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Backwoods Cabin Rentals in the Blue Ridge Mountains of North Georgia

CABIN RENTAL AGREEMENT/CONTRACT
State of Georgia, County of Gilmer

1.  RESERVATION AGREEMENT - Guests acknowledge, understand, and agree that the moment Guests give Agents their credit card information, Agents are authorized to charge said credit card for the rental amount agreed upon.  Agents’ Cancellation Policy will govern any cancellation, rescheduling, or change after the credit card authorization.
2.  CANCELLATION/RESCHEDULING POLICY- Cancellations, rescheduling, or changes must be submitted in writing and confirmed received by Backwoods Cabin RentalsŪ no later than twenty one (21) days prior to check-in date in order to receive refund, less $30 processing fee.  If cancellations, rescheduling, or changes are made less than twenty one (21) days prior to check-in date, NO REFUNDS OR REBATES will be offered. No reason excuses you from this policy.
3.  NO SHOW/EARLY DEPARTURE POLICY- Agents are not responsible for Guests inability to arrive or if Guests chooses to depart early for any reason, or if members of Guests party do not show up.  No refunds will be offered.
4.  REFUNDS - This Cabin Rental Agreement is a legally binding agreement between Guest, Agency & Owner.  Your reservation binds you to a specific period of time.  Agent will make every effort to correct any problem that arises during your stay in a timely manner.  There should be no expectation of refund, and there will be no refund or relocation because you are disappointed with the property you have chosen to rent. There will be no refunds or compensation for:  Acts of God, Mother Nature, acts of war or government agencies, road maintenance, gas shortages, power outages or water outages. 
5.  MAXIMUM OCCUPANCY - The maximum occupancy is stated in all accommodation descriptions.  Any child one year old and above is considered an occupant & must be included in the occupancy total.  Rollaway beds, inflatable mattresses & sleeping bags are prohibited.  If you are found to exceed the maximum occupancy of your cabin it will be considered a breach of contract and will result in immediate eviction with no refunds or rebates.

6.  DIRECTIONS TO RENTAL PROPERTIES - Directions to your cabin will not be available by Agents until Agents have received the completed and signed Signature Page of the Cabin Rental Agreement/Contract.  If Guests choose to leave home without directions to our office, Agents cannot be held responsible for Guests being unable to find our office. No refunds will be offered.
7.  AGENCY DISCLOSURE - Backwoods Cabin RentalsŪ serves as the Agents and represents the owners of vacation properties in its rental program, and is acting at all times, in and for the best interest of the owners.
8.  LICENSEE OF OWNER - Guests are a licensee of the Owner and not a tenant; and that Guests are not acquiring any interest in the property.
9.  LISTING INFORMATION - Information regarding individual listings is believed accurate but cannot be guaranteed.
10. CONSTRUCTION AT NEARBY SITES - Guests acknowledge, understand, and agree that construction of new accommodations and attractions occur in resort areas. No refund will be offered for inconveniences due to but not limited to; construction, construction noise, road repair, and maintenance.
11.  RIGHT OF ENTRY - Guests acknowledge, understand, and agree that Agents reserve the right to enter property at anytime to investigate disturbances, check occupancy, check damages, make repairs, alterations, and improvements, as Agents deem necessary.
12.  MAINTENANCE - In case of a breakdown of any property equipment, guests shall notify Agents immediately to make the necessary repairs.  We can not guarantee; heat, air conditioning, electricity, water, any appliances, cable, satellite, television, telephones, electronics, gas logs, grills, etc. Every effort will be made to resolve the problem and Backwoods Cabin Rentals may elect to relocate Guests to a comparable property, if one is available.  No refunds or compensation will be given for failure of the above.  Should a repair person make a call to repair or replace a unit that is found to be in working order and the problem was due to Guests oversight, neglect or misuse, Guests agree that the repair call costs may be billed to the Guests credit card on file.

