Terms and Conditions

VILLA MARQUESA TERMS AND CONDITIONS, DISCLAIMER OF LIABILITY AND ASSUMPTION OF RISKS WHILE ON THE PROPERTY AND USE OF ANY ITEMS

Please conserve water as the Florida Keys has a severe water restriction, no boat washing is allowed on the premises.  You can wash your boats at the Looe Key Reef boat ramp. Garbage pickup is Tuesdays so leave trash and recyclables outside the gate for pickup, the gates to the parking opens in, if they break you are responsible and The gates for the boat ramp, the left-side opens inwards toward the ramp and the right-side opens out towards the street, if they break you are responsible and the tenant will have their deposit forfeited. If you see wild life in the yard, i.e., Iguanas, turtles, Key-deer, manatees, snakes, centruroides, or such fauna, please do not disturb them, they belong to the local and indigenous federally protected fauna, or the tenant may have their deposit forfeited. Villa Marquesa is available for rent for a minimum of 28 days,  no exceptions . 

If you have a boat there are certain Ram Rod boating rules:  when leaving the main canal towards Newfound Harbor it is first one in the canal, then those boats gets to enter or exit the canal.  You CANNOT have two boats in the main canal outbound canal at the same time as this WILL causes an accident.  If you see a boat in the canal leading to the Harbor, wait in the turning basis till it passes and, and your see the canal free of boats, then you can proceed safely to the open harbor.  You MUST be in IDLE-SPEED in the canals or you will be tickets and /or heavily fined it is a MANATEE ZONE.

The front gate does not lock, and it opens inward.  Please leave it unlocked but closed at all times, especially upon leaving.  Please turn on all outdoor lights at night, when needed, since we are a “Lights Out Island” in order to help protect migrating birds and sea turtles for getting lost and disoriented. Upon leaving the vacation rental please place all towels and sheets on the bed or floor for washing. Do not dispose of Cigarette buds by tossing them in the yard, planters, property or water and No smoking permitted in the house, or the tenant will have their deposit forfeited.

Upon leaving please throughout all trash and place recyclable items into the recycling bin. When you use the outdoor shower, please remember to turn on/off the main valve (red-valve next to the washer/dryer downstairs) after before and after use, if there is extra water loss tenant will pay for it. If you have a boat you must use boat bumpers between your boat and the dock, and no boat washing is allowed or the tenant will have their deposit forfeited.  There is a boat wash area near the Tiki Bar.

If you use the fire-pit or the BBQ please clean it out after each use or the tenant will have their deposit forfeited. To turn on the lights by the outdoor sitting area, plug in the orange extension cord.  Pool Table Paddles and pools sticks are to be found outside under the pool table cover.

You are not permitted to gut fish and dump the remains in the water; you must dispose of them in a seal plastic bag for disposal. or the tenant will have their deposit forfeited  There is to be no trash, cigarette butts, cans left on or around the premises, or the tenant may have their deposit forfeited. No bait in the refrigerators or the tenant will have their deposit forfeited.  All bait used must be discarded daily and not left outside on the docks or around the house.  Do not leave hooks or fishing monofilament around the house on in the water or the tenant will have their deposit forfeited. Do not open or close the up-stairs bathroom window or the downstairs windows since they jam.

Only the guests named on the vacation rental lease are allowed to sleep in the house no overnight guests are permitted without owner permission or the tenant will have their deposit forfeited.  The number of guests described in the lease agreement is strictly enforced, no addition guests will be allowed or Tenant forfeits from their deposit a $200.00 surcharge per guest per night.

No Tenant shall harass, disturb, bother, harass and/or cause unreasonable noise which may negatively affect the any other Tenant and/or Neighbors or the tenant will have their deposit forfeited.  If there are more than two complaints, regarding the above during the tenants stay, the tenant may have their deposit forfeited. Tenants agree not to open the locked areas of the home as they are the personal use of the owners, or the tenant may have their deposit forfeited.

When Guest leaves, please lock the house, close all the blinds and turn on the A/C, and leave the keys where they were found or give them to Joe Wells 305.923.0979, if the tenets unlawfully opens the locked A/C thermometers or any other part of the house that is sealed off or the tenant will have their deposit forfeited.  The A/C should be kept at 75 degrees and do not leave the doors or windows open when the A/C is on as it will freeze-up and cause damage to the unit or the tenant will have their deposit forfeited.  Please TURN THE A/C UPON DEPARTURE.

