Cabin Rental Agreement - Bearadise Retreat & Buck Valley Lodge

CABIN RENTAL AGREEMENT/CONTRACT

State of Georgia, Counties of Gilmer

We have found that a written Agreement detailing the rights and obligations affecting you and your group ("Guest", "Guest Tenant", or "You") and us ("the Owner," or "We", or "Owner Landlord") is the best way to ensure that we all share the same understanding of this rental relationship. It is our consistent intention to deal with all guests fairly and with complete integrity and to offer the most positive rental experience possible. We regard the opportunity to host you as a privilege, and genuinely want to meet or exceed your expectations. We ask that you carefully review the following terms, and to please bring to our attention any questions or concerns you might have, no matter how small. If a matter is important to you, it is also important to us.

This is intended and understood to be a legally binding agreement.

. RESERVATION AGREEMENT - Guests acknowledge, understand, and agree that the moment Guests pay any deposit or rental amount Owners' Cancellation Policy will govern any cancellation, rescheduling, or change after the credit card authorization.

. CANCELLATION/RESCHEDULING POLICY - Cancellations, rescheduling, or changes must be submitted in writing and confirmed received by owner no later than thirty (30) days prior to check-in date, in order to receive refund, less $100 processing fee. If cancellations, rescheduling, or changes are made less than thirty (30) days prior to check-in date, NO REFUNDS OR REBATES will be offered. NO EXCEPTIONS other than IF we are able to rent the cancelled dates to another party we will issue a refund of the amount of the new reservation minus $100 processing fee. If booking through a third party website such as AirBnb, HomeAway, VRBO etc. they may have a "Booking Fee" that may or may not be refundable, it is your responsibility to confirm with that site. We highly recommend that you purchase travel protection insurance to protect you from unforeseen issues that could interupt your vacation. We don't endorse any particular company but some to look at are www.travelguard.com/ and https://www.csatravelprotection.com/

. NO SHOW/EARLY DEPARTURE POLICY - Owners are not responsible for Guests inability to arrive or if Guests chooses to depart early for any reason, or if members of Guests party do not show up. NO REFUNDS OR REBATES will be offered.

. REFUNDS - This Cabin Rental Agreement is a legally binding agreement between Guest & Owner. Your reservation binds you to a specific period of time. Owner will make every effort to correct any problem that arises during your stay in a timely manner. There should be no expectation of refund, and there will be no refund or relocation because you are disappointed with the property you have chosen to rent or in the event that something associated with the property is not working to your satisfaction. There will be no refunds or compensation for: Acts of God, Mother Nature, acts of war or government agencies, road maintenance, gas shortages, power outages or water outages.

. MAXIMUM OCCUPANCY - The maximum occupancy of Bearadise Retreat is nine (9) people and Buck Valley is eleven (11) people. Any child one year old and above is considered an occupant & must be included in the occupancy total. Rollaway beds, inflatable mattresses & sleeping bags are prohibited. If you are found to exceed the maximum occupancy of your cabin it will be considered a breach of contract and will result in immediate eviction with NO REFUNDS OR REBATES. NO PARTIES - This is not a party house. The Renter must be 25 years of age to book this Vacation Rental and must stay in the cabin each night of the rental. Any special occasions such as weddings, receptions, family reunions or increase of occupants (guests not registered on registration form) must be disclosed at the time the reservation is made and is subject to Owner's advanced approval. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time. Adults cannot rent property on behalf of guests under the age of 25, no exception. If Owner determines or discovers that the information contained in this Agreement is false, or if the reservation in any other way was obtained under false pretenses, Owner reserves the right to cancel and/or rescind this Agreement, refuse admittance of Guest or to discontinue occupancy if such violation or misrepresentation is determined. There will be no refund of Rent or the Security Deposit in the event of a violation under this paragraph.

. ENTRY OF PREMISES - With Guest's permission, which is hereby given, Owner or Owner's representative may enter the premises during reasonable hours without securing prior permission from Guest, but shall give Guest notice of such entry immediately prior if possible or immediately thereafter if not possible. For inventory and maintenance purposes a property management employee of the Owner may need to enter the premises. The same permission procedure applies as above. In any emergency, Owner or Owner's servicing agents may enter the premises at any time without notification of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner may, at his option, terminate this agreement, re-enter the premises and remove all Guest's property.

USE OF SECURITY CAMERAS - Renters understand and accept that the property is protected with outside security cameras. These cameras are used to protect the property from potential overcrowding, break-ins and theft. There are NO cameras inside the house.

DIRECTIONS TO RENTAL PROPERTIES - Directions will be sent by Owners 5 - 7 days prior to your arrival (or immediately if reservation is less than 7 days away), after the remaining balance has been received. If Guests leave home without directions we cannot guarantee that we will be able to direct them to the cabin. Guests agree that Owners reserve the right to enter property at anytime to investigate disturbances, check occupancy, check damages, make repairs, alterations, and improvements, as Owners deem necessary.

MAINTENANCE - In case of a breakdown of any property equipment, guests shall notify Owners immediately to make the necessary repairs. We can not guarantee; heat, air conditioning, electricity, water, any appliances, cable, satellite, television, telephones, electronics, gas logs, grills, etc. No refunds or compensation will be given for failure of the above. Should a repair person make a call to repair or replace a unit that is found to be in non-working order and the problem was due to Guests oversight, neglect or misuse, Guests agree that the repair call costs may be billed to the Guest. Under no circumstances is the guest to attempt to make any repair without the prior consent of owner.

USE OF RESORT AMENITIES - Guests understand certain amenities at Buck Valley Lodge may be closed due to maintenance, weather or other conditions out of the control of Owners. Owners will leave one Amenity Punch Card for each rental period. This card is good for up to 7 punches with each punch allowing up to 4 guests into a resort amenity. If more punches are needed additional cards may be purchased directly from the resort for $70. Punch card must be left in the cabin upon check-out (even if all punches are used). If Punch card is not left in cabin Guest will be charged $70 for replacement.

SATELLITE TV - Owner cannot guarantee certain TV channel availability. Rental properties do not offer premium packages, i.e., Movie Channels, Sports Channels, Pay Per View, etc. Owners cannot under any circumstance activate premium channels. NO EXCEPTIONS! Being remote in the mountains the telephone service sometimes does go down. NO REFUNDS OR REBATES will be offered.

WOOD BURNING FIREPLACES - Guests acknowledge, understand, and agree that wood burning fireplaces are seasonal and Owners will provide 1 bundle of complementary hardwood logs from October 1 through April 1 when available. No other item including but not limited to; charcoal, lava rocks, accelerants, etc. will be burned in wood log fireplaces. Guests agree to pay not less than $100, if any items, other than hardwood or duraflame type logs are burned in fireplace. Guests further agree that no fire will be left unattended.

FIRE-PITS - Guest agrees that no burning or smoldering fireplaces or firepits shall be left by guests, ever. Pine logs stacked next to the fire pit may be used only outdoors or you may purchase firewood in town for this purpose. Guests agree to abide by local ordinances regarding prohibition of open fires during dry seasons. Any fines or levys will be the responsibility of the guests.

ITEMS LEFT BEHIND - Owners are not responsible for any items Guests leaves behind in cabin. Owners are authorized to charge a fee of $25 plus shipping costs for the return of any items Guests leave behind in cabin.

HOT TUBS - Guests may not add any objects or chemicals to the hot tubs. Guests agree to pay not less than $100, if hot tub has been compromised in such a manner that results in cleaning services being delayed. Hot tubs have been cleaned prior to Guests arrival. Guests agree to pay an additional charge of $45 if Guests request an additional cleaning of hot tub during Guests? stay. Guests understand that hot tub usage is at their own risk and will not hold Owner or Property Owner responsible for any injury. It is absolutely forbidden for children to be in the hot tub without a responsible adult. Hot tub covers are for insulation purposes and are not designed to support a person. If the hot tub cover is broken due to this the accidental damage insurance will not cover replacement as they view it as negligence and you will be assessed a $500 fee for replacement.

FURNISHING/FURNITURE - All furnishings/furniture in the cabin are in place as the owners wish them. Guests agree to pay not less than $100 if furniture is rearranged in such a manner that results in cleaning services being delayed.

LONG DISTANCE TELEPHONE CALLS - Cabin telephones do permit domestic long distance calls. Guests agree that any special feature calls including but not limited to; Call Return, Call Block, Call Forward that Guests activates will be billed to Guests credit card on file plus a $15 service charge per incidence. Majority of Cell-phone coverage is reliable in the cabins, however signal may weaken in the surrounding area. Being remote in the mountains the telephone service sometimes does go down. NO REFUNDS OR REBATES will be offered.

WIFI INTERET USAGE - Guests acknowledge that Wifi is made available for your convenience. Please ensure that every member of your party understands what Internet abuse consists of to avoid unintentional problems (parents please monitor teens). Internet abuse: communications via email or Internet chat consisting of threats, harassment, viruses, spamming, port scanning, hacking, DOS attacks, and copyright infringement. If our Internet Service Provider (ISP) notifies us that this IP address has been used in Internet abuse, like, downloading of unpermitted games, films, photos, songs of other copyrighted protected material, during a specific time frame, we may seek reimbursement from you for any penalty for copyright violation that we (the Owners) are charged with. Being remote in the mountains the internet sometimes does go down. NO REFUNDS OR REBATES will be offered.

NON-SMOKING - NO EXCEPTIONS! Our cabins are non-smoking cabins (including all decks, porches and steps). Guests agree to pay not less than $350 for odor abatement if they smoke in the cabin or $75 if cigarette butts are left on the grounds.

ALCOHOL/DRUGS - No drinking of alcoholic beverages by persons under the legal age of twenty-one (21) is allowed on rental properties. Guests agree that if Guests are arrested for underage drinking at rental properties or if Owners observe Guests under the legal age of twenty-one (21) drinking alcoholic beverages, this Agreement/Contract may be terminated and Guests evicted with no refund or rebate at the option of the Owners. Illegal drug use is strictly prohibited.

CONDUCT - Occupancy and use of premises shall not be such as to disturb or offend neighbors or residents, including but not limited to; parties, excessive speeding through neighborhoods, riding of ATV's or Off Road Motorcycles/Dirt Bikes, excessive noise and/or obnoxious behavior, discharging of Firearms, BB/Pellet Guns, Paint Ball Guns, Potato Cannons, or Fireworks, etc. The Owners have the prerogative to terminate this Agreement/Contract and to demand that disruptive Guests vacate the premises, thereby forfeiting all monies to Owners. NO REFUNDS OR REBATES will be offered.

GRAVEL ROADS - Roads leading to our cabins are dirt and gravel and mountainous and are sometimes bumpy. Owners are not responsible for conditions of road and NO REFUNDS OR REBATES will be offered. Please drive slowly and don't spin your tires as this ruts up the roads. Any fines or tickets for speeding or not following local rules are completely the responsibility of the guest.

PROPANE GRILLS - Propane grills, are fueled by liquid propane, and under NO circumstances may Guests add charcoal or any derivative of charcoal to the propane grills. Guests agree that if Guests add charcoal to a propane grill, Owners are authorized to charge not less than $100 to Guests credit card for cleaning of grill.

BEAR - DEER - PESTS - Guests are in the mountains and woods and depending upon the time of year may encounter Bear, Deer, Turkey, Ladybugs, Carpenter Bees, Wasps, Scorpions, Ticks, Ants, Chiggers, etc. Guests are encouraged to dress accordingly and to bring insect repellent for outdoors activities. We do have a monthly pest control service treat the cabin but that in no way insures that no insects or pests will be seen indoors, NO REFUNDS OR REBATES will be offered.

ACCIDENT DEPOSIT INSURANCE - Guests agree that Owners offer to provide an accident insurance policy, at renters expense to cover up to $1500 in covered items. Guest agrees to be responsible for any acts considered to be non-accidental or over the maximum coverage. Owners must be notified of damage before checkout to be covered under this policy.

BOOKING/DAMAGE DEPOSIT - Guests will pay a booking / damage deposit at the time of reservation and agree that damages over the amount of the accidental damage insurance policy can and will be deducted from this amount. Furthermore guests agree that charges occurred from violations of this contract will also be deducted from the deposit. All deposit amounts to be refunded will be sent to guest in the same manner of payment to owner within seven (7) days of check-out.

LOCK OUT - A lock out of Guests from cabin will result in a $50 service call during business hours. Guests agree that a lock out after business hours will result in a locksmith being called and will be responsible for paying the locksmith their fees at that time.

KEY RETURN - Guests are responsible for the return of the property key. They are to be left on the kitchen table or back in the lockbox and lock the door when leaving. If the property key is not returned upon check-out, Guests agree that Owners are authorized to charge the credit card on file for the costs of re-keying or replacing all of the locks and re-issuing new keys to owners and cleaning crews.

PET POLICY - Guests acknowledge, understand, and agree that for Owners to continue its very lenient Pet Policy, the following items must be adhered to:

Pets are not permitted in hot tub. Guests agree to pay not less than $100 cleaning fee if pet gets into the hot tub.