13.  CABLE/SATELLITE TV - Rental properties are individually owned and Agents cannot guarantee TV channel availability. Rental properties do not offer premium packages, i.e., Movie Channels, Sports Channels, Pay Per View, etc. Agents will not under any circumstance activate premium channels. No exceptions and no refund will be offered.
14.  GAS LOG FIREPLACES - Guests acknowledge, understand, and agree that gas log fireplaces are seasonal and are operational from September 30 through March 31.  No other items may be burned in gas log fireplace, including but not limited to; sticks, wood, charcoal, lava rocks, etc.  Guests agree that additional fees may be assessed, if any other item is burned in fireplace.  Guests further agree that no fire will be left unattended.
15.  WOOD BURNING FIREPLACES - Guests acknowledge, understand, and agree that wood burning fireplaces are seasonal and Agents will provide hardwood logs from September 30 through March 31.  No other item including but not limited to; charcoal, lava rocks, accelerants, etc. will be burned in wood log fireplaces. Guests agree that additional fees may be assessed, if any items, other than hardwood or duraflame type logs are burned in fireplace. Guests further agree that no fire will be left unattended.
16.  FIRE-PITS - If a property does not offer a firepit guests will not make one, doing so is considered damage and guests will be charged accordingly.  Guest agrees that no burning or smoldering fireplaces or firepits shall be left by guests, ever.  Firewood is provided September 30 - March 31.
17.  ITEMS LEFT BEHIND - Agents are not responsible for any items Guests leaves behind in cabin.  Agents are authorized to charge a fee of $25.00 plus shipping costs for the return of any items Guests leaves behind in cabin.

18.  HOT TUBS - Guests may not add ANY objects or chemicals to the hot tubs. Guests agrees that additional fees may be assessed, if hot tub has been compromised in such a manner that results in cleaning services being delayed. Hot tubs have been cleaned prior to Guests arrival.  Guests agree to pay an additional charge of $35.00, if Guests request an additional cleaning of hot tub during Guests’ stay.  Guests understand that hot tub usage is at their own risk and will not hold Agent or Property Owner responsible for any injury.  It is absolutely forbidden for children to be in the hot tub without a responsible adult.
19.  FURNISHING/FURNITURE - All furnishings/furniture in the cabin are in place as the owners wish them.  If furniture is rearranged from its original location, Guest agrees to return furniture to its original location. Additional fees may be assessed for failure to do so.
20. LONG DISTANCE TELEPHONE CALLS - Cabin telephones are toll restricted and do not permit long distance calls except for calling card calls, credit card calls, collect calls, valid third party calls, and emergency (911) calls.  Guests agree that any special feature calls including but not limited to; Call Return, Call Block, Call Forward that Guests activates will be billed to Guests credit card on file plus a $15 service charge per incidence.  As cell-phone coverage is very unreliable, bring a calling card.
21.  NON-SMOKING - NO EXCEPTIONS! - All cabins are non-smoking. Smoking outside the cabin is permitted with the appropriate ash containers. Guests agree to pay not less than $350 for odor abatement if they smoke in the cabin. If cigarette butts are left on the grounds, additional fees may be assessed.
22. ALCOHOL/DRUGS - Consumption of alcoholic beverages by persons under the legal age of twenty-one (21) is not allowed on rental properties.  Illegal drug use is strictly prohibited.
23. CONDUCT - Occupancy and use of premises shall not be such as to disturb or offend neighbors or residents, including but not limited to; parties, excessive speeding through neighborhoods, riding of Off Road Motorcycles/Dirt Bikes, excessive noise and/or obnoxious behavior, discharging of Firearms, BB/Pellet Guns, Paint Ball Guns, Potato Cannons, or Fireworks, etc. The Agents have the prerogative to terminate this Agreement/Contract and to demand that disruptive Guests vacate the premises, thereby forfeiting all monies to Agents. NO REFUND OR REBATES will be offered.

24. GRAVEL ROADS - Roads leading to most rental properties are dirt and gravel and mountainous and are sometimes bumpy, and guests are urged to plan accordingly. If guest is bringing a boat or other recreational watercraft, it is strongly advised to plan accordingly with the appropriate towing vehicle. Agents are not responsible for conditions of road or Guests’ inability to arrive at their cabin and no refunds will be offered.
25. PROPANE GRILLS - Properties with propane grills, are fueled by liquid propane, and under NO circumstances may Guests add charcoal or any derivative of charcoal, smoking chips/chunks to the propane grills.  Guests agree that if Guests add charcoal or any derivative of charcoal, smoking chips/chunks to a propane grill, Agents are authorized to charge Guests credit card additional fees for cleaning of grill.
26. BEAR - DEER - INSECTS - Guests are in the mountains and woods and depending upon the time of year may encounter Bear, Deer, Turkey, Ladybugs, Carpenter Bees, Wasps, Scorpions, Ticks, Ants, Chiggers, etc.  Guests are encouraged to dress accordingly and to bring insect repellent for outdoors activities. Guests should not under any circumstances feed the bears.
27.  DEPOSIT/CREDIT CARDS - Guests agree that Agents are authorized to charge their MasterCard or Visa on file for the initial deposit of fifty percent (50%).  Agents are authorized to charge the balance of the total charges to the MasterCard or Visa on file twenty one (21) days prior to Guests arrival date.
28. LOCK OUT - A lock out of Guests from cabin will result in a $25.00 service call during business hours.  Guests agree that a lock out after business hours will result in a locksmith being called and Guests credit card being charged accordingly.
29. KEY RETURN - Guests are responsible for the return of the property key.  If the property key is not returned to the Agents lock box upon check-out, Guests agree that Agents are authorized to charge the credit card on file for the costs of re-keying or replacing all of the locks and re-issuing new keys to owners, cleaning crews, and Agents.

30. PET POLICY - Guests acknowledge, understand, and agree that for Agents to continue its very lenient Pet Policy, the following items must be adhered to:
- Pets are not permitted in hot tub. Guests agree to additional charges for cleaning, if pet gets into the hot tub.
- Pets must be completely housebroken, well behaved, and pest free.
- Pets are not allowed on furniture.  Guests will be charged an additional cleaning fee if pet hair on furniture, causes a delay in cleaning services.
- Guests agree that they will not use any linens or towels on pets other than the pet towels provided by Agents or brought by Guests.
- Pets shall not be left uncrated and alone in cabin.
- Guests agree to pay for any damages caused by pets.
- If pets have an accident in cabin, all clean up will be performed by the Guests. Guests further agree to police waste from the grounds and deposit in outside garbage cans. Guests agree that failure to comply with clean-ups of either inside cabin or outside cabin will result in additional cleaning fees being assessed.
- Guests agree to be in full control of their pets at all times and take full responsibility for their pets well-being.  There are no leash laws, guests should plan accordingly.
31.  DAMAGES TO PROPERTY - Premises are to be left in clean, undamaged condition, and that Guests must follow check-in and check-out procedures, along with the pet policy. Properties have been cleaned and inspected prior to Guests arrival.  Guests agree to call Agents if any damages or defects are noticed.  Guests agree that by signing this Cabin Rental Agreement/Contract, Guests are authorizing Agents to charge Guests’ credit card on file for any damages, repairs, replacement, or special cleaning sustained for real or personal property.

32. CHECK-IN, CHECKOUT TIMES - NO EXCEPTIONS! - Check in time is anytime after 3:00 PM; checkout is anytime prior to 11:00 AM.  Keys and directions to your cabin will not be released, nor will the cabin be available until check in time of 3:00 PM.  Guests are not considered checked-out until the keys are returned to the drop box and additional rental fees may be assessed.
33. PARKING - Guest(s) acknowledges and understands that parking is limited to the driveway at the cabin they have rented and may not park in ANY other driveway. Violators are subject to having their vehicle(s) towed at guest(s) sole expense.
34. REFUSAL OF SERVICE - Agent reserves the right to refuse service to anyone.  All rental properties are leased without regard to race, color, religion, sex, national origin, or handicap.  Due to liability issues, Agent will be unable to provide prospective renters with directions or keys to preview properties.
35. TERMINATION BY OWNER/SUBSTITUTIONS - Agents strive to comply with all reservation requests for specific vacation properties.  However, due to ownership changes, properties being removed from rental use, mechanical problems, or other unforeseen circumstances, Agents cannot absolutely guarantee a specific property.  Agents reserve the right to change property unit assignment without liability should rental property become unavailable. Where comparable properties are not available, Guests will have the option of selecting from available properties at the published rate or receiving a complete refund.
36. EXPEDITED EVICTION - A material breach of this Agreement by Guests, which, in the sole determination of the Agents, results in damage to the Premises, personal injury to Guests or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of Guests tenancy.  Violation of any of the rules contained here in will result in IMMEDIATE EVICTION and forfeiture of rent and security deposit.  If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Cabins Act will apply.  Guest(s) may be evicted under such procedures if Guest(s): (i) hold over in possession after Guest(s) tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Guest(s) tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Premises by fraud or misrepresentation.

37.  DISPUTES - This Agreement/Contract shall be governed by and interpreted in accordance with the laws of the State of Georgia and be treated as though it were executed in the County of Gilmer, State of Georgia.  Any action relating to this Agreement/Contract shall be instituted and prosecuted only in the Gilmer County Superior Court, Georgia.  Guests specifically consent to such jurisdiction and to extraterritorial service of process.
38. INDEMNIFICATION AND HOLD HARMLESS - Guests acknowledge, understand, and agree that Guests shall be solely responsible for any property damage, accident or injury to any person or loss sustained by any person, including loss of money, jewelry, and other items of personal property, arising out of or in any way related to Guests use of the premises or the items of personal property provided by Backwoods Cabin RentalsŪ, the Owner or at Guests request.  Guests shall inspect and be familiar with proper use and application of such items prior to using them.  Guests hereby agree to INDEMNIFY and hold Backwoods Cabin RentalsŪ, employees, owners and officers; and/or Homeowners harmless from any and all claims including those of third parties, arising out of or in any way related to Guests use of premises or the items of personal property provided therein. Guests hereby agree to hold Backwoods Cabin RentalsŪ and/or homeowner, its Agents, employees and officers harmless and to indemnify same against any and all claims which may arise during and after the course of rental as a consequence of any acts or omissions of Backwoods Cabin RentalsŪ and/or cabin owner, its Agents, employees and officers. Guests assume the risk of injury or other losses relating to any recreational activities and will hold owner and its Agents harmless with respect thereto.

You will receive driving instructions to our office via e-mail along with your confirmation.  It is YOUR obligation to make sure you have those instructions before you leave home.

SIGNATURE PAGE

Guest’s Name:__________________________________________
Cabin Name:___________________________________________

# of Adults:____ # of Children:____ # of Pets:_____

Expected Arrival Date & Time - Date: _____________ Time:___________
Expected Departure Date & Time - Date:_____________ Time:__________

I have provided my credit card number as a guarantee.  I understand and agree to pay all rent and accept ALL terms of the lease Agreement/Contract, and accept ALL liability for any damages, beyond normal wear and tear, during the term of my lease with Backwoods Cabin RentalsŪ.  If I fail to do so, I understand and agree that these costs will be charged to my credit card and that ALL credit card sales are final.

Signature of Guest Responsible for Credit Card: 

__________________________________________________

__________________________________________________ Name (Please Print) Date

Names of all persons occupying the cabin:____________________________________
Number of vehicles at cabin: _____ Make /model:______________________________
Tag #s:_______________________________________________

Thank you for allowing us to host your stay in the beautiful North Georgia Mountains.

Backwoods Cabin Rentals (revision V, 08/22/06)

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