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Terms & Conditions

<h3>This view shows the terms and conditions for:</h3> <ul> <li>Co-Working Spaces</li> <li>Vacation Rental Spaces</li> </ul> <p>Please read and agree to the one that pertains to you.</p> <h4 id=”coworking”>Co-working Spaces Terms and Conditions</h4> <p>The Florida Nest – Coworking Space Tenant Agreement</p> <p>Your membership (the “Membership”), use of our coworking space (the “Coworking Space”), use of this website (the “Website”), and provision of services on this Website or related to the Coworking Space (the “Membership Services”), provided by 5922 9th Ave N., LLC (hereinafter referred to as “Provider”), are subject to this Coworking Space Agreement (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here.</p> <p>This Agreement forms a legally binding agreement between you, the Member, and us, the Provider, and governs your access to and use of the Coworking Space, the Website, and the Membership Services.</p> <p><strong>BY ACCESSING OR USING ANY OF THE MEMBERSHIP SERVICES AND BY SIGNING THIS AGREEMENT YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE MEMBERSHIP SERVICES, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY OF THE MEMBERSHIP SERVICES.</strong></p> <p>MEMBER INFORMATION REQUIREMENT:<br>Member Legal Name:<br>Member Address:<br>Member Email:<br>Member Phone Number:</p> <h5>Article 1 – DEFINITIONS:</h5> <p>The parties referred to in this Agreement shall be defined as follows:</p> <p>a) Provider, we, us: We are the organization providing use of the Coworking Space to you, as well as your Membership. We may offer additional Membership Services to you depending on where you are located. We’ll be referred to as Provider, we, or us. If we use pronouns to describe ourselves, they will include our and ours, as well as other first-person pronouns. These terms will apply to us as well as all of our employees.</p> <p>b) You, the Client, the Member: You are the Client utilizing the above-mentioned Membership Services. You’ll be referred to as you, the Client, or the Member. If we use pronouns to refer to you, we’ll use your and yours.</p> <p>c) Parties: Collectively, the parties to this Agreement (us and you) will be referred to as Parties.</p> <p>d) Coworking Space: The Coworking Space is the communal working space we make available, located at the following address: 5922 9th Ave North St. Petersburg, FL 33710</p> <h5>Article 2 – MEMBERSHIP SERVICES:</h5> <p>The Membership Services will generally refer to the following services we offer:</p> <p>– Access to the Coworking Space. The Coworking Space is available at the following days and times:</p> <p>         Regular Hours: M-F 9am-4pm</p> <p>         24 Hrs/ 7 Days for Flex Nest (Desk) and Private Nest (Office) Plans</p> <p>– Maintenance and upkeep of the Coworking Space</p> <p>– Use of certain equipment, workstations, furnishings, or office supplies in the Coworking Space, as will be described to you upon your first visit</p> <p>– Use of basic amenities at the Coworking Space, such as air conditioning, heating, electricity, perhaps including shared kitchen space and shared kitchen appliances</p> <p>– Access to and use of the Website, which may be subject to any additional legal terms posted thereon</p> <p>– The ability to sign up for additional services through the Website</p> <p>– Use of Internet service at the Coworking Space</p> <div style=”height:42px” aria-hidden=”true” class=”wp-block-spacer”></div> <p>You may also be able to use the Coworking Space as follows:</p> <p>– As a business address</p> <p>– To receive mail</p> <p>– To receive calls, as an answering service</p> <p>– To rent conference rooms, subject to additional fees</p> <p>– To rent a private office, subject to additional fees</p> <p>The Membership Services may vary and certain Membership Services may be subject to additional fees. Certain Membership Services may also be subject to additional legal terms and conditions, which will be provided to you when you decide to use that Membership Service. The Membership Services do not include any services offered by third-parties.</p> <h5>Article 3 – MEMBERSHIP LEVELS:</h5> <p>We offer different Membership Levels at different costs. They are as follows:</p> <p>·       Fly-In (Hot Seat) Daily Rental</p> <p>·       Virtual Flyer (Mail Address) Monthly Rental</p> <p>·       Frequent Flyer (Hot Seat) Monthly Rental</p> <p>·       Flex Nest (Desk) Monthly Rental</p> <p>·       Private Nest (Office) Monthly Rental</p> <p>·       Conference Room – By Hour or Day</p> <p>·       PodCast Studio – By Hour or Day</p> <h5>Article 4 – BUSINESS ADDRESS USAGE:</h5> <p>You may use the Coworking Space as a business address on your business cards, marketing materials, website, and other business documents. This service may be subject to additional fees. You acknowledge and agree that you do not maintain any real property interest or tenancy in the Coworking Space.</p> <h5>Article 5 – MAIL HANDLING:</h5> <p>You may be able to receive mail at the Coworking Space, for an additional fee. You authorize Provider to act as an agent on your behalf to receive mail.</p> <p>You must complete and submit USPS Form 1583 in order to commence receiving mail at the Coworking Space. If you do not complete USPS Form 1583, Provider is not responsible for your inability to receive mail at the Coworking Space.