Islands of Magic @ Emerald Island

The home will be inspected after your departure. Any damaged or missing items will be identified. We will advise you of any costs that may arise as a result of the inspection. The credit card on file will be charged appropriately unless other payment arrangements are made.

It is the responsibility of all persons listed on the agreement to ensure that all equipment and furnishings within the home are treated with respect and due care. Any spillages on carpets or furnishings must be cleaned immediately. It is expected that on your departure day all furnishings will be left in a reasonably clean condition.

It is the guests’ responsibility to ensure that whenever the home is left unoccupied all windows and doors are locked. Failure to follow these requirements will result in the guests being liable for losses as a result of a burglary.

I acknowledge I am 25 years of age or older and that I have listed all persons traveling with me above including children.

I also understand that any changes or additions to the group of persons staying with me at Islands of Magic must be approved before I arrive or my reservation may be cancelled with no refund.

I understand there are no refunds for unmet expectations resulting from weather, natural disasters, personal or other related reasons, including those listed herein, with an exception for government-issued agency mandatory evacuations. Islands of Magic reserves the right to cancel reservations and refuse service to anyone, to the extent permitted by law. Travel Insurance is recommended for all guests.

Glass bottles, drinking glasses or any kind of glass is not allowed on the pool deck or anywhere near the pool.

Running and diving are prohibited.

Children are not allowed in the pool area without supervision, regardless of age. When available, safety netting and pool alarms must be used at all times and doors must be kept closed & locked.

Pool and Hot Tub are for use by the people listed in this agreement only.

Reporting of any safety concerns immediately to Islands of Magic is mandatory.

If the guest elects to pay for Pool Water Heating, we will endeavor to ensure that the pool water temperature is maintained at a minimum of 80 degrees. However, this temperature CANNOT be guaranteed as the air temperature is a major factor in heating the pool water.

Should the equipment used to heat the water fail in one way or another, we will do everything we can to correct the situation. If we can’t correct the problem, we will refund a fair portion of the price we have charged for the service.

Pets are not allowed on the property – no exceptions. Persons who are traveling with Service Animals must make arrangements with the management at Islands of Magic to obtain prior approval – otherwise your reservation will be canceled with no refund and you will be asked to leave the home.

The Property is in a residential area – excessive noise at a level that disturbs the neighbors is prohibited. Compliance with Resort-Enforced Neighborhood Quiet Hours of 10 PM – 8 AM is required and the guest is responsible for any fines resulting from a violation.

Wildlife. Florida wildlife may pose a danger so approach all wildlife & outdoor areas with caution.

The Property has been inspected to ensure no bed bugs are present, so the presence of any bed bugs can be presumed to have been caused by guest unless guest provides clear and convincing proof otherwise. Guest must vacate the property immediately without refund and pay for treatment to remove the bed bugs.

Grills are not allowed. We DO NOT have an outdoor grill nor do we allow grill rentals under ANY circumstances. No outside cooking equipment is allowed in the home or on the property.

Smoking and vaping are prohibited inside the property, including under any covered outdoor areas and in the garage. Evidence of smoking or vaping will result in a $600 fine. Guest is responsible for properly disposing of any resulting trash, including but not limited to cigarette butts and ash.

Guests are prohibited from lighting or using incense, candles or any combustible – inside or outside of the house, including under any covered area or in the garage.

Islands of Magic will provide an access code to Guest, which will stop working at checkout time. Any guest may be asked to produce picture ID upon check-in to verify the reservation.

Outdoor security cameras are in-use around the entire perimeter of the home and are monitored 24/7.

Islands of Magic or it’s contractors may enter the property as necessary to protect or inspect the property for repairs or services; for viewing by prospective buyers, or; for emergencies. Notice must be provided to extent reasonable under the circumstances.

Commercial use of the Property is prohibited, including but not limited to public events or productions.

Air Conditioning. Under no circumstances shall Guest set the Air Conditioning below 74° or the Heat above 78°, change the fan from Auto, or leave any doors or windows open.

Safe Use. Guest shall comply with all laws and rules affecting it. Fireworks, open flames, intoxication by occupants, and inherently dangerous activities are prohibited. Use fire extinguishers appropriately. Report chirping alarms, as they indicate low batteries in safety devices.

Do not take furniture outside. Do not tamper with alarms or smoke detectors. Use the overhead stove fan when cooking to avoid accidental activation of smoke detector.

