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.
