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CABIN RENTAL AGREEMENT/CONTRACT

State of Georgia, County of Gilmer

This Cabin Rental Agreement is a legally binding agreement between Guest, Agency & Owner. Information regarding individual listings is believed accurate but cannot be guaranteed. Sliding Rock Cabins® serves as the Agents and represents the owners of vacation properties in its rental program, and is acting at all times, in and for the best interest of the owners. Guests are a licensee of the Owner and not a tenant; and Guests are not acquiring any interest in the property.

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 Gilmer, State of Georgia. Any action relating to this Agreement/Contract shall be instituted and prosecuted only in the Gilmer County Superior Court, Georgia. Guests specifically consent to such jurisdiction and to extraterritorial service of process.

1. RESERVATION AGREEMENT - Guests acknowledge, understand, and agree that the moment Guests give Agents their credit card information, Agents are authorized to charge said credit card for the initial deposit of fifty percent (50%). Agents are authorized to charge the balance of the total charges the MasterCard or Visa on file on twenty-one (21) days prior to Guests arrival date. Guests agree that any changes to the balance charged such as; different credit cards, different type of card, etc., within the twenty-one (21) day period will result in a $30 change fee. Agents’ Cancellation Policy will govern any cancellation, rescheduling, or change after the credit card authorization.

2. CANCELLATION/RESCHEDULING– Because each cabin is privately owned, cancellations affect owners significantly. Cancellations, rescheduling, or changes must be submitted in writing and confirmed received by Sliding Rock Cabins® more than twenty-one (21) days prior to check-in date, in order to receive refund, less $30 processing fee. Said changes regardless of reason made within twenty-one (21) days of your check-in date will result in a forfeiture of moneys paid. All moneys paid are non-transferable to another date. Refunds will be given if Agent can rebook said dates with another guest. NO SHOW/EARLY DEPARTURE– Agents 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.

3. OCCUPANCY – The maximum occupancy and age restrictions are stated in all accommodation descriptions. 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 and no overnight guests are allowed. If you are found to exceed the maximum occupancy of your cabin or bring children to an adult only cabin, it will be considered a breach of contract and will result in immediate eviction with no refunds or rebates.

4. DIRECTIONS TO CABINS - Directions will be sent by Agents if Agents have received the completed and signed Signature Page of the Cabin Rental Agreement.  If Guests choose to leave home without directions, Agents cannot be held responsible for Guests inability to find their cabin.

5. CONDUCT – Occupancy and use of premises shall not be such as to place the property in danger of damage or to disturb or offend neighbors. No; parties, excessive speeding through neighborhoods, riding of ATV’s or Off Road Motorcycles/Dirt Bikes, excessive noise and/or obnoxious behavior, discharging of Firearms, or Fireworks, etc. The Agents have the prerogative to terminate this Agreement /Contract and to demand that disruptive Guests vacate the premises, thereby forfeiting all rental fees to Agents.

6. NON-SMOKINGNO EXCEPTIONS! – All cabins are non-smoking. Guests agree to pay not less than $350 for odor abatement if smoke is detected in the cabin. Cigarette butts must not be disposed of in the yard or on the property.

7. GRAVEL ROADS – Roads leading to most rental properties are dirt and gravel and mountainous and are sometimes bumpy. Agents are not responsible for conditions of road.

8. WILDLIFE – All Cabins are in the mountains as such you are likely to encounter Bear, Deer, Turkey, Ladybugs, Carpenter Bees, Wasps, Scorpions, Ticks, Ants, Chiggers, etc. Neither Agent nor property owner will accept responsibility for any injury caused by said wildlife.

9. CABLE/SATELLITE TV/TELEPHONES - The cabin owner has chosen channel availability and placed a block on all billable programs which agent cannot activate. Guest agrees that long distance or any billable charges of any kind shall be made by credit card, calling card or charged to third party number. Any billable calls made during the stated rental period & charged to the owner will be billed, along with a processing fee, back to the guest upon receipt of the charges.

10. MAINTENANCE, REPAIRS & REFUNDS – In case of a breakdown of any property equipment, guests shall notify Agents immediately to make the necessary repairs. Agents will make every effort to correct any problem that arises during stay in a timely manner however, Agents cannot guarantee against mechanical failure of cabin equipment. Should a repairperson make a call to repair or replace a unit that is found to be in 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 Guests credit card on file. Agent cannot be held responsible for the failing of any other company due to said company’s error or service interruption (i.e. electricity, water, gas, etc) However, Agents agree to do all that is humanly possible to remedy any issue as quickly as possible. Agent cannot be held responsible for acts of neighbors such as; construction, road repair, and maintenance.

11. RIGHT OF ENTRY: Guests understand, and agree that Agents reserve the right to enter property at anytime to investigate disturbances, check occupancy, check damages, make repairs, alterations, and improvements.

12. FIREPLACES – Gas and log fireplaces are seasonal and are operational from 01 October through 30 April. In gas log fireplaces, no items, may be burned in fireplace. Guests agree to pay damages, if any other item is burned in fireplace. In wood burning fireplaces, no item including but not limited to; charcoal, lava rocks, accelerants, etc., may be burned. Guests agree to pay damages, if any item, other than hardwood or duraflame type logs are burned. Guests further agree that no fire in any type fireplace or fire-pit will be left unattended. 6-10 pieces of firewood per night are provided free during season. Additional firewood may be purchased in advance. FIRE-PITS – If a property does not offer a fire-pit guests will not make one, doing so is considered damages and the guest will be charged accordingly.

13. HOT TUBS –Hot tubs undergo a complete water change and are cleaned and chemically balanced prior to your arrival.  Water may therefore be cool. Overuse or misuse of the hut tub may result in a chemical imbalance and could create unhealthy water. Please observe all rules posted. If the water should become cloudy or develop an odor, please call the management company. Guests may not add any objects or chemicals to the hot tubs and agree to pay damages if hot tub has been compromised. Guests agree to pay an additional charge of $35 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 Agent or Property Owner responsible for any injury or illness. It is absolutely forbidden for children to be in the hot tub without a responsible adult and all guests must follow hot tub rules posted at cabin.

14. PROPANE GRILLS – All cabins are equipped with grills. Please clean up all grease & food spills. For properties with propane grills Guest agrees that charcoal will not be put in the grill, if charcoal is found to be present inside the grill guest agrees to pay for grill replacement. Please be sure to turn the tank off after each use.

15. SUBSTITUTIONS – Agents reserve the right to substitute a comparable cabin in the unlikely event that reserved cabin is unavailable for any reason. This will be done only as a last resort when a maintenance issue or service interruption (electricity, water, gas, etc.) renders the cabin uninhabitable, the property is sold or the property management agreement is terminated.

16. PET POLICY –For us to continue our very lenient Pet Policy, the following items must be adhered to:

a) No Pets in hot tub. Guests agree to pay not less than $100 cleaning fee if pet gets into the hot tub.

b) Pets must be completely housebroken, well behaved, and pest free. Guests will be charged an extra cleaning fee if pet hair causes a delay in cleaning services.

c) Guests will not use any linen on pets other than the pet towels provided by Agents or Guests.

d) Guests agree to pay for any damages caused by pets.

e) If pets have an accident in cabin, all clean up will be performed by the Guests. Guests will police waste from grounds and deposit in outside garbage cans. Guests agree that failure to comply with clean-ups of either inside or outside cabin will result in an additional cleaning charge.

f) Guests agree to be in full control of their pets at all times & take full responsibility for pets well being.

g) Guests agree pet will not be left outside, on porches or anywhere that barking will disturb neighbors.

h) If any of these Pet Policy items are not met, Guests are in violation of this Agreement/Contract.

i) Guests agree that by signing this Agreement/Contract, they are authorizing Agents to charge Guests credit card on file for any damages sustained.

18. DAMAGES TO PROPERTY - Premises are to be left in clean, undamaged condition. Guests authorize Agents to charge Guests’ credit card on file for any damages, repairs, replacement, or special cleaning sustained to property. Guests agree to pay moving costs if furniture is rearranged in such a manner that results in cleaning services being delayed.

19. CHECK-IN, CHECKOUT TIME– Check-in time is no earlier than 3:00 PM; checkout is no later than 11:00 AM. By signing this Agreement/Contract, Guests are authorizing Agents to charge their credit card one full night’s rental for a check-in earlier than 03:00 PM or a checkout later that 11:00 AM.

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

21. EXPEDITED EVICTION - A material breach of this Agreement by Guests, which, in the sole determination of the Agents, 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 here in will result in immediate eviction and forfeiture of rent and security deposit. The expedited eviction procedures set forth in the Cabins Act apply. Guests may be evicted under such procedures if Guests: (i) hold over in possession after Guests 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 Guests 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.

22. GUESTS AT FOREVER FRIDAY ONLY Beyond Forever Friday’s fenced boundaries is a large boulder above the river. Guests understand, and agree that no one in their party, regardless of age is permitted to cross the fenced private boundary or in any way attempt to gain access to the boulder at risk of severe injury. Parents agree to keep their children and pets from crossing the boundary or in any way attempt to gain access to the boulder at risk of severe injury. All guests agree to hold harmless the: cabin owner, Sliding Rock Cabins®, and the owner of the boulder, if they or any of their party choose to in any way attempt to gain access or succeed in gaining access to the boulder and are harmed in any way. Additionally if there is any breach or crossing of this boundary, Guests will be immediately removed from the cabin with no refunds.

23. FISHING AT DESIGNATED TROUT FISHING CABINS - FLY FISHING ONLY: The following rules and regulations apply to cabins designated at trout fishing cabins:

a) This section of the Ellijay River is privately managed. We are trying very hard to maintain a good trout population, and this section of the Ellijay River is designated a Catch and Release Area only. Fish caught should be handled minimally, returning them to the water as quickly and gently as possible.

b) Fishing is limited to fly rods only, with trout flies that have single barbless hooks. Spinning reels, spinning fly rods, spinning lures are prohibited.

c) All anglers must have a valid trout fishing license.

d) Fishing with corn, worms, or other bait products, along with barbed hooks are not allowed.

e) To respect others staying on the river, anglers must limit their entry and exit to/from the river to your rented cabin, whether other cabins looked occupied or not. Basically - No Trespassing.

f) The property owners along this section of the Ellijay River are committed to preserving and protecting the trout population contained in these waters. If violations of these fishing regulations are noted by the management company or one of the adjoining property owners, it may lead to termination of your rental with no refunds offered.

24. VIOLATION OF AGREEMENT/CONTRACT – Agents reserve the right to remove renter without refund, if any of the Agreement/Contract items are not met.

25. INDEMNIFICATION AND HOLD HARMLESS – Guest acknowledges and understands that each and every guest or guardian is solely responsible for any property damage, accident, injury or loss sustained to any person while in-residence, and neither the Agent nor the owner accepts legal or financial responsibility. Guests, and guardians, assume all risk of injury or other loss resulting from a recreational activity and will hold the Agent and Owner harmless with respect hereto.  Guests hereby agrees to indemnify and hold Sliding Rock Cabins LLC, employees, officers and/or the property owner harmless from any claims, including those of third parties, arising out of or in any way a result of the guests use of the premises or items therein.

SIGNATURE PAGE - Please fill in & fax the following pages to 706-636-5896

TRIP INSURANCEFor guest’s protection CSA Travel Protection® offers Trip Insurance through Sliding Rock Cabins® at a cost of six and one-half percent (6.5%) of Total Trip Cost. If guests are concerned with the possibility of cancellation within 21 days of arrival we suggest accepting insurance coverage. Guests acknowledges and agrees that by initialing below, Agents have offered Vacation Travel Insurance and that Guests have chosen to:

ACCEPT: ___________(insurance) DECLINE: ___________ (insurance)

 

I am providing my credit card number as a guarantee. I understand and agree to pay all rent and accept all terms of the Rental Agreement/Contract, and accept all liability for any damages, beyond normal wear and tear, during the term of my stay with Sliding Rock Cabins®. If I fail to do so, I understand and agree that these costs will be charged to my credit card and that all credit card sales are final.

Renters Name: _______________________________    Cabin Name:_______________________________

Reservation Dates:_______________________________

No. Adults: _________ No. Kids: ___________ No. Pets: ___________

 

Signature of Guest Responsible for Credit Card: ________________________________

 

Date: ___________ Number of Vehicles at Cabin: _____