Rental Agreement

YOUR WRITTEN OR ELECTRONIC SIGNATURE ON THIS AGREEMENT, ELECTRONIC ACCEPTANCE OF 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 THIS PROPERTY FOR A VACATION RENTAL. THIS AGREEMENT SHALL NOT BE CONSIDERED BINDING UNTIL SIGNED BY THE RESERVING PARTY/TENANT.

This Vacation Rental Agreement ("Agreement") entered by and between Lynn and Chris Head ("Owner", "we", "us", "our"), as the Owners of "the Property", "the cabin" “the Premises”, and the undersigned ("Tenant", "you", "your" “guest(s)”) whether one of more. In consideration of the mutual covenants and conditions herein, Owner does hereby lease and rent to Tenant the Property named here in following terms and conditions.

1. SECURITY DEPOSIT/DAMAGE DEPOSIT: We require a refundable damage deposit. We will return your deposit within one (1) week after you check out, less any damages, excessive cleaning fees, or any other charges incurred during your stay, provided the following provisions are met and the terms of this agreement are adhered to:

a. No damage is done to the property or its contents (including, but not limited to, hot tub, hot tub cover,
pool table, and pool table accessories) beyond normal wear and tear, no contents are missing, and guest
cards are returned , replacement cards are $50.00 each;
b. Property is not left dirty and all refuse is placed in the garbage cans in the bear-proof container outside;
c. Linens are in good condition and none are missing;
d. All dirty dishes are placed in the dishwasher and the dishwasher started prior to check-out;
e. No early check-in or check-out unless approved in advance;
f. No pets are brought onto the premises;
g. All other conditions of the rental agreement are complied with.
h. No smoking inside the property.

2. PAYMENT: We require 50% of the balance to be paid upon booking the reservation. The remaining total balance (50%) must be paid in full at least 30 days prior to your scheduled check-in date. If it is less than 30 days before your scheduled arrival date, the entire balance must be paid upon booking. We accept personal checks & major credit cards. E-checks are free, however, we are charged at least 2.5% for credit card payments., and this charge may be added to your bill. If a personal check is returned to us for non-sufficient funds, you agree to pay any fees the bank charges us, and any fees related to the recovery of charged back funds. Once payment in full has been made (and cleared) and all paperwork has been received, approximately 30 days prior to your arrival, you will receive specific information for your stay, including instructions for accessing the property, as well as your personal access code. Key codes are reprogrammed between guests arrival/departures., to insure each guests privacy. You will have your own unique code that will not be active until your scheduled check in day & time..

3. CANCELLATION: Should you have to cancel your reservation for any reason, please notify us immediately in writing(US Mail or e-mail to MyGatlinburgCabin@gmail.com). If you cancel your reservation sixty (60) or more days before your arrival date, you will receive a refund of 50% of the total reservation amount. If you cancel outside of this time frame, less than 60 days prior to your scheduled arrival date (even if your reservation was made less than 60 days prior to your scheduled arrival date) you will forfeit ALL amounts paid. We will, however, attempt to reserve your canceled dates. If we are able to rent the canceled dates, we will refund your money, less any difference , in the event we have to discount the rates (at our discretion) to rent the property, due to late notice. We reserve the right to automatically cancel your reservation if a payment is not received or if all required paperwork is not returned, at least thirty (30) days prior to your arrival date, or if any information is misrepresented. If we have cancel your reservation due to your default of any of the terms of this agreement, the same guidelines will apply, as would if you canceled the reservation yourself (see above). We will not issue refunds for no-shows, shortened stays because of late arrival, early departures, or inclement weather. Be aware that this property is in the mountain and as such, may require chains on tires, four wheel drive , etc. to access the property, especially in colder months. If you are concerned about possible cancellation, we highly recommend you obtain travel insurance to cover your trip.

4. CHECK-IN/CHECK-OUT: Check-in time is no earlier than 4:00 pm (Eastern Time) at the property. Check-out time is no later than 10:00 am (Eastern Time). Please do not arrive early or depart late as this will adversely affect the ability of our housekeeping staff to prepare the premises for occupancy. If you do not vacate the property by the stated check-out time, you will be charged $50 for each additional thirty (30) minutes, or portion thereof, that you occupy the property or it’s premises,, up to the amount of one (1) night´s stay.

