In consideration of the monies received and the mutual promises contained herein, David L. Smith and/or Elizabeth A. Fagan, Owners of the Property located at 22621 Bay Point Dr., Galveston, TX 77554 do hereby agree to rent to the undersigned Guest, and Guest agrees to occupy and rent rooms as described below, under the following terms and conditions:

1. OCCUPANCY: Guest desires to occupy and rent the Property during the following period of occupancy:
Arrival date: ________________________ (after 3 PM)
Departure date:______________________(before 12 Noon)

2. NUMBER OF ROOMS:
_________ Standard rooms with queen-sized bed. (2 available) Each room sleeps up to 2.
_________ Master bedroom with queen-sized bed. (1 available) Sleeps up to 2.
_________ Couch queen-sized hideabed in living room (1 available) Sleeps up to 2.

3. RENT: Guest(s) agree to pay Owers the following rent, fees and taxes:
Rent:
$___________per night for Standard rooms X _______ nights = $__________
$__________ per night for Master bedroom X _______ nights = $__________
$__________ per night for Couch hideabed X_______ nights = $__________
$___30______per night for kitchen usage X__________nights =$__________
Hotel/Occupancy Tax (15% of Rent) $_________
Trip Cancellation Insurance: $___________

Rent shall include cooked or Continental breakfast as requested by Guest, prepared and served by Owners for up to 2 persons per room.

4. RESERVATION MAY INCLUDE OPTIONAL TRIP CANCELLATION INSURANCE intended to protect guest's travel investment in the event of unforeseen circumstance, which would cause cancellation. Guest will be provided with a document detailing the plan, which will also serve as Certificate of Insurance and Description of Services. Guest has 10 days after receipt of the Certificate of Insurance and Description of Services to cancel the travel insurance. If Guest chooses to cancel service within said 10 days, the amount of then insurance premium will be credited to the balance. After this 10-day period, the insurance premium paid is non-refundable. This coverage is OPTIONAL. To decline coverage, initial here _____ and do not include Trip Cancellation Insurance Premium in the Advance Payment. To accept coverage, pay Advance Payment. Coverage will begin 24 hours after Owners receive your payment.

5. ADVANCE PAYMENT of one-half (1/2) of the rental rate shown above and Trip Cancellation Insurance (TCI) premium must be paid by Guest within 7 days after the reservation is made in order to secure your reservation. If the advance payment is not received by Owners within the allotted time, the reservation may be automatically canceled without notice.
Advance Payment required: $______________(1/2 Rent) + $____________ (TCI) = $_____________ Total.

6. BALANCE DUE, including taxes, must be received by Owners 20 days prior to arrival. If the balance is not received 20 days prior to arrival, Owners shall have the right, without further notification, to deem the reservation canceled. Acceptable forms of payment include; personal check, cashier's check or money order payable to David L. Smith and mailed to 5161 San Felipe St. #320 PMB16, Houston, TX 77056, or Visa/MasterCard credit card in the Name of:____________________________________Number: _____________________________________ Expiration Date: _________ (M/Y). A $25 handling fee will be charged for all returned checks. For reservations made less than 20 days from check in, all funds, or TOTAL as shown above are due immediately. ALL RESERVATIONS MUST BE PAID IN FULL PRIOR TO CHECK-IN.

7. TAXES as required by the State of Texas include the collection of up to 15% Occupancy Tax on all fees for goods and services and on the rental rate. Taxes are subject to change. Taxes will be disbursed upon termination of tenancy or a material breach of this agreement.

8. PETS are not permitted. NO EXCEPTIONS - IF GUEST OR GUEST'S INVITEES ARRIVE WITH A PET, THEY WILL NOT BE GRANTED ACCESS TO THE PROPERTY WITH THE PET AND WILL NOT BE ISSUED A REFUND.

9. NO SMOKING: Guest understands that the Property is a "Smoke Free Facility," and, therefore, Guest agrees not to smoke inside the Property and to ensure that none of Guest's party or invitees smoke inside the Property. Failure by Guest, Guest's party or invitees to observe the "No Smoking" policy will constitute a breach of this agreement.

10. MAXIMUM OCCUPANCY, as shown above, must not be exceeded. Occupancy count does include children. Guest may, with prior approval of Owners, invite a limited number of additional friends, family and acquaintances to visit the property from 8 a.m. to 10 p.m., during which times invitees shall be allowed access to the parts of the house to which Guests have access. However, invitees may not remain on the property at other times.

11. TERMINATION - If Guest or any member of his/her party violates any of the terms of this Agreement, then Owners or Owner's Agent may, at their sole discretion, terminate this Agreement with no refund of the unused portion of the rents and may enter the premises and remove Guest, the members of Guest's party and invitees, and their belongings. Any material breach as set forth herein will entitle the Owner and/or Agent to expedite eviction procedures. A material breach shall include, but not be limited to, damage to the property, unruly behavior, excessive noise after 10 p.m. or failure to check out on a timely basis.

12. CANCELLATIONS must be made in writing and received by Owners 8 days prior to arrival date to receive a full refund less a $75.00 cancellation fee. If cancellation is received within the 7 days before your scheduled arrival, then all monies paid will be forfeited. Reservations made within 8 days of arrival date are subject to all monies forfeited if canceled. The trip cancellation insurance premium is non-refundable. Refunds will be made in the same manner as payment was received and only to the person on the reservation. TRIP CANCELLATION INSURANCE IS HIGHLY RECOMMENDED TO PROTECT AGAINST UNEXPECTED EVENTS.

