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<p>BALD HEAD ISLAND VACATIONS LLC</p> <p>EFFECTIVE 08/01/2024</p> <p>The parties acknowledge and agree that this Lease may be executed by electronic signatures and initials, which shall be considered as an original signature/initials for all purposes and shall have the same force and effect as an original signature/initial. Without limitation, “electronic signature” shall include faxed, electronically submitted or scanned versions of an original signature.</p> <p>THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. TERMS AND CONDITIONS OF YOUR LEASE AGREEMENT:</p> <p>1. PAYMENT TERMS: Reservation is considered tentative until payment has been received. American Express, Discover Card, Master Card and Visa are accepted.</p> <p>2. ADVANCE PAYMENT: Advance payment of 50% of the total rent plus the Rental Guardian Travel Protection premium, if purchased, and applicable taxes is due at the time of making a reservation or the reservation will automatically be cancelled, without notice.</p> <p>3. BALANCE DUE: Balance of rental plus tax, fees for goods or services as shown above, must be received by BALD HEAD ISLAND VACATIONS LLC 30 days prior to arrival. A payment reminder will be emailed to you prior to the due date. We will automatically charge the credit card on file for your remaining balance 30 days prior to your arrival. Please contact our office before the due date should you wish to change your payment method. Reservations not paid in full, by 30 days prior to arrival, are subject to automatic cancellation. Reservations cancelled for non-payment are subject to the cancellation policy in Section 12. For reservations made less than 30 days prior to arrival, full payment is due at time of reservation. ALL RESERVATIONS MUST BE PAID IN FULL PRIOR TO CHECK IN AND POSSESSION OF THE PREMISES.</p> <p>4. ALL ADVANCE RENT PAYMENTS, SECURITY DEPOSITS AND BALANCES ARE DEPOSITED IN BALD HEAD ISLAND VACATIONS LLC NON- INTEREST BEARING ESCROW ACCOUNT AT LYNNBROOK GROUP, 1764 Heritage Center Dr, Wake Forest, NC 27587. Tenant authorizes Agent to disburse up to 50% of the total rent, prior to occupancy, to the Landlord. Tenant authorizes Agent to disburse amounts greater than 50% of the total rent prior to tenancy of any fees owed to third parties to pay for goods, services, or benefits procured by the Landlord or Agent for the benefit of the Tenant, including any administrative fees. The balance of the funds after disbursal of advance rent payment shall remain in the Escrow account until one of the following occurs: the commencement of the tenancy, a material breach of the agreement or other occurrences set forth in Section 42A-16(a) of the Vacation Rental Act. 5. TAXES: North Carolina requires collection of Sales and Use Tax on all fees for goods and services. Occupancy Tax is a requirement of Brunswick County, Bald Head Island, Caswell Beach, Holden Beach, Oak Island, Ocean Isle and Southport, NC. Taxes are subject to change. All taxes, applicable at time of tenancy, are due and payable by Tenant. Taxes will be disbursed upon termination of tenancy or a material breach of this agreement.</p> <p>6. TRIP CANCELLATION & INTERRUPTION INSURANCE: If State or Local authorities order a mandatory evacuation of an area that includes the vacation rental property the Tenant shall comply with the evacuation order pursuant to NC General Statutes Chapter 42A-36. Bald Head Island Vacations, in partnership with Rental Guardian Insurance, offers trip cancellation/interruption insurance to protect your vacation investment against mandatory evacuation orders as well as other unforeseen circumstances. Please refer to the policy for details on coverage. Tenant hereby acknowledges that he or she was offered Vacation Rental Insurance. In the event of evacuation, the Tenant shall not be entitled to a refund, from Landlord or Agent, regardless of whether the Tenant did or did not purchase Vacation Rental Insurance. For information concerning the policy please go to www.rentalguardian.com. Tenant is responsible for filing claim with Rental Guardian for any claim. Rental Guardian Insurance contact information: 877-477-6082, NWTravClaims@cbpinsure.com. TRIP CANCELLATION PROTECTION IS HIGHLY RECOMMENDED TO PROTECT AGAINST UNEXPECTED EVENTS.</p> <p>7. ACCIDENTAL DAMAGE COVERAGE: An Accidental Damage Insurance Policy is required and added as a fee at checkout. Bald Head Island Vacations does not require a separate security deposit. Under this policy, any accidental damage to the home or the personal property of the Owner contained within the Premises, will be filed by Bald Head Island Vacations LLC to the Policy. Damages exceeding the policy limits will be the responsibility of the Tenant. Tenant agrees amounts exceeding the policy limits or amounts not covered under the policy, due to fault of guest, will be charged to the credit card on file.</p> <p>Under no circumstances does the Damage Policy release a Tenant or any member or guest of their party from obligations imposed by the North Carolina Vacation Rental Act with respect to maintaining the Premises, including but not limited to, the following: (a) keep the Premises as clean and safe as the condition of the Premises permit, and cause no unsafe or unsanitary conditions in the common areas and remainder of the Premises that you use; (b) dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (c) keep all plumbing fixtures in the Premises or used by the Tenant in working condition and as clean as their condition permits; (d) not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or render inoperable the smoke detector provided by the Owner, or knowingly permit any person to do so; (e) comply with all obligations imposed upon the Tenant by current applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the Premises that is in your exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or the Owner’s Agent, defective products supplied or repairs made by the Owner, acts of third parties not invitees of the Tenant, or natural forces; and (g) notify the Agent in writing of the need for replacement and of repairs during the tenancy which continued presence or use would jeopardize the safety of Tenants and guests or harm the Premises including repairs to the smoke detectors or replacing the batteries as needed. You agree not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Your breach of any duty contained in this paragraph after commencement of tenancy shall be considered material, and shall result in the termination of your tenancy with NO REFUND OF RENT. Exclusions within the ADC specifically limit BHIV’s obligation to repair/replace and does not cover or release the Tenant from liability for damage due to the following: 1) intentional, willful, reckless, or malicious acts of the Tenant or others on the Premises during the tenancy, 2) unusual or excessive damage by pets, 3) theft from the Premises of either the Owner’s property or property belonging to the Tenant, 4) gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home, 5) damage caused while under the influence of alcohol or drugs, 6) damages to real property, furnishings, or any vehicles resulting from operation of a motorized vehicle by a Tenant, 7) Damages related to smoking in “NO Smoking” homes. ADC is limited to tenancies of 30 days or less. The conditions of the ADC provided to the Tenant shall extend to all members of the Tenant’s party and guests of the Tenant. In order to not be charged for incidents described under the ADC all damages must be reported to Bald Head Island Vacations LLC before check-out. ADC is not available for non family or large groups such as weddings, reunions, corporate retreats, etc. Bald Head Island Vacations LLC reserves the right to request a security deposit. The security deposit is to be accounted for in accordance with the North Carolina Tenant Security Deposit Act as codified in GS42-6.</p> <p>8. CHECK-IN: Check-In Time Begins At 4:00 PM BUT MAY BE DELAYED UNTIL 6PM. We make every effort to ensure that all units are clean and ready for occupancy; however, in some instances it may be necessary to delay occupancy until the unit is ready. There is no rebate for such late occupancy. No occupancy of the property including driveways and outside showers prior to check-in will be permitted. All Tenants must be paid in full prior to check-in.</p> <p>9. CHECK OUT: Check Out Time Is 9:00 AM Sharp. Tenant must return key(s) or as otherwise instructed. No occupancy of the home or condo, including driveways, showers and pools, is permitted after check out. Tenants not complying with check out procedures will be subject to a fine for a check out fee and/or will be grounds for expedited eviction. Tenant is responsible for straightening all furniture, washing dishes, placing all trash in outside container, closing and locking all doors and windows, plugging in golf carts, and leaving unit in good shape for the next Tenant.</p> <p>10. EARLY CHECK IN/LATE CHECK OUT: At this time, Bald Head Island Vacations does not offer a guaranteed early check- in or late check to any guest during May 1 to September 30. This service may be available during the off season, please ask a reservation specialist for availability and pricing.</p> <p>11. PARTIAL WEEK RENTALS: Partial week rentals are available on some of our homes. Housekeeping charges may apply to all stays less than one week. Please contact Bald Head Island Vacations for details.</p> <p>12. HOUSEKEEPING: Bald Head Island Vacations makes every effort to ensure all units are clean and ready for occupancy. If we have overlooked a housekeeping item, please notify our office within 24 hours of arrival. We will correct any housekeeping deficiencies. Tenant agrees to allow Bald Head Island Vacations staff and/or vendors into the home to correct housekeeping deficiencies. No monetary compensation will be made for housekeeping oversights. Failure to notify our office within 24 hours of arrival constitutes acceptance of the property “as is”.</p> <p>13. CANCELLATION: All cancellations must be in writing; in the event of an emergency cancellation occurring one week or less before check-in date, a verbal cancellation will be accepted by phone, but must be followed up in writing verifying the telephone call. In the event of a cancellation by Tenant, Tenant shall receive a refund of 50% of all payments made by Tenant, less an administrative fee of $100.00 and processing fee, if the cancellation is made by tenant more than 60 days prior to arrival date. Tenant will not be entitled to a refund of any rent payment made hereunder in the event cancellation occurs within 60 days of reservation. Any amounts forfeited or charged for cancellation may be taxable. All refunds are paid in the same manner as received. Payments made through a 3rd party online travel agency, such as VRBO or Airbnb, will be refunded through the online travel agency and not from Bald Head Island Vacations. Agent will not be responsible for reimbursing any 3rd party fees that have already been paid out and the guest must seek reimbursement directly for the third party.</p> <p>14. CANCELLATION BY BALD HEAD ISLAND VACATIONS: If your home becomes unavailable prior to your arrival (change in ownership, removal from the rental market, owner schedule changes, etc.) we will make every effort to find an acceptable substitute home. We will notify you of the change as soon as we become aware of the situation. The management firm, on behalf of the homeowner reserves the right to cancel this agreement at any time prior to tenant taking possession of the property. In such event, all payments made by the guest to the management firm will be refunded, and neither management nor owner will be liable for any damages, of any sort, incurred by tenant as a result of such cancellation. If guest desires to be placed in an alternative home, the management firm will make a good faith effort to relocate the guest. If the home selected is more expensive, the guest agrees to pay the difference. If we are unable to find an acceptable home, we will refund 100% of your deposit.</p> <p>15. TRANSFER OF OWNERSHIP: Section 42A-19(a) provides that if the property is voluntarily transferred by the owner, guest has the right to enforce the Vacation Rental Agreement (VRA) against the grantee of the property if the vacation is to end 180 days or less after the date the grantee’s interest in the property is recorded in the Register of Deeds Office. If the vacation rental is to end more than 180 days after recordation of the grantee’s interest in the property, the guest has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor the agreement, but the guest is entitled to a full refund of any payments he or she has made. Within 10 days of a property transfer, each guest will be notified in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded. If the owner’s interest in involuntarily transferred to another, prior to the guest’s occupancy of the property, the Agency shall</p> <p>refund to the guest any payments made by the guest within 60 days after the transfer.</p> <p>16. UNITS FOR SALE: Tenant understands property may be listed for sale. Agent reserves the right to show each rental unit for sale to potential buyers. Every effort will be made to schedule a convenient time for showing to minimize interruption.</p> <p>17. ACCOMMODATION RULES:</p> <p>A) HOUSE PARTIES/MINORS-Tenant acknowledges that he/she is at least 25 years of age and understands that he/she must occupy the property for the entire lease term. Bald Head Island Vacations does not rent to fraternities, school or civic groups or other non- family groups unless prior approval is granted by the Landlord or Agent. Approved events are subject to a non refundable event fee. We reserve the right to refuse occupancy, if in the agent’s opinion; occupancy is detrimental to the property. Tenants misrepresenting their group will be subject to expedited eviction without refund.</p> <p>B) OCCUPANCY- You are responsible for knowing and respecting the occupancy limits in your home. If you are unsure of the permitted occupancy of the home, please call our office. No campers, tents, or motor homes may be used in conjunction with a rental unit to increase capacity. Guests who exceed the occupancy limits will face immediate termination of the rental, and a $250.00 fee with no refund of rental monies. Bald Head Island Vacations shall conduct all brokerage activities in regard to this, or any agreement, without respect to the race, color, religion, sex, national origin, handicap or familial status of any guest.</p> <p>C) EVENT FEES- Events for Bald Head Island Vacations managed properties are generally prohibited without prior written approval. Please contact Bald Head Island Vacations for information and fees associated with event planning.</p> <p>D) SMOKE DETECTORS-North Carolina statutes require all tenants to check smoke detector operation upon arrival and to notify, in writing, the Bald Head Island Vacations office of any malfunctions.</p> <p>E) DOG FRIENDLY HOMES -Dogs are permitted only in designated properties shown by a symbol of a dog. Only one dog per household unless previously approved by management. A Pet Fee of $250 is applied for pet stays. Additional dogs, if approved, may require an additional non refundable pet fee. This pet fee is for a flea treatment and/or the extra cleaning required. An undeclared pet is subject to a $500 non-refundable fee. IF A PET IS FOUND ON A PREMISE PROHIBITING DOGS, YOUR RENTAL RIGHT WILL TERMINATE IMMEDIATELY WITH NO REFUND OF RENTAL MONIES AND YOU WILL BE SUBJECT TO THE UNDECLARED PET FEE. THIS POLICY IS STRICTLY ENFORCED. TENANT WILL PERMIT AGENT TO CHARGE THE CREDIT CARD ON FILE FOR ANY UNDECLARED PET FEES. [INITIAL]</p> <p>F) GRILLS – Charcoal grilling on decks, porches, and balconies is strictly prohibited by local fire ordinances. If you wish to use a charcoal grill, please place the grill on concrete or other stable surface at least 10 feet from the property. Charcoal and propane, for gas grills, is the responsibility of the guest.</p> <p>G) FIREARMS- Firearms are not allowed on any property.</p> <p>H) FIREWORKS- Fireworks of any kind are prohibited on Bald Head Island.</p> <p>I) HOT TUB RENTALS AND WINDOW AIR CONDITIONERS-No temporary hot tubs may be placed on the property at any time. No window air conditioners may be placed in the property without express written permission of the Agent and Owner.</p> <p>J) SMOKING POLICY- All Bald Head Island Vacations’ properties maintain a smoke-free policy. No smoking or other use of tobacco products, including e-cigs and vapor, is permitted. This includes, but is not limited to, pipes, cigars, snuff, or chewing tobacco. Smoking is strictly prohibited inside any property rented through this company. When smoking outside, do not leave cigarette butts on the ground or anywhere else. Dispose of them properly in appropriate receptacles outside. This policy applies to all guests, as well as their visitors. Tenants violating this policy will be charged a fee of $250.00 plus all expenses incurred to bring the property back to its original smoke-free state. If the property is rented with a guest checking in the same day of your departure, you are responsible for the entire cost of moving the in-coming reservation to another property. TENANT WILL PERMIT AGENT TO CHARGE THE CREDIT CARD ON FILE FOR ANY CHAREGES ASSOCIATED WITH SMOKING IN A HOME. [INITIAL</p> <p>K) FURNISHINGS- Accommodations and Furnishings: All vacation properties are individually owned and furnished to each owner’s unique taste. Every effort has been made to represent each property as realistically as possible with regard to space, physical condition and distance to beach accesses. All homes are set up for light housekeeping and are equipped for basic cooking. Mattress pads, bedspreads, blankets and pillows are provided. Bed Sheets for each bed and bath towel sets for the maximum occupancy of the home are provided. If you require additional linens/towels please contact our office to rent the additional items.</p> <p>L) HANDICAPPED ACCESSIBILITY – Property descriptions identify specifics regarding accessibility. Bald Head Island Vacations does not have any homes that meet ADA standards, but may have ramps, elevators and/or other accessible</p> <p>amenities. These amenities are not guaranteed and no refund will be granted for an amenity malfunction.</p> <p>18. FIREPLACES- If provided, it will be noted in the property description. Wood is not provided for wood burning fireplaces. Fireplaces are only in use October – April.</p> <p>19. ELEVATOR WAIVER & OPERATION: Some homes offer private elevators. Bald Head Island Vacations does not guarantee the operation of any elevator. If an elevator fails, we will make every effort for repairs during your stay. Tenant agrees to read and abide by elevator operating procedures posted on the Guest Portal. Tenant uses, any and all, elevators at their own risk.</p> <p>20. POOL WAIVER & USE: Pools are generally available Memorial Day to Labor Day. Private pools may offer extended pool dates. Community pool access including hours of operation and open and close dates are at the sole discretion of the Homeowners’ Association. Bald Head Island Vacations does not guarantee the operation of any pool. If a pool becomes inoperable, we will make every effort for repairs during your stay. Tenant agrees to read and abide by pool use rules posted on the Guest Portal. Tenant uses, any and all, pools at their own risk. Only enter pool from pool deck. Entering pool from any elevated position is strictly prohibited and grounds for expedited eviction with no refund of rental funds. Tampering with pool equipment is prohibited.</p> <p>21. BICYCLE WAIVER & USE: Some homes offer one or more bicycles for use during your stay. Bald Head Island Vacations does not guarantee the operation of any bicycle. Bald Head Island Vacations may not be able to repair a bicycle. By signing this agreement, you agree to the Bicycle Waiver. The risk of injury from many of the activities is significant, including the potential for permanent paralysis and death, and while particular skills, rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN ANDUNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS BALD HEAD ISLAND VACATIONS LLC it’s officers, officials, ride directors, ride coordinators, agents, and/or employees, other participants, sponsoring agencies, sponsors and advertisers (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.</p> <p>I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.</p> <p>22. KAYAK & USE: Some homes offer one or more kayaks for use during your stay. Bald Head Island Vacations does not guarantee the operation of any kayak. Bald Head Island Vacations may not be able to repair a kayak. Tenant agrees to read and abide by Kayak Waiver on the Guest Portal. Tenant uses, any and all, kayaks at their own risk. By signing this agreement, you agree to this Kayak Waiver.</p> <p>23. GOLF CART & USE: Electric golf carts and vehicles are subject to all laws applicable to operation of a motor vehicle on a public road, including the requirement that operators must be at least 16 years old and possess a valid driver’s license. All traffic ordinances are enforced by the Police Department of the Village of Bald Head Island, and violators will be fined. Rental guests will be responsible for any damages caused to an electric vehicle or caused by an electric vehicle, which they or any member of their party is operating. Under the age of 16, bike helmets are required. By signing this agreement, you agree to the Golf Cart Waiver.</p> <p>24. DOCK WAIVER & USE: Some homes offer a fishing and/or boating dock. Bald Head Island Vacations does not guarantee to operational condition of the dock and may be unable to make repairs to dock during tenant stay. Tenant agrees to read and abide by any dock rules and regulations in Guest Services Manual located inside the home. Tenant uses, any and all Docks at their own risk. By signing this agreement, you agree to the Dock Waiver & Use.</p> <p>25. LOST AND FOUND: Any personal property left in the rental property will not be the responsibility of Bald Head Island Vacations; every effort will be made to return lost items to you at your expense. There is a minimum charge of $25.00 plus postage for retrieving and shipping any items to you.</p> <p>26. KEYS: One set of keys will be issued to the tenant(s) who name(s) appear on the Vacation Rental Agreement. A minimum $10.00 per key charge will be applied and charged, to the credit card on file, for all unreturned keys.</p> <p>27. LOCK OUT: If you have lost, misplaced or forgotten the keys for your rental property, you may contact Bald Head Island Vacations during normal business hours or call our emergency number after hours for assistance.</p> <p>28. FEES: (a) There is a $25.00 returned check fee: (b) a $25.00 late payment fee: (c) Bald Head Island Vacations may charge a reservation fee of $100.00. Every reservation as a 4% non refundable processing fee. We do not accept any other form of payment.</p> <p>29. MAINTENANCE/REPAIRS/NUISANCES: Landlord agrees to make all repairs and do what is reasonably necessary to keep the property fit and habitable and to keep all common areas in safe condition. Bald Head Island Vacations cannot guarantee the operation of any home amenities. Please report any equipment malfunction. We will make every effort to respond to any appliance or equipment problems. Tenant agrees to allow Bald Head Island Vacations staff and/or vendors into the home to facilitate maintenance/repairs. No refunds or partial rental deposits will be made for a malfunctioning appliance or amenity, including pools & elevators, or for other items outside of our control, such as bad weather, disruption of utility service (including TV cable/satellite or internet), or a home not decorated/furnished to personal taste. In the event that there is no electricity or water, not associated with a city/county outage, we will move you to another available property until the problem is remedied. At that time, we will move you back to your original rented property.</p> <p>30. BEHAVIOR POLICY: Bald Head Island Vacations reserves the right to terminate the lease, at any time, as the result of tenant abuse of staff or others. Termination of lease rights does not include a refund of rental monies unless the home is re-rented. Bald Head Island Vacations reserves the right of entry into the rental unit, if at anytime the rental manager feels the home may be in danger of abuse by the tenant. Noise/music extended past the property line is not acceptable. Climbing on roofs, railings, HVAC platforms or other elevated areas not accessible directly from a door or stairs is strictly prohibited.</p> <p>31. RIGHTS AND OBLIGATIONS: Pursuant to 42A-17(b) of the VRA, if at the time the guest is to begin occupancy of the property, the owner or agent of the owner cannot provide the property in a fit and habitable condition or substitute a reasonable comparable property in such condition, the owner or agent shall refund to the guest all payments made by the guest. If Agent is able to relocate Tenant, Tenant agrees to pay any difference in rental amount.</p> <p>32. CONSTRUCTION: Bald Head Island Vacations cannot predict construction plans in the area and, therefore, cannot be responsible for construction occurring near any rental property. No request for compensation or move to another property due to nearby construction will be considered.</p> <p>33. RENTAL PROPERTIES UNDER CONSTRUCTION: Reservations placed on homes that are under construction cannot be guaranteed to be completed by the date of the reservation. If a new construction home is not completed by the check-in date, Bald Head Island Vacations will either move the guest to a comparable property or refund all monies paid on that particular reservation. Furthermore, amenities listed on advertisements for new construction properties can change, without notice, due to the nature of furniture chosen by the specific homeowner. No extra compensation will be given to a guest if the property is not ready for rental or if specific amenities are different than advertised. Guests rent these properties with the understanding that sometimes construction can exceed the estimated time frame.</p> <p>34. MANDATORY EVACUATION: If the state or local authorities, acting pursuant to Article 36A of chapter 14 or article of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the guest in possession of the property shall comply with the evacuation order. The guest shall not be entitled to a refund from Bald Head Island Vacations and Sales. All guests are offered travel protection insurance at the time of booking. Travel Protection insurance may cover a mandatory evacuation provided the policy was purchased in accordance with policy terms. Please see section 6 for more information. The insurance offered shall be provided by an insurance company duly authorized by the NC Department of Insurance and the cost of the insurance shall not exceed 11% of the total rent charged for the vacation rental to the guest.</p> <p>35. EARLY TERMINATION OF VACATION RENTAL BY MILITARY PERSONNEL: Active-duty personnel who receive deployment overlapping the rental period or change of duty station orders requiring the member to relocate on a date prior to the beginning of the lease term may terminate the member’s vacation within 10 days of receipt of the order. Written verification signed by the member’s commanding officer is required to receive a full refund less nonrefundable fees paid to third parties.</p> <p>36. MISCELLANEOUS: Rental property may be owned by a North Carolina Real Estate Licensee or licensee of another state. Agent may offer additional services to Owner and /or Tenant for additional fees. Such services may include, but are not limited to, Vacation Rental Insurance, equipment and linen rentals. The Agent as a licensed insurance broker for Rental Guardian Travel Insurance earns a commission on insurance premiums. For the purpose of disclosure, revenue from Agent provided linen and equipment rentals shall be considered 100% profit. Fees generated from such additional services shall belong exclusively to the Agent. Parties agree that in the event of a dispute, the agreement will be interpreted in accordance with North Carolina law. Parties agree that this agreement is to be considered as having been entered into in the County of Brunswick, State of North Carolina, and that in the event of a dispute, parties agree that any legal action may only be instituted in the County of Brunswick, State of North Carolina. Agent, on behalf of owner of property, reserves the right to cancel this agreement at any time prior to tenant taking</p> <p>possession of the property. In such event, all payments made by Tenant to Agent will be refunded, and neither Agent nor Owner will be liable for any damages of any sort incurred by Tenant as a result of such cancellation. If Tenant desires to be placed in alternative premises, Agent will make a good faith effort to relocate Tenant. Tenant agrees to pay any increase in cost associated with securing alternative premises. Agent, Owner, or their representatives have the right to enter premises during tenancy to inspect, make repairs, or show property for sale.</p> <p>37. GOVERNING LAW; CONSENT TO JURISDICTION AND VENUE: This lease agreement, and the parties rights and obligations thereunder, shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect and any law or rule that would cause the laws of any jurisdiction other than the State of North Carolina to be applied. Any proceeding against the parties relating in any way to this lease agreement, or to the rights of the parties thereto, can be brought and enforced in the courts of Brunswick County North Carolina, including the Brunswick County Small Claims Court, should a party desire.</p>