Terms and Conditions Sea Duck Cottage

SHORT-TERM VACATION RENTAL AGREEMENT

Sea Duck Cottage, LLC • Effective for Reservations in 2026–2027

This Short Term Rental Agreement (the “Agreement”, or “Rental Agreement”, “Short Term Rental Agreement”) is made electronically by and between Sea Duck Cottage, LLC (“Owner”), (“we”), (“us”), (“our”) and Guest (“Guest”), (“you”), (“your”), (“Renter”), through your submission, Owner’s acceptance, and your payment for the dates and prices reflected in your online booking. Please be sure to read this Rental Agreement in its entirety, as well as our website’s Terms & Conditions, and Privacy Policy located at: SeaDuckCottage.com

IMPORTANT SUMMARY — Please read before booking:

All rental payments are non-refundable. Read the cancellation policy carefully and strongly consider purchasing travel insurance with medical coverage.
You are releasing Sea Duck Cottage LLC and the homeowner from certain types of liability and agreeing to assume certain risks on behalf of yourself and each individual present during the stay.
This Agreement requires claims to be resolved through binding Arbitration.
This Agreement contains a Jury Trial Waiver and a Class Action Waiver.

Your online booking constitutes an electronic signature on this contract, and you are acknowledging and agreeing to each and every term included in this Rental Agreement, without reservation or exception, as well as any applicable rules, policies, and terms or conditions specific to your selected property. Therefore, for good and valuable consideration, the sufficiency and receipt of which is acknowledged, the parties, intending to be legally bound, agree as follows:

VACATION RENTAL PROPERTY LOCATION

The property for this short-term vacation rental is located at: 39 Moosabec Shores, Jonesport, ME 04649.

VACATION RENTAL PROPERTY DESCRIPTION

Two single-family homes exist on the lot at 39 Moosabec Shores, Jonesport, ME 04649. Both are available for short-term vacation rental. You may rent one or both. The price of your rental will depend on which option you choose (the larger house, the smaller house, or both) and will be reflected on the online booking rental receipt.

MINIMUM AGE

You certify that you are at least 25 years of age.

MINIMUM LENGTH OF STAY & SPECIAL RENTAL RATES

Seasonal demand may affect minimum length-of-stay requirements. A minimum one-week stay is required during the months of May, June, July, August, and September. Premium rental rates may apply to high-demand weekends and holidays; please check your online booking carefully before payment. Published rates are subject to change without notice. However, once booked, your confirmed rental rate will not change. Rental rates do not include the Maine State lodging tax (currently 9%) or any booking fees charged by third-party booking sites.

CHECK-IN / CHECK-OUT TIME

Check-in time is after 4:00 p.m. on the first day of the reservation. Check-out time is before 10:00 a.m. on the last day of the reservation. No early check-ins or late check-outs are permitted without prior written approval from Owner.

PERSONAL DATA

You consent to our use of your personal data in accordance with our Privacy Policy located at SeaDuckCottage.com. Do not sign this contract unless you and everyone in your party has read and agrees to be bound by its terms. You certify that you have obtained permission from all persons in your party to legally bind them as parties to this Agreement, and to disclose their personal details to us, including health conditions, disabilities, and dietary requirements where relevant. We will only disclose personally identifiable information without your permission when required by law, or in good faith belief that such action is necessary to protect against harmful activities against us, our guests, neighbors, visitors, contractors, or the property.

ACCESSIBILITY FOR THOSE WITH DISABILITIES

We are committed to accommodating the needs of all guests. Please be mindful that you are booking a vacation rental in a home constructed as a private single-family residence, and not every area may be fully accessible.

The Large Cottage is a single-level house. The Small Cottage is a two-story house. Both houses have exterior porches requiring stairs to enter. The Small Cottage has one step at the front door and three steps at the rear. The Large Cottage has two steps at the front door and five steps at the rear. There is no elevator on the property, and bedrooms and bathrooms do not meet ADA accessibility requirements.

By entering into this Agreement, you accept the property “as is” and certify that the property’s configuration will not cause difficulty or danger for you or anyone in your party. Guests use the property at their own risk.