Swimming is AT YOUR OWN RISK, always use life jackets in the canal, dock, boat ramp, kayak or SUP and supervise all children, we are not liable for any harm cause to you, your guest or your invitees. It is illegal to touch or harm any conch shells and certain shells especially if they are alive, best bet is to look and don't touch.  Same goes for manatees, birds, snakes, iguanas, deer and corals.  There are centruroides, Coconuts and Coconut Palm Trees on the property, and falling coconuts may pose a risk of injury, allergic reaction, death, harm or damage to persons or property.  YOU ARE AT YOUR OWN RISK, OWNER ASSUMES NO RISK OR LIABILITY WHILE YOU ARE IN, ON, OR AROUND THE VILLA MARQUESA PROPERTY OR WHILE USING ANY EQUIPMENT OR ITEM (THEIR USE OR ANY DANGERS ASSOCIATED WITH THEIR USE IS ASSUMED BY THE USER, RENTER, TENANT, GUESTS, THEIR FAMILY, OR INVITEES), AND SUCH THEY ASSUME ANY AND ALL INHERENT, KNOWN, UNKNOWN, SEEN, UNFORESEEN, DISCOVERABLE, UN-DISCOVERABLE, LABILITY, RISK, HARMS, AND /OR DAMAGES WHILE STAYING AT THE VILLA MARQUESA PROPERTY.

(KAYAK SUP-PADDLE BOARDS, BIKE, FIRE PIT, HAMMOCKS, BBQ, GRILL, BOAT RAMP AND BOAT DOCK, and / or other equipment herein “ITEMS”) and the VILLA MARQUESA PROPERTY AS A WHOLE AS USED BY USER(S) / TENANT(S) / GUEST(S), THEIR INVITEES, CHILDREN, FAMILY, GUESTS, TRESPASSERS OR OTHER UNAUTHORIZED USERS

Any kayaks, stand up paddle boards, BBQ, grills, fire pits, boat ramp, chairs, tables, pool tables, and bicycles, and any other movable property (“ITEMS”) located at the VILLA MARQUESA Property, as mentioned above, are not owned by the owners of Villa Marquesa, but are personal items and can be used free and at no charge but are used “AT YOUR OWN RISK”, OWNER ASSUMES NO RISK OR LIABILITY FOR THEIR USE OR ANY DANGERS ASSOCIATED WITH THEIR USE. USER / TENANT / RENTER / GUESTS ASSUMES ANY AND ALL LIABILITY OR RISK ASSOCIATED WITH THE USE OF THE ITEMS AND THESE ARE NOT BE USED BY CHILDREN.

In consideration of being allowed to use the ITEMS and/or equipment, I the USER AND OR USER(S) acknowledge, appreciate, understand, and agree to the following: ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY & RELEASE OF LIABILITY ACKNOWLEDGEMENT OF WARNING: There are significant elements of risk in any use or activity associated with the use of the (ITEMS) by the USER. ACKNOWLEDGEMENT AND RECOGNITION OF RISKS: USER expressly acknowledges that ITEMS are activities with inherent risks of injury or death to persons and property; USER is aware of those risks, understands them and assumes any and all risks to themselves and / or others.

User recognizes that there are inherent risks, loss or injury in these types type of activities and while staying at the Villa Marquesa property. These risks may result in serious injury or death, and include but are not limited to the following: 1) Falls, burns; 2) Collisions with boats, flying fish, crocodiles, fish, barracudas, sting-rays, sharks, eels, persons, manmade and natural objects; 3) Hazards of water, slippery boat ramps, and/or obstructions; 4) The presence of conditions which may be hazardous in or outside the home, property or water; 5) Hot and cold weather and heat related injuries or illness including hypothermia, frostbite, heat exhaustion, heat stroke and dehydration; 6) Inclement weather, varied or severe wind, weather or temperature conditions; 7) Slippery conditions associated with fog drip, rain, other precipitation and ice; 8) Fog banks which can reduce visibility to near zero; 9) lack physical coordination, ability to balance or control a Items, and ability to follow directions; 10) Equipment failure; 11) Loss of or damage to personal property; 12) Accidents or illnesses occurring in remote places where there are no available medical facilities; and/or  13) Drowning. ALL USERS ARE REQUIRED TO WEAR LIFEJACKETS / PFDS AT ALL TIMES when near the water. USER understands that use of a life jacket/PFD does not remove all risks of injury; nor does it make Items a safe activity. USER alone has determined the sufficiency of any safety gear or other precautions that USER decides to take to minimize the risks of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity or use of the ITEMS or the VILLA MARQUESA Property. USER expressly assumes the risks while using any ITEM or while staying at the VILLA MARQUESA PROPERTY. 

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: USER agree to assume responsibility for the risks identified herein and those not specifically identified. USER certifies that they are physically and mentally capable of using any ITEM located at the Villa Marquesa property. USER’s use of any ITEM is free and purely voluntary. If any USER elects to use any permissible ITEM of stay at the VILLA MARQUESA property they do so in spite of any and all risks, known or unknown, seen or unforeseen. Therefore, USER, TENANT, GUEST, RENTER, assumes full responsibility, for themselves, their family, any invitees, guests, their trespassers, and any minor children for which they are responsible, during their tenancy by signing the lease agreement and for any and all bodily injury, accidents, illness, death, loss of personal property and any related expenses, and indemnify the owners of VILLA MARQUESA PROPERTY as such. In addition, the USER / TENANT, RENTER AND / OR GUEST the assume the risk(s) of property damage, personal injury to myself, others, or third persons, accidents and/or illness, including but not limited to, sprains, torn muscles and or ligaments; fractures or broken bones, eye damage; cuts, wounds, scrapes, abrasions, “road rash” and/or contusions, dehydration, oxygen shortage (hypoxia), hypothermia, exposure and/or water sickness; head, neck, and/or spinal injuries, animal bite or allergic reaction, shock, and/or drowning, falling coconuts and/or any other injury; hereby agree they have appropriate insurance or in its absence agree to pay all medical costs of rescue and/or medical services; and indemnify the owners of VILLA MARQUESA PROPERTY as such.

