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timeshare lease

this lease agreement (this "lease") is dated , by and between ("landlord"), and and the following tenants:

premises. landlord, in consideration of the lease payments provided in this lease, leases to tenant (the "premises") located at , , .

term. the tenant will have full control and use of the premises beginning on and will terminate at 11:59p.m. on .

lease payments. the total rental payment owed for this lease is payable in advance. a nonrefundable deposit of shall be paid on or before in order to reserve the tenants reservation. said deposit will be applied to the total rental payment. the balance of is due and must be delivered to the landlord on . lease payments shall be made to landlord at , , , which may be changed from time to time by landlord.

possession. tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to landlord on the last day of the term of this lease, unless otherwise agreed by both parties in writing. at the expiration of the term, tenant shall remove its goods and effects and peaceably yield up the premises to landlord in as good a condition as when delivered to tenant, ordinary wear and tear excepted.

minimum stay. this property requires a night minimum stay. longer minimum stays may be required during holiday periods.

use of premises/absences. tenant shall occupy and use the premises as a dwelling unit. tenant shall notify landlord of any anticipated extended absence from the premises not later than the first day of the extended absence. tenant will maintain the premises in good order and appearance including keeping the premises free of trash and garbage. reasonable wear and tear are the only exceptions to damage to the premises.

property insurance. landlord and tenant shall each be responsible to maintain appropriate insurance for their respective interests in the premises and property located on the premises. tenant shall also maintain any other insurance which landlord may reasonably require for the protection of landlord's interest in the premises. tenant is responsible for maintaining casualty insurance on its own property. it is recommended that travel or timeshare insurance is obtained by the tenant.

non-disturbance clause. tenant and their guests shall not disturb, annoy, endanger (fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes.

cancellations. (a) if the property becomes unavailable to the tenant prior to occupancy, for any reason, landlord agrees to refund the full amount paid to the date of cancellation, and tenant agrees to release any claims against landlord. (b) if, for any reason, the tenant cancels this agreement more than days from the arrival date, tenant will receive a refund of amounts paid, less a cancellation fee. for tenant cancellations made days or less, all monies are forfeited unless landlord is able to re-rent the property under the same (or better) terms and conditions of this agreement, for the full term reserved. if the property is re-rented under the same (or better) terms and conditions than this agreement, landlord will refund amounts paid, less a cancellation fee of . (c) there are no cancellations permitted within days of tenant arrival date. all amounts paid (reservation deposit and final payment) will be forfeited. failure to pay the final payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the reservation deposit.

smoking. smoking is strictly forbidden inside the property. smoking is only allowed "outside". evidence of smoking inside the property will result in immediate eviction and forfeiture of all amounts paid and will result in additional cleaning fee charges to tenant as excess damage cost and will be charged against the credit card on file or tenant's security deposit at landlord's election.

cooking. tenant may cook only in the specific areas set aside by landlord for cooking. no open fires are allowed other than in the grill, outdoor fireplace, or in the stone hearth. the grill must remain in open area, away from trees, house, etc. all fires must be thoroughly extinguished before leaving unattended .

cleaning. the property will be inspected and cleaned after departure. the rental fee includes laundry service for the towels and linens. tenant is required to leave the property in the same general condition that it was received in by making sure that the dishes are washed and put away, and the house is generally picked up and ready to be vacuumed, dusted and laundered.

hot tub. tenant acknowledges, and is fully aware that the hot tub can be dangerous and slippery. injury can be caused by careless acts. the undersigned tenant and their visitors accepts and assumes all risks involved in or related to the use of the hot tub.

other recreation. as well as with any other activities participated in while on the premises, including but not limited to: all boating activities (sailing, kayaking, canoeing and the like), fishing, biking, hiking and various lawn games as may be available from time to time on the property and grounds.

cumulative rights. the rights of the parties under this lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.

casualty or destruction. (a) should the property be destroyed or rendered uninhabitable by an act of god (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by tenant, this agreement shall become null and void, and all payments made hereunder shall be refunded to tenant. (b) should the property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between tenant and landlord based on the following: no refund is due (or will be made) for inclement weather.

notice. notices under this lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. such addresses may be changed from time to time by either party by providing notice as set forth below. notices mailed in accordance with these provisions shall be deemed received on the third day after posting.

landlord:

tenant:

such addresses may be changed from time to time by either party by providing notice as set forth above.

governing law. this lease shall be construed in accordance with the laws of the state of .

entire agreement/amendment. this lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this lease. this lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

severability. if any portion of this lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. if a court finds that any provision of this lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

waiver. the failure of either party to enforce any provisions of this lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this lease.

binding effect. the provisions of this lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.

arbitration. notwithstanding the foregoing, and anything herein to the contrary, any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. if the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. the third arbitrator so selected shall arbitrate said dispute. the arbitration shall be governed by the rules of the american arbitration association then in force and effect.

cause for eviction. the tenant and all parties with the tenant will be subject to immediate eviction from the property if the tenant or parties of the tenant violate any terms of this agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. in the event of eviction from the property, the tenant shall forfeit all amounts paid and there will be no refund of money.

attorney's fees and costs. if landlord employs the services of an attorney to enforce any conditions of this agreement, to collect any amounts due, the eviction of the tenant, or because tenant takes any action to recover deposits not due, tenant shall be liable to landlord for reasonable attorney's fees and costs incurred by landlord.

acknowledgment. the parties hereby understand and accept the terms and conditions on all pages of this agreement.