LIMITED SHORT-TERM RENTAL ONLY

This is a short-term, transient vacation rental and is not a lease or long-term residential tenancy agreement. The Vacation Rental is not intended to be used as a primary residence. This Agreement is only for the licensed use of the property for the stated reservation dates. It creates no ownership, partnership, lease, or property rights and no right to renewal or recurring usage.

If you or anyone in your party refuses to vacate the property after your reservation ends, the extended stay will be day-to-day only and will not constitute a renewal. You will be in default and liable for three (3) times the weekly rental rate for each additional week or portion thereof, plus the actual costs of refunding and re-accommodating future guests. You may not sublet the Vacation Rental or assign any interest in this Agreement.

MAXIMUM OCCUPANCY

The Large Cottage accommodates a maximum of 10 persons. The Small Cottage accommodates a maximum of 6 persons. These limits apply to all overnight guests, day visitors, and children combined. Occupancy over the indicated capacity may result in immediate termination of this Agreement, eviction without refund, and forfeiture of all rental payments, unless prior written approval has been obtained from Sea Duck Cottage LLC.

CHILDREN

Children are welcome. All children under the age of 12 must be under the direct and constant supervision of a responsible adult at all times, both indoors and outdoors.

RENTAL OF PREMISES

Guest is an adult who will occupy the property for the entire rental period. You agree to be present at the Vacation Rental for the full duration of your reservation and to be responsible for the actions and behavior of all individuals present. You agree to ensure that all occupants are aware of and comply with this Agreement. If you are bringing a minor, you are solely responsible for that minor’s supervision throughout the stay.

Occupants must be family members, friends, responsible adults, or children under direct adult supervision. The Rental Cottage may not be used for any large party, function, or gathering beyond posted occupancy, including but not limited to weddings, concerts, receptions, or other events. This Agreement may not be assigned to a third party without the express written consent of Sea Duck Cottage, LLC.

VACATION RENTAL DISCLOSURE

Renting a single-family home is different from booking a hotel. Sea Duck Cottage, LLC does not operate 24 hours a day, does not maintain a 24/7 emergency line, and resources outside of normal business hours are limited. There is no front desk, onsite maintenance personnel, or onsite cleaning crew.

There may be signs of prior occupancy, including kitchen items, seasonings, condiments, and guest book entries. All guests should be familiar with the general operation of a single-family home, as you are responsible for your own cleaning and laundry during your stay. Please read all available safety and security information, including the House Rules.

RENTAL RULES

Guest and all members of the Rental Party agree to abide by all local, state, and federal laws and regulations. Guest and all persons permitted on the property agree to follow the House Rules in Exhibit A, and any additional guidelines in the Welcome Book and House Rule Book located inside the house.

Violation of any rental rule may result, at the sole discretion of the Owner, in immediate termination of this Agreement without refund and immediate eviction of all Guests. The Owner’s decision is final and binding. At the end of the rental period, Guest shall leave the property clean, tidy, and in the same good condition as at check-in.

OWNER’S PERSONAL PROPERTY

The rental property contains a significant amount of the Owner’s personal property. Certain items may be subject to replacement, use, or improvement, provided they do not significantly affect Guest’s use and enjoyment. Personal property in the common areas is available for Guest use. Locked cabinets, closets, rooms, the garage, and other storage spaces are off-limits and may not be accessed or used by Guests.

SHORT-TERM RENTAL PERIOD

The rental period begins at 4:00 p.m. on the Check-in Date and ends at 10:00 a.m. on the Check-out Date, as reflected on the online booking receipt. No refunds will be issued for late check-ins or early departures, regardless of circumstance.

SPECIAL REQUESTS

Special requests must be submitted at the time of booking and confirmed in writing. We will make reasonable efforts to accommodate requests but cannot guarantee they will be met. No bookings are conditional upon special requests being fulfilled, and no refunds will be given if requests are not met.

PRICES

We reserve the right to amend advertised prices at any time prior to booking. We also reserve the right to correct errors in advertised or confirmed prices. You accept sole responsibility to verify the price of your booking at checkout. Additional charges, fees, and conditions may apply.