Pets must be completely housebroken, well behaved, and pest free.

Pets are not allowed on furniture. Guests will be charged a cleaning fee of not less than $50 if pet hair causes a delay in cleaning services.

Guests agree that they will not use any linens or towels on pets other than the pet towels provided by Owners or brought by Guests.

Pets shall not be left uncrated while alone in cabin.

If pets have an accident in cabin, all clean up will be performed by the Guests. Guests further agree to police waste from the grounds and deposit in outside garbage cans. Guests agree that failure to clean up either inside cabin or outside cabin will result in an additional cleaning charge of not less than $50.

Guests agree to be in full control of their pets at all times and take full responsibility for their pets well being. There are no leash laws, guests should plan accordingly.

If any of these Pet Policy items are not met, Guests are in violation of this Agreement/Contract. Guests agree that by signing this Agreement/Contract, they are authorizing Owners to collect any damages sustained.

DAMAGES TO PROPERTY - Premises are to be left in clean, undamaged condition, and that Guests must follow check-in and check-out procedures, along with the pet policy. Properties have been cleaned and inspected prior to Guests arrival. Guests agree to call Owners if any damages or defects are noticed. Guests agree that by signing this Cabin Rental Agreement/Contract, Guests are authorizing Owners to collect for any damages, repairs, replacement, or special cleaning sustained for real or personal property not covered by the Accident Deposit Insurance.

CHECK-IN, CHECK-OUT TIMES - Check in time is anytime after 3:00 PM; checkout is anytime prior to 10:00 AM. Keys will not be released, nor will cabin be available until check in time of 3:00 PM. Guests acknowledge, understand, and agree that by initialing and signing this Agreement/Contract Guests are authorizing Owners to charge their credit card one full night's rental for a check in earlier than 3:00 PM or a check out later that 10:00 AM.

REFUSAL OF SERVICE - Owner reserves the right to refuse service to anyone that doesn't seem to be a good fit for our cabins. All rental properties are leased without regard to race, color, religion, sex, national origin, or handicap. Due to liability issues, Owner will be unable to provide prospective renters with directions or keys to preview properties. Minimum rental age of 25 is strictly enforced due to insurance limitations. Renting party must sleep at the cabin each of the rented nights.

VIOLATION OF AGREEMENT/CONTRACT - Guests acknowledge, understand, and agree that Owners reserve the right to remove renter, if any of the of Agreement/Contract items are not met. NO REFUNDS OR REBATES will be offered.

EXPEDITED EVICTION - A material breach of this Agreement by Guests, which, in the sole determination of the Owners, results in damage to the Premises, personal injury to Guests or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of Guests tenancy. Violation of any of the rules contained herein will result in IMMEDIATE EVICTION and forfeiture of rent and security deposit. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Cabins Act will apply. Guest(s) may be evicted under such procedures if Guest(s): (I) hold over in possession after Guest(s) tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Guest(s) tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Premises by fraud or misrepresentation. Any reservation made under false pretenses will result in forfeiture of advance payments and the party will not be permitted to check-in.

DISPUTES - This Agreement/Contract shall be governed by and interpreted in accordance with the laws of the State of Georgia and be treated as though it were executed in the County of Cobb, State of Georgia. Any action relating to this Agreement/Contract shall be instituted and prosecuted only in the Cobb County Superior Court, Georgia. Guests specifically consent to such jurisdiction and to extraterritorial service of process.

INDEMNIFICATION AND HOLD HARMLESS - Guests acknowledge, understand, and agree that Guests shall be solely responsible for any property damage, accident or injury to any person or loss sustained by any person, including loss of money, jewelry, and other items of personal property, arising out of or in any way related to Guests use of the premises or the items of personal property provided the Owner at Guests request. Guests shall inspect and be familiar with proper use and application of such items prior to using them. Guests hereby agree to INDEMNIFY and hold Homeowners harmless from any and all claims including those of third parties, arising out of or in any way related to Guests use of premises or the items of personal property provided therein. Guests hereby agree to hold homeowner, its Owners, employees and officers harmless and to indemnify same against any and all claims which may arise during and after the course of rental as a consequence of any acts or omissions of cabin owner, its Owners, employees and officers. Guests assume the risk of injury or other losses relating to any recreational activities and will hold owner and its Owners harmless with respect there to.

Guest Signature:_________________________________

Date:_________________________________________

Address:_______________________________________

City/State/Zip:___________________________________

Home/Cell Phone:________________________________