There is a (4) car max per reservation – NO EXCEPTIONS. Parking is restricted to (4) vehicles total. (2) in the street and (2) in the driveway – cars are not allowed on the driveway apron.

Please note, Emerald Island Resort requires every vehicle to purchase a Gate Access Card for the duration of their stay. Each Access Card is $20 (non-refundable) and is provided upon arrival.

Property is inspected prior to guest arrival. Guest must provide notice of any problems with pool, home, garage or grounds within 24 hours of discovery or the time a reasonable person would have discovered the problem, or Guest waives any related claims. Responses shall be made as Islands of Magic reasonably deems appropriate. Absent negligence by Islands of Magic, faulty equipment, appliances, internet & phone services; bugs; noise, a warm refrigerator, a cold pool, or; inclement weather, and other similar complaints do not constitute breach of contract. Service charges resulting from a false report by Guest, as reasonably determined by a service provider, shall be charged to Guest.

Upon departure Guest are required to do the following:

CHECK OUT NO LATER THAN 10AM.
All furniture should be returned to its original location.
Remove and dispose of all items from refrigerator and cabinets.
Place dishes, utensils, etc in the dishwasher and turn it on when you depart.
Place used bed linens and towels in a pile by the washing machine.
Place all garbage in the outside trash cans.

Charges may apply if this is not followed and will be based on the sole discretion of Islands of Magic.

Risk of Loss. Each Party shall be responsible for loss, damage, or injury caused by his/her/its own negligence or willful conduct, or concerning Guest, also caused by members of Guest’s party or invitees. Each party must carry appropriate insurance. Islands of Magic is not responsible for lost or stolen property. Guest agrees that personal property left on property at the end of Rental Period shall be deemed abandoned if good faith attempts to return it fail.

Travel Insurance is available through https://www.generalitravelinsurance.com/

Islands of Magic is not affiliated with Generali and makes no statements or warranties regarding their service.

Islands of Magic recommends Guest purchase trip insurance from their preferred provider if they are concerned about possible interruptions or cancellations of trip.

This is the entire agreement, superseding all related previous negotiations, agreements, and UCC implied terms.

Guest agrees to have informed consent of all members of Guest’s party to be bound by the terms of this agreement.

Headings are solely for convenience, are not constitute part of the agreement and do not affect its interpretation. This agreement shall not be construed in favor of the non-drafting party. Only Gerson Crespo has authority to modify this Agreement, which must be in writing.

Any attempted assignment, delegation, or sublease of this Agreement is invalid.

If any provision of this Agreement is invalid or unenforceable under governing law, it shall, to the extent possible, be construed or applied in such a manner as will permit enforcement; otherwise this Agreement shall be construed as if that provision had never existed.

Warranties. No warranties exist unless expressly stated herein. Islands of Magic has sole discretion concerning determination of breach or remedy, subject to good faith and adherence to usual and customary practices in the vacation home market. Guest acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any related rights or claims.

The exclusive remedy for breach of this contract is limited to actual financial losses, and, as governed in this agreement, reasonable attorneys’ fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, Islands of Magic will not be liable for consequential damages.

Any controversy or claim directly or indirectly connected to this contract, including, but not limited to, credit card dispute process and civil litigation, shall be settled by arbitration and shall be administered by the American Arbitration Association with one Arbitrator in Osceola County, FL. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. Parties agree this clause provides a reasonable alternative to civil litigation and credit card disputes because it is mutually agreed to and administered by a neutral party.

Guest waives any right to dispute a credit or debit charge, request or demand a chargeback, or dispute that a detailed item description was provided, contact information was clearly and prominently displayed, and grievance policy instructions were provided.

For litigation between the parties not subject to the arbitration clause, the Ninth Judicial Circuit of Florida shall be the exclusive forum for any claims related to this agreement unless there exists exclusive Federal jurisdiction, in which case it shall be the U.S. Dist. Ct. for the Southern Dist. of FL.

Claims shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and legal theories. The parties waive their rights to a jury trial. The prevailing party shall be entitled to reasonable attorneys’ fees and costs from the non-prevailing party
for defending chargeback demands, public, social media, BBB, administrative, or other complaints and litigation arising out of this agreement or otherwise.

Guest agrees to hold harmless and defend Islands of Magic and its agents against any third-party complaints.

Guest agrees to indemnify Islands of Magic for the reasonable cost to defend and any payments made to settle any third-party claims including those made by members of the Guest’s party and invitees of Guest on the Property.

No party has third-party beneficiary rights under this agreement as any benefits received are merely incidental.