5. TELEPHONE & OTHER SERVICES: The property is equipped with free local & long distance telephone service within the US, internet and cable. We cannot be responsible for outages or loss of service from cable, telephone, internet, power or any other service that is beyond our control.

6. ACCOMMODATIONS & FURNISHINGS: The Property is privately owned and furnished by the owner according to their taste. Kitchens come stocked with adequate cookware and dinnerware. Beds have linens, bedspreads, and pillows. We provide an initial “starter” supply of toilet paper (2 rolls per bath), paper towels (1 roll), dish soap and dishwasher soap. We provide 2 towels & bath cloths per guest. You may use the washing machine & dryer as needed to replenish the supply. Clothes detergent is not provided. No refunds will be made for items missing or inadequacies but every effort will be made to replace missing items or to repair any damages. Our linens and towels are for use inside the premises only. Please bring beach towels from home for use outdoors, at the hot tub, pool, etc. Please do NOT remove makeup with our linens. Most makeup will stain. Please use makeup removal wipes or bring cloths from home for this purpose. Additional information regarding all aspects of your stay can be found in the guest information book located at the cabin. Please review the guest information book as it has informaton you may need during your stay.

7. PET POLICY: No pets are allowed on the property at any time.

8. CONDITION OF PROPERTY: When you arrive, the property should be clean and ready for your stay. If the cabin is not clean when you arrive, please contact us immediately. We will do our very best to correct the situation. Any preexisting damages must be reported within 24 hours of your scheduled check-in time. We provide games, movies, and books for our guests. Some games have small pieces or parts that are not suitable for small children. Do not allow small children to play with games without supervision. Also, we strive to have a selection of books and movies that will appeal to guests of varying ages, so you may find some books or movies unsuitable for your child(ren).

9. REPAIRS & SERVICE CALLS: We take pride in maintaining our cabin & perform regular maintenance to keep
everything in good working order (we like to stay there too!). It is impossible, however, to guarantee that all
appliances, hot tub, fireplaces, etc., will be in working order 100% of the time. We will, however, make every effort to correct any problem you encounter during your stay as soon as possible. Non-emergency maintenance issues will be handled during normal business hours. If you need emergency maintenance, please contact us at (706)527-1368. While we will attempt to correct all issues as quickly as possible, no refunds will be made for mechanical failures of hot tub, appliances/electronics, or interruption/loss of utilities (including satellite TV),etc. Authorized repairmen have the right to enter the property to accomplish needed repairs even if the service call was made prior to your arrival.

10. PERSONAL ITEMS LEFT BEHIND: We are not liable for personal items left behind, lost or stolen. We will gladly return items left behind, at your expense, if we are able to locate them.

11. HOT TUB: Use of the hot tub is at your own risk. Our housekeeping staff will drain, clean and disinfect the hot tub after every rental. Bromine, chlorine or other chemicals are used to maintain the water quality; some individuals are sensitive to these chemicals, and they can damage jewelry finishes & bleach certain items. We recommend that pregnant women and individuals with pre-existing health conditions such as heart disease, diabetes, or high or low blood pressure, as well as individuals who have consumed alcoholic beverages, not use the hot tub. Minors must be supervised at all times while in and around the hot tub. The hot tub cover must be placed back over the hot tub after every use, strapped down, and should not be stood or sat on. Lotions, oils, soaps or any other substances or objects may not be used in the hot tub as they could cause damage and may result in the need for extra cleaning.

12. PARKING: No motor homes or campers are allowed on the property without prior consent.

13. DEPARTURE DUTIES: Prior to check-out, all dirty dishes should be placed in the dishwasher with the wash started. Do not make up the beds (i.e., please leave them unmade, with sheets and pillowcases left on). Towels from all bathrooms should be gathered and placed in the bathtub. Place all refuse in the garbage cans contained in the bear-proof container at the end of the driveway, and ensure the latch is in the locked position. Trash pickup is Monday, Wednesday & Friday @ 8 am est. If you have excess trash, please DO NOT leave trash in the cabin, or place it outside. There is a trash receptacle on the way down the mountain at the corner of Heiden & Ski Mountain Rd, on the right. It is open daily until 4 pm est. You will pass it on the way down, so please use it if you have excess trash. Ensure hot tub is covered & secured. Set the thermostat inside the cabin to 65 degrees during the cooler months and 75 degrees during the warmer months. Ensure all windows and doors are locked, and place any keys & the Chalet Village Club Card on the hook. After exiting the front door, press the "lock" button on the keyless entry then ensure the door has been locked.

14. FIREPLACE/WOODBURNING STOVE: Available for use from November - February only. Please do not use it in other months or you will be charged an additional cleaning fee.

15. SMOKING: This is a non-smoking property. Smoking is permitted outside, but absolutely prohibited inside. If
you smoke outside, please ensure butts are out and disposed of in appropriate outside receptacles. If the
housekeeping staff has to pick up butts, a minimum $25 will be deducted from your security deposit.

16. MINIMUM AGE AND MAXIMUM OCCUPANCY: You must be at least twenty-one (21) years of age to rent this
property. WE WILL NOT RENT TO VACATIONING STUDENTS or singles under twenty-five (25) years of age unless accompanied by a parent or legal guardian. This property may only be occupied by guests listed on the reservation. The person reserving the property, must be occupying the premises & payment must be made in the name of the person reserving the property.

17. HOUSE PARTIES/BURNING/FIREWORKS/FIREARMS/HUNTING: House parties and large gatherings are STRICTLY prohibited. NO BURNING of any type in the yard or elsewhere. Fireworks and/or firearms may not be discharged on or near the premises. This includes air powered guns, BB, paintball and pellet guns, etc. No archery equipment allowed. Hunting is strictly prohibited.

18. INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT: Tenant agrees to indemnify and hold Owner harmless from and against any liability for personal injury or property damage sustained by any person (including Tenant´s guests) as a result of any cause. Tenant understands that exterior security cameras (if any) located on the premises are to protect the owners interests only, and should not be interpreted, in any way, as security, protection or any other benefit to any other party, whatsoever. Tenant agrees that Owner or Owner´s representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvement thereto as Owner may deem appropriate. Tenant shall not assign this agreement or sublet the premises in whole or part without written permission of Owner.

19. DISPARAGEMENT & CONFIDENTIALITY; You agree to resolve any issues arising from this agreement between yourself and the property owner and to keep confidential , the property address, rental terms, access codes or any other information, that could put the property or it’s reputation at risk of damage, either by loss of income, theft, fire, or any other reason, without express written consent of the owner. You understand that this is a legally binding agreement and if you breach the terms of this agreement , you may be charged a fine not less than $1000.00, plus legal fees and any other amounts related to damages caused by the breach.

20. You understand that disrupting the peace, breaking the law, or failing to comply with or fulfill any terms of this rental agreement may result in immediate eviction and/or forfeiture of all money paid.

21. Any modifications to these terms and conditions must be in writing, and approved in advance by Owner. Terms and conditions are subject to change without notice.

Your Information:

CABIN RENTED: __________________________ DATES OF STAY:__________________________
FULL Name: ______________________________________________________________________
ADDRESS (NO PO Boxes): ___________________________________________________________
CELL PHONE: ______________________________
HOME/WORK PHONE________________________EMAIL: _______________________________

Name & Ages of all guests included in reservation:
___________________________ ___________________________ _______________________
___________________________ ___________________________ _______________________
___________________________ ___________________________ _______________________
___________________________ ___________________________ _______________________

*YOU AGREE TO PRINT THIS RENTAL AGREEMENT & RETURN THE COMPLETED LAST PAGE, ALONG WITH A COPY OF YOUR DRIVERS LICENSE (FRONT & BACK) TO US, WITH IN 48 HOURS., BY FAX (334)297-2476, OR EMAIL. YOU UNDERSTAND YOU WILL FORFIEIT YOUR DEPOSIT AND BE RESPONSIBLE FOR ANY ADDITIONAL CHARGES IF YOU:

1) BRING A PET ON THE PREMISES
2) SMOKE IN THE CABIN
3) BRING GUESTS THAT ARE NOT LISTED ON THE RENTAL AGREEMENT
4) FAIL TO COMPLY WITH ANY OF THE TERMS OF THE RENTAL AGREEMENT

I HAVE READ, UNDERSTAND & AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. I AGREE TO BE FULLY RESPONSIBLE FOR THE CARE OF THIS PROPERTY, AND FOR ANY EXTRA CHARGES INCURRED AS A RESULT OF THIS STAY, SHOULD THEY BE DISCOVERED DURING OR AFTER MY DEPARTURE. I CERTIFY THAT ALL INFORMATION IS TRUE.

YOUR SIGNATURE:___________________________________DATE:_______________________

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