RENTAL PAYMENTS

All amounts due, including base rental rates, taxes, insurance, and miscellaneous fees, are displayed on the Online Booking Receipt at checkout. All payments except sales tax, booking fees, cleaning fees, and insurance are considered rent. No reservation is valid without a non-refundable deposit.

A non-refundable deposit equal to 50% of the total rent (plus applicable fees, taxes, and charges) is due at the time of booking. A RESERVATION IS CONSIDERED CONFIRMED ONLY WHEN THE GUEST’S NON-REFUNDABLE 50% PREPAYMENT IS RECEIVED.

The final balance in full is due ninety (90) days before the scheduled arrival date. If full payment is not received within ninety (90) days of the arrival date, the Guest is in default, the reservation is cancelled immediately, and all payments are permanently forfeited to Sea Duck Cottage LLC as liquidated damages. No refunds, credits, or future compensation will be issued.

Please review all dates and amounts carefully before submitting payment, as errors cannot be corrected after booking confirmation.

TRAVEL INSURANCE

There are no exceptions to our cancellation policy for any reason, including illness, family emergency, or weather. We strongly urge all guests to purchase travel insurance.

Trip cancellation insurance with medical coverage is reasonably priced and widely available. It is your responsibility to protect yourself and your party by purchasing adequate coverage. If you choose to travel without adequate insurance, you do so at your own risk.

Washington County, Maine is a remote area. The nearest hospital and emergency services may be some distance away. We recommend that your policy include medical evacuation coverage sufficient to transport you to the nearest major hospital or trauma center, and to return you to your home state if necessary.

SECURITY DEPOSIT

A refundable security deposit of $5,000 will be collected and held by Sea Duck Cottage LLC, unless you choose instead to purchase the accidental damage insurance policy described below. The security deposit will be refunded after your stay provided there is no damage to the property (whether intentional or unintentional) and no excessive cleaning fees.

DAMAGE INSURANCE IN LIEU OF SECURITY DEPOSIT

In lieu of a security deposit, guests may purchase a non-refundable accidental damage insurance policy with $5,000 of accidental damage coverage. The price of this coverage is subject to change.

You agree to assume financial responsibility for any unintentional damage to the structure, furnishings, amenities (e.g., deck, fire pit), or landscaping caused by your negligence. Costs will be submitted through your insurance claim for unintentional damage. Any damage exceeding the policy limit, or intentional damage, is your full personal responsibility.

Any damage must be reported to Sea Duck Cottage LLC before check-out. Please notify your Guest Contact of any pre-existing damage found at check-in to ensure proper responsibility is established.

CLEANING FEES

A cleaning fee is charged at the time of booking and covers housekeeping and deep cleaning after your departure. Additional mid-stay cleaning may be arranged for an extra fee, subject to availability. We cannot guarantee mid-week cleaning service but will make reasonable efforts to accommodate requests.

NO REFUNDS

Due to our remote location, the highly seasonal nature of Maine vacation rentals, and the perishability of our product in the event of a cancellation, this Short Term Rental Agreement is NON-CANCELLABLE and all payments made under this Agreement are 100% NON-REFUNDABLE and will be retained by Sea Duck Cottage LLC as liquidated damages in the event of cancellation.

Travel insurance is strongly recommended to protect your investment against unforeseen events.

CANCELLATIONS & UNFORESEEN CIRCUMSTANCES

FORCE MAJEURE: All funds paid to Sea Duck Cottage LLC are non-refundable unless otherwise stated. No refund is due if your stay becomes impossible for reasons outside our control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other government action. Inclement, unfavorable, or severe weather is not a force majeure event and does not entitle you to a refund or credit.

CANCELLATION BY SEA DUCK COTTAGE LLC: In the event we cancel your booking for reasons other than force majeure, you will be notified as quickly as possible. Sea Duck Cottage LLC’s liability is limited to a refund of the rent paid; we are not responsible for any additional travel costs or arrangements.

