Reservation deposit may be applied to a future occupancy only upon specific approval of owner.
   • A valid credit card and authorization sufficient to cover all Cottage charges and resort charges are required at the time the reservation is made.
   • Upon check-in, we shall direct your credit card provider to set aside and reserve the sum of $300 per night for every night for which you have reserved the cottage. Thereafter, as you use the resort guest card issued to you to purchase goods and services from us, such purchases shall be charged against the amount set aside and reserved. If your purchases exceed the amount set aside and reserved, an additional amount shall be set aside and reserved against which purchases shall be charged and paid. At check-out you shall receive an accounting of all charges and paid from such sums set aside and reserved.
3. Security Deposit: GUEST acknowledges that GUEST’S valid credit card and authorization will be held on file for sixty (60) days after departure as a security deposit to which any charges authorized under this agreement may be applied.
4. Arrival and Departure: GUEST acknowledges that:
   • GUEST will receive an arrival packet containing keys, directions to the Cottage, Sea Island Club temporary membership cards, and helpful resort information upon check-in at the Front Desk.
   • Cottage check-in is no earlier than 4 p.m., although delays may occur during peak arrival periods. Check-out is always no later than 10 a.m. unless prior approval is given by the Cottage administration office. GUEST agrees that approval for early check-in or late departure will be granted based on occupancy and the ability to schedule housekeeping services at the sole discretion of Management Company. GUEST may be charged an additional one-half (1/2) day charge for early arrival or late departure.
   • Upon departure, GUEST will leave the Cottage in a neat and orderly manner and secure the Cottage by closing all windows, turning off all lights and small appliances, and locking all exterior access doors. The check-out process is complete and charges cease once keys are returned to the Front Desk or other designated area. For security purposes, GUEST not returning all keys will be assessed a re-keying charge as described in Section 11 e. hereof.
   • The balance of all payments, miscellaneous charges, resort charges, and occupancy fees (if any) are payable in full upon departure.
5. Club Membership: GUEST acknowledges that this Agreement includes temporary membership for all GUESTS (not to exceed the maximum occupancy of the Cottage). GUEST(S) agrees to abide by all of the rules, regulations, behavior, and dress codes of the Sea Island Club.
6. Permitted Occupancy: GUEST agrees that the number of persons occupying the Cottage under this agreement will be the lesser of the Maximum Occupancy or the number of GUESTS as stated on the Confirmation.
7. Payment of Balance: In the event that GUEST should fail or refuse to pay any sum of money then due under this Agreement, OWNER may retain any amount previously paid and may cancel this Agreement. OWNER may then re-enter and repossess the Cottage and re-let the same as GUEST’S agent, and receive the sums paid on account thereof and without notice to GUEST.
8. Pets: Sea Island has a limited number of pet-friendly cottages. Pets are allowed only in cottages designated pet-friendly and approved by Company in advance. No pets are allowed in accommodations not listed as pet-friendly and not approved, except for service pets. We reserve the right to terminate any occupancy, without refund, if pets are found on the premises, and charge an additional $500 to treat the property for fleas. Pet friendly accommodations require a nonrefundable fee of $300 plus taxes.
9. Fireworks: While certain fireworks may be legally purchased and used in Georgia, no fireworks and no fireworks displays are allowed upon any private residential property on Sea Island or upon marsh and beach adjacent thereto.
10. Commercial Use: During the term of GUEST’S rental, no commercial use of the premises shall be allowed without prior written consent of OWNER, which may be granted or denied at OWNER’S sole discretion, including but not limited to filming for commercial purposes and subletting for any purpose.
