TERMS and conditions

State of Mississippi  

VACATION RENTAL SHORT TERM LEASE AGREEMENT

This Vacation Rental Short Term Lease Agreement, along with Appendix “A” and “B” Binding Golf Cart Agreement, Waiver of Liability, Assumption of Risk and Indemnification Agreement, (hereinafer collectively referred to as the “Agreement”) is made by and between Comfy Birds, LLC, by and through its Owner/Manager (“Owner”) and Guest (“Guest”) as of the date of booking. Owner and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged by this booking, the Parties agree as follows:  

1. Property.  The property is described as a cottage with either two (2) bedrooms or three (3) bedrooms (depends on the booking) located at 2207 Government Street, (Unit # will be provided upon booking) Ocean Springs, MS 39564 (the “Property”). 

The Property is fully furnished by Owner and equipped for light housekeeping. The following amenities are included in the Property: 

- microwave   - wifi - fully furnished rooms

- dishwasher   - linens - golf cart (see Appendix “B)

- refrigerator   - washer/dryer

A starter supply of household cleaning and hygiene products will be available in the Property for use. Guest is responsible for purchasing any additional supplies and all food and beverages.  

2. Rental Party.  All persons in the Rental Party will be bound by the terms of this Agreement and disclosed to the Owner. Only persons listed on this Agreement may stay in the Property. Failure to disclose is a violation of this rental agreement. “Rental Party” means Guest plus the following persons (see Attached Appendix “A”, Rental Party – Guest Registry):

First Name & Last Name Relationship to Guest

1. SELF

2.  

3.

4.

5.

6.

3. Maximum Occupancy.  The maximum number of persons allowed to stay in the Property is limited to four (4) guest in the 2 bedroom cottage OR six (6) guest in the 3 bedroom cottage. Guest will be charged without notice for additional persons staying in the Property and not disclosed to Owner. 

4. Visitors.  A visitor is an occupant of the Property who is not staying overnight. The total number of persons permitted in the Property at any given time, including visitors, is five (5) in the 2 bedroom cottage and six (6) in the 3 bedroom cottage.  Any visitor staying overnight is subject to additional charges.  

5. Rental Period & Check-In.  The term of this lease will be from (“Arrival Date”) to (“Departure Date”). Check-In is at 4:00 p.m. Central Standard Time (CST) on the Arrival Date and the Check-Out is 10:00 a.m. (CST) on the Departure Date. If Guest or any member of the Rental Party remains on the Property beyond the Departure Date, Guest will be responsible to pay the rental rate prescribed in Section 9 below for the period of time between Departure Date and the actual date Guest and all members of the Rental Party vacate the Property. 

6.  Permitted Use and Access Code: Guest shall use the Property solely as a residential vacation property only for the short term. Owner will provide Guest with the access code to the entry doors on the Arrival Date.  

7. Rental Rules & Restrictions. Guest agrees to abide by the  following restrictions by Owner (the “Rules”):  

(A) Smoking is not permitted inside the Property (subject to $250 fine);

(B) Pets are not permitted on or in the Property (unless approved beforehand);  

(C) Quiet hours are from 10:00 PM to 8:00 AM (CST); 

(D) All trash must be bagged, taken outside and placed inside the designated dumpster on the property upon check-out; 

(E) No parties, large groups, or unregistered guests; and

(F) All other house rules, city ordinance and regulations, along with the Guest Handbook (as provided).  

If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.  

8. Firearm and Illegal Use: Guest are not permitted to have any firearms or other flammable or hazardous materials on the property, such as fireworks. Guest shall not use the property for any illegal purposes, including but not limited to illegal drug use or criminal activities. If a Guest or Rental Party is found to be engaging in any illegal activities on the Property, this shall be a cause for immediate termination of this Agreement.  

9. Cleaning. A cleaning fee of $130.00 will be charged to the Guest. Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect Guest may report to Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair. 

10. Furnishings. The following furnishings will be provided with the Properties as follows: 

- 2 bedroom cottage:  Each with 1 Queen bed

- 3 bedroom cottage: 1 King bed; 1 Queen bed; 2 Twin beds

Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest’s departure. All contents of the Property are the property of Owner. If an item should break or damaged, Guest must notify Owner immediately. Guest is not permitted to alter the wiring of any television, computer, appliances, or equipment, or move any furnitures. 

11. Parking. Free parking on the premises. Guest can use the overflow parking area available on a first-come, first-served basis (refer to the parking map provided). Please refrain from blocking other vehicles and driveways. No boats, RVs, or trailers on the property. Guests must park only in designated areas. Illegally parked cars may be subject to towing and/or fines.

12. Mechanical Failures.  Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rental reductions will be made due to failure of such items that are outside the Owner’s control.

13. Acts of God.  If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.

14. Limitation on Liability.  Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

15. Indemnification.  Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, including injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the rules and restrictions set forth in Paragraph 7.  

16. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.

17. Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of the State of Mississippi (not including its conflicts of laws provisions). 

18. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.

19. No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.

20. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.

21. Notices. Any notice or communication under this Agreement must be in writing and sent via one of the following options:

- Via email:  Stay@comfybirds.com

- Text Messages:  (228)800-0079

22. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.

23. Entire Agreement. This Agreement along with any other terms and conditions agreed to by the parties on any booking platforms and/or other hosting platforms, represent the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties. 

APPENDIX “A”  2. RENTAL PARTY / *GUEST REGISTRY

*A Guest Registry is required by the City of Ocean Springs, MS. 

TEXT to (228) 800-0079 the names of those staying on the property and their relationship to the Guest. 

CONTINUE FROM: 2. Rental Party.  All persons in the Rental Party will be bound by the terms of this Agreement and disclosed to the Owner. Only persons listed on this Agreement may stay on the Property. “Rental Party” means Guest plus the following persons (see Attached Appendix “A”, Rental Party / Guest Registry):

First Name & Last Name  /     Relationship to Guest

1. SELF/ GUEST

2.

3.

4.

5.

6.

APPENDIX “B”

BINDING GOLF CART AGREEMENT, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

BINDING GOLF CART AGREEMENT

Comfy Birds, LLC, by and through its Owner/Manager (“Owner”) and Guest (“Guest Driver”) as of today, enter into this BINDING GOLF CART AGREEMENT, (hereinafter referred to as “this AGREEMENT”),  WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT.

As part of the consideration for the Vacation Rental Short Term Agreement provided by Comfy Birds, LLC, I agree to the following conditions and hereby acknowledge the statements I make herein are true and correct:

I am at least 21 years of age and hold a valid Driver’s License issued by one of the 50 United States and have a valid Motor Vehicle Insurance that is currently in force, which includes liability coverage.

Furthermore, I acknowledge that by operation of the golf cart, it identifies me as the “Guest Driver” of the Golf Cart referred to in this agreement.

Other than the Guest Driver, all other drivers must be approved and identified to the Owner before operating the Golf Cart. All drivers must agree to be bound to this Agreement. Only approved drivers who are 21 years of age of older, who possess a valid Motor Vehicle Driver’s License issued by one of the 50 United States, and who has a valid Motor Vehicle Insurance currently in force shall be permitted to operate the Golf Cart. Guest Driver and approved drivers agree by virtue of their operation of the Golf Cart that they will hold Comfy Birds, LLC harmless from all legal actions, and will provide and file first on their own Liability, Collision and Comprehensive Auto Insurance which covers the driver, passengers, their property, the person and property of others involved, Comfy Birds, LLC, its owner and assigns, and the Golf Cart. Guest Driver who failed to identify another driver and get Owner’s approval will be held strictly liable for all personal injuries and property damages that arises from the operation by the unauthorized driver use of the Golf Cart. 

I understand that the Golf Cart is also considered a Low Speed Vehicle (LSV), but is subject to the same laws and regulations pertaining to Motor Vehicles, and therefore agree that the Golf Cart will be operated in accordance with the laws of the State of Mississippi, and the local laws of the City of Ocean Springs, MS, including but not limited to the prohibition of open containers of alcohol and driving under the influence of alcohol and/or other drugs. I agree to only drive and operate within the designated district as outlined on the map provided to me.

I also agree not to enter or cross Highway 90/Bienville Blvd.

I understand that the Golf Cart may only be operated on public streets where the posted speed limit is 30 mph or less.

I understand that the Golf Cart is also considered a Low Speed Vehicle (LSV) and is not equipped with many of the Common Safety Devices, Structural Components or Methods of Construction found on or used in Motor Vehicles and that the lack of such Safety Devices, Structural Components and Methods of Construction may increase injuries or result in death in the event an accident. I acknowledge that I have read and fully understand this AGREEMENT. Furthermore, I agree to follow this AGREEMENT and Golf Cart Operating Instructions (as provided).

If I have any questions or concerns about operating the Golf Cart, I agree to contact Comfy Birds, LLC, at 228-800-0079.

I agree that in the event the Golf Cart should become inoperable through no fault of mine, Comfy Birds, LLC shall make reasonable efforts to repair the Golf Cart. In the event the Golf Cart cannot be repaired in time, Guest can request a credit/refund up to $25 per day that the Golf Cart is inoperable. 

I agree to return the Golf Cart upon completion of the use period in the same condition as received, normal wear and tear accepted.

I agree to return the Golf Cart clean and free of sand, dirt and other debris.

I understand that a late fee of $100 will be charged to my credit card or booking account for late returns.

I agree to pay all fines, fees, parking violations and towing costs that occur while the Golf Cart is in my possession during the rental period. 

I agree to pay a security deposit (if requested) for the Golf Cart (not exceeding $250). I agree to allow Comfy Birds, LLC to charge me for any damages to the Golf Cart (for actual repair cost or replacement cost) for lost keys, sound bar repairs or damage, or  anything exceeding normal wear and tear.

I agree that the privilege of using the Golf Cart can be revoked without notice by Comfy Birds, LLC, for any violation of this agreement, and I also agree that I shall not be entitled to any refund for the remaining rental days if that privilege is revoked.

In the event of any loss or damage to the Golf Cart or personal property or injury to any persons, I agree to immediately contact the police department, and contact Comfy Birds, LLC, at 228-800-0079.

I agree and acknowledge that I am legally and financially liable for all repairs to the Golf Cart and for the loss, damage, and/or injury to my person or property and the person or property of others involved while the Golf Cart is in my control and/or my possession.

It is my intention that this AGREEMENT shall bind me, my spouse, heirs, legal representatives and assigns, passengers, and anyone else who may make a claim against Comfy Birds, LLC, as a result of my use of the Golf Cart during my control and possession of it.

I understand and agree that this AGREEMENT is intended to provide Comfy Birds, LLC, the maximum protection that the State of Mississippi permits and that if any part of this AGREEMENT is declared invalid, the remainder shall continue to be in full force and legal effect, and any invalid clause shall be severed therefrom without affecting the validity of the remainder.

I Agree

By my use and operation of the Golf Cart, I certify that I have read this AGREEMENT, fully understand its terms, agree to the conditions set forth herein and understand that I am giving up substantial rights, including the right to sue. I acknowledge that I am expressing my acceptance to this AGREEMENT freely and voluntarily, and that use and operation of the Golf Cart creates a contractual obligation that binds me, my spouse, my heirs, all legal representatives and assigns.

WAIVER OF LIABILITY, ASSUMPTION OF RISK AND  INDEMNIFICATION AGREEMENT

I agree to release Comfy Birds, LLC, its officers, members, successors, assigns and employees from all claims for loss of any personal property that is carried in or left in the Golf Cart, whether or not the loss of damage was caused by negligence or was otherwise the responsibility of Comfy Birds, LLC.

I understand the Golf Cart does not have many of the Common Safety Devices found on Motor Vehicles and that the lack of such Safety Devices may increase injuries or results in death in the event of an accident.

I acknowledge the foregoing statement and waive any rights on behalf of myself, my spouse, heirs, legal representatives and assigns to recover damages based upon the lack of such Safety Devices, Structural Components and Methods of Construction commonly found on or used in Motor Vehicles.

I accept and acknowledge that I am legally and financially responsible for the personal property of and injuries to passengers of the Golf Cart that I agreed to operate, and hereby forever release, indemnify, hold harmless and will defend Comfy Birds, LLC, its officers, members, successors, assigns and employees in the event of any claim, loss, suit, demand or cause of action to recover damages based upon the lack of such Safety Devices, Structural Components and Methods of Construction commonly found on or used in Motor Vehicles.

I understand and accept that Comfy Birds, LLC, makes no warranties, either express, implied or apparent regarding the vehicle and makes no claims that the Golf Cart is fit for a particular purpose.

I acknowledge that there are inherent risks in operating a Golf Cart and this type of activity. There risks may result in serious injury or death and includes but is not limited to the following: collisions with pedestrians, bicycles and bicycle riders, Segway and Segway riders, scooters and scooter riders, other LSV/NEV and passengers, motor vehicles and passengers, manmade and natural objects. 

I agree to inform all passengers of the inherent risks in this type of activity and confirm that all passengers understand and accept the inherent risks prior to partaking in this type of activity.

I acknowledge that I have received and read a copy of the Golf Cart Operating Instructions and that I understand and will adhere to said instructions. I acknowledge that I have also received a copy of the map provided by Comfy Birds, LLC, and that I agree to remain within designated area defined within the RED line.

I understand and agree that this WAIVER OF LIABILITY, ASSUMPTION OF RISK AND IDEMNIFICATION AGREEMENT is intended to provide Comfy Birds, LLC, its owner and managers, the maximum protection the State of Mississippi permits and that if any part of the WAIVER OF LIABILITY, ASSUMPTION OF RISK AND IDEMNIFICATION AGREEMENT is declared invalid, the remainder shall be in full force and legal effect, and any invalid clause shall be severed therefrom without affecting the validity of the remainder.

By my operation and use of the Golf Cart, I certify that I have read this WAIVER OF LIABILITY, ASSUMPTION OF RISK AND IDEMNIFICATION AGREEMENT, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this document freely and voluntarily, and that my acts of using the Golf Cart creates a contractual obligation that binds me, my spouse, my heirs, all legal representatives and assigns.

I Agree

By my operation and use of the Golf Cart, I acknowledge that if anyone is hurt or the property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Comfy Birds, LLC, on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at Comfy Birds, LLC, I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Golf Cart Use Period: From my Arrival Date/Time to Check-out Date/Time (CT) as identified in my booking reservation. 

By my operation and use of the Golf Cart, I certify that I am 21 years of age or older, have a valid driver's license, and automobile insurance. 

SUMMARY AND OTHER RULES:

• Responsible party must be 21+ years old to use the Golf Cart.

• Do not use the Golf Cart if the State of Charge (SOC) is displayed and percentage is under 30% - you may have to tow it back to the cottage. 

• Best to keep SOC above 75% and charge it after each time you use it for uninterrupted use. 

• Responsible party accepts all financial responsibility for any/all damage. 

• The golf carts are to be driven just as you would drive a regular vehicle. All speed limits, traffic signs and laws must be obeyed. This means you can get pulled over and can be issued citations, even a DUI.

• The rules of the road applies, just like you are driving a vehicle. 

• Familiarize yourself with the Ocean Springs Ordinance regarding the use of Golf Carts (as provided to you, also see the Golf Cart manual in the unit). 

• All golf carts must remain only on paved, public roads. Do not drive on or park on the sand, sidewalks, water, piers, etc. Driving on the beaches or private property is strictly prohibited. 

• Wear seatbelts at all times – yes, you can be ticketed! 

• Children are NOT permitted to ride on laps or share seatbelts and must ride in a car seat or booster seat if required by law in a regular vehicle. 

• No more than 6 passengers 

• Refusal to follow these rules can result in the confiscation of cart.

• Golf Cart must remain within the mapped area. Stay South of Hwy 90 and no further East of Holcomb Blvd. A map of the golf cart area was provided to the Guest and you can find it in the Welcome Book. A minimum of $75 charge, if golf carts go outside of this boundary. 

• THE CART IS MONITORED! 

• Golf Cart is equipped with Bluetooth sound system.  Please keep sound level to a medium, since high levels of music can blow out the sound bar. No refunds for any connectivity issues.  

• Guest are encouraged to bring their own wireless Bluetooth speakers, for back up. 

• If carts are being misused, they will be confiscated and no refunds will be issued. 

• If carts are returned late, the responsible party will be charged $25 per every 15 mins late. 

• Cleaning and/or damage fees may also be applied if not returned in the same condition.

If there is an accident or if the cart breaks down, do not push, tow or move the vehicle. In the event of accident, call 911 first. Then, call us at 228-800-0079 immediately.