EVENTS BEYOND OUR CONTROL: Except as expressly stated in these Terms and Conditions, we will not be liable or pay compensation if our contractual obligations are affected by events beyond our control.

INFECTIOUS DISEASE DISCLOSURE

Travel and shared accommodations carry an inherent risk of exposure to infectious diseases. By booking, you voluntarily assume this risk for yourself and all members of your party. Sea Duck Cottage LLC follows reasonable sanitation practices between guest stays, including cleaning and disinfecting of commonly touched surfaces and sanitizing bedding. However, we cannot guarantee a disease-free environment and are not liable for illness contracted during your stay.

DEFAULT

Renter shall be in default upon: (i) failure to make any required payment, uncured for four (4) calendar days; (ii) failure to perform or observe any covenant or condition herein, uncured for four (4) days after written notice for a first breach, or immediately upon a second breach; (iii) abandonment of the premises; or (iv) commission of waste or violation of any provision of this Agreement.

Upon default, Owner may: (a) declare the rental period ended; (b) terminate Renter’s right to possession and repossess the premises pursuant to applicable Maine law; (c) recover all present and future damages; (d) pursue breach of contract remedies; and/or (e) pursue any other remedy available at law or in equity. If possession is terminated before the rental period expires, Renter remains responsible for rent for the remainder of the period, subject to Owner’s duty to mitigate.

DAMAGES

Renter is responsible for any damage caused during the rental period by Renter or Renter’s guests, licensees, or invitees, including damage to or loss of furniture, fixtures, furnishings, or other Owner property. Owner is not responsible for damage to or theft of Renter’s personal belongings.

NO FIREWORKS

No fireworks are permitted on the property at any time. Bringing fireworks onto the property—even if unused—will result in immediate termination of this Agreement and eviction without refund.

PLUMBING AND SEPTIC

We warrant that plumbing, septic, heating, lighting systems, screens, and appliances are in good working condition. Repair costs for items damaged by Guest negligence are the Guest’s responsibility. Only toilet tissue may be flushed. Any septic system damage resulting from flushing of foreign objects will be repaired at Guest’s expense, including the full cost of the service call.

ACCEPTANCE OF PREMISES & MAINTENANCE

Renter has the right to inspect the premises upon arrival and must notify Owner in writing (by text or email) within 24 hours of check-in of any existing damage or items needing repair. Failure to notify Owner in writing constitutes a waiver of any objection to the condition of the premises at check-in. Owner will promptly address items properly reported within the 24-hour window.

USE OF PREMISES

The premises may be used only as a temporary private dwelling for personal enjoyment, vacation, and rest—not for any commercial or other purpose. Renter shall not: (i) damage or deface furnishings or rearrange or remove items; (ii) make alterations to the premises; (iii) make holes in walls; or (iv) change or add locks. Specific rules regarding pets, smoking, quiet hours, parking, beach access, and property regulations are detailed in Exhibit A.

HOST & OWNER ACCESS

You agree to allow the Owner, Host, Guest Contact, and/or their agents reasonable access to the Vacation Rental during your stay. Owner or agents may enter upon 24-hour notice (oral or written) for inspection, housekeeping, repairs, or showing to prospective purchasers. In the case of emergency or reasonable suspicion of conduct endangering Owner’s property, entry may occur at any time without notice. If Renter is absent, Owner may enter using a master key or access code.

REPOSSESSION OF PREMISES

Upon termination of the rental period, Renter will surrender and vacate immediately. Renter grants Owner the full right to enter and repossess the premises at the end of the rental period. If Renter fails to vacate, Renter owes Owner three (3) times the weekly rental rate for each week or portion thereof, plus any other damages. The premises shall be returned in the same condition as at the start of the rental period, normal wear and tear excepted.

FALSIFIED BOOKINGS

If your booking was made under false pretense—including a falsified name, age, or party size—you will be subject to immediate cancellation, termination of this Agreement, immediate eviction, and forfeiture of all amounts paid.

CLEANLINESS

You are expected to treat the Vacation Rental with respect. This is a private home, not a hotel room. You are expected to leave the property in a clean, neat, and orderly condition and to comply with all check-out procedures.

HOUSE RULES

Guest agrees to comply with the House Rules in Exhibit A. Copies of the House Rules are located in the living rooms of all Sea Duck Cottage LLC properties.

TELEPHONE & INTERNET

The cottages are not equipped with landline telephones. Cell service is generally available but occasional disruptions occur; Sea Duck Cottage LLC is not responsible for cellular network connectivity. High-speed internet via Wi-Fi (provided by Spectrum) is installed and is generally reliable. However, occasional outages occur, and Sea Duck Cottage LLC is not responsible for internet speed, disruptions, or outages, or any loss resulting therefrom.

NOTE: The United States Postal Service does not deliver to this address. Arrange all deliveries via FedEx or UPS. Guests authorize Sea Duck Cottage LLC to handle and open, if necessary, any parcels delivered to the property during the stay.

WHAT SEA DUCK COTTAGE SUPPLIES

The property is equipped as a fully furnished home including bedspreads, linens, blankets, pillows, towels, a fully equipped kitchen, Smart TVs, and furnishings. We also supply:

One (1) roll of paper towels, two (2) rolls of toilet paper per bathroom, a new sponge, and a starting supply of dish detergent, laundry detergent, and liquid soap. Guests should plan to purchase additional supplies as needed.
The property may contain common kitchen staples left by prior guests (salt, pepper, foil, wrap, etc.). These are not guaranteed and are not part of required inventory.
A small supply of bathroom amenities (soap, shampoo, conditioner). Guests who prefer specific brands should bring their own. Extra towels are recommended for beach use.

The property may not have every item you are accustomed to at home. Please bring or arrange delivery of any items you require. Note that seating capacity may not match the maximum occupancy in all configurations.

HOUSEKEEPING SERVICES

Housekeeping is provided prior to arrival only. Renter is responsible for personal cleaning, laundry, and dishes during the stay. Additional housekeeping must be arranged and confirmed in writing before the occupancy date. Owner cannot guarantee mid-stay availability of housekeeping services and is not responsible if service is unavailable or canceled. Snow removal, driveway plowing, and trash removal (other than from the designated dumpster) are not provided.

YOUR BEHAVIOR

All guests are expected to conduct themselves in an orderly and respectful manner. If, in the sole opinion of the Owner, your behavior or the behavior of any member of your party causes or is likely to cause distress, danger, annoyance, or property damage, we reserve the right to terminate this Agreement and evict you and your guests immediately without refund. You and your party will be jointly and individually liable for any damage or losses caused.

SMOKING AND VAPING POLICY

Absolutely no smoking or vaping is permitted inside the home. Any odor of smoke or vaping products detected inside the home will result in immediate eviction and termination of this Agreement without refund. Smoking and vaping are permitted only at the single designated outdoor smoking area, located away from the house. Inclement weather does not create an exception to this rule.

“Smoking” includes the burning or vaporization of cigarettes, cigars, pipes, marijuana, e-cigarettes, vaping devices, incense, or any other substance. If smoke or pet odor is detected upon departure, all affected fabrics, carpets, and furniture may be professionally cleaned or replaced at Renter’s expense. Renter agrees to pay a $3,000 penalty in addition to any actual damages for violation of this provision.

PET POLICY

We welcome well-behaved dogs. Cats and other pets are not permitted. A pet fee of $99 per dog per night will be added to your charges.

SERVICE ANIMALS: Guests with disabilities who require a service animal as defined under applicable federal or state law should contact us prior to booking so we can discuss your needs. We comply with all applicable service animal laws.

All dogs must be leashed at all times when outside. Pets may never be left alone inside the home or in any room unattended. Violation of the pet policy is grounds for immediate termination of this Agreement and eviction without refund. Any pet odor or damage will be remediated at Renter’s expense.

ALCOHOL POLICY

Guests must be 21 years of age or older to consume alcohol. Please drink responsibly. Glass bottles and containers are not permitted on the lawn or around the fire pit; all glass must remain inside the house or on the wooden deck.

ASSUMPTION OF RISK

You and all persons using the Vacation Rental during your stay accept and assume all risks related to use of the property and surrounding areas, including the beach, waterfront, any body of water, water-related activities, recreational equipment (including but not limited to bicycles, paddleboards, docks, and boats), and activities engaged in on or off the property.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, AND ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.

FIREARMS

No firearms may be carried or displayed anywhere on the property. Licensed firearms must remain secured inside Guest’s vehicle at all times while on the property.

HUNTING & FISHING

No hunting is permitted on the property. The beach and property may not be used to access the water for fishing purposes. We are happy to suggest nearby productive fishing locations upon request.

EXCURSIONS & OFF-PROPERTY ACTIVITIES

We do not partner with any tour operators. Any excursions, tours, or activities booked during your stay are separate from your Agreement with us; your contract is with the operator, not with Sea Duck Cottage LLC. We are not responsible for any loss, damage, injury, or death arising from off-property activities. Guests participate in all such activities at their own risk.

PERSONAL POSSESSIONS

Sea Duck Cottage LLC is not responsible for damage to or theft of personal possessions. Do not leave valuables unattended in vehicles or anywhere on the property. All personal items remain in your custody and control throughout your stay.

DISCLOSURES

FIRES: Forest fires are uncommon in this region but are not impossible. Burn restrictions may be in effect restricting outdoor fire pits and certain BBQs.

AIR CONDITIONING: The cottages do NOT have air conditioning.

WILDLIFE: Wild animals, including bears, are present in this region. Do not leave food or trash outside. Keep windows and doors closed and locked when the premises are unattended. Sea Duck Cottage LLC takes preventative pest-control measures but cannot guarantee against rodents or insects entering the home. Pest issues are not grounds for relocation or refund.

WEATHER & TRAVEL: Winter storms and extreme weather are common and are not grounds for a refund. Guests travel to and from the property at their own risk. In winter months, a 4WD vehicle with snow tires is strongly recommended. Winter weather creates slip and fall risks; snow and ice accumulation on roofs can create serious falling hazards. Children should never play under roof eaves or in areas where snow or ice may fall. Guest agrees to hold harmless and indemnify Sea Duck Cottage LLC from all such risks.

BEACH & WATERFRONT: Swimming in the ocean is strongly discouraged. Tides and currents are strong and unpredictable. If you choose to swim, never swim alone and always wear a U.S. Coast Guard-approved life jacket. Never walk on the rocks or beach without protective footwear; rocks are sharp and debris washes ashore regularly. Use the provided staircase and handrails when accessing the beach. Watercraft use is at your own risk; you are responsible for compliance with all applicable maritime laws. You may not drive any vehicle or trailer across the property to launch watercraft. A public boat ramp is available in Jonesport. Note: the road to the property includes a steep hill; we strongly recommend against trailering any vehicle.

AREA CONSTRUCTION: Owner has no control over construction near or adjacent to the premises. No refunds will be given for construction or other nuisances.

MEGAN’S LAW: If the presence of a registered sex offender is a concern, Renter should contact local law enforcement for information.

MOLD: Mold can grow when moisture is present. Renter agrees to take reasonable steps to prevent moisture buildup, use exhaust fans when showering, and notify Owner immediately of any signs of water leaks, persistent moisture, staining, or musty odors.

VIDEO & NOISE SURVEILLANCE

Exterior surveillance cameras are installed on the property for security purposes. No surveillance is permitted in interior areas. Some cameras include audio capability. Some properties include smart audio devices (e.g., Amazon Alexa, Echo Dot). By booking, Guest and all invitees expressly consent to exterior video and audio surveillance. Noise monitoring devices (such as NoiseAware) may be in use to monitor volume levels; these devices are privacy-compliant and do not record conversations.

INDEMNIFICATION AND WAIVER

Renter agrees to indemnify, defend, and hold harmless Sea Duck Cottage LLC, its officers, directors, members, managers, employees, and representatives from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or related to any use of the premises by Renter or Renter’s invitees, unless directly attributable to the willful misconduct or gross negligence of Owner.