11. Resort Fee and Damage Waiver: A Resort Fee will be paid by GUEST in the amount of $85 per day of Cottage occupancy. Among other things, the Resort Fee shall include the following: Access to the Fitness Center and use of all equipment therein; WiFi within the Cottage; free local calls; welcome amenity; starter supply of household essentials; morning pastries, afternoon tea, and coffee service at The Cloister; concierge services; DVD library upon request; board games upon request; damage waiver.The damage waiver included within the Resort Fee covers minor damages that may occur during your stay. Specifically, it covers accidental damage to the Cottage or any of its furnishings up to a maximum of $2,000 per stay per cottage. The damage waiver does NOT cover – and you remain responsible for – intentional acts of destruction, theft, or negligence; damage caused by smoking in non-smoking cottages (including smoking on decks, porches, or fenced areas around a non-smoking cottage); damage caused by a pet or other animal brought onto the premises by you or your guests; or accidental damage to the Cottage or any of its furnishings during your visit resulting in repairs or replacements costing in excess of $2,000. Pets and smoking are only allowed in designated cottages. Those guests bringing pets into a cottage, or found to be smoking in or around non-smoking cottages, will be subject to an additional $500 charge for cleaning and damages. We will charge your credit card for any damages that are not covered by the damage waiver fee.The types of damages for which you shall be responsible will include the cost of repair for any damage to the landscaping, building, plumbing, sewerage, electric lights or wiring, or to any part of the Cottage, its fixtures or appurtenances occurring during GUEST’S occupancy and caused by or due to any intentional acts of destruction, theft, or negligence of GUEST, members of GUEST’S household, GUEST’S invitees, or any person in GUEST’S employment and under GUEST’S control. GUEST shall not be responsible for ordinary wear and tear. It is the intent of the damage waiver up to $2,000 to cover accidental damages.Reporting Damage: Please note any damage to the Cottage upon your arrival and report it immediately to our office to avoid possible liability. GUEST must report to the Cottage administrative staff as soon as practical, but no later than the next following business day, any damage caused by guests, guests invitees or under guest control in order for the damage waiver to apply. We inspect every cottage after each guest’s departure; if unreported loss or damage is discovered after your stay, we will charge your credit card.
12. Owner’s Space: GUEST agrees not to enter or to force open any locked closets or rooms in the Cottage which are reserved by OWNER for OWNER’S personal use and are not included in the GUEST’S use of the Cottage.
13. Relocation of Furnishings: GUEST may not remove any of the furniture or furnishings from the Cottage, nor may GUEST place interior furniture or furnishings on the porches or lawns or in the garage where such furniture or furnishing would be subject to unusual wear and tear. If GUEST moves or otherwise rearranges furniture or furnishings in the Cottage, GUEST shall restore them to their original location before departure.
14. Additional Charges: In addition to occupancy charges, GUEST shall pay for all taxes, long distance telephone charges, personal laundry charges, and all other miscellaneous charges due to GUEST’S use or occupancy of the Cottage or which accrue on or against the Cottage during the term of this Agreement. Such miscellaneous charges will be billed to GUEST’S credit card within sixty (60) days of departure and may include, but are not limited to:
    • Applicable Georgia Sales Tax of 6%, plus 5% Room Tax on the first 30 (thirty) nights of stay. Tax laws and rates are subject to change without notice.
    • All charges for natural gas or electricity which is used to heat pool if the Cottage includes a heated pool, whether outdoor or indoor.
    • All long distance telephone charges not billed to GUEST’S credit card or charged to GUEST’S home telephone number, subject to a $25.00 (twenty-five and no/100 dollars) administrative charge.
    • All charges for equipment requested by GUEST for use during the Occupancy Period plus a 25% (twenty-five percent) administrative fee.
    • A re-keying charge of $100 (one hundred and no/100 dollars)for failure to return all keys to the Front Desk (or other designated) area at departure.
    • Sea Island infrastructure fee of 2.25% per transaction (excluding Resort Fee and service charges). As a private entity, Sea Island maintains its beach, causeway, roads, water system, bridge and landscaping with no government funding from taxes.
15. Resort Charges: GUEST shall be responsible for and shall pay all charges incurred at Sea Island Resorts by GUEST, members of GUEST’S household, and GUESTS or any other person or persons utilizing the facilities of said Hotel at GUEST’S request.
16. Deficiencies:
    • GUEST shall report any maintenance, repair, or inventory deficiencies to the Cottage administrative staff immediately upon arrival or no later than the following business day. Otherwise, Cottage is deemed accepted in its present condition, provided however that during the term of this Agreement, OWNER and Company, as Agent for OWNER, shall be required to maintain the Cottage in a safe and tenable condition.
    • COMPANY as AGENT for OWNER shall give no refunds for equipment, television or appliance failures but shall make every effort to keep and maintain appliances and equipment, electrical or otherwise, in good working order. GUEST shall promptly report any problems to COMPANY as AGENT for OWNER.
    • If GUEST is dissatisfied with a Cottage due to reasons other than maintenance or safety issues not easily remedied, the GUEST may be released from this Agreement and relocated to another substitute cottage (at that substitute cottage’s published rate), based on availability. However, GUEST acknowledges that GUEST will be responsible for any used portion of the fees and charges for the original Cottage plus one additional day’s fees and charges as damage to the OWNER for cancellation of the contract. GUEST understands that utilities, communications, and other public services are beyond the control of Sea Island Rental, LLC, and are required to be paid, provided that in all events GUEST shall not be required to pay any extra charge for basic utilities.
17. Personal Property: All personal property of GUEST inside or outside of the Cottage shall be used at the risk of GUEST, and OWNER and COMPANY shall not be liable to GUEST for any loss or damage, either in or about the Cottage.
18. Hold Harmless: GUEST agrees and covenants to indemnify OWNER and COMPANY as agent for OWNER, and to hold OWNER and COMPANY as agent for OWNER, harmless against any and all claims arising from any act or negligence of GUEST, members of GUEST’S household or invitees, or any of GUEST’S, OWNER’S and COMPANY’S agents, contractors or employees, arising from any accident, injury or damage whatsoever, however caused , to any person or persons, or to the property of any person or persons, or corporation or corporations, occurring during said term, on, in or about the Cottage, and from and against all costs, attorney’s fees, expenses and liabilities incurred on account of any such claim or of any action or proceeding brought thereon; and in case any action or proceeding is brought against OWNER by reason of any such claim, GUEST, on notice from OWNER, shall resist or defend such action or proceeding, by and through an attorney satisfactory to OWNER. This indemnification and hold harmless provision shall not apply, however, to any injury or damage caused by the sole negligence of OWNER.
19. Destruction: If, during the term of this Agreement, the Cottage is destroyed by fire or act of God, or is partially destroyed so as to render it unfit for occupancy and unable to be repaired with reasonable diligence and within a reasonable time from the happening of such event, then this Agreement shall become null and void from the date of such damage or destruction, and GUEST immediately shall surrender possession to COMPANY as agent for OWNER, and neither party hereto shall have any other or further rights or be under any other or further obligation to the other under this Agreement, except GUEST shall pay COMPANY as agent for OWNER for fees and charges accrued and unpaid up to the time of surrender. If the Cottage is only slightly or partially damaged by fire or the elements so as not to be rendered unfit for occupancy, then OWNER or COMPANY as agent for OWNER shall repair the same within a reasonable time period, and this Agreement shall remain in full force and effect without reduction in fees and charges.
20. Notice of Entry: It is agreed that employees of COMPANY as agent for OWNER, at all reasonable times and hours, may enter the Cottage and all parts thereof to inspect the same and may make repairs and alterations as may be deemed necessary to the preservation of the Cottage upon prior verbal notice to GUEST.
21. Alterations and Modifications: GUEST shall not make any alterations, addition, or improvements in, to or on the Cottage without the written consent of OWNER. If such consent is granted, all alterations, additions and improvements made in, to or on said premises, except movable furniture and fixtures put in by GUEST, shall become the property of OWNER and shall remain upon and be surrendered with the Cottage as a part thereof at the termination of the term of this Agreement.
22. Termination: Upon the termination of this Agreement, regardless of how the same may be terminated, GUEST shall peaceably surrender the Cottage to OWNER in as good order, condition and repair as the same was at the beginning of the GUEST’s occupancy, so far as the reasonable use thereof will permit.
23. Failure of Guest to Comply with Agreement: If GUEST should violate or fail to perform any of the covenants or conditions contained in this Agreement, including the conditions set out in paragraphs 1-31 herein, or if the Cottage shall become vacant or GUEST shall abandon or desert said Cottage, then OWNER, or any other person at OWNER’S direction, or COMPANY as agent for OWNER, may re-enter the same, either by force, statutory proceedings or otherwise, without being liable to any prosecution therefore, and may either elect to terminate this Agreement or may offer the Cottage for transient lodging at any time and for whatever sums OWNER may obtain, applying the sums received therefrom first to the payment of such expenses as OWNER may be put to in re-entering and offering the Cottage for transient lodging, and then to the payment of the sums due under this Agreement and the fulfillment of GUEST’S obligations, and in the event of a deficiency, GUEST shall remain responsible therefore.
24. Assignment/Sublease: This Agreement shall not be assigned by GUEST nor shall the Cottage sublet by GUEST without the consent in writing of COMPANY as agent for OWNER.
25. Beach Access: GUEST acknowledges that GUEST has been advised and is aware that an affiliate of Company owns and controls all land between the platted lots and the mean high water mark of the Atlantic Ocean on Sea Island, Georgia; that Company has extended to persons temporarily occupying Cottages on Sea Island, Georgia, the members of their families and their invitees, the revocable license to cross such land in order to access the beach area below the high water mark for pleasure and recreational purposes; and that such license may be revoked by Company without notice. In addition to other conditions that may be imposed by Company from time to time, GUEST agrees and understands that:
    • GUEST, members of GUEST’S household or invitees are not permitted to use the sand dune area above the mean high water mark in front of privately owned Cottages built on the ocean front;
    • Automobiles, motor vehicles, motor carts and motorcycles are not permitted and may not be driven on the sand dunes or the beach;
    • GUEST, members of GUEST’S household or invitees are requested not to litter such land or the beach with debris such as paper, bottles or other refuse; and,
    • GUEST, members of GUEST’S household or invitees are expected to observe proper formality of dress and action when using the beach and are not permitted to make unnecessary noise which might disturb the owners of or persons occupying ocean front or other Cottages on Sea Island, Georgia.
26. Owner’s Rights and Remedies. All rights and remedies of OWNER under this Agreement shall be cumulative of the other rights and remedies allowed by law, and GUEST agrees to pay all reasonable attorney’s fees and expenses of OWNER in enforcing any of the provisions of this Agreement.
27. Sale of Cottage. In the event a bona fide sale of the Cottage is achieved after the execution of this Agreement, OWNER shall have the right to cancel this Agreement upon giving GUEST written notice of such sale and cancellation provided that GUEST’S occupancy of the Cottage extends beyond the date on which such sale is to be closed. In such event, this Agreement shall terminate and the charges for said Cottage shall cease to accrue under this Agreement. All rights of GUEST under this Agreement shall also terminate.
28. Company’s Authority. GUEST acknowledges that COMPANY is duly authorized to offer transient lodging in the Cottage on behalf of OWNER and has negotiated this Agreement with OWNER’S express consent and authorization.
29. Cottage Premises. Whenever and wherever in this Agreement the words “the Cottage” are used, it is understood and agreed that such words refer to the Cottage and the adjacent premises on Sea Island, Georgia, referred to in the attached Confirmation, which is incorporated into this Agreement.
30. Cottage Outbuildings. GUEST shall not be allowed to use any outbuildings or storage areas reserved for the use of the OWNER.
31. Right to Relocate: In the event the Cottage becomes unavailable between the date of confirmation of GUEST’S reservation and the scheduled arrival date, COMPANY as agent for OWNER retains the right to move GUEST to a comparable unit or to refund all sums paid in advance, to be determined at the sole discretion of COMPANY as agent for OWNER.
32. Private Residence: GUEST acknowledges that the Cottage is a private residence, currently owned by a third person (or persons).
    • Further, because of its residential nature, the Cottage is governed by local County ordinances relative to residential property and, in some instances, property owners’ association rules and regulations may apply. GUEST agrees to abide by all such rules and regulations including, but not limited to, noise ordinances.
    • GUEST acknowledges that neither the OWNER nor COMPANY has any control over construction in the residential community and is not liable, therefore, for construction noise and activity.
33. Evacuation: In the event of inclement weather, COMPANY as agent for OWNER shall refund any fees and charges paid in advance only in the case of voluntary or mandatory evacuation by local civil defense authorities. In the event of an official Glynn County voluntary evacuation, GUEST will be required to evacuate Sea Island and OWNER will release GUEST from the unused portion of this Agreement.
34. Inventory: Neither OWNER nor COMPANY as agent for OWNER shall be responsible for providing any additional furnishings or appliances not presently in the Cottage. All residences are furnished with: