10. General Condition of Premises
Owner agrees to maintain the Premises in good condition, to meet the standards established by the Agent in order
to market the Premises effectively. Guests dissatisfied with the condition of the Premises may be relocated at the
discretion of the Agent. Owner will bear the expense of any rebates or refunds given to Guests due to a poor or
defective condition of Premises, and Agent will receive commission based on the full rental rate. Agent reserves the
right to terminate this agreement at any time if the condition of Premises is not maintained to the standards set forth
by the Agent.
*Agent will hire and coordinate sub-contractors required for the operation and maintenance of the Premises
(excluding monthly pool/lawn maintenance and pest control services). Sub-contractors shall be deemed sub-
contractors of the Owner and not of the Agent, and Agent shall not be responsible for their acts, defaults, or
negligence.
11. Owner/Owner Guest Rentals
Owners and their immediate family members may use the Premises without fees or commissions, as long as a rental
reservation has not been secured for that particular time period. Owner must make Premises available for Agent to
secure rental reservations for no less than eight weeks during the months of June, July and August. When an Owner
secures paying rentals, Agent shall collect and disburse payment. Agent shall receive 15% of the charged rental rate
of any Guest obtained by Owner. Agent will submit and report all taxes due to the State of South Carolina and the
Town of Hilton Head as required by law. Owner will not promote the Premises for a price lower than that
advertised by Agent. If the Owner offers Premises at a lower rate than Agent, the Agent may terminate this
agreement and collect management fees on all confirmed reservations that are relocated or cancelled.
12. Insurance
Owner agrees to obtain and carry at all time while this Agreement is in effect, public liability insurance in the
minimum amount of Five Hundred Thousand Dollars ($500,000.00) per occurrence and to provide Agent with
proof of such insurance.
13. Termination of Agreement
Either party may terminate this Agreement upon ninety (90) days written notice. Upon termination, the Owner will
honor all confirmed rental reservations that exist on or before the day written notice is given to the other party. All
such confirmed reservations will survive the termination of the agreement, and be subject to the management and
service polices of Destination Vacation, even if the Owner has entered a new contract with a different rental
company or has taken the Premises off the rental market. Upon such termination, if Owner does not honor existing
confirmed reservations, Owner shall be obligated to reimburse Agent upon demand for all costs incurred by Agent,
including but not limited to advertising and other expenses and costs incurred by the Agent to relocate confirmed
reservations to the closest available or comparable property as determined by Agent, plus Agent’s full commission on
all such reservations.
14. Liability
Owner agrees, at their own cost and expense at all times during the term of this Agreement, to defend and save the
Agent and its employees, free, harmless and indemnified from all injury, loss, claims or damage (including
reasonable attorneys’ fees and expenses) to any person or property arising from, related to, or in connection with
the use and occupancy of the Premises. Provided, however, that nothing contained in this paragraph shall be
construed to indemnify the Agent or its employees from and against their grossly negligent acts or omissions.
(a) Owner shall store his or her property in the Premises at his or her own risk. Barring gross negligence or willful
misconduct by the Agent, it assumes no liability for loss or damage to the Premises or the contents located therein.
(b)The Agent and it employees shall not be liable for any loss or damage to the Premises or to equipment or
furnishings or appurtenances thereto resulting from any accident or occurrence in or upon the Premises or the
building of which they are a part, including, but not limited to, claims for damage resulting from negligent or willful
action or omission of guests or their invitees, provided Agent has used reasonable efforts to recover resultant
damages from the guest; or injury done or occasioned by wind, rain, flood or other element; or theft, vandalism or
fires.
15. Damage Protection Plan
The Agent requires mandatory participation in the Damage Protection Plan for all rental Guests. The Damage
Protection Plan will cover up to $2500 for reported accidental damage to contents of property. Damage must be
reported during the guest stay to be covered. The protection plan does not cover malicious or intentional damage.
Guests will be responsible for any expense in excess of $2500. The plan does not cover normal wear and tear or
routine maintenance and unexpected malfunction of equipment and appliances that are not a direct result of
accidental damage. Non-paying friends and family of owners cannot participate in the plan during their stays.
This agreement shall be construed and enforced in accordance with the laws and decisions of the State of South
Carolina.
Witnessed:
Date:
Owner/s:
Date:
Destination Vacation:
Date:
