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Smoky Mountain Stays

Smoky Mountain Stays Rental Agreement

Below is a text only copy of our lease agreement required by the state of North Carolina. the agreement contains dynamic fields that will automatically populate for an e-signature following your completion of the booking.

SMOKY MOUNTAIN LIFE; DBA SMOKY MOUNTAIN

STAYS VACATION RENTAL AGREEMENT

{PXPMLOGO}

North Carolina Vacation Rental Act Agreement

SECTION 1 — COVER, RESERVATION DETAILS,

PARTIES & NC VACATION RENTAL ACT NOTICE

RESERVATION DETAILS

Property: {PDISPNAME}

Property Address: {PADDRS}

Arrival Date: {BARR} ({BCHECKINTIME} or later)

Departure Date: {BDEP} ({BCHECKOUTTIME} or earlier)

Length of Stay: {BNNGHTS} night(s)

Occupancy Reserved: {BNADULT} Adult(s), {BNCHILD} Child(ren), {BNPET} Pet(s)

Maximum Occupancy: {PMAXGUESTS} total guest(s)

GUEST INFORMATION

Primary Guest Name: {CFULL}

Phone Number: {CPHONEPR}

Email Address: {CEMAILPRIME}

Mailing Address: {CADDRPRIMES}

PARTIES TO AGREEMENT

This Vacation Rental Agreement (“Agreement”) is entered into by and between Smoky Mountain Life LLC dba Smoky

Mountain Stays (“Manager”), acting as authorized rental agent for the owner of the vacation rental property (“Owner”),

and {CFULL} (“Guest”).

This Agreement governs the short-term rental of the property known as {PDISPNAME}, located at {PADDRS} (“Rental

Property”).

For purposes of this Agreement, the term “Guest” includes the Primary Guest, all occupants, invitees, visitors, minors,

and any person allowed onto the Rental Property by Guest during the reservation period. Guest accepts responsibility for

the conduct, acts, omissions, damages, and obligations of all such persons.

For purposes of this Agreement, the terms “Owner” and “Manager” may be referenced together where protections, rights,

remedies, releases, indemnities, or limitations of liability are intended to protect both the property owner and Smoky

- Page 1 -Mountain Life LLC dba Smoky Mountain Stays.

NORTH CAROLINA VACATION RENTAL ACT DISCLOSURE

THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE

RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE

UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED

EVICTION OF TENANTS.

YOUR SIGNATURE ON 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.

By signing this Agreement, making payment after receipt of this Agreement, clicking acceptance electronically, accepting

access credentials, or taking possession of the Rental Property after receipt of this Agreement, Guest acknowledges

acceptance of all terms, conditions, rules, disclosures, waivers, and obligations contained herein, subject to rights that

cannot legally be waived under North Carolina law.

SECTION 2 — GENERAL TERMS, BOOKING

CHANNELS & ELECTRONIC ACCEPTANCE

2.1 Purpose of Agreement

The Rental Property is rented solely for short-term vacation lodging purposes. Guest represents that Guest has a

permanent residence to which Guest intends to return and that the Rental Property is being rented for vacation, leisure,

or recreation purposes for fewer than ninety (90) days.

Guest shall not use the Rental Property as a residence, permanent dwelling, commercial premises, event venue, or for

any purpose inconsistent with vacation rental occupancy.

Guest acknowledges that this Agreement is intended to protect the Rental Property, Owner, Manager, neighboring

property owners, and future guests by establishing clear rules, responsibilities, safety disclosures, and financial

obligations related to Guest’s occupancy.

2.2 Age Requirement and Authorized Primary Guest

The individual making the reservation must be at least twenty-one (21) years of age unless otherwise approved in writing

by Manager.

The Primary Guest identified as {CFULL} must be present at the Rental Property for the duration of the reservation and

may not transfer, assign, sublicense, sublet, or otherwise allow another person to occupy the Rental Property in Guest’s

place without prior written approval from Manager.

Reservations made for the purpose of circumventing age restrictions, occupancy limits, party restrictions, unauthorized

gatherings, or other material rules are prohibited and may result in cancellation of the reservation, removal from the

Rental Property through lawful procedures, additional charges, and/or other remedies where permitted by law or

applicable booking platform rules.

2.3 Identification and Accurate Guest Information

Guest agrees to provide accurate legal first and last name, contact information, mailing address, and reservation

information.

Manager may request a valid government-issued photo identification reasonably matching the reservation name for fraud

prevention, security, legal compliance, and property protection.

- Page 2 -Nicknames, false names, aliases, inaccurate identifying information, or failure to provide reasonably requested

identification may result in delayed check-in, denial of access, cancellation, or other remedies available under this

Agreement, applicable Booking Platform rules, and North Carolina law.

2.4 Third-Party Bookings Prohibited Without Approval

Third-party bookings are prohibited unless expressly approved in writing by Manager.

The person making the reservation is responsible for the reservation, must be the Primary Guest, and must personally

occupy the Rental Property during the reservation unless Manager has approved a different arrangement in writing.

Guest shall not book the Rental Property for another person, group, minor, event, party, unauthorized gathering, or any

person who would otherwise be prohibited from booking directly.

2.5 Booking Platform Reservations

For reservations made through third-party booking platforms including, but not limited to, Airbnb, VRBO, Expedia,

Booking.com, or similar platforms (“Booking Platform”), Guest acknowledges that this Agreement supplements and does

not replace the applicable Booking Platform terms and conditions.

To the extent required by mandatory Booking Platform policies, such policies shall control solely with respect to payment

processing, platform dispute procedures, cancellations, refunds, and booking administration.

Except where prohibited by mandatory platform rules, Guest expressly agrees that this Agreement governs occupancy

restrictions, guest conduct, property rules, damages, excessive cleaning, unauthorized guests, pets, smoking violations,

hot tub and amenity use, septic and plumbing misuse, liability disclosures, safety acknowledgements, exterior security

disclosures, and all property-specific operational rules.

Failure to comply with this Agreement may result in additional charges, cancellation of stay where permitted, removal

from the Rental Property through lawful procedures, involvement of local authorities when necessary, claims through the

applicable Booking Platform, and/or additional legal remedies available under North Carolina law.

2.6 Directly Processed Reservations

For reservations processed directly by Manager, including reservations booked through Smoky Mountain Stays, VRBO,

Expedia, affiliated channels, telephone reservations, repeat guest reservations, or other directly processed booking

channels, Guest agrees that this Agreement governs payment obligations, cancellations, Refundable Security Deposit

Holds, chargebacks, damages, card authorizations, and all operational requirements associated with the reservation.

2.7 Airbnb Reservations

For reservations booked through Airbnb, payment processing, cancellation processing, damage claims, security

protections, and reimbursement procedures are governed by Airbnb’s applicable platform policies to the extent required

by Airbnb.

Nothing in this Agreement limits Manager’s ability to document damages, rule violations, unauthorized occupancy,

smoking, pet violations, excessive cleaning, safety concerns, or other breaches for purposes of Airbnb claims,

reimbursement requests, safety reporting, guest removal requests, or lawful recovery efforts.

2.8 Incorporated House Rules and Guest Materials

Guest agrees to comply with this Agreement, property-specific house rules, posted signage, check-in instructions,

checkout instructions, safety instructions, guest information materials, house manuals, digital guest materials, and written

communications provided by Manager before or during the reservation.

All such rules, instructions, and written communications are incorporated into this Agreement by reference to the extent

they relate to Guest conduct, safety, property care, occupancy, checkout, amenities, damages, or use of the Rental

Property.

Violation of incorporated house rules or material provisions of this Agreement may constitute a material breach of

occupancy terms.

- Page 3 -2.9 Electronic Acceptance

Guest agrees that electronic signatures, digital acceptance, online acknowledgements, text confirmations, email

confirmations, click-through acceptance, payment of reservation funds after receipt of this Agreement, possession of

access credentials, or occupancy of the Rental Property after receipt of this Agreement shall constitute legal acceptance

of this Agreement and shall be enforceable to the fullest extent permitted under North Carolina law.

2.10 Property Transfer Disclosure

Guest acknowledges that the Rental Property may be subject to sale, transfer, assignment, death of an owner,

appointment of a receiver, or other change in ownership or control before or during the reservation period.

The rights and obligations of Owner, Manager, any successor owner, and Guest upon transfer of the Rental Property

shall be governed by the North Carolina Vacation Rental Act, including N.C.G.S. § 42A-19.

If Owner’s interest in the Rental Property is transferred, reservations ending not later than one hundred eighty (180) days

after the successor owner’s interest is recorded may be binding on the successor owner as provided by law. For

reservations ending more than one hundred eighty (180) days after recordation of the successor owner’s interest, Guest

may not have the right to enforce the reservation against the successor owner unless the successor owner has agreed in

writing to honor the reservation, but Guest may be entitled to a refund of advance payments as provided by law.

Upon transfer of the Rental Property, advance rent, applicable fees, and security deposits shall be transferred, refunded,

accounted for, or otherwise handled in accordance with the North Carolina Vacation Rental Act. Guest shall be notified of

the transfer and Guest’s rights as required by law.

SECTION 3 — PAYMENTS, CANCELLATION,

SECURITY HOLD & CHARGEBACKS

3.1 Reservation Payments

For reservations processed directly by Manager, including reservations booked through Smoky Mountain Stays, VRBO,

Expedia, affiliated channels, telephone reservations, repeat guest reservations, or other directly processed booking

channels, Guest agrees to timely payment of all reservation charges.

If the reservation is made more than {BSPDAY} days prior to arrival, Guest agrees that an initial payment of {BFPPOA}

shall be collected at the time of booking. Any remaining balance shall be due no later than {BSPDAY} days prior to the

scheduled arrival date.

Manager may schedule an automatic payment for any remaining balance using Guest’s payment method on file.

If payment cannot be successfully processed for any reason, Guest remains solely responsible for ensuring timely

payment of all reservation balances. Failure to remit payment when due may result in cancellation of the reservation at

Manager’s discretion, subject to the applicable cancellation policy and applicable law.

All policies contained within this Agreement apply equally regardless of payment method, including credit card, debit

card, ACH, electronic payment, check, or other approved payment forms.

Regular reservation charges may appear on Guest’s payment statement as: {PCCSTEXT}

3.2 Advance Payments, Trust Account and Disbursement Authorization

Guest expressly authorizes the collection of rent, security deposits, taxes, fees, and other reservation charges in

advance of occupancy to the extent permitted by the North Carolina Vacation Rental Act and other applicable law.

For directly processed reservations, advance payments received by Manager prior to occupancy, other than funds

processed and held by a third-party Booking Platform or payment provider pursuant to that platform’s rules, shall be

- Page 4 -deposited and handled in accordance with the North Carolina Vacation Rental Act and applicable North Carolina trust

accounting requirements.

Advance payments and tenant security deposits required to be held in trust shall be held in a trust account at the

following federally insured depository institution or trust institution authorized to do business in North Carolina:

Trust Account Holder: Smoky Mountain Life LLC; dba Smoky Mountain Stays

Depository Institution: United Community Bank

City/State/ZIP: Bryson City, NC 28713

Unless otherwise disclosed in writing, advance payments deposited into Manager’s trust account shall not earn interest

for Guest. If any funds are deposited into an interest-bearing trust account, interest shall be handled as permitted by law

and applicable trust accounting rules.

Guest authorizes Manager to disburse advance rent prior to occupancy only as permitted by the North Carolina Vacation

Rental Act, including disbursement of no more than fifty percent (50%) of total rent prior to Guest’s occupancy except as

otherwise permitted by law.

Guest further authorizes Manager to disburse, prior to occupancy, fees owed to third parties for goods, services, or

benefits procured by Manager or Owner for the benefit of Guest, including permitted administrative, processing, booking,

service, insurance, protection product, or similar third-party charges where such disbursement is allowed by law and

reflected in Guest’s reservation or billing summary.

Funds collected for sales tax, occupancy tax, and tenant security deposits shall not be disbursed before termination of

the tenancy or Guest’s material breach except as permitted by law or as a refund to Guest.

Guest may request an accounting of security deposits and advance payments prior to occupancy as provided by the

North Carolina Vacation Rental Act.

Nothing in this Agreement waives Guest’s right to reimbursement of payments where Guest is lawfully entitled to

reimbursement under the North Carolina Vacation Rental Act or other applicable law.

3.3 Fit and Habitable Condition; Substitute Property; Unavailability Before Occupancy

Except as otherwise provided by the North Carolina Vacation Rental Act regarding mandatory evacuations, if at the time

Guest is to begin occupancy Manager or Owner cannot provide the Rental Property in a fit and habitable condition, and

cannot provide a reasonably comparable substitute property in a fit and habitable condition, Guest shall be refunded all

payments made by Guest as required by law.

If the Rental Property becomes unavailable, unsafe, uninhabitable, or unsuitable for occupancy before check-in due to

fire, casualty, severe damage, utility failure, natural disaster, government order, road closure, safety concern, ownership

transfer, or other circumstances outside Manager’s reasonable control, Manager may, where practical, offer a reasonably

comparable substitute property, relocation option, credit, or refund in accordance with applicable law, Booking Platform

requirements, travel insurance coverage, and the circumstances of the reservation.

3.4 Cancellation Policy

For directly processed reservations, the cancellation policy applicable to this reservation is:

{PCANPOLLEGAL}

Guest is strongly encouraged to review cancellation terms carefully prior to booking.

For Airbnb reservations, cancellation, refund, and reservation modification policies shall be governed by Airbnb’s

applicable platform terms and conditions. To the extent Airbnb policies conflict with this Agreement, Airbnb’s mandatory

platform rules shall control solely for payment administration, cancellation processing, and platform dispute procedures.

3.5 Mandatory Evacuations

- Page 5 -If state or local authorities order a mandatory evacuation that includes the Rental Property, Guest shall comply with the

evacuation order.

Guest’s rights and obligations, and Manager’s and Owner’s rights and obligations, in the event of a mandatory

evacuation shall be governed by the North Carolina Vacation Rental Act, including N.C.G.S. § 42A-36.

Subject to the North Carolina Vacation Rental Act, if Guest complies with a mandatory evacuation order, Guest may be

entitled to a prorated refund of rent, taxes, and other payments made as a condition of occupancy for each night Guest is

unable to occupy the Rental Property because of the mandatory evacuation.

Guest shall not be entitled to a refund for mandatory evacuation losses to the extent the North Carolina Vacation Rental

Act provides that no refund is owed, including where qualifying insurance covering loss of use due to mandatory

evacuation was offered and refused by Guest before occupancy, or where Guest purchased such insurance, subject to

the terms and conditions of the applicable insurance policy and applicable law.

Any travel insurance, trip protection, or other third-party protection product shall be governed by the terms, limitations,

exclusions, and claim procedures of the applicable provider.

3.6 Military Termination Rights

Nothing in this Agreement waives or modifies any rights protected under the North Carolina Vacation Rental Act for

qualifying members of the Armed Forces of the United States or their spouses.

If Guest is a qualifying member of the Armed Forces of the United States who executes this Agreement and

subsequently receives deployment orders for a period overlapping the rental period, or permanent change of station

orders requiring relocation before the beginning of the lease term, Guest may terminate this Agreement by providing

Manager written notice of termination within the time required by the North Carolina Vacation Rental Act.

Where the vacation rental agreement is executed by the spouse of a qualifying member of the Armed Forces of the

United States, applicable statutory termination rights shall apply to the extent provided by law.

Refunds, permitted deductions, and timing of payment following a valid military termination shall be handled in

accordance with the North Carolina Vacation Rental Act.

3.7 Travel Insurance and Third-Party Protection Products

Guest acknowledges that optional travel insurance, trip interruption coverage, accidental damage protection, or similar

third-party protection products may be offered in connection with a reservation.

Any claims, coverage disputes, reimbursements, denials, or administration of such products are solely governed by the

applicable third-party provider and not by Manager or Owner.

Guest understands that purchasing travel insurance may help protect against unforeseen circumstances including

illness, weather disruptions, travel delays, emergencies, mandatory evacuations, and other covered losses.

3.8 Credit Card Processing Fees

To the extent permitted by law and payment processor policies, credit card processing fees, merchant processing costs,

or non-refundable transaction costs associated with Guest payment processing may be non-refundable in the event of

cancellation.

3.9 Refundable Security Deposit Hold

For directly processed reservations, Guest acknowledges and agrees that a Refundable Security Deposit Hold in the

amount of {BSDAMT} may be placed on Guest’s payment method approximately {BSDRS} day(s) prior to arrival.

Guest authorizes Manager to utilize the payment method associated with the reservation for purposes of the Refundable

Security Deposit Hold.

A payment-card authorization or hold that is not actually captured, charged, or collected may be treated as a card

authorization rather than a tenant security deposit to the extent permitted by law and payment processor rules. If any

- Page 6 -security deposit funds are actually collected from Guest, such funds shall be handled in accordance with the North

Carolina Vacation Rental Act, the Residential Tenant Security Deposit Act, and applicable trust accounting requirements.

Provided the Rental Property is returned in substantially the same condition as received, ordinary wear and tear

excepted, and no authorized deductions apply, the Refundable Security Deposit Hold shall generally be released within a

reasonable period following checkout, subject to payment processor and card issuer timelines.

Manager reserves the right to apply all or part of the Refundable Security Deposit Hold or collected security deposit

toward documented actual damages, costs, losses, fees, or charges arising from Guest occupancy, including but not

limited to physical damage beyond ordinary wear and tear, unauthorized guests, unauthorized parties or events, smoking

remediation, unauthorized pets, hot tub misuse or contamination, septic or plumbing misuse, excessive cleaning,

excessive trash removal, late checkout charges, lockout service calls, missing or damaged furnishings, linens, towels,

décor, appliances, electronics, amenities, emergency vendor or maintenance call charges caused by Guest negligence

or misuse, and other documented actual damages resulting from Guest conduct.

No security deposit shall be automatically forfeited because of breach. Any tenant security deposit actually collected may

be applied only to actual damages or lawful charges as permitted under applicable law.

Manager shall have no obligation to select the least expensive repair or remediation option where reasonably necessary

to restore the Rental Property.

If damages, charges, or losses exceed the Refundable Security Deposit Hold amount or collected security deposit

amount, Guest agrees to remain fully responsible for any outstanding balance.

3.10 Authorization to Charge Payment Method on File

Guest expressly authorizes Manager to charge the payment method associated with the reservation for documented

actual damages, fees, costs, losses, or obligations arising under this Agreement.

Such charges may include, without limitation, damages to the Rental Property, rule violations resulting in actual costs or

damages, excessive cleaning, smoking remediation, unauthorized pets or guests, hot tub damage or misuse, septic or

plumbing damage, missing items, lockouts requiring Manager assistance, late departure charges, excessive trash

removal, and costs reasonably incurred to restore the Rental Property to substantially the same condition existing at

check-in, ordinary wear and tear excepted.

Manager agrees to maintain commercially reasonable documentation supporting material charges upon request.

3.11 Accidental Damage Protection

If accidental damage protection is offered or purchased in connection with the reservation, Guest acknowledges that

such coverage may be subject to limitations, exclusions, deductibles, claim procedures, and third-party provider rules.

Accidental damage protection does not eliminate Guest’s responsibility for damages, losses, violations, or costs not

covered by the applicable protection product, including intentional acts, gross negligence, unauthorized pets, smoking,

excessive cleaning, hot tub misuse, septic misuse, missing items, or damages exceeding applicable coverage limits.

3.12 Airbnb Reservations — Payment and Damage Claims

For reservations booked through Airbnb, payment processing, security protections, damage claims, reimbursement

requests, and dispute procedures shall be governed by Airbnb’s applicable platform policies to the extent required by

Airbnb.

Guest remains responsible for complying with this Agreement, including provisions regarding occupancy, unauthorized

guests, parties, smoking, pets, hot tubs, septic systems, property damage, excessive cleaning, security disclosures,

amenity use, and safety rules.

Manager may document and submit claims, reports, reimbursement requests, safety concerns, or violation evidence

through Airbnb or through other lawful means where permitted.

3.13 Improper Payment Disputes and Chargebacks

- Page 7 -Guest acknowledges that reservation charges accepted under this Agreement are authorized charges for lodging,

services, and occupancy rights.

Guest further acknowledges that acceptance of this Agreement, payment of reservation funds, check-in to the Rental

Property, possession of access credentials, occupancy of the Rental Property, or continued use of the premises

constitutes evidence of acceptance of reservation charges and contractual obligations.

Guest agrees not to initiate or maintain any fraudulent, knowingly false, or improper payment dispute, chargeback,

reversal, or unauthorized transaction claim for valid charges arising from this reservation.

In the event Guest initiates a payment dispute, chargeback, or reversal relating to valid charges and fails to promptly

withdraw or resolve such dispute after written notice from Manager, Guest agrees to remain responsible for all

documented actual damages and costs reasonably incurred by Manager and/or Owner, including but not limited to

merchant processing fees, chargeback fees, payment processor penalties, administrative costs, investigation and

documentation expenses, reasonable collection costs, court filing fees, service of process costs, reasonable travel

expenses when required for legal proceedings, reasonable attorney’s fees where recoverable under applicable law, and

other documented actual damages resulting from the improper dispute.

Guest acknowledges that knowingly disputing valid charges after occupancy of the Rental Property may constitute

breach of contract, unjust enrichment, fraud, theft of services, or other legal claims available under North Carolina law or

the laws of the applicable jurisdiction.

Manager reserves all legal remedies available for recovery of unpaid charges or damages.

SECTION 4 — OCCUPANCY, GUESTS, PARTIES &

CONDUCT

4.1 Maximum Occupancy

The maximum permitted occupancy for the Rental Property is {PMAXGUESTS} total guest(s) unless otherwise approved

in writing by Manager.

The occupancy approved for this reservation is {BNADULT} Adult(s), {BNCHILD} Child(ren), {BNPET} Pet(s).

Guest acknowledges that occupancy limits are established for reasons including life safety, fire code compliance, septic

capacity limitations, insurance requirements, parking limitations, neighborhood restrictions, and property preservation.

Under no circumstances shall occupancy exceed the approved reservation count or maximum occupancy without prior

written approval from Manager.

4.2 Unauthorized Guests and Visitors

Only registered guests included within the reservation are permitted to occupy or remain overnight at the Rental

Property.

Short-term visitors exceeding reasonable use, unregistered overnight guests, unauthorized gatherings, or additional

persons beyond the reservation count require prior written approval from Manager.

Guest acknowledges that unauthorized occupancy may violate local lodging requirements, create safety concerns,

exceed septic or utility capacity, and materially impact neighboring properties.

Unauthorized occupancy constitutes a material breach of this Agreement.

Manager reserves the right to require immediate removal of unauthorized persons, impose reasonable additional

occupancy fees where permitted, terminate occupancy rights where permitted, pursue removal through lawful

procedures, pursue reimbursement for damages or violations, and/or involve local authorities if necessary.

- Page 8 -Additional occupancy charges shall be $100 per unauthorized person, per night, for the duration of the reservation, in

addition to any documented damages or costs incurred.

4.3 Parties, Events and Gatherings Prohibited

The Rental Property is intended for quiet vacation lodging only.

Parties, events, receptions, weddings, large gatherings, commercial activities, unauthorized celebrations, fraternity or

sorority functions, school groups, disruptive gatherings, or similar activities are strictly prohibited unless expressly

approved in writing by Manager.

Any gathering exceeding approved occupancy limits may be considered an unauthorized event or party.

Indicators of prohibited activity may include excessive vehicles, neighbor complaints, excessive noise, unauthorized

visitors, property misuse, security concerns, or violations of local ordinances.

Violation of this provision constitutes a material breach of this Agreement and may result in termination of occupancy

rights where permitted by law, removal from the Rental Property through lawful procedures, forfeiture of unused rental

nights where legally permitted, documented damage claims, additional cleaning charges, claims through applicable

booking platforms, and/or involvement of law enforcement if necessary.

4.4 Quiet Hours and Neighbor Respect

Guest agrees to respect neighboring properties, homeowners, residents, and community quiet enjoyment.

Unless otherwise stated in property-specific rules or local ordinances, quiet hours are from 10:00 PM to 7:00 AM.

During quiet hours, Guest shall avoid loud music, shouting, amplified sound, excessive outdoor activity, hot tub

disturbances, and conduct likely to disturb neighbors.

Outdoor amenities including hot tubs, decks, porches, fire pits, grills, and outdoor entertainment areas must be used

respectfully and without excessive noise, especially during quiet hours.

Guest shall not disturb, annoy, endanger, inconvenience, or interfere with neighboring residents or surrounding property

owners. Repeated complaints or serious disturbances may constitute a material breach of this Agreement.

4.5 Good Neighbor and Community Conduct

Guest acknowledges that the Rental Property may be located within a residential, rural, mountain, or private community.

Guest agrees to conduct themselves respectfully toward neighbors, surrounding properties, private roads, shared access

areas, wildlife, and the peaceful enjoyment of the surrounding area.

Guest shall not create nuisance conditions, block roads, trespass onto neighboring property, harass neighbors or

vendors, speed on residential or gravel roads, improperly dispose of trash, or otherwise engage in conduct that

negatively affects surrounding properties.

4.6 Illegal Activity and Commercial Use

The Rental Property shall not be used for unlawful activity, drug-related activity, underage drinking, illegal discharge of

firearms, disorderly conduct, nuisance activity, or any purpose prohibited by law.

Commercial photography, filming, events, retreats, business operations, vendor activity, or commercial use of the Rental

Property without prior written approval from Manager is prohibited.

Guest shall not assign, sublicense, sublease, or transfer occupancy rights without Manager’s written approval.

4.7 Smoking, Vaping and Controlled Substances

The Rental Property is a non-smoking property unless specifically designated otherwise in writing.

Smoking, vaping, cigars, cigarettes, e-cigarettes, marijuana, cannabis products, illegal substances, or similar materials

are prohibited inside the Rental Property and on covered decks, porches, balconies, hot tub areas, or other prohibited

- Page 9 -locations identified by Manager. Smoking or vaping of marijuana or cannabis products is prohibited regardless of legality

elsewhere.

Where outdoor smoking is permitted, Guest shall properly dispose of smoking materials and shall not leave cigarette

butts, ash, cigars, vape products, or related debris on the property.

Evidence of smoking or vaping inside prohibited areas may result in smoke remediation costs, deodorization costs,

HVAC cleaning, ozone treatment, additional housekeeping charges, loss of use damages if applicable, and additional

documented actual damages.

Smoking violations constitute a material breach of this Agreement.

4.8 Pets

Pet policies vary by property. Not all Rental Properties are pet friendly.

Only pets expressly approved for the specific Rental Property and reservation are permitted.

This reservation reflects {BNPET} approved pet(s).

If {BNPET} = 0, no pets are authorized at the Rental Property unless expressly approved in writing by Manager prior to

arrival.

For pet-friendly properties, pets are permitted only with prior approval and payment of applicable pet fees.

Unless otherwise approved in writing by Manager, a maximum of two (2) dogs is permitted, pets must be housebroken,

excessive barking is prohibited, pets must remain under Guest supervision, and pets shall not be permitted on beds or

furniture unless otherwise specifically allowed by property-specific rules.

Guest agrees to promptly clean pet waste, prevent flea or tick infestations, prevent property damage, avoid pet-related

odors or stains, and kennel pets when left unattended if required by property-specific rules.

Guest remains fully responsible for all pet-related damages, odors, stains, excessive cleaning, scratches, hair removal,

flea remediation, or other resulting costs.

Unauthorized pets or animals at non-pet-friendly properties, or pets exceeding approved reservation limits, may result in

additional pet fees, additional cleaning charges, flea or tick treatment costs, documented damages, cancellation of

occupancy where legally permitted, and/or removal of the animal if not protected by applicable law.

Nothing in this Agreement limits rights protected under applicable federal or North Carolina law regarding qualifying

service animals.

Guest acknowledges that emotional support animals, therapy animals, or companion animals may not receive the same

legal treatment as trained service animals under applicable law. Manager may request legally permissible information

where allowed by law.

4.9 Children and Supervision

Guest acknowledges that cabins and mountain properties may include inherent hazards, including steep terrain, decks,

stairs, fireplaces, hot tubs, wildlife, water features, grills, and uneven outdoor surfaces.

Parents and supervising adults remain solely responsible for the supervision, safety, and conduct of minors at all times.

Children shall not be left unattended where conditions may create unreasonable safety risks.

4.10 Vehicles, Parking, Trailers and Recreational Equipment

Guest agrees to comply with all parking restrictions and vehicle limitations applicable to the Rental Property.

Guest acknowledges that mountain properties frequently have limited parking, steep driveways, gravel roads, narrow

access roads, and neighborhood restrictions.

- Page 10 -Motorhomes, RVs, campers, trailers, side-by-sides, ATVs, UTVs, off-road vehicles, oversized vehicles, or excessive

vehicle counts are prohibited without prior written approval from Manager.

Unauthorized vehicles or trailers may be required to leave the property.

Guest assumes all risks associated with mountain driving, steep grades, gravel roads, and weather-related road

conditions.

4.11 Fireworks and Hazardous Devices

Fireworks, explosives, lantern releases, pyrotechnic devices, or similar hazardous devices are prohibited without prior

written approval from Manager.

Violation of this provision may constitute a material breach of this Agreement and may result in removal through lawful

procedures, additional charges, damage claims, or involvement of local authorities where necessary.

4.12 Furniture, Décor, Appliances and Equipment

Guest shall not rearrange, move, remove, modify, disconnect, or misuse indoor or outdoor furniture, décor, mattresses,

gaming equipment, televisions, appliances, electronics, hot tub covers, grills, or similar property without prior approval

from Manager.

Guest may be responsible for damages, excessive cleaning, vendor labor, floor scratches, missing items, improper

reassembly, or restoration costs resulting from unauthorized movement or misuse.

SECTION 5 — MOUNTAIN PROPERTY

DISCLOSURES, UTILITIES & PROPERTY SYSTEMS

5.1 Mountain Property Acknowledgement

Guest acknowledges that the Rental Property is located in a mountain environment within Western North Carolina and

may involve conditions not commonly encountered in urban, suburban, or traditional residential settings.

Guest understands that mountain properties may include steep terrain, elevated decks, stairs, retaining areas, gravel or

narrow roads, curving mountain roads, uneven outdoor surfaces, wildlife activity, insects, limited lighting, changing

weather conditions, and natural environmental hazards.

Guest assumes responsibility for exercising reasonable caution while using the Rental Property, exterior areas, parking

areas, access roads, decks, stairs, trails, wooded areas, and surrounding natural features.

Nothing in this section is intended to waive any non-waivable duty of Owner or Manager under the North Carolina

Vacation Rental Act, including duties related to fit and habitable condition, necessary repairs, smoke detectors, carbon

monoxide alarms, or other obligations required by law.

5.2 Roads, Driveways and Vehicle Access

Guest acknowledges that mountain roads, private roads, shared roads, driveways, parking areas, and access routes

may be steep, narrow, curving, gravel, uneven, affected by erosion, washboarding, weather, fallen leaves, mud, snow,

ice, debris, or other natural conditions, and may be more difficult to navigate than standard paved roads.

Manager makes no guarantee regarding Guest vehicle suitability for mountain driving conditions.

Certain weather events or natural conditions may impact accessibility, including snow, ice, flooding, fallen trees or limbs,

mud, or road obstructions.

Guest assumes all ordinary risks associated with mountain driving, driveway use, parking, backing, turning around,

towing, and vehicle access.

- Page 11 -Manager strongly recommends Guest review weather conditions and vehicle suitability before arrival.

Manager and Owner shall not be responsible for vehicle damage, towing costs, road delays, inaccessible roads caused

by weather or natural events, or Guest dissatisfaction relating to mountain road conditions reasonably disclosed prior to

booking, except to the extent caused by gross negligence, intentional misconduct, or duties that cannot legally be waived

under North Carolina law.

5.3 Weather, Natural Events and Conditions Outside Manager Control

Western North Carolina weather conditions may change rapidly and may impact travel, utilities, road conditions, property

access, outdoor use, or amenity availability.

Manager and Owner shall not be responsible for circumstances outside their reasonable control, including severe

weather, snow or ice, flooding, hurricanes or tropical weather systems, wind events, wildfire smoke or environmental

conditions, road closures, utility interruptions, government actions, fallen trees, landslides, natural disasters, or other

force majeure events, except as otherwise required by applicable law.

Mandatory evacuation rights and obligations are addressed separately in this Agreement and shall be governed by the

North Carolina Vacation Rental Act.

Manager will make commercially reasonable efforts to assist Guest with information or alternative solutions where

practical; however, no guarantee of uninterrupted occupancy, utilities, travel conditions, road access, or amenity

availability is made.

Any refunds, credits, relocations, or accommodations shall be governed by applicable law, Booking Platform

requirements, travel insurance coverage, and Manager discretion where permitted.

5.4 Utilities, Internet, Television and Technology

Guest acknowledges that mountain properties may occasionally experience interruptions, limitations, or service

degradation involving electricity, internet service, cellular reception, satellite or streaming television, water service, HVAC

systems, smart home technology, security technology, or other utilities and systems.

Internet speeds, streaming quality, Wi-Fi reliability, and cellular service may vary by carrier, weather conditions, utility

provider, terrain, network congestion, equipment limitations, or service outages.

While Manager makes commercially reasonable efforts to maintain amenities and utility service, no guarantee of

uninterrupted internet, streaming, television, cellular service, HVAC, water service, or utility availability is made.

Temporary outages, interruptions, equipment failures, provider disruptions, or service degradation shall not constitute a

breach of this Agreement unless such condition makes the Rental Property unfit or uninhabitable under applicable law

and Manager or Owner fails to provide a remedy required by law.

Manager will make commercially reasonable efforts to address reported issues during the reservation.

5.5 Wildlife, Insects and Natural Environment

Guest acknowledges that wildlife and insects are naturally present in mountain environments.

Wildlife and pests may include bears, snakes, deer, raccoons, rodents, spiders, bees, wasps, carpenter bees,

mosquitoes, ants, ladybugs, stink bugs, flies, moths, ticks, and other insects or animals common to the Smoky Mountain

region.

The presence of wildlife, insects, webs, leaves, pollen, mud, natural debris, sounds of wildlife, or occasional pest activity

shall not constitute grounds for refund, relocation, or cancellation unless required by applicable law or unless the

condition makes the Rental Property unfit or uninhabitable and Manager or Owner fails to provide a remedy required by

law.

Guest agrees not to feed wildlife, not to approach wildlife, not to leave food or trash outdoors, to secure doors and

windows, to follow posted trash instructions, and to promptly notify Manager of unusual pest concerns.

Guest assumes responsibility for exercising reasonable care in all indoor and outdoor areas.

- Page 12 -5.6 Septic Systems and Plumbing Restrictions

Many mountain properties utilize private septic systems that are highly sensitive to misuse.

Only toilet paper may be flushed.

The following items shall never be flushed, disposed of in sinks, or introduced into plumbing systems: wipes, including

“flushable” wipes, feminine hygiene products, paper towels, grease or cooking oils, diapers, hygiene products, food

waste not suitable for disposals, chemicals, toys, cotton products, dental floss, cigarette butts, or foreign materials.

Guest agrees to use plumbing systems responsibly and to promptly report slow drains, backups, leaks, clogged toilets,

water issues, or other plumbing concerns.

Guest may be responsible for documented repair costs, plumbing service calls, septic pumping, drain clearing, water

damage, remediation, loss of use, or related costs resulting from misuse by Guest or Guest invitees.

Manager will make commercially reasonable efforts to address reported plumbing or septic issues during the reservation,

subject to vendor availability, weather, access, and circumstances outside Manager’s reasonable control.

5.7 Smoke Detectors, Carbon Monoxide Alarms and Safety Systems

Owner and Manager shall comply with non-waivable duties under the North Carolina Vacation Rental Act regarding fit

and habitable condition, necessary repairs, smoke detectors, carbon monoxide alarms, and other safety obligations

required by law.

Manager shall verify that Owner has installed operable smoke detectors and carbon monoxide alarms where required by

law and shall verify that batteries in battery-operated smoke detectors or carbon monoxide alarms are replaced as

required by law.

Guest shall not remove, disable, cover, disconnect, tamper with, or interfere with any smoke detector, carbon monoxide

alarm, fire extinguisher, safety device, security device, alarm, sensor, or other safety-related equipment.

Guest shall promptly notify Manager of any beeping, chirping, missing, damaged, malfunctioning, disconnected, or non-

operable smoke detector, carbon monoxide alarm, fire extinguisher, or other safety-related concern.

Guest shall not create unsafe conditions, block exits, disable lighting needed for safe access, overload electrical

systems, misuse fireplaces or grills, or use appliances or equipment in a manner inconsistent with posted instructions or

ordinary safe operation.

Guest may be responsible for documented costs, damages, service calls, replacement costs, or emergency response

costs resulting from Guest tampering, misuse, removal, disabling, or failure to promptly report known safety concerns.

Nothing in this Agreement waives any right, duty, remedy, or obligation that cannot legally be waived under North

Carolina law.

SECTION 6 — AMENITIES, HOT TUBS, FIRE,

RECREATION & LIABILITY

6.1 Amenity Availability

Amenities are provided as a convenience and may vary by property. Amenities may include, without limitation, hot tubs,

pools, swim spas, fireplaces, fire pits, grills, game rooms, arcade games, pool tables, bunk beds, decks, hammocks,

swings, slides, kayaks, canoes, docks, water access, outdoor seating, appliances, electronics, and other recreational or

convenience features.

Manager makes commercially reasonable efforts to maintain listed amenities in working order; however, no amenity is

guaranteed to be continuously available, uninterrupted, or free from temporary outage, maintenance interruption,

- Page 13 -mechanical failure, weather-related limitation, utility interruption, or necessary service.

Temporary amenity outages, maintenance needs, mechanical failures, weather interruptions, or service limitations shall

not constitute a breach of this Agreement unless required by applicable law or unless the condition makes the Rental

Property unfit or uninhabitable and Manager or Owner fails to provide a remedy required by law.

Manager will make commercially reasonable efforts to address reported amenity issues during the reservation.

6.2 Hot Tubs, Pools and Water Amenities

Where applicable, hot tubs, pools, swim spas, or similar water amenities are provided as a convenience and are used

entirely at Guest’s own risk, except to the extent caused by gross negligence, intentional misconduct, or duties that

cannot legally be waived under North Carolina law.

Guest acknowledges that hot tubs and water amenities may pose health and safety risks, wet surfaces may be slippery,

children require constant supervision, children under the age of fourteen (14) are prohibited from using hot tubs at the

Rental Property, and hot tub temperatures may pose health risks if improperly altered.

Guest agrees that no glass containers are permitted in or near hot tubs, pools, or water amenities; no pets are permitted

in hot tubs, pools, or on covers; no person shall stand, sit, or jump on hot tub covers; hot tub covers must remain

secured when not actively in use; Guest shall shower when reasonably possible before use; Guest shall not introduce

soaps, oils, bubble bath, chemicals, food, beverages, detergents, lotions, bath products, or foreign substances into water

amenities; Guest shall not tamper with controls or equipment beyond normal operation; and Guest shall comply with all

posted instructions and house rules.

Hot tub temperature settings shall not be lowered below ninety-eight degrees Fahrenheit (98°F). Guest shall not

intentionally alter temperature settings in a manner reasonably likely to interfere with sanitation, equipment performance,

guest safety, utility use, or preparation for future guests.

Only Manager, Owner, housekeeping personnel, or authorized vendors may service, drain, refill, or chemically treat

water amenities.

Guest may be responsible for documented costs associated with misuse, contamination, draining, refilling, chemical

correction, emergency service calls, equipment damage, sanitation issues, or remediation.

Manager makes commercially reasonable efforts to maintain safe and operable water amenities but does not guarantee

uninterrupted operation. Temporary outages, weather-related shutdowns, maintenance interruptions, utility issues,

sanitation corrections, or mechanical failures shall not constitute a breach of this Agreement unless required by

applicable law.

6.3 Fireplaces, Fire Pits, Grills and Outdoor Heating Amenities

Where provided, fireplaces, fire pits, grills, or outdoor heating amenities shall be used responsibly and only in

accordance with posted instructions and property-specific rules.

Guest agrees never to leave fires, grills, embers, coals, flames, or heating amenities unattended; not to use accelerants

including gasoline, lighter fluid unless expressly permitted for grill use, or similar substances; to fully extinguish fires after

use; to comply with local burn restrictions or fire bans; to keep flames and heat sources away from structures,

vegetation, furniture, decks, railings, and hot tub covers; and to exercise reasonable caution around wooded areas and

mountain conditions.

Manager reserves the right to temporarily suspend use of fireplaces, fire pits, grills, or outdoor heating amenities due to

weather conditions, drought, burn bans, maintenance concerns, safety concerns, insurance requirements, or property-

specific restrictions.

Guest assumes all ordinary risks associated with use of fire-related amenities and may be responsible for damages, fire

department response costs, cleanup, smoke remediation, burn damage, missing equipment, or other documented costs

caused by misuse.

Nothing in this section waives any non-waivable duty of Owner or Manager under North Carolina law, including duties

related to fit and habitable condition, smoke detectors, carbon monoxide alarms, or necessary repairs.

- Page 14 -6.4 Recreational Amenities, Equipment and Outdoor Activities

Certain Rental Properties may offer or provide access to recreational amenities, outdoor features, or equipment,

including but not limited to kayaks, canoes, tubes, slides, hammocks, swings, rope swings, ladders, docks, ponds,

creeks, streams, lakes, fire pits, hot tubs, pools, game rooms, bunk beds, hiking areas, decks, stairs, grills, sporting

equipment, bicycles, fishing access, wooded terrain, steep terrain, outdoor structures, water access, and other

recreational opportunities.

Use of any recreational amenity, outdoor feature, equipment, structure, or natural feature is entirely voluntary and at

Guest’s own risk, except to the extent caused by gross negligence, intentional misconduct, or duties that cannot legally

be waived under North Carolina law.

Guest voluntarily assumes ordinary risks of injury, illness, death, drowning, slips, falls, equipment failure, misuse, wildlife

encounters, environmental hazards, recreational injury, property damage, or other loss arising from Guest use of the

Rental Property or any amenity located on, near, or associated with the Rental Property.

Guest accepts full responsibility for supervision of minors and all occupants.

Use of any amenity constitutes acknowledgement and acceptance of these risks.

To the fullest extent permitted by law, Guest releases, waives, indemnifies, defends, and holds harmless Owner,

Manager, and their respective employees, contractors, representatives, and agents from any claim, injury, death, loss,

liability, or damages arising from Guest occupancy or use of any amenity, recreational feature, equipment, structure, or

natural feature of the property, whether foreseeable or unforeseeable, except to the extent caused by gross negligence,

intentional misconduct, or duties that cannot legally be waived under North Carolina law.

6.5 Kayaks and Watercraft

Guest acknowledges that use of any kayaks, canoes, paddleboards, tubes, floats, or other watercraft located on the

property is at Guest’s own risk, except to the extent caused by gross negligence, intentional misconduct, or duties that

cannot legally be waived under North Carolina law.

Guest, and all other guests of Guest, shall wear a properly fitted life jacket while using kayaks, canoes, paddleboards,

tubes, floats, or other watercraft at all times.

Guest shall not allow any person to use kayaks, canoes, paddleboards, tubes, floats, or other watercraft if such person is

unable to swim, impaired, physically unable to safely participate, or otherwise unable to reasonably understand and

follow safety instructions.

Guest shall maintain direct supervision of any children using kayaks, canoes, paddleboards, tubes, floats, docks, water

access areas, or similar water-related amenities.

Guest shall not use watercraft during unsafe weather, darkness, flooding, high water, strong current, hazardous

conditions, or in any manner inconsistent with ordinary safe operation.

Guest shall indemnify and hold Owner and Manager harmless from any loss or injury arising from Guest use of kayaks,

canoes, paddleboards, tubes, floats, docks, water access areas, or other water-related amenities, except to the extent

caused by gross negligence, intentional misconduct, or duties that cannot legally be waived under North Carolina law.

Guest will be charged for missing paddles, missing life jackets, damaged equipment, or damaged or missing kayaks,

canoes, paddleboards, tubes, floats, or other watercraft based on documented replacement or repair costs.

6.6 General Assumption of Risk and Release

Guest voluntarily assumes all ordinary risks associated with mountain environments, outdoor recreation, decks and

stairs, bunk beds, hammocks, swings, slides, hot tubs and water amenities, grills and fireplaces, wildlife and insects,

weather conditions, recreational equipment, natural terrain, parking areas, roadways, and use of the Rental Property.

Nothing in this Agreement shall waive rights that cannot legally be waived under North Carolina law, including claims

arising from gross negligence, willful misconduct, intentional misconduct, or duties imposed by the North Carolina

Vacation Rental Act that cannot be waived.

- Page 15 -To the fullest extent permitted by law, Guest agrees to release, indemnify, defend, and hold harmless Manager, Owner,

and their respective employees, contractors, representatives, and agents from claims arising from Guest use of the

Rental Property except to the extent caused by gross negligence, intentional misconduct, or duties that cannot legally be

waived under North Carolina law.

SECTION 7 — CHECK-IN, CHECKOUT, CLEANING,

DAMAGES, CAMERAS & ENTRY

7.1 Property Condition and Guest Responsibility

Guest agrees to maintain the Rental Property in a clean, safe, and reasonably sanitary condition during occupancy.

Guest accepts responsibility for the actions, conduct, and damages caused by Guest, minors under Guest supervision,

invitees, visitors, occupants, and animals brought onto the Rental Property by Guest or with Guest’s permission.

Guest agrees to return the Rental Property in substantially the same condition in which it was received, ordinary wear

and tear excepted.

Guest shall promptly report maintenance concerns, unsafe conditions, damage, plumbing issues, hot tub concerns,

appliance failures, utility issues, safety-device concerns, smoke detector concerns, carbon monoxide alarm concerns, or

other material property concerns to Manager.

Failure to timely report known issues that materially worsen damages may result in Guest responsibility for resulting

costs to the extent caused by Guest’s failure to report, negligence, misuse, or failure to follow instructions.

Nothing in this section waives any duty of Owner or Manager under the North Carolina Vacation Rental Act, including

duties related to fit and habitable condition, necessary repairs, smoke detectors, carbon monoxide alarms, or other

obligations required by law.

7.2 Check-In and Property Reporting

Check-in begins at {BCHECKINTIME} on {BARR} unless otherwise approved in writing by Manager.

Guest shall promptly inspect the Rental Property upon arrival.

Any cleanliness concerns, maintenance issues, missing items, hot tub concerns, safety concerns, smoke detector

concerns, carbon monoxide alarm concerns, or pre-existing damage should be reported to Manager within two (2) hours

of check-in.

For issues that are not visible or reasonably discoverable during the initial arrival inspection, Guest must report the issue

immediately upon discovery.

Failure to timely report visible or reasonably discoverable concerns may create a rebuttable presumption that such

condition did not originate prior to Guest occupancy.

Guest acknowledges that delayed reporting of cleanliness concerns, hot tub concerns, damaged items, missing items,

safety-device concerns, or other reasonably discoverable conditions may limit Manager’s ability to verify or remedy the

concern and may affect Guest’s responsibility for resulting damages, cleaning, service calls, or claims.

7.3 Checkout and Late Departure

Checkout occurs no later than {BCHECKOUTTIME} on {BDEP} unless otherwise approved in writing by Manager.

Guest agrees to fully vacate the Rental Property by the scheduled checkout time, including removal of all personal

property, vehicles, guests, visitors, pets, and belongings.

A fifteen (15) minute grace period may be allowed at Manager’s discretion.

- Page 16 -Unauthorized occupancy beyond checkout time may interfere with housekeeping schedules, maintenance, vendor

access, inspections, and incoming reservations.

Unauthorized late checkout charges shall be $100 per hour, or partial hour, beginning immediately after the grace period

expires.

Additional documented costs may apply if late departure results in delayed housekeeping, delayed check-in for incoming

guests, additional staffing costs, compensation to incoming guests, vendor rescheduling, business interruption damages,

or other actual costs.

Holding over, refusal to vacate, or unauthorized occupancy beyond the reservation period may constitute trespass and/or

grounds for removal under applicable North Carolina law, including the lawful procedures available under the North

Carolina Vacation Rental Act where applicable.

7.4 Checkout Condition and Guest Departure Obligations

Guest agrees to follow all checkout instructions provided by Manager, including instructions related to trash, dishes,

linens, thermostats, doors, windows, lights, hot tub covers, grills, fireplaces, parking areas, and personal belongings.

Guest shall not leave the Rental Property in a condition requiring unreasonable cleaning, restoration, trash removal,

maintenance, or vendor service beyond ordinary turnover cleaning.

Guest remains responsible for damages, missing items, excessive cleaning, unsecured doors or windows, improper

disposal of trash, misuse of amenities, or failure to follow checkout instructions to the extent such failure causes actual

costs, damages, delays, or operational disruption.

7.5 Excessive Cleaning

Standard cleaning fees cover ordinary turnover cleaning, including normal sanitizing, sweeping and mopping, standard

bathroom cleaning, linen laundering, and preparation for the next guest.

Guest agrees to leave the Rental Property in reasonably clean condition.

Excessive cleaning beyond ordinary turnover standards may result in additional charges.

Examples of excessive cleaning may include, but are not limited to, excessive trash, bodily fluids, vomit, pet waste,

strong odors, smoking residue, excessive grease or food accumulation, stained linens or towels, excessive pet hair,

biohazard cleanup, spills requiring specialized treatment, excessive mud, dirt, glitter, confetti, decorations, debris, food

left throughout the property, dirty dishes beyond normal use, cigarette butts, ashes, or unreasonable cleaning burdens

beyond standard turnover.

Additional excessive cleaning charges may be assessed at $125 per hour, plus documented material costs, vendor

costs, specialty treatment costs, or remediation costs where applicable.

Smoking remediation, ozone treatment, HVAC cleaning, stain removal, specialty cleaning, pest treatment caused by

Guest conduct, or professional remediation services may incur additional documented charges.

7.6 Damage, Missing Items and Restoration

Guest accepts responsibility for documented damages occurring during the reservation period beyond ordinary wear and

tear.

Guest may be held responsible for costs associated with damaged furnishings, décor, appliances, electronics, linens or

towels, bedding, mattresses, fixtures, doors, windows, flooring, walls, decks, railings, landscaping, grills, hot tubs, hot tub

covers, septic or plumbing systems, exterior property, recreational amenities, missing items, broken items, and

negligence or misuse caused by Guest or Guest invitees.

Manager reserves the right to repair, replace, remediate, or restore damaged property using commercially reasonable

methods.

Manager shall not be obligated to utilize the least expensive repair, replacement, vendor, or remediation option where

reasonably necessary to restore the Rental Property, protect the Owner’s property, preserve future reservations, comply

- Page 17 -with safety standards, or return the property to proper operating condition.

Where practical, commercially reasonable documentation may be maintained for material damages or charges.

Any charges against Guest, any payment method on file, any Refundable Security Deposit Hold, or any tenant security

deposit actually collected shall be limited to documented actual damages, lawful charges, or costs recoverable under this

Agreement and applicable law.

No tenant security deposit shall be automatically forfeited because of breach. Any tenant security deposit actually

collected may be applied only to actual damages or lawful charges as permitted by applicable law.

7.7 Linens, Towels and Bedding

Guest is responsible for lost, missing, damaged, bleached, stained, or misused linens, towels, bedding, blankets,

comforters, pillows, mattress protectors, makeup towels, and similar items.

Charges may include replacement costs, specialty cleaning costs, labor, and documented expenses necessary to restore

or replace damaged or missing items.

Guest shall not use towels, linens, bedding, or other household items for cleaning vehicles, pets, hot tubs, spills, makeup

removal except designated makeup towels, outdoor use, or any use likely to stain, damage, or excessively soil such

items.

7.8 Lost and Found

Guest is responsible for shipping costs, handling costs, packaging costs, and any reasonable expenses associated with

returning lost and found items requested by Guest.

Manager is not responsible for lost, misplaced, stolen, or abandoned personal property, except to the extent required by

applicable law.

Items found and not claimed within a reasonable period may be disposed of at Manager’s discretion.

7.9 Right of Entry

Manager, Owner, housekeeping personnel, maintenance providers, contractors, inspectors, emergency personnel, or

authorized vendors may enter the Rental Property when reasonably necessary for purposes including emergencies,

urgent repairs, safety concerns, hot tub service, pest control, maintenance, inspections related to suspected violations,

prevention of property damage, protection of persons or property, utility issues, safety-device concerns, smoke detector

or carbon monoxide alarm concerns, or compliance with this Agreement.

Reasonable notice shall generally be provided when practical; however, advance notice shall not be required in

emergencies, urgent maintenance situations, suspected property damage, suspected material lease violations,

unauthorized occupancy, safety concerns, refusal to communicate, or conditions requiring immediate access.

Guest shall not deny, block, delay, or unreasonably interfere with authorized access.

Entry shall be conducted in a reasonable manner under the circumstances and in accordance with applicable law.

7.10 Smart Locks, Access Codes and Security Systems

Properties may utilize electronic locks, access credentials, gate systems, alarm systems, or similar technology.

Guest shall not tamper with locks, disable systems, alter devices, share access credentials beyond authorized

occupants, duplicate access credentials, or permit unauthorized entry.

Manager reserves the right to deactivate access credentials, change entry codes, restrict access, or involve appropriate

authorities where reasonably necessary due to unauthorized occupancy, material violations of this Agreement, parties or

disturbances, refusal to vacate, safety concerns, property protection concerns, suspected illegal activity, or termination of

occupancy rights.

- Page 18 -Nothing in this section authorizes an unlawful lockout or self-help eviction. Where Guest retains lawful occupancy rights,

removal shall occur only through procedures permitted by the North Carolina Vacation Rental Act, applicable Booking

Platform procedures, law enforcement assistance where appropriate, court order, or other lawful remedies.

7.11 Security Cameras and Monitoring Disclosure

Guest acknowledges that certain Rental Properties may utilize exterior-facing security cameras and recording devices,

including devices capable of recording audio where permitted by law, for purposes including guest safety, property

protection, parking monitoring, driveway monitoring, wildlife activity, exterior entry monitoring, rule enforcement, and

security investigations.

Security devices, where present, are positioned only in exterior areas and are not intended to invade reasonable privacy.

Guest acknowledges that no expectation of privacy exists in exterior areas visible to disclosed exterior security devices.

No cameras, surveillance devices, or recording devices are installed inside the interior living spaces of the Rental

Property.

No cameras, surveillance devices, or recording devices are installed in private areas where a person would reasonably

expect privacy, including bedrooms, bathrooms, changing areas, or sleeping areas.

Guest shall not tamper with, disable, obstruct, disconnect, cover, redirect, or interfere with security equipment.

Tampering with security devices may constitute a material breach of this Agreement and may result in charges for

service calls, reconnection, replacement, damages, or other documented costs.

7.12 Owner and Manager Maintenance Obligations; Guest Remedies Preserved

Owner and Manager shall comply with non-waivable obligations imposed by the North Carolina Vacation Rental Act,

including obligations related to fit and habitable condition, necessary repairs, smoke detectors, carbon monoxide alarms,

and other duties required by law.

Guest shall promptly notify Manager of any condition that Guest believes materially affects health, safety, habitability, or

use of the Rental Property.

Manager will make commercially reasonable efforts to address reported maintenance, safety, utility, amenity, or

habitability concerns during the reservation, subject to the nature of the issue, vendor availability, access, weather,

Booking Platform requirements, and applicable law.

Nothing in this Agreement shall limit any right or remedy that cannot legally be waived under North Carolina law.

SECTION 8 — DEFAULT, LEGAL TERMS, VENUE,

FINAL ACKNOWLEDGEMENT & SIGNATURE

8.1 Default and Material Breach

A material breach of this Agreement may result in termination of Guest’s occupancy rights where permitted under North

Carolina law.

Material breaches may include, but are not limited to, unauthorized occupancy, unauthorized guests, parties or events,

illegal activity, property destruction, smoking violations, unauthorized pets, dangerous conduct, excessive disturbances,

refusal to comply with lawful Manager instructions, refusal to vacate, tampering with security devices, misuse of

amenities, threats or harassment toward neighbors or vendors, or violations materially affecting persons, property,

neighboring residents, Owner, or Manager.

Upon material breach, Manager may pursue remedies available under this Agreement, applicable Booking Platform

rules, and North Carolina law.

- Page 19 -Nothing in this Agreement authorizes unlawful self-help eviction, unlawful lockout, or removal outside procedures

permitted by applicable law.

8.2 Removal and Expedited Eviction

Manager reserves all remedies available under the North Carolina Vacation Rental Act, N.C.G.S. Chapter 42A, including

expedited eviction procedures where applicable.

Guest acknowledges that material breach may result in termination of occupancy rights, pursuit of removal through lawful

procedures, involvement of law enforcement when appropriate, claims for damages, and forfeiture of unused occupancy

where legally permitted.

Nothing in this Agreement limits Manager’s or Owner’s right to contact law enforcement, emergency services, Booking

Platform safety teams, or other appropriate authorities when conduct creates a safety concern, property concern,

unlawful condition, disturbance, or refusal to vacate.

Where formal removal is required, Manager and Owner shall pursue removal through procedures permitted by the North

Carolina Vacation Rental Act, applicable Booking Platform procedures, court process, law enforcement assistance where

appropriate, or other lawful remedies.

8.3 Firearms, Weapons and Hazardous Conduct

No firearms, weapons, or similar devices may be discharged on the Rental Property for sport, recreation, target practice,

hunting, celebration, or any other purpose unless expressly authorized in writing by Manager and permitted by law.

Guest shall not engage in hazardous conduct that creates unreasonable risk to persons, property, neighbors, wildlife,

wooded areas, or surrounding structures.

Any unauthorized discharge of a weapon, threatening conduct, unsafe conduct, or hazardous activity may result in

termination of occupancy rights where permitted by law, pursuit of removal through lawful procedures, claims for

damages, involvement of law enforcement, and other remedies available under this Agreement or applicable law.

8.4 Unavailability of Rental Property

If Manager is unable to make the Rental Property available for reasons outside Guest’s control, and a reasonable

substitute property is not available as determined by Manager, Guest’s remedy shall be governed by applicable law,

including the North Carolina Vacation Rental Act, applicable Booking Platform requirements, and any applicable travel

insurance or third-party protection product.

Except as otherwise provided by the North Carolina Vacation Rental Act regarding mandatory evacuations, if at the time

Guest is to begin occupancy Manager or Owner cannot provide the Rental Property in a fit and habitable condition, and

cannot provide a reasonably comparable substitute property in a fit and habitable condition, Guest shall be refunded all

payments made by Guest as required by law.

If the Rental Property is rendered uninhabitable by fire, casualty, severe damage, utility failure, natural disaster,

government order, road closure, safety concern, or other circumstances outside Manager’s reasonable control, Manager

will address refunds, credits, relocation, or other remedies in accordance with applicable law, Booking Platform

requirements, travel insurance coverage, and Manager discretion where permitted.

Manager and Owner shall not be liable for special, incidental, indirect, consequential, punitive, or loss-of-enjoyment

damages arising from unavailability of the Rental Property, except to the extent such limitation is prohibited by applicable

law.

8.5 Limitation of Liability

To the fullest extent permitted by law, Manager and Owner shall not be liable for injury, loss, inconvenience, delay,

property damage, service interruption, utility interruption, amenity outage, road condition, weather event, wildlife

encounter, insect activity, or other condition arising from Guest’s occupancy, use of the Rental Property, use of amenities,

or circumstances outside Manager’s or Owner’s reasonable control, except to the extent caused by gross negligence,

willful misconduct, intentional misconduct, or duties that cannot legally be waived under North Carolina law.

- Page 20 -Nothing in this Agreement is intended to waive rights that cannot legally be waived under North Carolina law, including

rights and duties under the North Carolina Vacation Rental Act.

8.6 Indemnification

To the fullest extent permitted by law, Guest agrees to indemnify, defend, and hold harmless Manager, Owner, and their

respective employees, contractors, representatives, members, agents, and vendors from and against claims, damages,

losses, liabilities, expenses, costs, demands, actions, fines, penalties, injuries, or attorney’s fees arising out of or related

to Guest’s occupancy, Guest’s breach of this Agreement, Guest’s negligence or misuse, Guest’s violation of law or rules,

Guest’s invitees or occupants, Guest’s pets or animals, or Guest’s use of the Rental Property or amenities, except to the

extent caused by gross negligence, willful misconduct, intentional misconduct, or duties that cannot legally be waived

under North Carolina law.

8.7 Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.

To the fullest extent permitted by law, venue for disputes arising under this Agreement shall lie in the county where the

Rental Property is located.

Guest consents to jurisdiction in such venue where legally enforceable.

Nothing in this section shall limit any venue, jurisdiction, consumer protection, military, mandatory evacuation, trust

accounting, security deposit, or other right that cannot legally be waived under North Carolina law.

8.8 Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall

remain in full force and effect.

Any invalid provision shall be interpreted as closely as possible to reflect the original intent while remaining enforceable.

8.9 Entire Agreement

This Agreement, together with house rules, reservation details, property disclosures, check-in instructions, checkout

instructions, guest materials, and incorporated booking terms, constitutes the entire agreement between the parties

regarding Guest’s occupancy of the Rental Property.

Any amendments must be in writing and accepted by Manager.

Manager shall conduct all brokerage and lodging-related activities without regard to race, color, religion, sex, national

origin, handicap, familial status, or any other classification protected by applicable law.

Nothing in this Agreement waives, modifies, or limits any right, duty, or remedy that cannot legally be waived, modified,

or limited under the North Carolina Vacation Rental Act, the Residential Tenant Security Deposit Act where applicable,

fair housing laws, service animal laws, military termination laws, mandatory evacuation laws, or other applicable law.

8.10 Material Terms Acknowledgement

Guest specifically acknowledges understanding that this Agreement includes material provisions regarding occupancy

limits, unauthorized guests, parties and events, hot tub rules, recreational risks, kayaks and water amenities, security

cameras, payment authorizations, Refundable Security Deposit Holds, damages, smoking, pets, late departure fees,

excessive cleaning, exterior conditions, mountain roads, septic systems, smoke detectors, carbon monoxide alarms,

limitation of liability, indemnification, property transfer rights, mandatory evacuation rights, military termination rights, and

expedited removal for material violations through lawful procedures.

By signing, paying for, checking into, accepting access credentials for, or occupying the Rental Property after receipt of

this Agreement, Guest acknowledges having read, understood, and agreed to all terms of this Agreement.

8.11 Guest Acceptance

Primary Guest: {CFULL}

- Page 21 -Reservation Property: {PDISPNAME}

Arrival Date: {BARR}

Departure Date: {BDEP}

Guest’s electronic signature, digital acknowledgement, payment after receipt of this Agreement, acceptance of access

credentials, or occupancy after receipt of this Agreement shall constitute acceptance of this Agreement.