To the fullest extent permitted by law, Renter waives all claims against Owner and its representatives for any damage to property or injury to any person (including death) in or about the premises, regardless of cause, unless directly attributable to the willful misconduct or gross negligence of Owner. The premises and all services and furnishings are provided on an “AS-IS” basis without warranty of any kind.

CLASS ACTION & JURY TRIAL WAIVER

Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial.

In the event Sea Duck Cottage LLC is held liable for any damages, to the fullest extent permitted by law, your sole and exclusive remedy will be limited to reimbursement of the charges paid by you for the booking at issue.

To the fullest extent permitted by law, you waive any right to bring any claim or action related to this Agreement beyond one (1) year after the first occurrence of the act, event, condition, or omission upon which such claim is based.

JOINT AND SEVERAL LIABILITY

If more than one party signs this Agreement, all such parties shall be jointly and severally liable for all obligations of Renter. All individuals signing warrant that they have authority to bind their principals.

NATURE OF AGREEMENT

This Agreement creates a license to use the premises for the specific purposes set forth herein and does not create a lease or any other interest in real property in favor of Renter.

NOTICES

All notices to Owner shall be given by email to notices@seaduckcottage.com, with a copy mailed to Sea Duck Cottage LLC at 480 S. Melrose Dr., Miami Springs, FL 33166. All notices to Guest shall be given by email to the address provided during booking.

SEVERABILITY

If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision shall be ineffective only to that extent, and all remaining provisions shall remain in full force and effect.

ACTS OF GOD

Neither Owner nor Guest shall be liable for events beyond their control that interfere with occupancy, including Acts of God, government action, fire, strikes, war, or inclement weather. Refunds for weather-related events will be made only if state or local authorities order mandatory evacuation of a Tropical Storm/Hurricane Warning area that includes the property.

ARBITRATION & ARBITRATION AWARD

Any dispute arising from or relating to this Agreement that cannot be resolved through direct discussion shall be submitted to binding arbitration in the State of Florida, administered by the American Arbitration Association under its Commercial Arbitration Rules, to be conducted in Monroe County, Key West, Florida. Any arbitration award against Sea Duck Cottage LLC cannot exceed the total amount paid by Guest for the booking at issue. Judgment on any award may be entered in any court of competent jurisdiction.

GOVERNING LAW, JURISDICTION & VENUE

This Agreement shall be governed by the laws of the State of Florida without regard to conflict of laws principles. In the event of a dispute, the parties consent to the exclusive jurisdiction of the state courts in Monroe County, Florida, or the U.S. District Court for the Southern District of Florida.

MISCELLANEOUS

Amendment: This Agreement may not be amended except by a written instrument signed by both Owner and Renter. In the event of conflict between the Online Booking Invoice and this Agreement, this Agreement controls.

Attorney’s Fees: The prevailing party in any legal action related to this Agreement shall be awarded reasonable attorney’s fees and costs.

Entire Agreement: This Agreement and the Online Booking Receipt constitute the entire agreement between Owner and Renter and supersede all prior agreements or understandings. Sea Duck Cottage LLC does not engage in oral agreements; no employee or representative is authorized to make oral agreements on behalf of Owner.

Electronic Signatures: This Agreement may be transmitted by email or electronic signature, which shall have the same legal effect as an original signature.

Right to Assign: This Agreement may be assigned by Sea Duck Cottage LLC without Guest consent. It may not be assigned by Guest without express written consent of Sea Duck Cottage LLC.

Successors and Assigns: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns.

Fair Housing: This Agreement is taken in full compliance with all applicable federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, national origin, disability, or familial status.

Binding Effect: This Agreement becomes binding upon receipt of your first payment to us or any third-party booking site. Any payment, partial or full, constitutes your acceptance of all terms, conditions, limitations, and restrictions herein.

ACKNOWLEDGEMENT

The parties agree that they have read and fully understand the terms, conditions, and legal effects of the provisions of this Agreement.

In witness whereof, the parties have duly executed this Agreement effective as of the date of booking.

OWNER:

Sea Duck Cottage, LLC

X ___________________________________

George Criddle, Managing Member

GUEST: