LICENSE TO USE PROPERTY AGREEMENT

For good and valuable consideration, this License to Use Property Agreement (“Agreement”) is entered into by and between AVR Services LLC (“Licensor”) and the individual who accepts these terms online as described above (“Licensee”), whose identity and contact information are those associated with the reservation completed through Licensor’s online booking platform (the “Reservation”). The Licensor and Licensee are referred to collectively as the “Parties” or singularly as a “Party.”

WHEREAS, the Licensor has agreed to license the use of the property pursuant to the terms set forth herein and the terms set forth in the online reservation, identified by the Reservation Code (“Res ID”) displayed in your booking confirmation, which are incorporated herein as to property address (referred to as the “Property” or “Premises”), price, dates, cancellation policy and house rules;

WHEREAS, Licensee hereby agrees that the Property shall be used for lawful purposes only and shall be used in accordance with all appropriate Federal, State, and local regulations and laws and in accordance with the terms herein.

IN CONSIDERATION of the foregoing, the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Licensee/Guests. The Licensee shall not exceed the number of occupants the Licensee has booked for. No additional day or night visitors are permitted to access the Property. If it is determined that this provision is violated, the Agreement will be immediately terminated and the Licensee agrees that it will owe a liquidated sum of $10,000.00 to Licensor (per violation), which it acknowledges is a reasonable sum for its violation of this provision. There will be no refunds if the Agreement is terminated under this provision. The Licensee shall use the Property for residential purposes only. Licensee is prohibited from hosting events and permitting any commercial filming at the Property. If it is determined that there was an event at the Property or commercial filming, the Agreement will be immediately terminated and the Licensee agrees that it will owe a liquidated sum of $10,000.00 to Licensor (per violation), which it acknowledges is a reasonable sum for its violation of this provision. There will be no refunds if the Agreement is terminated under this provision.

2. Term. The term shall start and end on the dates and time set forth in the Res ID. Check in shall be at 4:00 PM. Check out will be 10:00 AM. In the event that the Licensee stays beyond the dates booked as more fully set forth in the Res ID, Licensee will be obligated to pay the Licensor the greater of the sum of $5,000.00 per day or five times the Licensee’s average daily rate for each day Licensee occupies the Property beyond termination date.

3. Condition of the Property. Licensee acknowledges and agrees that the Property is AS IS and that no warranties or representations have been made by the Licensor as to its condition. Licensor reserves the right to change the furniture and furnishings prior to the start date of the reservation and that some amenities may not be available as set forth in the Res ID. Licensee understands that Licensor has this right and such changes shall not relieve the Licensee of its obligations herein nor allow it to discount any monies owed, terminate the Agreement or otherwise seek a refund of monies paid to the Licensor.

4. Termination. Licensor may cancel the Agreement upon written or oral notice for any reason at any time. Upon such termination, Licensor shall refund all monies paid to Licensor by Licensee if the termination happens prior to the start date of the reservation as set forth in the Res ID. Upon termination of this Agreement by Licensor, Licensee acknowledges and agrees that Licensor will terminate all rights to use the Property and that Licensor will have no further liability to Licensee and Licensor waives all claims for such termination in law and in equity.

5. Smoking. There is no smoking permitted in the interior of the Property. If it is determined that there was smoking in the interior of the Property, the Agreement will be immediately terminated and the Licensee agrees that it will owe a liquidated sum of $10,000.00 to Licensor (per violation), which it acknowledges is a reasonable sum for its violation of this provision. There will be no refunds if the Agreement is terminated under this provision.

6. Drug Use. There is a zero tolerance for drug use in the Property. If it is determined that there was drug use at the Property, the Agreement will be immediately terminated and the Licensee agrees that it will owe a liquidated sum of $10,000.00 to Licensor (per violation), which it acknowledges is a reasonable sum for its violation of this provision. There will be no refunds if the Agreement is terminated under this provision.

7. Indemnification and Hold Harmless. Licensee agrees to indemnify and hold harmless Licensor from any and all claims, suits, damages and liabilities, including Workers’ Compensation claims, resulting directly or indirectly from a cause of occurrence in, upon, at or from the use of the Property and equipment therein, which shall include Licensor’s attorney’s fees and costs, which Licensee must pay. Licensee shall hold Licensor free of any responsibility for any loss or damage arising from personal injury, death or loss or damage from the Property including any personal property brought to or left at the Property.

8. Liability of Licensee. Licensee is liable for any and all personal injuries or damages incurred while on the Property and during the term of the Agreement, including injuries or damages sustained by guests and third parties. Licensee agrees that Licensee shall be solely liable for any loss of property, personal injury or damages to any individuals invited to the Property or otherwise present at the Property.

9. Damages. Licensee is responsible for any and all damages to the Property or the contents of the Property incurred during the term of the Agreement.

10. Notices. All notice to Licensee under state or federal law are waived by the Licensee. Any notices to the Licensor shall be sent to AARON RESNICK, ESQ., at 100 BISCAYNE BLVD. SUITE 1607, MIAMI, FLORIDA 33139 and must be sent by certified mail, return receipt requested.

11. Assignment/Sublet. The Agreement may not be assigned by Licensee. Licensee cannot sublet the Property.

12. Parties (No Parties Permitted). Licensee shall not have any parties at the Property. If it is determined that there was a party(ies) at the Property, the Agreement will be immediately terminated and the Licensee agrees that it will owe a liquidated sum of $10,000.00 to Licensor (per violation), which it acknowledges is a reasonable sum for its violation of this provision. There will be no refunds if the Agreement is terminated under this provision.

13. Miscellaneous. This Agreement is binding upon the Parties hereto and shall not confer any rights or remedies upon any third persons without express written permission. No amendment hereof nor addendum hereto shall be valid unless in writing and agreed to by all Parties. Any term or provision contained in this Agreement which is found to be invalid or unenforceable shall not affect the validity or enforceability of the remaining terms and provisions. There will be no refund issued if the Agreement and use is terminated if the Property was used for any other purpose other than as described above or agreed upon. Any fines etc. incurred for any reason during the term of this Agreement will be the responsibility of Licensee.

14. Noise and Safety. The Property is located in a residential area and as such is subject to the City ordinances governing such an area as well as rules of a condominium association and/or homeowner’s association where applicable. Noise in particular needs to be managed effectively. Use of the outside portions of the Property needs to be kept to a minimum. If the patio/balcony is used for any reason it needs to be supervised for noise levels and occupancy levels. All reasonable safety measures must be enforced by Licensee and all local, State and Federal laws observed as well as the rules of a condominium association and/or homeowner’s association. If there is a noise violation, the Agreement will be immediately terminated and the Licensee agrees that it will owe a liquidated sum of $5,000.00 to Licensor (per violation), which it acknowledges is a reasonable sum for its violation of this provision. There will be no refunds if the Agreement is terminated under this provision.

15. Compliance with All Laws. The Property shall not be used in any way which will:

1. Violate City, County, State or Federal laws;
2. Constitute a nuisance;
3. Impair the character or appearance of the Property or its value;
4. Cause discomfort, inconvenience or annoyance to the surrounding neighbors; and
5. Deface the walls, floors, carpeting, surfaces or contents of the Property in any way.

16. Waivers; Authority. No waiver of any provision of this Agreement shall be valid unless the same is in writing and agreed to by the Party against whom such waiver is sought to be enforced. No valid waiver of any provision of this Agreement at any time shall be deemed to be a waiver of any other provision of this Agreement. The Parties hereby warrant and represent that the individual accepting this Agreement is duly authorized and empowered to enter into and accept this Agreement on behalf of the Licensee.

17. Governing Law; Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Florida, Miami-Dade County, without giving effect to any choice or conflict of law provision, and the sole jurisdiction and venue shall be in a court of competent jurisdiction situated in Miami-Dade County, Florida. The Parties agree to waive personal jurisdiction objections in connection with this Agreement and the breach of the Agreement shall be submitted to the exclusive jurisdiction of the Courts of the State of Florida and shall be governed by the laws of the State of Florida. Licensee stipulates to personal jurisdiction in the State of Florida and waives any defense related to personal jurisdiction, venue or forum non conveniens, and agrees that Licensee shall not file a motion to dismiss for lack of jurisdiction, for improper venue, to transfer venue or to dismiss for forum non conveniens. All notices and other communications shall be in writing and sent by registered or certified mail, postage prepaid. If any provision of this Agreement is invalidated by a court of competent jurisdiction, then all of the remaining provisions shall remain in full force and effect, provided that all Parties may still effectively realize the complete benefit of the promises and considerations conferred hereby.

18. Arm’s-Length Construction. The Parties acknowledge that this Agreement has been voluntarily and consensually agreed to at “arm’s length.” Consequently, the Parties agree that no rule of construction which would result in an interpretation or construction in favor of or to the detriment of one of the Parties or the other shall apply in construing or interpreting this Agreement or any provision hereof.

19. Liens. Licensee shall not have the right or authority to encumber the Premises or permit any person to claim or assert any lien for the improvement or repair of the Premises made by or at the direction of Licensee.

20. Refunds. Other than the refunds permitted herein for timely notice of cancellation, there will be no refunds to the Licensee for any reason, and Licensee waives the right to request a refund and/or to ask Licensee’s credit card company to dispute the charge for the use of the Property. Licensee shall be liable to Licensor for any and all chargeback fees and costs as well as interest on any such chargeback at 18% or the highest rate permitted by law, whichever is greater.

21. Radon Gas. Licensor makes the following RADON GAS disclosure. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida and other states. Additional information regarding radon and radon testing may be obtained from your county public health unit.

22. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto with respect to the matters set forth herein and supersedes all prior Agreements (whether oral or in writing). Any Agreement to amend or modify the terms and conditions of this Agreement must be in writing and agreed to by the Parties hereto.

23. Non-Disparagement. Licensee agrees not to make, post, publish, or cause to be published any false, misleading, or defamatory statements—whether written, oral, or online—about the Licensor, the Property, or any services provided. Any violation of this provision shall constitute a material breach of this Agreement and entitle the Licensor to seek all available remedies in law and equity, including but not limited to injunctive relief, actual and consequential damages, and recovery of all attorneys’ fees and legal costs incurred as a result of such breach. Nothing in this Section shall be construed to prohibit, penalize, or restrict any truthful or honest review or communication protected by the federal Consumer Review Fairness Act (15 U.S.C. § 45b) or any other applicable law.

24. Breach. If the Licensee violates any term of this Agreement, including raising a defense as to jurisdiction, venue, or forum non conveniens, it will be in breach of this Agreement and shall be liable for damages related to same in addition to attorney’s fees and costs.

25. No Waiver by Conduct. The waiver by any party of any breach of any provision, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of such provision, covenant or condition or the breach of any other provision, covenant or condition of this Agreement.

26. Opportunity to Consult Counsel. The Parties acknowledge and agree that this Agreement constitutes written advice to consult with an attorney prior to accepting this Agreement, and that they have, in fact, conferred with counsel of their choice regarding this Agreement or waived the right to do so. Further, the Parties acknowledge and agree that they have had a reasonable amount of time within which to review this Agreement, and they have received all information required to knowingly accept this Agreement.

27. Electronic Acceptance. Licensee acknowledges and agrees that acceptance of this Agreement by electronic means—including by checking the acceptance box, clicking “I Agree,” and/or completing the Reservation—constitutes the knowing and voluntary acceptance of this Agreement and is legally binding to the same extent as a handwritten signature. The Parties agree that this Agreement is governed by, and Licensee’s electronic acceptance is valid and enforceable under, the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.) and the Florida Uniform Electronic Transaction Act (Chapter 668, Florida Statutes). Licensor’s electronic records evidencing Licensee’s acceptance—including the Reservation Code, the date and time of acceptance, and the associated account, email, and/or IP address—shall constitute conclusive evidence of Licensee’s agreement to these terms.

28. Disclaimer of Warranties. THERE ARE NO WARRANTIES, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE REGARDING THE MERCHANTABILITY, FITNESS, OPERATION, PERMITTED USE OR USE OF PROPERTY FOR ANY PARTICULAR PURPOSE. Licensee acknowledges that Licensor hereby disclaims all representations and warranties, whether express or implied, concerning the Premises and any furnishings, appliances and amenities located thereon.

29. Conduct; Compliance with Rules. The Licensee covenants and agrees that Licensee shall not commit or allow to be committed any act constituting a nuisance or breach of peace nor permit any unlawful or immoral practice to be committed or carried on therein whether by Licensee or any other person whomsoever; Licensee shall not permit said Premises to be used for any purpose that will increase the rate of insurance thereon, nor keep or use or permit to be used in or on said Premises, or in or on any place contiguous thereto, any flammable fluids or explosives; nor permit said Premises to be used for any purpose of trade, business or entertainment, garage sales, or for the placement of signs of any nature. Licensee agrees that use is subject to compliance with all applicable Rules and Regulations, as they may be amended from time to time.

30. Damages on Termination. Upon termination of this Agreement, Licensee is obligated to pay Licensor for any damages to the Property.

31. Access by Property Manager. Licensor’s property manager shall be permitted to access the Premises for any reasonable reason with or without notice so long as it is for a proper purpose.

32. Prevailing Party Fees. In the event of any litigation arising out of or related to the Property or this Agreement, the prevailing party shall be entitled to an award of the attorneys’ fees and costs incurred in bringing such action, including all appellate fees and costs as well as all costs of collection.

33. No Alterations. The Licensee agrees that no alterations, additions, movement of furniture or improvements shall be made to the Property without the prior written consent of the Licensor, which may be withheld in Licensor’s sole discretion.

34. Licensor Repairs. The Licensor shall have the right to make any such repairs, additions, and alterations to the Property as it deems necessary for the safety, preservation, and restoration of the Property, or for the safety or convenience of the occupants thereof.

35. Emergencies. In case of any emergencies during the term of the Agreement, Licensee agrees to immediately contact the Licensor or Licensor’s designated representative.

36. Authority to Accept. Any individual accepting this Agreement on behalf of the Licensee represents and warrants that he or she has the full and requisite authority to do so.

37. Binding Effect; Severability. This Agreement is binding upon the Parties hereto and shall not confer any rights or remedies upon any third persons without express written permission. Any term or provision contained in this Agreement which is found to be invalid or unenforceable shall not affect the validity or enforceability of the remaining terms and provisions.

38. Compliance with Requests; Fines. Licensee shall comply with all reasonable requests of the Licensor. Licensee agrees to pay any fines imposed by municipalities or other agency for any such violations and shall pay such fines at such time that said fines are levied.