RULES OF OPERATION: USER hereby agrees to use Items are subject to the following rules of operation:

1. All Items users must obey all Florida rules and regulations.

2. USER must be at least eighteen (18) years of age or have parental/legal guardian consent to participate and all children must be accompanied by a responsible adult over eighteen (18) years of age AT ALL TIMES.

3. USER ASSUMES LIABILITY FOR ANY AND ALL PROPERTY DAMAGE OR PERSONAL INJURIES, INCLUDING HIS OR HER OWN, OR ANYONE ARISING OUT OF THE USE OF ANY ITEMS, EQUIPMENT OR USE OF THE VILLA MARQUESA PROPERTY PURSUANT TO THIS AGREEMENT; USER  WILL BE RESPONSIBLE FOR ANY MONETARY CHARGES FOR DAMAGES NOTICED AFTER USE OF THE ITEMS AND / OR THE VILLA MARQUESA PROPERTY AND FAILURE TO RETURN THE ITEMS IS A SERIOUS CRIME AND VIOLATORS WILL BE PROSECUTED FOR FELONY THEFT.

4. RELEASE: The ITEMs are not part of the Villa Marquesa property and as such the USER’s are being permitted, at their own risk,  to use the ITEMS, the USER agrees to release from any and all liability Villa Marquesa or any of its affiliated organizations or persons, I USER hereby agree that I, my assignees, heirs, distributes, guardians, and legal representatives will not make a claim against, sue, or attach property to VILLA MARQUESA and/ or affiliated organizations or persons, or the supplier of any of the ITEMS I or anyone in my party will use in these activities for injury, or death, or damage resulting from the negligence or other acts, howsoever caused by USER or those under the Users control or by any employee, agent or contractor  or any of its affiliated organizations as a result of participation in and use of the ITEMS and equipment by USER,

5. If USER  breaks or loses any Paddles or Life Jackets they will pay replacement cost of $200 per Paddle, and $60 per Life Jacket, $2000.00 per kayak or SUP. USER also will take responsibility for any damage to any (KAYAK SUP-paddle boards, bicycle, fire pit, BBWQ, boat ramp, hammocks, chairs and boat dock use)(s) beyond reasonable wear and tear, and pay for any such damage. If an ITEM is damaged the renters (USER) deposit will be used as a guarantee until payment for damage or loss is received or the Tenant (USER) shall have their rental deposit forfeited as damages, and the renter (USER) shall be billed for the remainder. 

6. USER hereby release VILLA MARQUESA, the owner(s) and / or third parties and/ or any affiliated organization or persons from all actions, claims, or demands by USER’s, children, family, invitees guests, trespassers, assignees, heirs, distributes, and legal representatives now and forever hereafter for any losses, injury, or death, or damage resulting from the use of any ITEM or for their stay at the VILLA MARQUESA property and do hereby release: VILLA MARQUESA and any affiliated organizations, its principals, directors, officers, agents, employees and volunteers and each and every land owner, municipal and/or governmental agency upon whose property any activity is conducted, ARE RELEASED FROM ALL LIABILITY AND I WAIVE ANY CLAIM for damage arising from any cause whatsoever from the result of any negligence, whether it may have occurred inside or outside the VILLA MARQUESA Property or caused by any ITEM / equipment located in and around the VILLA MARQUESA PROPERTY.

I have read the above and agree to its terms and condition, and agree to be subject to them without limitation.  User/ Guest/ Tenant/ Renter waives and assumes any and all liability from any dangers known, unknown or posed while staying at VILLA MARQUESA or while using ITEM'S and /or equipment located at such, and indemnify the owners of the Villa Marquesa property as indicated above from any and all harms. I HAVE READ THIS RELEASE OF LIABILITY, FOREGOING WARNING, ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY BY USING ANY ITEM OR EQUIPMENT LOCATED AT VILLA MARQUESA; STAYING, RENTING AND /OR VISITING THE VILLA MARQUESA PROPERTY AND HEREBY, RELEASE AND INDEMNIFY THE OWNERS OF VILLA MARQUESA FROM ANY AND ALL LIABILITY OR NEGLIGENCE.   I UNDERSTAND THAT BY READING THIS DOCUMENT I AM WAIVING VALUABLE LEGAL RIGHTS, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.