</p> <p>You may have the option to forward or scan mail. You may need to pay for the cost of forwarding or scanning, including additional supplies, postage, or other miscellaneous expenses.</p> <p>We are not responsible for any non-delivery or delay of your mail.We will only accept mail in your name. You are responsible for ensuring that all mail complies with USPS rules and regulations. At the end of the Term, you will not be permitted to have your mail forwarded through the USPS. You must make arrangements with us to have your remaining mail forwarded, potentially with an extra fee.</p> <h5>Article 6 – CALL ANSWERING:</h5> <p>We will make a call answering service available as part of your Membership Services. This may be subject to an additional fee. We will answer calls during our normal business hours.</p> <p>You may be able to access a personalized number for your business use. You will have access to a voicemail box to retrieve messages. You may have the option to have calls forwarded, only within the United States.</p> <p>You acknowledge and agree that you do not own any phone numbers used through our services.</p> <h5>Article 7 – CONFERENCE ROOM RENTALS:</h5> <p>Conference room rentals will be subject to additional fees, which you will be informed of at the time of the rental. Scheduling for rentals is on a first-come, first-served basis. You agree to use the conference room exclusively for legitimate business purposes.</p> <p>You acknowledge and agree that you are responsible for your guests, including ensuring that your guests act in a professional manner. If your guests act in a way which is not in accordance with this Agreement or any posted rules and regulations, we may terminate this Agreement immediately.</p> <h5>Article 8 – PRIVATE OFFICE RENTAL:</h5> <p>Private office rentals will be subject to additional fees, which you will be informed of at the time of the rental. Scheduling for rentals is on a first-come, first-served basis. You agree to use the private office exclusively for legitimate business purposes. Additional rules and regulations may apply to the usage of private offices.</p> <h5>Article 9 – DAMAGES:</h5> <p>If you or any of your guests damage any property at the Coworking Space, you will be held liable, including charges incurred to repair or replace property or items.</p> <h5>Article 10 – STORAGE:</h5> <p>You are not permitted to store items of personal property at the Coworking Space. We are not liable or any loss of or damage to items left at the Coworking Space. If there are personal items left at the Coworking Space, we may dispose of them. You wave any claims you may have regarding any personal items.</p> <h5>Article 11 – THIRD-PARTY ACTIONS:</h5> <p>Please be advised that we are not responsible for the actions of other Members or their guests. We assume no responsibility or obligation regarding any disputes which may take place between our Members or guests.</p> <h5>Article 12 – NO EXPECTATION OF PRIVACY:</h5> <p>You acknowledge and agree that you may not have any expectation of privacy when you are using the internet and telecommunications systems at our Coworking Space. We may monitor your activities to keep our networks and spaces safe.</p> <h5>Article 13 – AMENDMENTS:</h5> <p>We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to do so, including revising anything contained herein. All modifications to this Agreement are in full force and effect immediately upon posting on the Website. All modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.</p> <p>To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.</p> <p>You agree to routinely monitor this Agreement on the Website to note modifications or variations. We might also change the scope of the Membership Services. If we do so, and you are unhappy with the new offerings, please feel free to contact us.</p> <h5>Article 14 – AGE RESTRICTIONS:</h5> <p>You must be at least 18 (eighteen) years of age to sign up for a Membership. We assume no responsibility or liability for any misrepresentation of your age. When you sign up for a Membership, you may be asked to provide government-issued identification to verify your age.</p> <h5>Article 15 – CREDENTIALS:</h5> <p>As part of your Membership Services, you may be required to set up specific access information for the Coworking Space, such as a username and password. You may also receive an access device, like an electronic access pass. You are responsible for ensuring the safety and security of your access information or device. You must not share the access information or device with any third party. If you discover that the access information or device has been compromised, you agree that you will notify us immediately.</p> <h5>Article 16 – AUTHORIZED USERS:</h5> <p>A company may become a Member and have authorized users. If you are a company Member, you must inform us of the name of your company as well as the authorized users of the Membership Services. We are not responsible for any unauthorized access to your company account.</p> <h5>Article 17 – FEES:</h5> <p>As a Member, you will be paying daily or monthly installments. The Fees shall be payable in advance on the 1st (first) of each month or as applicable per the membership plan selected.</p> <p>Fees shall be made via the following methods:<br>Credit Card or ACH</p> <p>We will be available at the following address:<br>The Florida Nest<br>Coworking Space Manager<br>5922 9th St North<br>St Petersburg, FL 33710</p> <p>The first full Fee under this Agreement shall be due on the start of rental Agreement. No holidays, special events, or weekends will excuse your obligation to pay timely Fees as described by this Agreement.</p> <p>If you are late with Fees, the following late fee shall apply: An additional $25.</p> <h5>Article 18 – ACCEPTABLE USE:</h5> <p>You may be provided an additional list of rules upon your registration as defined in the Membership Handbook. If so, the rules you are provided as well as the rules below apply to your Membership.</p> <p>–  You are not to damage the business reputation or physical property of the Provider. You may not act in any way which presents danger or disruption to other Members, guests, employees, agents, or animals at the Coworking Space.</p> <p>– You will not harass, abuse, or threaten others or otherwise violate any person’s legal rights.</p> <p>– You will not violate any intellectual property rights of the Provider or any third party.</p> <p>– You will not use the Coworking Space to run any public-facing business where members of the public are expected to come to you.</p> <p>– You will not use the Coworking Space to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.</p> <p>– You will not use the Coworking Space to perpetrate any fraud.</p> <p>– You will not publish or distribute any obscene or defamatory material or any material that incites violence, hate, or discrimination towards any group at the Coworking Space.</p> <p>– You will not unlawfully gather information about others, including photographing or videotaping others without their consent.</p> <h5>Article 19 – INTELLECTUAL PROPERTY:</h5> <p>You agree that all of our copyrights, trademarks, trade secrets, patents, and other intellectual property belong solely and exclusively to us (“Company IP”). You agree that we own all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from us.</p> <h5>Article 20 – TERM:</h5> <p>The term of this Agreement (“term”) shall begin from the Effective Date and run for a period of one month.</p> <p>The Term will automatically renew for the same time period, unless terminated by either of the Parties as described in the Article describing Termination.</p> <h5>Article 21 – TERMINATION:</h5> <p>At least 30 (thirty) days prior to the expiration of the Term, either Party may terminate by sending written notice to the other Party.</p> <p>This Agreement may also be terminated if:</p> <p>a) the other party commits a material breach of any term of this Agreement that is not capable of being remedied within fourteen (14) days or that should have been remedied within fourteen (14) days after a written request and was not;</p> <p>b) the other party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform;</p> <p>c) the other party or its employees or agents engage in any conduct prejudicial to the business of the other, or in the event that either party considers that a conflict or potential conflict of interest has arisen between the parties.</p> <p>If the Agreement is terminated, you agree to pay us all Fees incurred prior to the date of termination, regardless of which party terminated or why. You are only excused from paying Fees if we cease service.</p> <p>Any termination under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement that is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.</p> <h5>Article 22 – INDEMNIFICATION:</h5> <p>You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Coworking Space or Membership Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if so desired.</p> <h5>Article 23 – LIMITATION OF LIABILITY:</h5> <p>Except in cases of death or personal injury caused by either party’s negligence, either party’s liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by you to us.</p> <p>To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.</p> <h5>Article 24 – SEVERABILITY:</h5> <p>If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.</p> <h5>Article 25 – DISPUTE RESOLUTION:</h5> <p>In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.</p> <h5>Article 26 – GOVERNING LAW:</h5> <p>This Agreement shall be governed by and construed in accordance with the internal laws of Florida without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Pinellas.</p> <h5>Article 27 – HEADINGS:</h5> <p>Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.</p> <h5>Article 28 – ASSIGNMENT:</h5> <p>This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by us, our rights and liabilities will bind and inure to any assignees, administrators, successors, and executors.</p> <h5>Article 29 – NO WAIVER:</h5> <p>In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.</p> <h5>Article 30 – NO AGENCY, PARTNERSHIP OR JOINT VENTURE:</h5> <p>No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.</p> <h5>Article 31 – FORCE MAJEURE:</h5> <p>We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.</p> <h5>Article 32 – ELECTRONIC COMMUNICATIONS PERMITTED:</h5> <p>Electronic communications are permitted to both Parties under this Agreement, including email or fax. For any questions or concerns, please email us at the following address: <a href=”mailto:communitymanager@thefloridanest.com” target=”_blank” rel=”noreferrer noopener”>communitymanager@thefloridanest.com</a>. Acceptance of this agreement will be via e-signature.</p> <div id=”vacations” style=”padding-top:60px; border-top:solid 1px #ccc;margin-top:40px;”> <h3>Vacation Rental Terms and Conditions:</h3> <p><strong>These Terms and Conditions clarify The Owner’s obligations to The Renter, The Renter’s obligations to The Owner, and in the very unlikely event of any disputes, will be used as the basis for any resolution. Please read them carefully before confirming your booking.</strong></p> <p>Check-In: From 2:00pm / Check-Out: By 10:00am (High Season Weekly Rentals)</p> <p>For Low Season Weekend and Mid-Week Rentals an earlier Check-In and later Check-out may be possible</p> <p>Acceptance of these Terms & Conditions binds a contract between the following two parties:</p> <p>The Rental Applicant (The Renter) and The Property Owner (The Owner)</p> <p> </p> <h5>1. Party Members</h5> <p>All persons listed on the Rental Agreement or added subsequently by The Renter will be bound by the terms of this agreement. Occupancy of the property is restricted to those names listed on the Agreement or added subsequently by The Renter.   The Rental Applicant is considered to be the Lead Renter and will assume full responsibility for all members of the Rental Group throughout the rental period.   Information or instructions relating to this rental will be communicated to the Rental Applicant only and not to any third-party member of the Rental Group.</p> <h5>2. Payments</h5> <p>A Reservation will be confirmed by The Owner once the application has been approved and initial or full payment has been processed.   For reservations of one week or more, if the reservation is made 45 days or more before the rental commences, an initial rental deposit payment of [X%] of the rental fee will be due at the time of booking. If a reservation is made less than 45 days before the rental commences, or the reservation is less than a full week’s duration, the full rental fee must be paid at the time of booking. In the event of a reservation not being accepted by The Owner, all fees paid will be refunded immediately. Any booking made within 10 days of the start of the rental period must be paid in full by credit card via PayPal, certified check or money order at the time of booking. No reservation may commence without full payment being cleared.</p> <p>Once a reservation is received and accepted by The Owner, The Renter is liable for payment of the balance of the rental fee 45 days before occupation of the property. Non-payment by the due date will be treated as a cancellation and the deposit will be forfeited.</p> <h5>3. Cancellation Policy & Changing a Booking</h5> <p>Once a reservation has been accepted and confirmed, a cancellation can only be made in accordance with the terms below:</p> <p>– If the period of rental can be re-booked, a refund for the period re-rented or the part thereof, less a cancellation fee of [Amount]  will be issued.</p> <p>– If any part of the rental period cannot be re-booked, the Renter will forfeit all monies paid for that period.</p> <h5>4. Occupancy of the Property</h5> <p>Regardless of the published maximum number of persons a property can accomodate, the number of guests occupying the Property is strictly limited to those named on the Rental Agreement or any subsequent amendment notified in writing to The Owner. The stated and agreed occupancy figure includes all persons irrespective of age, day and overnight guests.</p> <p>Exceeding the number of stated and agreed persons will result in immediate eviction without refund, or a $100 per guest per night charge at the discretion of The Owner.</p> <h5>5. Condition of the Property</h5> <p>The Property will have been inspected prior to occupation and therefore The Renter undertakes to:</p> <p>– Notify The Owner immediately with regard to any damage and/or maintenance issues that require attention.</p> <p>– Keep the Property and all furniture, fixtures, fittings, chattels and effects in or about the Property in the same state of repair and condition as found at the commencement of the Rental.</p> <p>– Where a cleaning service is provided; The Renter shall follow the departure instructions provided by The Owner.</p> <p>– Where a cleaning service is not provided; The Renter shall leave the Property in the same state of cleanliness and general order in which it was found. Failure to do so to the satisfaction of The Owner will result in a damage/cleaning charge being levied.</p> <h5>6. Use of Telephone and Internet Services</h5> <p>Where a telephone is provided as part of the rental, The Renter must charge all long-distance telephone calls to either a credit/phone card or call collect, unless advised otherwise. Where internet services are provided, there may be download restrictions and a charge may be levied if these are exceeded. It is The Renter’s responsibility to check for restrictions on an internet device before commencing any download.</p> <h5>7. Pets</h5> <p>One dog is permitted [indicate any restrictions]. All evidence of pet occupation must be removed from the Property and grounds at the end of the rental period. Pets are not permitted on any item of furniture, including beds, and evidence of pet hair on furniture and bedding may incur additional cleaning charges.</p> <p>OR</p> <p>Pets are strictly prohibited at this property. Any evidence of pet occupation will result in a forfeit of the damage deposit in its entirety.</p> <p>The Owner accepts no responsibility for any allergic reaction or other conditions arising from occupancy of the property. The designation of “No Pets” does not indicate there have not been pets at the property at some time.</p> <h5>8. Smoking</h5> <p>Smoking is not permitted in or around the immediate vicinity of the property.</p> <h5>9. Property  Access During Winter Months</h5> <p>The Property is  offered for rental during the winter months and has road access and receives a snow clearance service from [indicate municipal or private contractor]. However, Renters are advised that following any major snowfall, snow plough providers are contracted to clear local roads in a predetermined order. Consequently, plowing at a property may be delayed for several hours or, in severe storm conditions, days. In the unlikely event that a Renter is unable to leave a property on the planned departure date, the Renter will not be liable for any additional accommodation charges. Conversely, should a lack of snow clearance prevent a Renter from reaching a property, the Renter will receive a refund of the rental fee for the day(s) the property was inaccessible. However, The Owner will be held responsible for any losses, additional expenses or penalties incurred as a result of being unable to arrive at or leave a property on time due to a lack of snow clearance. Renters are also reminded to ensure that they and their vehicles are suitably prepared and equipped for driving in the wintry conditions likely to be encountered during their visit to the Property.</p> <h5>10.   Equipment and Facilities Provided</h5> <p>Equipment and facilities are provided at the discretion of The Owner and whilst every attempt is made to ensure that such equipment is in working order for the duration of the rental period, should a breakdown or some other situation occur that renders non-essential element unusable, the Owner does not take responsibility for replacing or refunding The Renter for the lack of use of these equipment or facilities. The equipment and facilities referred to include (but are not exclusive to) such items as watercraft, motors, televisions, VCRs/DVDs, hot tubs, saunas and Jacuzzis.</p> <p>The Renter must report any inoperative or defective equipment to The Owner promptly! The Owner will make every reasonable effort to have repairs made as soon as possible; however, there are limited service contractors in [Your Area]. While every attempt will be made to ensure that all the advertised equipment and appliances are in working order at the commencement of a rental period, no reduction of rent; rebate; or refund will be issued for a mechanical failure of air conditioning, dishwasher, washer, dryer, TV or other appliances.</p> <h5>11.   Refunds</h5> <p>If a breakdown should occur to fundamental elements such as water systems, plumbing and electrical systems, and major appliances such as stove or refrigerator, every effort will be made to repair or replace, or an appropriate refund will be made for the inconvenience caused. This does not apply to system breakdown caused by misuse, such as plumbing blockages caused by inappropriate use of sanitary facilities.</p> <p>The Owner is not liable, nor will provide a refund, for any stoppage of electrical services caused by extreme weather or other circumstances beyond his control.   Similarly, there will be no refunds for inclement weather, changes in water levels, conditions at neighboring properties, or any nuisance afforded by the natural elements of the location such as flying insects or the animal population.</p> <h5>12. Other Conditions of Booking</h5> <p>The Renter shall abide by these Terms and Conditions of Rental and any other instructions contained in the individual Cottage Guide and any additional information and instructions as shall be supplied in the Property or by The Owner.</p> <p><strong>LIMITATIONS OF LIABILITY: The Renter represents, warrants, acknowledges and agrees with The Owner that he/she will use the Property and its facilities in accordance with The Terms and Conditions above and the Information provided and that he/she does so at his/her own risk and that he/she indemnifies and saves The Owner harmless from any personal injury, sickness or death, loss or damage, however caused, to person or property of The Renter, his/her family, or guests, before during or after the time of occupancy. Further, he/she accepts full responsibility for the use of the Property and any recreational equipment such as boats and motors, etc. and agree to pay for any damage of said equipment, other than for normal wear and tear. The Renter further acknowledges he/she is responsible for ensuring all Boating Regulations are observed, including having required safety equipment in the watercraft, as well as meeting current Operator Competency Requirements.</strong></p> </div>