This Vacation Rental Agreement (“Agreement”) constitutes a contract between The Wave Houses | Arete Property Management, LLC (“The Wave Houses”), as agent for the “Owner” of the property, and the undersigned “Guest”, whether one or more. Making the reservation, or 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 the property for a vacation rental. In signing this Agreement, the Guest agrees to abide by the following conditions as they pertain to the property and rental dates listed below.

1. RENTAL PERIOD: This Agreement is for the property and dates provided for on the reservation form. Check in time is 4 p.m. Check out time is 11 a.m. unless otherwise specified. We will try to accommodate early check in and late check out requests, but they are not guaranteed.

2. INITIAL DEPOSIT AND RENTAL AGREEMENT: The Agreement must be acknowledged and returned with the initial deposit, which must occur within five (5) days of making the reservation, or the reservation shall be automatically cancelled. Arete Property Management (“The Wave Houses”) requires a 50% deposit on confirmation of booking. There is a damage deposit stated in paragraph 4.

3. FINAL PAYMENT: Final payment is required sixty (30) days prior to the check in date.

4. SECURITY DEPOSIT: A security deposit (cash or credit card authorization) will be collected at or before check in time. The security deposit will be refunded after departure and inspection of the rental. If secured with a cash security deposit, refund will be handled at check out. Credit card authorizations are released by Arete Property Management (“The Wave Houses”) after checking out but credit availability is subject to individual credit card companies and may vary. Property must be left in the same condition as upon arrival. Any damage beyond normal wear and tear, maid service or trash removal incurred to the property during the duration of this Agreement will be photographed and may be charged to the security deposit. This includes but is not limited to extraordinary cleaning requirements, furniture repair and any missing property.

5. PAYMENT: Payment made by credit card will occur when the reservation is made either on-line or over the telephone. The Guest agrees to not claim any chargebacks or credits from his credit card company for any fees charged to his credit card, including but not limited to booking or deposits.

6. CANCELLATION POLICY: Cancellations at least 21 days before the start of the stay will receive a full refund (minus 3% processing fee). Cancellations within 21 days of the start of the stay will result in the loss of the 50% deposit. Cancellations made within 7 days of the start of the stay will result in the loss of 100% of the reservation total. We will do our best to re-rent, and if successful, we can offer partial refunds minus an administrative fee. All cancellations must be made by 11:59 pm in the property’s time zone to fall within the cancellation policy.

7. EARLY DEPARTURES: There are no refunds for early departures. This includes departures due to inclement weather, illness, or any other reason. Guests are financially responsible for the entire booking once your reservation has been made.

8. MINIMUM AGE: The minimum age required to make a Guest reservation is 21 years old. Parents renting for children under the age of 21 without accompanying them is not allowed.

9. BREACH: If a Guest or any member of their party violates any terms or conditions of this Agreement, Arete Property Management (“The Wave Houses”) may terminate this Agreement and Guest shall be subject to eviction and shall be subject to forfeiture of total payments for any days remaining under lease term. Any security deposit will be handled in accordance with paragraph 4 above.

10. WEATHER AND SPECIAL CIRCUMSTANCES: We recommend the purchase of vacation travel insurance at Guest’s expense that may protect against unforeseen weather events, evacuation from the island due to medical or weather conditions, involuntary unemployment, family sickness or death, trip interruption or other special circumstances. Further information is available upon request.

11. UNAVAILABILITY OF PROPERTY: In the event the property is not available for use during the rental term due to reasons, events, or circumstances beyond the control of Arete Property Management (“The Wave Houses”), Arete Property Management (“The Wave Houses”) will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Arete Property Management (“The Wave Houses”) shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and there are no further obligations or liabilities by either party in any manner pertaining to this Agreement.

12. WAIVER OF LIABILITY FOR RENTAL: The Guest will assume all responsibility for their party for the risk of using the house and property area and agrees to waive any claim whatsoever against Owner or Arete Property Management (“The Wave Houses”) for accidents or claims arising from use. Any Guests 18 years old or under must be accompanied by a parent. WAIVER OF LIABILITY FOR HOT-TUB: The Guest will assume all responsibility for their party for the risk of using the hot-tub and hot-tub area and agrees to waive any claim whatsoever against Owner or Arete Property Management (“The Wave Houses”) for accidents or claims arising from use. Any Guests 18 years old or under must be accompanied by a parent. WAIVER OF LIABILITY FOR FIRE PIT: The Guest will assume all responsibility for their party for the risk of using the fire pit and fire pit area and agrees to waive any claim whatsoever against Owner or Arete Property Management (“The Wave Houses”) for accidents or claims arising from use. Any Guests 18 years old or under must be accompanied by a parent. WAIVER OF LIABILITY FOR BARBECUE GRILL: The Guest will assume all responsibility for their party for the risk of using the barbecue grill and barbecue grill area and agrees to waive any claim whatsoever against Owner or Arete Property Management (“The Wave Houses”) for accidents or claims arising from use. Any Guests 18 years old or under must be accompanied by a parent.

13. WAIVER OF LIABILITY: The Guest will assume all responsibility for their party for the risks and agrees to waive any claim whatsoever against Owner or Arete Property Management (“The Wave Houses”) for accidents or claims arising. Children must be accompanied by an adult at all times.

14. NUMBER OF GUESTS: The number of occupants allowed at the property is based upon The number provided in the reservation. The max number of occupants allowed for the property is based upon the number of beds (including sofa sleepers) with 2 persons per bed. This number includes both adults and children. All Guests must be authorized by Arete Property Management (“The Wave Houses”). In cases of unauthorized number of persons, Arete Property Management (“The Wave Houses”) reserves the right to ask for immediate decrease in occupancy to continue the stay or to have the property vacated with no refund.

15. REPAIRS/MAINTENANCE: Please notify Arete Property Management (“The Wave Houses”) as soon as possible if there are any problems with the property. Arete Property Management (“The Wave Houses”) will make every effort to rectify any problem in a timely manner. Upon reasonable notice, Arete Property Management (“The Wave Houses”) representatives or employees will have the right to enter the property at reasonable hours and times to inspect the premises, to make repairs or alterations, or show property for sale. If Arete Property Management (“The Wave Houses”) is unable to secure timely repair after being notified, Arete Property Management (“The Wave Houses”) reserves the right to move Guests to comparable accommodations with no rate reductions.

16. ENTRY and INSPECTION: Arete Property Management (“The Wave Houses”) reserves the right to enter the property at reasonable times and with reasonable advance notice for the purposes of inspecting the property or showing the property to prospective purchasers, renters, or other authorized persons. If Arete Property Management (“The Wave Houses”) has a reasonable belief that there is imminent danger to any person or property, Arete Property Management (“The Wave Houses”) may enter the property without advanced notice.

17. PETS: Pets are not allowed on the property without prior approval from Arete Property Management (“The Wave Houses”). Pet fees and deposits may be required.

18. SMOKING: Smoking is strictly prohibited in any indoor area. If this policy is violated, cleaning damages of $500.00 will be taken from the security deposit. Smokers can use the exterior balconies or outdoor areas. We ask that all cigarette and cigar butts or waste be put in the ashtray or garbage and not thrown on the tiles or anywhere outside.

19. INTERNET AND CABLE: We provide complimentary Wi-Fi throughout the property, but we provide no guarantees regarding interruption in service caused by 3rd party providers.

20. BALCONIES AND PATIOS: There are several balconies and patio areas that may pose a hazard to children or others. Arete Property Management (“The Wave Houses”) is not responsible for any injuries or death that may occur in, or around the property. Do not leave children unattended in these areas.

21. LOST ITEMS: Arete Property Management (“The Wave Houses”) is not responsible for lost, stolen, or misplaced items. However, if notified and/or found within a reasonable amount of time, Arete Property Management (“The Wave Houses”) will ship items using a valid Guest credit card.

22. TRASH: Trash must be deposited in trash containers.

23. WAIVER OF LIABILITY, DAMAGES AND INDEMNITY: Guest agrees to indemnify and save Owner, Arete Property Management (“The Wave Houses”) representatives, employees and agents free and harmless from any claim or liability for any loss or damage whatsoever arising from or in connections with the rental of the property including but not limited to any claim or liability for personal injury or damage or loss of property which is made, incurred or sustained by the Guest or any Guest visitors. This also includes the pool, dock, and any recreation areas that the property may be part of or connected to as well as rental equipment or transportation ordered through Arete Property Management (“The Wave Houses”) representatives or employees for Guest use. Under the terms of this Agreement and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Arete Property Management, LLC Properties, The Wave Houses, Nantucket Whale Inn, The Mill Rose Inn (Hereinafter the “Releasee”) including their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following: Arete properties, The Wave Houses, Nantucket Whale Inn and Mill Rose Inn (and all team members/contractors) are released from any liability that may come from voluntary use of the bicycles or any other equipment at any property address. It is understood and agreed that this Agreement is made and received in full and complete settlement and satisfaction the causes of action, claims, and demands mentioned herein; that this Release contains the entire Agreement between the parties; and that the terms of this Agreement are contractual and not merely a recital. Furthermore, this Release shall be binding upon the undersigned, and his respective heirs, executors, administrators, personal representatives, successors, and assigns. This Release shall be subject to and governed by the laws located in the State of the Releasee.

24. LIMITATIONS OF REMEDIES: The parties agree to waive trial by jury in any action between them arising out of or in any way connected with this Agreement or Guest’s use or occupancy of the property. If Arete Property Management (“The Wave Houses”)/Owner is forced to resort to employment of legal counsel, litigation, or professional collection services in the collection of any amounts due Arete Property Management (“The Wave Houses”)/Owner under this Agreement, Guest shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney’s fees if Arete Property Management (“The Wave Houses”)/Owner prevails in said legal action.

25. VIDEO SURVEILLANCE: The Property has a security cameras placed in the access and exterior areas of the property. This video footage is not shared and is recorded for liability reasons in the cases of a break-in, death, injury, guests sneaking in pets, guests disregarding the maximum occupancy allowed, and in no way infringes upon the guests’ expectations of privacy in these public areas of the property. Any attempt at disabling or obscuring the cameras is prohibited and may result in the guest being evicted without refund. The full deposit will be forfeited if any of the above are found. You will also be asked to leave the property immediately without any money returned.

Welcome to our respectful and responsible community. We are pleased to inform you that this property is committed to Rent Responsibly standards. This means we follow best-in-class guidelines to ensure you have a peaceful, safe and memorable stay with us.

Please be mindful of our neighbors during your stay. The property’s quiet hours are in place to ensure that you and our whole community can enjoy a restful night’s sleep. We are dedicated to protecting our guests and neighbors from bothersome levels of noise. In an effort to do so, this property is equipped with NoiseAware technology. NoiseAware is 100% privacy compliant and is required on this property.

NoiseAware is here for your benefit. It helps protect you from aggravating noise from nearby renters or neighbors, as well as proactively prevents noise complaints. If you have any questions please ask. We are committed to your comfort so please let us know if we can do anything during your stay to make it more enjoyable.

ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties and there are no representations, inducement, or other provisions other than those expressed in writing as contained herein. No representations, agreements, undertakings or promises whether oral or implied or inferred have been made by either Arete Property Management (“The Wave Houses”) or Guest unless expressly stated herein. I HAVE READ THIS ENTIRE CONTRACT AND AGREE THAT I AM RESPONSIBLE FOR ALL OF THE ABOVE. I AGREE TO BE RESPONSIBLE FOR ALL DAMAGES CAUSED BY MY PARTY. Arete Property Management (“The Wave Houses”) HAS MY EXPRESS PERMISSION TO AUTHORIZE MY CREDIT CARD OR TAKE CASH FOR A SECURITY DEPOSIT IN THE AMOUNT OF $500.00. I UNDERSTAND THAT, SHOULD IT BE NECESSARY, THIS AUTHORIZATION WILL BE UTILIZED BY ARETE PROPERTY MANAGEMENT (“THE WAVE HOUSES”) TO CHARGE ME FOR ANY DAMAGES, MISSING ITEMS, ANY EXTRAORDINARY CLEANING TO THE UNIT AND ANY CHARGES ARISING FROM ANY VIOLATION OF THE VACATION RENTAL AGREEMENT BY MYSELF OR ANYONE IN MY PARTY.