New Beach Home*Dramatic Sunrises*Sleeps 12 - Freeport

PROPERTY LICENSE AGREEMENT

1. PARTIES: The parties to the License are Beachfront Stays (“Innkeeper”) and (“Guest”), who is the same person who books through Online Agent.
2. PROPERTY: The real property located at the address shown after booking. (“Property”).
3. OCCUPANCY AND USE OF PROPERTY: The Property is designated as a non-smoking property, including the decks and grounds. No leasing to persons under 25 years of age. All Licenses will be at the discretion of Innkeeper or Manager. No spring break, prom, graduation, bachelor or bachelorette parties, or un-chaperoned groups will be permitted without specific written approval. Keys will not be released to any person less than 25 years of age. The County Sheriff’s Department is notified in advance of all approved non-family events. Any non-pre-approved, non-family events discovered to be occurring on the Property will result in immediate revocation of the License without recourse. Illegal drugs discovered by any authority or property manager located anywhere on the Property during the term of this License shall result in immediate revocation of the License without recourse Guest shall not assign this License or sublet any part of the Property.
4. NO SMOKING: Absolutely no smoking, including by not limited to cigarettes, cigars, marijuana or otherwise, is allowed on the Property and smoking on property is grounds for License termination and non-refund of entire License payment. Guest is subject to a $500.00 additional cleaning and de-smoking fee if evidence of smoking is found on the Property. Guest shall notify Innkeeper of evidence of smoking within 1 hour of arrival to avoid additional cleaning fee.
5. MAXIMUM OCCUPANCY: The recommended maximum occupancy is indicated on the booking site. Due to the capacity of the septic system, exceeding the maximum capacity is prohibited. All occupants’ names must be listed and verified in advance of Guest’s stay. No unverified guests are allowed on the Property. If more occupants enter the Property than that which is on the booking, without Innkeepers expressed approval, this License is automatically terminated WITHOUT REFUND and all occupants will be required to vacate immediately. For special requests outside of the house rules or the License Agreement, please inquire in advance BEFORE instant booking.
6. AMOUNT: Guest shall pay as License payment, applicable fees, and additional charges as requested and described in the booking and payment request through online agent or hosting site.
7. TERM: The term of this License commences on the date of the booking request described by Agent unless terminated earlier by reason of other provisions. Check-in time is 4:00 PM on the first stay of the booking and Check-out time is 10:00 AM on the final day of the booking. If an early check-in or late check-out is expressly granted, then the term of this License is adjusted accordingly to the allowed early check-in time or late check-out time.
8. PROPERTY CONDITION UPON ARRIVAL: Property condition issues including insufficient cleanliness, inoperable fixtures, or other issues readily apparent must be notified to Innkeeper within 1 hour of check-in time. Refunds will not be provided for issues not identified to Innkeeper within 1 hour of check-in.
9. WEATHER RELATED AND REFUNDS: Due to the availability of travel insurance, all refunds are limited to the hosting site’s cancellation policy. No refunds will be provided for Guest illness, travel delays, lost luggage, family emergencies, poor weather, beach restrictions, local events, or similar instances. Travel Insurance is highly recommended. For more information on travel insurance, contact Allianz, Rental Guardian, Gemini, Travelers, GEICO or others directly. The hosting site also has travel insurance options. There are no refunds for rainy days, overcast skies, hurricanes and/or tropical storms. There are no extra charges for sunshine.
10. FORCE MAJEURE: In the event that Guest’s stay at the Property becomes impossible for any reason outside Innkeeper’s control, including but not limited to: (1) acts of God, (2) strikes, lockouts or other industrial disturbances, (3) acts of public enemies, terrorist acts or war, (4) acts, priorities or orders of any kind of the federal or state government or any of their departments, agencies, subdivisions, or officials, (5) any civil or military authority, insurrections or riots, (6) landslides, lightning, earthquakes, fires, hurricanes, storms, tornados, floods, washouts or droughts, (7) outbreaks, epidemics, pandemics, travel restrictions, quarantines or related governmental acts, (8) arrests, restraint of government and people or civil disturbances, (9) explosions, breakage or accidents to machinery, transmission pipes or canals, (10) shortages of labor or materials, (11) delays of carriers, and (12) partial or entire failures of utilities or shortage of energy. Innkeeper may choose to cancel Guest’s booking and issue a full refund or booking credit of the amounts paid to Innkeeper, if Innkeeper cannot provide the Property due to a Force Majeure. For purposes of clarification, no refund or credit is due (or will be made) to Guest unless Innkeeper initiates the cancellation. Guest and Guest’s invitees must comply with any mandatory evacuation order. If for any reason, Innkeeper is unable to deliver the Property to Guest for the rental period contracted (i.e. the Property is damaged by an Act of God) Innkeeper shall refund Guest’s money in full. All REQUESTS for cancellations including but not limited to: reservation date modifications. Once Guest’s reservation is confirmed with the advanced payment and the signed contract, any cancellation and or changes of date, or switching of accommodations under 30 days will initiate our cancellation policy. Reservation fee and limited damage waiver is not refundable. All cancellations or monies paid that result in refund will be charged a 5% cancellation fee on total monies refunded.
11. NOISE & NUISANCE: The Property is located immediately adjacent to a public beach on a road with vehicle access to the public beach. There are loud events throughout the year which may include vehicle, music, firework, construction and other noises. There are no refunds whatsoever due to noise or nuisance.
12. QUIET HOURS: The Property is located in a residential neighborhood and subject to local noise ordinances. Quiet Hours on the Property are between 10:00 pm and 7:00 am and no excessive noise is permitted.
13. VIDEO MONITORING AND RECORDING: The Property has a Ring video security recording system on the exterior of the house only that is NOT professionally monitored. Guest shall not touch or tamper with security cameras. This includes covering, blocking, moving, etc.
14. EMERGENCY SERVICES: For Fire, Police, or Emergency Medical Services, call 911. Emergency services are not available 24/7 on the island.
15. NON-EMERGENCIES: Call Innkeeper or the Galveston Police Department.
16. AIR CONDITIONING: Keep windows and doors closed when the air conditioner is in operation. Guest shall not tamper with the settings on the thermostat(s) including lowering the maximum or minimum temperature settings. Service calls for misuse or abuse will be added to Guest’s License cost.
17. REFRIGERATORS: Refrigerators will be empty or possibly a few essential items remaining. All refrigerators take some time to cool down after they have been filled from empty. It can take up to 24 hours to obtain a cool temperature, but normally 6-8 hours. Please consider using a cooler and ice if Guest have items that need to be maintained at an extremely cold temperature.
18. SEPTIC SYSTEMS: The Property’s septic system cannot take any items but septic safe toilet paper. All sanitary napkins, diapers, large wads of paper, food waste, etc. must be disposed of in garbage cans. Park all vehicles in the driveway or on the street. Parking or driving in the yard can cause severe damage to the system. Service calls for misuse or abuse will be added to Guest’s License cost. If more than the maximum occupancy stated on the booking are found to be at the Property without Innkeepers expressed approval, Guest shall be charged a $850.00 fee to pump the septic system plus any additional cost to repair damages to the septic system.
19. PARKING: Parking is limited to four (4) vehicles, and must be parked on the Licensed Property’s driveway only. Absolutely no parking or driving on the lawn due to possible damage to the Septic system. If more than 4 vehicles are parked on the Property without previous authorization, the License is automatically terminated. All of the above applies to Guest rented ATV’s, golf carts, or other vehicles. If there is any oil residue left in the driveway or garage, Guest is responsible for a $200 pressure washing fee.
20. ELECTRICAL, INTERNET, WIFI, SATELLITE, TELEPHONES AND OTHER THIRD-PARTY SERVICES: The Property is serviced by electrical & internet service providers. In the event that any third-party services are down either temporarily or for the duration of Guest’s stay, no refunds will be provided as service is generally out of control of Innkeeper. Innkeeper will attempt to make contact with any service providers to request that they restore service but there is no guarantee that services will be restored during Guest’s stay. Innkeeper does not offer refunds on WIFI issues as WIFI is provided at no additional charge.
21. SMART TV’S AND LIVE TV: The Property is equipped with smart televisions with login options to movie viewing and live television options. The Property does not subscribed to cable or satellite. Guests can use their own logins to view movies and or live TV through the apps on the smart televisions.
22. BARBEQUE GRILLS DANGER: Do NOT charcoal grill or barbeque on the deck; it is an extreme fire hazard, and is illegal. Do not grill in the garage. All charcoal grilling should be done on the ground level and far enough away from the house that the wind doesn’t threaten the fire. Do not grill or have open fires near the propane tank. Do not dump the ashes on the ground. Allow them to cool, then place in bags by the street. Damage to the deck will be added to Guest’s License cost. Innkeeper provides propane for the propane grill. Guest shall notify Innkeeper if the gauge is low. Minor cleaning by Guest may be necessary prior to use.
23. DECK FURNITURE: Deck furniture is provided for Guest’s convenience. Guest shall not take deck furniture to the beach. The beach is public property, and anything left out overnight may be taken.
24. GARBAGE: Guest shall use plastic liners in all cans and shall place all trash bags inside the outdoor trash cans for pickup, unless in Treasure Island, where Guest is responsible to remove all trash to community dumpsters shown at the location in the house manual. Guest shall not leave trash bags outside of exterior trash cans as birds will tear bags open.
25. CHECK OUT: Remove all items from the refrigerator, bag all trash, and place it in the containers. Set the thermostats at 75 degrees. Guest may lock keys and garage door opener inside on the kitchen counter. Dishes must be in the dishwasher and clean cycle started. Follow all additional checkout instructions included in House Manual.
26. CLEANING FEE: Guest’s payment does not include a cleaning fee. It is the responsibility of the Guest to return the Property in the same general condition of cleanliness it was received. This includes general cleaning, bagging and removal of all trash to outside trash cans, wiping down all countertop surfaces & furniture, clearing and wiping inside of appliances, sweeping all floors, mopping floors as necessary to remove spills, vacuuming all carpets, laundering used beach towels, cleaning sand from Beach Items, and placing all moved items back in original locations. It is the responsibility of the Guest to clean all pet messes inside and outside the property.
27. LAUNDRY AND SANITIZATION FEE: Guest’s payment includes a Laundry and Sanitization Fee (“Sanitization Fee”). This includes the removal and washing of all bed linens, bath towels and wash rags plus a detailed sanitization of all bathrooms & kitchen, mopping of all floors. Sanitization Fee does not include laundering of beach towels which is Guest’s responsibility.
28. REPAIRS AND MAINTENANCE: The Property is regularly maintained/serviced. During Guest’s stay it is possible that Guest may see the lawn get mowed, the lawn may be sprayed for pests/mosquitos, trash may be picked up, septic may be inspected (required quarterly by the county), water meter may be read by the water company, the underground propane tank may be inspected regularly per the county, the air conditioner may have routine preventative maintenance. Since the property is located on a small remote peninsula, there are limited providers of the services listed above. It is not uncommon due to the limited providers that Inkeeper is not notified when a service provider will show up or they may show outside of an arranged time-slot. Most of the items needing maintenance are on the exterior of the house (a/c units, septic, yard, propane, etc.). However, they are nevertheless on the Property. In the event that a maintenance tech needs to access the interior of the Property, Guest shall grant access. They will knock and ask permission and Guest shall allow reasonable access so they may properly maintain the Property. Please keep in mind that we have tried to set everything up to ensure Guest have a wonderful stay. We error on the side of slight inconvenience over an emergency type problem.
29. LINENS: Innkeeper shall provide pillows, and all bedding for all beds, one (1) towel per guest, two (2) hand towels per bathroom, wash clothes, kitchen towels. Guest shall not take bath towels to the beach. Do not use chlorine or bleach on the towels. Missing or damaged items will be charged to Guest’s credit card.
30. PAPER GOODS: Innkeeper shall supply two (2) rolls of toilet paper per bathroom, one (1) roll of paper towels, and trash bags.
31. BEACH TOWELS: Beach towels are not guaranteed to be provided by the Innkeeper. In the event that Innkeeper elects to provide beach towels for Guest’s optional usage, it is the responsibility of the Guest to launder beach towels and leave them dried in the dryer upon checkout. Guest shall be responsible for damaged or missing beach towels up to $20.00 per towel damaged or missing.
32. BEACH ITEMS: Innkeeper may elect to leave beach toys & beach chairs (“Beach Items”) at the Property which Guest may utilize. Innkeeper does not guarantee the quality, newness, or functionality of Beach Items. If damages are caused by negligence or intentionally, which shall be decided at the sole discretion of Innkeeper, Guest shall be responsible for the direct replacement cost plus $50 for processing. Guest shall not leave Beach Items at the beach unattended as they may be taken. Missing beach items are the responsibility of the Guest. Guest shall wash off all sand and return all Beach Items where they were originally found.
33. PETS: Up to two (2) small dogs under 25 pounds are allowed for a non-refundable Pet Fee. Bringing additional or unauthorized pets is a violation of the license. Guests shall not allow pets on beds or furniture. Property will be black lighted, and a minimum additional cleaning fee of $100 assessed for any evidence of pets being allowed on furniture. No cats or other animals are allowed. It is the Guest’s responsibility to clean up pet urine and excrement. If either is found in house, guest shall be responsible for a separate minimum additional cleaning fee of $200.
34. FLAGS: Guest shall lower any flags if the winds are expected to exceed 50 MPH during Guest’s stay.
35. ABOVE GROUND POOLS: No above ground pools are allowed to be brought to the property.
36. INSPECTIONS: Manager may enter the Property at all reasonable times to inspect, complete, repair or replace the improvements.
37. GUEST DAMAGE AND LOST ITEMS: Guest shall be responsible for all Innkeepers expense of repairing and/or replacement of any damaged or missing/lost the Property caused directly or indirectly by the acts or omissions of the Guest or any other person therein or thereon by the consent, invitation, or sufferance of Guest. Common damaged and lost items with their respective replacement cost are as follows: stained/damaged bedding sets - $120, stained/lost towels - $20, damaged/lost throw blankets - $50, damaged/lost beach chairs - $75.
38. JACUZZI: If the property is equipped with a jacuzzi, Guest shall operate in accordance with the operational instructions provided in the house manual. Operating the jacuzzi pump system WITHOUT WATER WILL DAMAGE THE JACUZZI PUMP. If the jacuzzi pump is damaged as a result of misuse and or operation of system without water in the tub, Guest will be responsible for repairs of $500.
39. WARNING ABOUT COMBUSTIBLES: No gasoline cans, or other holders containing combustible materials, filled or not, are to be placed at the Property at any time due to the possibility of ignition or combustion.
40. WARNING ABOUT OPEN FLAMES: Guest shall not cook, grill, or have open flames on the Property due to the possibility of combustion.
41. WARNING ABOUT FIREWORKS: No fireworks are allowed on or around the Property including any public streets adjacent to the Property. A $500.00 cleanup fee will be assessed if evidence of fireworks is found.
42. WARNING ABOUT POTENTIALLY DANGEROUS ANIMALS: The Property is located on the Texas coastline with wildlife including snakes, alligators, sharks, sting-rays, fish, mosquitos, wild pigs, jelly fish, man of war, and many other potentially dangerous animals. Guest understands, accepts all risks, and holds Inkeeper harmless from all contact or injury with all wildlife. Contact with all wildlife including MOSQUITOS shall not be reasoning for Guest to negatively review Guest’s experience or Innkeeper’s performance.
43. WARNING ABOUT BURWEEDS: Lawn burweed exist up and down the Texas coastline and are an invasive weed with spiked seeds that can be painful if stepped on. Innkeeper treats for these weeds but due to the winds and quantities of weeds in the dunes, it is impossible to prevent these weeds completely. It is recommended that Guest’s wear shoes in the yards.
44. REMOTES: Do not remove or relocate remotes from their respective rooms or locations.
45. VIDEO SYSTEM: Any changes to the programming of the audio video equipment may result in total loss of programming.
46. STANDBY GENERATOR: There is NOT an automatic standby generator at the Property. A loss of power is not in the control of Innkeeper and not reason for refund.
47. ELEVATOR/LIFT: Any lifts at the Property are not available for Guest use due to Inkeeper’s insurance requirements.
48. DECK SAFETY: The deck railings are not a secure means of preventing falls, and therefore must not be relied upon to contain the movements of children. There is always the possibility any part of the deck railing might fail resulting in serious permanent injury of death. Do not use the deck railing as sitting areas. Fireworks on the deck will burn the deck, and damages will be assessed to Guest. Fireworks discharged on the Property will result in the loss of deposit. Fireworks must be discharged on the beach only. A propane grill is provided for Guest’s convenience and must be kept at least 3 feet from any part of the Property or deck railings at all time when in use.
49. INNKEEPER’S CLOSET: Do not tamper with Innkeeper’s locked closets.
50. HURRICANE SHUTTERS: There are switches that operate the hurricane shutters at each window and door. Please do NOT operate the shutters as they could become stuck and require a professional to reopen. Cost of reopening will be at Guest's expense.
51. FIREPLACES: Guest shall not use or attempt to use any fireplace(s).
52. INDEMNITY: Guest shall indemnify Innkeeper and/or Manager from the claims of all third parties for injury or damage to the person or Property of such third party arising from the use or occupancy of the Property by Guest. This indemnification shall include costs and expenses incurred by Innkeeper and/or Manager, including attorney’s fees.
53. DEFAULT: If Guest fails to perform or observe any provision of the License, and fails to remedy same immediately after notice by Manager, Guest shall be in Default under this License.
54. TERMINATION: This License shall terminate upon (a) expiration of term, or (b) Guest’s Default under this License. Upon termination, Guest shall vacate the Property immediately. If Guest or their occupants do not immediately vacate voluntarily, Innkeeper will call the Sheriff’s Department to intervene.
55. LAW: Guest shall obey all applicable laws, restrictions, ordinances, rules, and regulations with respect to the Property.
56. HOLDING OVER: Any possession by Guest after termination shall not operate to renew or extend the term. A fee equal to the maximum daily rate will be assessed at one hour past check-out (“Hold Over Fee”). The Hold Over Fee does not extend Guest’s stay and Guest will still be expected to immediately vacate the premises. After 2 hours past checkout the Brazoria County Police will be dispatched to remove all occupants.
57. FEES: Innkeeper and/or Manager shall be entitled to recover any and all legal fees with relation to this License, plus all costs of such proceedings.
58. NOTICES: All notices by Guest shall be in writing and effective when delivered to the designated address for payment of the License payment.
59. PUBLIC REVIEWS: Innkeeper may at their sole discretion utilize Guest’s review(s) posted publicly to Booking Agent’s websites or on social media using Guest’s first name.
60. GUEST REVIEWS: In the event that Guest breaks any of the rules herein, Guest shall not leave retaliatory negative reviews in any circumstance.
61. LOST AND FOUND: Items left by Guest and found by Innkeeper will be held for 48 hours for Guest to retrieve from Innkeeper away from the Property. Guest shall not attempt to visit the Property without the accompany of the Innkeeper after checkout. After 48 hours, any lost-and-found items will be surrendered by Guest and removed from the Property by Innkeeper. Innkeeper is not responsible to ship or mail found items to Guest. If Innkeeper does elect to ship or mail items found to Guest’s address on file, Innkeeper shall receive a $50 processing fee and all cost to ship will be the responsibility of the Guest. Innkeeper does not guarantee delivery by shipping company.
62. CONSULT GUEST’S ATTORNEY: This is a legally binding contract. Read it carefully. If Guest do not understand the effect of this contract, consult Guest’s attorney before signing.
63. QUESTIONS AND/OR PROBLEMS: If Guest have any questions, or if Guest are experience problems with the Property, please contact Innkeeper immediately at (phone number hidden).
64. Upon Guest’s booking, Guest and Inkeeper agree to the foregoing and the Effective Date of this License shall be the date of booking.