The Lakeside Escape Sample Agreement

-- This is a sample of our renter agreement. After booking, we will send this to you with a link you can use to sign it electronically online. Your booking/guest information will already be filled in. You must sign this agreement in order to access the property. --

 

Thank you for choosing our home as a part of your trip!  This Renter Agreement establishes all terms and conditions for the rental of our home. It is made and effective ("Agreement Date") between ("Owner and/or Manager") and ("Guest") regarding the property known as ("Rental Property") which is located at:

 

Property Address

 

This Agreement applies to the Guest's stay at Rental Property from ___ to ___ but also applies to any other dates which may be included if the reservation is changed.

This Agreement applies to all members of the Guest's party no matter the age or affiliation ('Group').  The Guest acknowledges that the Guest is responsible for sharing this Agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest.

Once you have electronically accepted the Agreement, a copy will be emailed to you for your records. 

 

BOOKING REQUIREMENTS - Initials:

To reserve you must be twenty-five (25) years of age or older.

All reservations, including ones from Airbnb and VRBO, require signing this Agreement AND completing our identity verification via the secure Superhog link within 48 hours of booking your reservation. If the check-in date is within 48 hours of booking, then the Agreement and Superhog verification must be completed on the day of the booking. If these items are not completed per these guidelines, then your reservation will be automatically cancelled, and a refund will be issued minus the 3% credit card processing fee and/or possible fees from Airbnb or VRBO.

Superhog identity verification is for the sole purpose of preventing identity theft, credit card fraud, and fraudulent bookings which protects the Owner and the Guest.

The Owner does not accept 3rd party bookings. The Guest booking the reservation must also stay at the home for the entire reservation. You cannot book the reservation for a different person. 

Parties or loud or large gatherings are not allowed at any time.

All information provided to the Owner must be accurate and truthful. By providing the Owner with the wrong information pertaining to who you are or the type of group you are, gives the Owner the right to make null & void your reservation without refund.

 

PAYMENTS - Initials: 

Reservation made by direct booking at  www.theescapesbydave.com:  To book, your initial payment of 50% is due.  The full balance of your stay is due 30 days prior to your arrival. If payment is not received within 7 days of final payment request, then this failure to pay will be treated as a cancellation of your reservation by you, and your initial payment will not be refunded. Reservations made less than 30 days prior to check-in date require payment in full at the time of booking. The Owner is authorized to charge the balance of the total charges on the credit card on file 30 days prior to Guest’s arrival date.

Reservation made via Airbnb/VRBO:  Payment will be fulfilled based on the conditions of the respective booking platform. 

 

SECURITY DEPOSIT - Initials:

The Guest agrees the credit card provided for the reservation payment may be used as a form of security by the Owner for any fines, fees, or additional services due to Guest neglect, misuse, or damage. A credit card hold in the amount of $300 will be placed on the card 3 days prior to check-in.  The hold will be released within 7 days after the Guest's check-out, if the Rental Property is left in clean, undamaged condition. If there is damage/excessive soiling over and above the security deposit amount, the Guest authorizes the Owner to charge the Guest's credit card on file.

If the security deposit hold fails, then the Guest will not receive their unique door code, and the reservation will be cancelled without refund.

 

TRAVEL INSURANCE - Initials: 

It is strongly encouraged that the Guest purchases travel insurance to cover unforeseen or unexpected circumstances that may occur before or during your reservation. The Owner does not provide travel insurance; however, a third party insurance option from InsureStays via RentalGuardian.com is available for purchase at the time of booking on our direct booking website.

If the Guest has purchased travel insurance, any or all trip reimbursement will be subject to the insurance policy terms and conditions.

 

CANCELLATION - Initials:

Any Guest choosing not to purchase travel insurance may only cancel 30 days prior to their scheduled arrival date to receive a refund of the initial payment minus a 3% credit card processing fee. Guests cancelling inside 30 days from their scheduled arrival date are not eligible for a refund.  Monies paid are non-transferable to another date. 

If the Owner is unable to deliver the Rental Property to the Guest, the Guest agrees that the sole liability of the Owner is the full refund of all monies previously paid by Guest pursuant to this Agreement.  

 

NO SHOW/EARLY DEPARTURE/INCLEMENT WEATHER POLICY - Initials: 

No refunds or rebates will be offered in the event the Guest or their Group are unable to arrive or depart on time, or if the Guest or their Group choose or are required to depart early for any reason, including but not limited to: acts of God, acts of nature (i.e. snow/ice/rain/hurricane, illness, communicable disease, pandemic, etc.), acts of war or government agencies, road maintenance, fire, strikes, inclement weather, gas shortages, power outages, water outages, construction and/or neighbor noise, or for any reason whatsoever outside the Owner’s direct control, even in the event of a mandatory evacuation.

The Owner strongly recommends that the Guest purchases travel insurance to protect their reservation payment from any unforeseen conditions that may lead to trip cancellations, delays, or inability to access or depart from premises.  

 

ACCIDENTAL DAMAGE POLICY - Initials: 

An accidental damage protection policy is automatically included with your reservation for any accidents, subject to exclusions and limitations, that occur to the Rental Property during your rental period. The policy covers accidental damage up to $3,000. This coverage is mandatory and non-refundable. 

Please contact us immediately if accidental damage occurs in order for the accidental damage protection to apply. Intentional or unreported damage of any amount is not covered under the accidental damage protection policy and will result in the credit card on file being charged for the full amount of the damages at replacement cost.

Any accidental damage exceeding the accidental damage protection policy amount will be charged to the credit card on file. Failure to provide compensation for your damages will result in legal action against you.

In cases of abuse and malicious damage to the Rental Property, the Guest will reimburse the Owner the amount of all damages including possible attorney’s fees.

 

MAXIMUM NUMBER OF OCCUPANTS

The maximum occupancy for overnight guests is eight (8) people including children. The maximum occupancy for pets is two (2), unless otherwise approved by Owner. The Guest is required to report the correct total of overnight guests, including children, on the reservation. Exceeding the maximum overnight occupancy could compromise the plumbing and septic systems which can result in severe damages, unsanitary conditions, and unsafe situations. Violation of this policy will result in immediate eviction and no refund for any payments and forfeiture of the security deposit.

 

PARKING

Parking is limited to two (2) standard-sized vehicles and can only be parked in the parking pad located to the left of the cabin. Parking at or next to any other property is strictly prohibited. Vehicles cannot block the road at any time and may be towed. Unfortunately, we do not have a recommendation for additional parking options.

 

CHECK-IN AND CHECK-OUT POLICY

Check-in is after 4:00 PM

Directions to the cabin, your unique door code, and digital house manual will be emailed to the Guest two (2) days in advance of the Guest's check-in only if the Owner has received the fully signed Agreement, identity verification via Superhog, and security deposit hold.

Check-out is by 10:00 AM

Late check-outs are not allowed. By signing this Agreement, the Guest is authorizing the Owner to charge their credit card one full night’s rental for an unauthorized checkout later than 10:00 AM.  Check-out time is strictly enforced so that the Owner has adequate time to prepare the Rental Property for the next scheduled guests. 

 

CHECK-OUT INSTRUCTIONS - Initials:

To ensure return of the security deposit, the Guest and their Group agree to follow check-out procedures and understand the Rental Property must be left tidy and undamaged.  The Guest understands that failure to follow check-out procedures may result in loss of security deposit and/or additional fees. The Owner reserves the right to further charge guest for additional cleaning or repairs.

On the day of your departure, please complete the following:

 

GARBAGE CONTROL POLICY

Trash pickup is on Wednesdays and Fridays. All garbage must be bagged, tied, and placed in the outdoor, bear-proof black trash bin located next to the parking pad. In the event, the Guest generates more trash than what fits in the outdoor trash containers, then the Guest must take excessive trash to the nearest dump. It is dangerous to leave any sort of trash outside as it attracts bears and other dangerous wildlife.

 

PET POLICY

Up to two (2) pets are allowed at the cabin for an additional fee. All pets must be disclosed on the reservation. Pets must be completely housebroken, well-behaved, and pest-free. Pets shall not be left uncrated while alone at the Rental Property. Locking a pet in a room is not permitted as this is when most damages occur. Pets are not allowed on furniture. Please do not use the Rental Property's linens or towels on pets. If pet has an accident in the Rental Property, all clean-ups must be performed by the Guest. The Guest further agrees to pick up waste from the grounds and deposit in plastic bags and then put into the outside garbage cans. Failure to comply with the pet clean-up policy may result in additional cleaning charges that will be charged to the Guest's credit card. Pet damage is not included in the Accidental Damage Insurance.

The Guest agrees to be in full control of the pet at all times and take full responsibility for the pet's well-being. The Guest agrees the pet will not be left outside on decks or anywhere that barking will disturb neighbors.  

If you have a pet and it is not listed on the reservation, the unauthorized occupancy of a pet will incur a fee of $300 per pet and could result in immediate eviction without refund.

 

NUISANCE ANIMALS

Under no circumstances will a nuisance animal be tolerated at the Rental Property. The Owner reserves the right to withdraw consent and demand removal of any animal on the Rental Property in the event it is reported or complaints are registered that the animal is a nuisance including, but not limited to, being off leash or out of the Guest's control, running unrestrained off the premises, aggressive or uncontrolled behavior towards other animals or persons, or excessive noise or barking. Such conduct may further include the Guest allowing the animal to defecate on the Rental Property or on others' property without cleaning up after the animal. 

 

HOT TUB

Rules and instructions on how to use the hot tub are provided in the digital house manual. The Guest and their Group may use the hot tub at their own risk. The hot tub undergoes a complete water change and is cleaned and chemically balanced prior to your arrival. Water may therefore be cool. Overuse or misuse of the hot tub may result in a chemical imbalance and could create unhealthy water.

The Owner is not liable for any losses, injury, sickness, allergy, medical condition, or any consequences whatsoever from the Guest's and their Group's use or misuse of hot tub.

 

FIREPLACE/FIRE TABLE/FIRE PITS

The Guest agrees to never put additional items in the gas log fireplace or rearrange or tamper with the gas logs. No other items may be burned in the gas log fireplace, including but not limited to sticks, wood, charcoal, lava rocks, etc. This is a major safety issue and could be a hazard to your health.  The Guest agrees to pay not less than $250 if logs have been moved or broken.

The Guest agrees that no burning or smoldering fire in the fireplace, fire table, fire pit, or grill will be left unattended. The Guest must be in full control of any fire and will be responsible for any damages of uncontrolled fires.

Please review the digital house manual for additional fire safety protocols.

 

PROPANE GRILL

To discourage bears, please clean up all grease and food spills. The Guest agrees that charcoal or any accelerant will not be put in the grill. If charcoal is found to be present inside the grill, the Guest agrees to pay for grill replacement. The Guest must turn off the propane supply immediately after each use. The Guest will be fully liable for any damage caused by the Guest or their Group not turning off the grill or the propane supply to the grill.

The grills and firepits are not disassembled or deep cleaned in between guests.

 

MAINTENANCE ISSUES/REPAIRS/SERVICE CALLS

The Owner works hard to ensure the Rental Property and its amenities are in place and in good working order prior to your arrival. However, the Owner cannot guarantee against mechanical failure or supply of electricity, water, telephone, heat, air conditioning, hot tub, television, satellite or cable providers, internet, gas logs, grill, or other appliance or systems. No refund or rate adjustment will be made due to failure of the appliances and/or equipment.

Please report any inoperative equipment to the Owner immediately. The Owner will make every reasonable effort to have repairs completed quickly and efficiently.

Should a repair technician make a service call to the Rental Property and find that the equipment is in working order and the problem was due to Guest oversight, neglect, or interference, then the charge for the service call will be at the Guest's expense.

 

GOOD NEIGHBOR POLICY/QUIET HOURS

No parties, events, or loud gatherings are allowed at the cabin. Evidence thereof will result in immediate eviction with no recourse, additional cleanup charges, and possible legal repercussions.  

Noise carries in the mountains. Loud talking or yelling, loud music, excessive noise and/or obnoxious behavior, excessive speeding, discharging of firearms and/or fireworks, or use of any other noise-inducing mechanism are strictly prohibited. The Owner has the prerogative to terminate this Agreement and to demand that disruptive Guests vacate the premises, thereby forfeiting all rental fees and security deposit to the Owner. 

Quiet hours must be observed between the hours of 10pm - 7am in accordance with the local noise ordinance. The decibel level cannot exceed fifty (50) decibels during these hours.

 

NOISE MONITORS

To comply with the local noise ordinance, the Guest acknowledges that noise monitors may be present at the exterior of the cabin. These devices only record decibel levels and are not capable of recording conversations. 

 

SECURITY CAMERAS

There are Ring floodlight security cameras at the exterior of the cabin and a Ring doorbell at the front door. There are no cameras located inside the cabin or at private exterior areas. There are no cameras viewing the hot tub. Said cameras are installed primarily for deterrence and monitoring purposes when the Rental Property is not rented and to ensure maximum occupancy is not exceeded.

The Guest acknowledges that the presence of the cameras in no way places a duty upon the Owner to provide security or protection to the Guest or their Group. The Guest understands any tampering with the camera or covering the camera to disable it is a breach of contract, and the Guest agrees to any costs or inconvenience to repair or reactivate the camera.

 

NO SMOKING OR VAPING

The Rental Property is designated as non-smoking. Smoking includes the act of lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, pipe, electronic cigarette, or vape of any kind. If we find that the Guest or their Group has smoked in the Rental Property or on the deck, steps, porch/patio, or balcony, the Guest will be charged a minimum of $500 for cleaning and remediation. These charges will be billed to the credit card on file for the reservation. The Guest could be asked to leave without a refund if they fail to comply with our smoke free policy.  

 

SMOKE DETECTORS

The Rental Property is equipped with smoke detectors. If you are hearing impaired, a smoke detector for the hearing impaired can be provided upon request.

 

CARBON MONOXIDE DETECTORS

The Rental Property is equipped with carbon monoxide detectors. If you are hearing impaired, a carbon monoxide detector for the hearing impaired can be provided upon request.

 

ALCOHOL AND ILLEGAL DRUGS

No drinking of alcoholic beverages by persons under the legal age of twenty-one (21) is allowed at the Rental Property. The Guest and their Group agree that if guests are arrested for underage drinking at the Rental Property or if it is observed that guests under the legal age of twenty-one (21) are drinking alcoholic beverages, this Agreement may be terminated, and the Guest may be evicted with no refund or rebate.  Illegal drug use is strictly prohibited and will result in termination of this Agreement and immediate eviction without refund.

 

CONSTRUCTION

The Owner is not onsite and cannot predict construction plans in the area or on neighboring properties, and therefore, cannot be held responsible for any inconvenience. No refunds or rebates will be offered for inconveniences due to but not limited to construction, construction noise, road repair, and maintenance. 

 

WILDLIFE/INSECTS/MOUNTAINS/BODIES OF WATER

Pest control services are performed at the Rental Property on a regular basis to kill and repel common crawling insects and pests. The Rental Property is in a mountainous area that may harbor different types of wildlife and insects, including but not limited to: Bear, Deer, Turkey, Ladybugs, Snakes, Possums, Carpenter Bees, Wasps, Scorpions, Ticks, Ants, Chiggers, Mosquitos, Squirrels, Mice/Rats, or any kind of pest or insect. No refund will be offered in connection with any wildlife or insect encounters inside or outside the Rental Property. Doors and windows should remain closed. The Owner will not accept responsibility for any issue caused by wildlife. 

Animals of any size are potentially dangerous. Feeding even small animals attracts predators and critters.

Additionally, guest acknowledges that bodies of water & steep terrain carry risk that may result in serious injury or death. Swimming in the lake is at your own risk and is discouraged. The Guest and their Group hereby assume full responsibility for risk of bodily injury, death or property damage arising out of the Guest’s and their Group's use of the Rental Property and surroundings including water. All children shall be supervised at all times and not be allowed in or near the water or steep terrain without constant adult supervision. Severe injury or death could result from failure to properly supervise children. 

 

EMAIL AND SMS/TEXT MESSAGE COMMUNICATION CONSENT

Both parties agree to the use of electronic communications in the place of written communications. Opting in to receive email and text messages from us is not a condition of purchase. You can unsubscribe from our emails at any time by clicking on the unsubscribe link at the bottom of our emails or by contacting us directly. For text messages, you can opt out at any time by replying 'STOP' to any text message you receive from the Owner. Please allow a reasonable amount of time for your un-subscription or opt-out request to be processed.

 

REVIEWS AND SUBMITTED IMAGES

The Guest agrees if they submit a review, share an image on our social media sites or via email, tag us in a social media post or submission or do anything like it, that they are consenting to fair use by the Owner in advertisements, social media posts, newsletters, and all other print or electronic promotions or publications. If you prefer that we not use any of your submissions, you will need to notify us at info@theescapesbydave.com, listing any place you left a submission that you do not want shared or used.

 

LICENSEE OF OWNER

The Guest is a licensee of the Owner and not a tenant. Renting the premises in no way constitutes the Guest acquiring interest in the Rental Property.

 

RIGHT OF ENTRY

The Owner reserves the right to enter the Rental Property at any time to investigate disturbances, check occupancy, check for damages, make repairs, alterations, and improvements as the Owner deems reasonably necessary.

 

EXPEDITED EVICTION - Initials:

A material breach of this Agreement by the Guest or their Group, which, in the sole determination of the Owner, results in damage to the Rental Property, 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 Guest tenancy. Violation of any of the rules contained herein will result in immediate eviction and forfeiture of reservation payment and security deposit. The expedited eviction procedures set forth in the Cabins Act apply. The Guest may be evicted under such procedures if the Guest: (i) hold over in possession after Guest 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 tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Rental Property 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 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 shall be instituted and prosecuted only in the Gilmer County Superior Court, Georgia. The Guest specifically consents to such jurisdiction and to extraterritorial service of process.

 

SEVERABILITY

In the event any term or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such invalid term or provision shall be severed and shall not affect the validity and enforceability of any other term or provision herein contained. 

 

NO WAIVER

The failure by the Owner to insist upon strict performance of, or to seek remedy of, any one of the terms or conditions of this Agreement or to exercise any right, remedy, or election set forth herein or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future of such term, condition, right, remedy, or election, but such item shall continue and remain in full force and effect.  All rights or remedies of the parties specified in this Agreement and all other rights or remedies that they may have at law, in equity, or otherwise, shall be distinct, separate, and cumulative rights or remedies, and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other right or remedy of the parties.

 

INDEMNIFICATION AND HOLD HARMLESS - Initials:

The Guest acknowledges, understands, and agrees that each and every guest or guardian shall be solely responsible for any Rental Property damage, accident, injury, illness or communicable disease, 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 the Guest's use of the Rental Property or the items of personal property provided by the Owner. The Guest shall inspect and be familiar with proper use and application of such items prior to using them. The Guest hereby agrees to INDEMNIFY and hold the Owner, employees, vendors, officers, harmless from any and all claims including those of third parties, arising out of or in any way related to the Guest's use of premises or the items of personal property provided therein. The Guest hereby agrees to hold the Owner, employees, vendors, 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 the Owner, employees, vendors, and officers. The Guest assumes the risk of injury, illness, communicable disease, or other losses relating to hot tub and any recreational activities and will hold the Owner harmless with respect thereto. The Guest agrees to accept and assume all risks, known and unknown, to themselves or each guest known or unknown, of personal injury, illness, communicable disease, permanent disability, death, emotional distress or property damage to themselves or to third parties, arising from being on the Rental Property or use of facilities, whether caused by the negligence of the Owner or otherwise. Any person entering premises waives all civil liability against the Owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.  The term "Owner" as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Guest”, “you”, and “your” as used in this Agreement shall include Guest's heirs, successors, assigns, guests, invitees, representatives, and other persons on the Rental Property during Guest's occupancy without regard to whether such persons have authority under this Agreement to be at the Rental Property where the context requires or permits.