13. DAMAGE: All damage caused by or observed by Guest or Guest's party must be reported promptly by Guest to Owners, if they are on the property, or if they are not available, to Owner's Agent, Robert Powell at (409) 737-9504. Owners will inspect property and will bill for all costs for damages due to extra cleaning, repairs, or replacements not reported. Tax must be charged on the assessed damage amount. If the cost of the damages is undeterminable by the time of departure, the Guest shall remain responsible for such costs and agrees to pay promptly when notified by Owners of assessed amount. Rearranging of furniture is not permitted. If Guest opts to use the kitchen, he/she must leave it in the same condition as he/she found it: all dishes and utensils washed and put away; all food removed from refrigerator; all trash properly disposed of in the containers provided; all countertops, floors, sinks, oven and range cleaned. A cleaning fee of $50 will apply if these conditions are not met.

14. INSPECTION AND EMERGENCY REPAIRS to property, its fixtures, appliances, furnishings and facilities during the rental period may be made by Owner or Owners' representative during the rental period. Every effort will be made not to inconvenience Guest and his/her party.

15. CHECK IN: is after 3:00 p.m. and before 10 p.m. on the arrival date. In extreme situations, if you plan to check in after 10:00 p.m., please call Owners at (409) 632-0866 to advise them of the time you expect to arrive. Unless previously authorized by Owners, Guest or members of Guest's party shall not be on the Property, including driveways, patios, grounds, and outside shower, prior to check in.

16. CHECK OUT: on the day of departure will be no later than 12:00 noon. At Owners' sole discretion, late check out privileges to 1 p.m. may be granted upon request by Guest. Guest must return keys to the Owners or Owner's Agent, Robert Powell, on check out day. No occupancy of the property, including driveways, and outside shower, after check out will be allowed. GUEST MAY BE CHARGED UP TO AN ADDITIONAL ONE (1) DAY RENTAL IF GUEST OCCUPIES THE PROPERTY AFTER CHECK OUT.

17. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY
a) In the event that the Owner is unable to deliver room(s) on said Property to Guest under this lease agreement prior to occupancy because of fire, eminent domain, act of nature, double booking, delay in construction or any other reason whatsoever, Guest hereby agrees that Owner's sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Guest. Owners shall make such refund promptly. Pursuant to the terms of this lease, Guest expressly acknowledges that in no event shall Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred, as a result of moving, for any damage, destruction or loss.
b) Guest understands that there are inherent risks associated with any property, including risks associated with any special feature or amenities, such as a canoe, fishing equipment, decks, seawall, etc. Guest agrees to become familiar with how to properly use the premises, including all special features and amenities included therein or thereon and may request an explanation from Owners as to such usage. Guest will be responsible to explain how to use each and every feature of the dwelling to members of Guest's party or invitees. Guest agrees to release and indemnify the Owner from and against all liability should Guest, anyone in Guest's party or Guest's invitees be injured upon the premises during the term of this lease, resulting from any cause whatsoever, except in the case of a personal injury caused by negligent act of the Owner or Owners' Agent , and Guest further agrees to indemnify and save harmless Owner and/or Owners' Agent from any claims made by Guest, Guest's party or invitees for injury or liability to person or property. If Guest or members of Guest's party or invitees choose to use the canoe, kites and/or fishing equipment, Guest agrees to do so at his/her own risk and agrees to indemnify and save harmless Owner and/or Owners' Agent from any claims made by Guest, Guest's party or invitees for injury or liability to person or property arising from such use. Guest further agrees that Guest is responsible and liable for, and will pay upon request, any damages that occur to the premises, its amenities or any portion thereof due to Guest's and/or his/her party or invitees' misuse and/or negligent use of the premises, amenities or any portion thereof.
c) Guest shall not be entitled to any refund or rebate due to acts of nature, delay in check in, unfavorable weather, disruption of utility services, malfunctioning or missing equipment/appliances/furnishings, surrounding construction and associated noise, or any other situation occurring not under Owners' control. Guest) covenants and agrees to vacate upon an evacuation order from Galveston County Emergency Management, or if at Owners sole discretion, Owners deem it in the best interest of the Guest(s) to vacate for their own safety. TRIP CANCELLATION INSURANCE IS HIGHLY RECOMMENDED TO PROTECT AGAINST UNEXPECTED EVENTS.
d) Every effort to insure that the information in this Agreement, Rental Brochure and Web Site are correct. However, Owners will not be responsible for any errors contained herein.

JURISDICTION: This agreement shall be implemented in accordance with the laws of the State of Texas.

In witness whereof, this Agreement is executed by each party hereto. Guest acknowledges and accepts all terms as set forth in this agreement, and the rules and regulations on the attached page.

By: ___________________________________________________ Guest on (Date)___________________
Guest's Address:_____________________________________________
Telephone:_________________________________________________
E-mail:_____________________________________________________

By: ___________________________________________________ Owner on (Date)___________________

Contact David Smith at (713) 532-6090 or davidlsmith@iname.com to check on availability of the property, and to reserve dates for your forthcoming vacation.