SHORT TERM RENTAL AGREEMENT | RULES AND REGULATIONS-TERMS OF SERVICE 1. ARRIVAL time is 4:00 pm EST | DEPARTURE time is 11:00 am EST: If the unit is ready before 4:00 pm EST, you may be allowed to check in early. You will be sent a message through your booking agency indicating that housekeeping is complete and check-in is available. Because we need ample time to prepare the unit for the next rental, a later check-out is not permitted and will be charged at a rate of $50 for each hour past 2pm EST. Additional penalties may include, without limitation, additional daily or nightly rental fees and/or loss of revenue incurred by Agent due to the Rental Property not being available for the next group of tenants. We do ask that if you plan to leave prior to your scheduled departure date, that you mark yourself as checked out via your booking site or message us. 2. NO SMOKING unit: SMOKING IS STRICTLY FORBIDDEN IN, OR WITHIN 25 FEET OF, THE RENTAL PROPERTY. Tenants must also comply with any and all smoking restrictions in or around the Common Areas or Common Facilities. Evidence of smoking in or near the Rental Property will result in immediate eviction, forfeiture of all amounts paid and will result in additional cleaning fees being charged to the Security Deposit Credit Card(s). 3. PETS: PETS ARE ABSOLUTELY PROHIBITED IN THE RENTAL PROPERTY UNLESS OTHERWISE APPROVED BY AGENT IN ADVANCE AND IN WRITING. Any evidence of pets in the Rental Property may result in immediate eviction, forfeiture of all amounts paid, and additional cleaning fees being charged to the Security Deposit Credit Card(s). 4. USE RESTRICTIONS: Property is not to be used for parties in or around the rental property, or in any common areas or facilities, or for gatherings beyond the registered number of guests. Primary Tenant must be at least 25 years old. Agent may require proof of Primary Tenants’ age as demonstrated by a valid driver’s license, passport or other government-issued photo identification. If Agent discovers that the Primary Tenant fails to meet this minimum age requirement, Agent may immediately evict all Tenants and the guests of any Tenant, and all payments made by any Primary Tenant will be immediately forfeited. The person(s) signing the contract must be present during the rental period. 5. EXCESSIVE NOISE: The Rental Property is located adjacent to other rental units. Quiet time is from 10:00 pm until 8:00 am EST. Tenants agree not to undertake any activities that interfere with their neighbors' right to quiet enjoyment of the property. Tenants agree to fully comply with local noise regulations and to use common sense in keeping noise volume low after dark. Any enforcement actions by local law enforcement are at the Tenants’ sole risk and expense and may result in additional charges or immediate eviction without refund of any deposits or rents. 6. ARRIVAL CONDITION: The room/suite is inspected for cleanliness before your arrival. Please report anything that is not in acceptable condition within one hour of your arrival. Anything not reported in that time frame will be deemed acceptable. 7. NO SHOWS: Guests that do not arrive by 6am the day after their scheduled check-in will be considered a "no show" guest and their reservation will be terminated and no refund will be given. 8. CANCELLATIONS: A cancellations prior to 10 days before the day of check-in can receive a 100% return of deposit, minus any transaction fees that are not refundable. Notice of cancellations must happen in writing to info@mmecoretreat.com by 11:59pm 10 days prior to the day of check-in. Cancellations that occur between 3-10 days prior to the day of check-in must pay for the first night's stay, but the remaining balance can be refunded, minus any transaction fees that are non-refundable. Cancellations that occur with two days or less notice prior to the day of check-in are non-refundable. 9. PAYMENTS: Rates are subject to change until a reservation is confirmed. An auto summary of the total payment due for your stay is provided as part of the reservation request. The total may change based on the selection or deselection of insurances, deposits and/or optional fees, discounts or services. A confirmed total will be emailed to you once the reservation is accepted. An ADVANCE PAYMENT equal to the entire rental agreement plus tax is required to reserve the rental. The advance payment is not a damage/security deposit. If we're unable to process your payment we will cancel your reservation. All payments must be made in U.S. Funds. 11. MAXIMUM OCCUPANCY: Advertised maximum occupancy of the chosen rental unit must be strictly adhered to. If maximum occupancy is exceeded, you may be asked to vacate the property and forfeit any rental payments. 12. ASSIGNMENT OR SUBLETTING: Renter will not assign this agreement or sublet any portion of the property. 13. MINIMUM STAY: Certain dates may require minimum stays during some rental periods. 15. NO DAILY MAID SERVICE: Linens and bath towels are included in the unit but daily maid service is not included in the rental rate. 16. MAINTENANCE AND DAMAGE: We strive to ensure that all facilities are in good repair and everything is in working order, however, there may be an occasion when an amenity is unavailable, is out of order, or breaks down during occupancy. We will do our best to make repairs or replacements, but if neither is reasonably possible due to time or availability of parts or service, we can not guarantee these items and will not make refunds based on malfunctions or circumstances beyond our control. 17. ENTRY, INSPECTION or EVICTION: Owner/Manager will have the right to enter the premises (a) incase of an emergency, (b) to make necessary or agreed repairs, alterations, improvements, supply necessary or agreed services, show the premises to prospective or actual buyers, tenants, workers or contractors, (c) when renter has abandoned or left the premises or (d) when eviction is necessary due to breach of contract. In the case of (b), entry may only be made during normal business hours and with prior notice to the renter. In the case of (d), ALL tenants and guests of tenants must vacate the rental property within 60 minutes of the agent’s arrival to notify of eviction. If tenant or guests are present when agent arrives, up to 60 minutes will be allotted to immediately remove all personal property and exit the rental property. If tenant or guests are not present or personal property is not removed within 60 minutes, the agent will photograph, inventory and store said property. Charges in excess of the eviction fee may apply if items are required to be removed by the agent. The primary tenant must claim any stored personal property within 30 days. If not claimed, the personal property will be sold or donated. 18. SPECIAL EVENTS and HOLIDAY/PARTY DECORATIONS: Holiday and/or party decorations may be present for special occasions and special events happening on the property. Retreats, events, weddings, conferences and other special events may take place on the property during tenant's stay. No refunds of rent or deposit will be made because due to such events taking place during tenant's stay, or due to preparation or clean-up of such events that happen during tenant's stay. 19. UNAVAILABLE FACILITIES: Owners have locked and unlocked closets, rooms, buildings, barns and other structures for their personal possessions, for occupancy by other leasing agreements, and extras for the rental properties. These areas are private and are not to be opened by tenants or guests under any circumstances. Tenants will only visit facilities that are currently open. Spaces not available to tenants include buildings and/or areas closed due to special event, areas such as RV sites and campsites that are rentable by other guests, areas closed due to health considerations (such as Covid-19), or closures due to repairs/maintenance, or areas closed at the discretion of the owner/manager. Facilities sometimes open to tenants include the Main Lodge, Market, tenant rental room(s), hot tub deck, grilling areas, hiking areas and open spaces. 20. PARKING: Tenant is expected to be aware of, and fully comply with, such parking rules, regulations or policies. Tenant is advised not to park any trailers at or near the Rental Property without Agent’s prior written permission. Neither the Agent nor the Owner of the rental property shall assume any liability or responsibility for any damage or costs incurred by any tenant as the result of any vehicle or trailer being parked at or near the rental property or being towed. 21. RATE CHANGES: Until a reservation is accepted and advance deposit is received to reserve a rental period, rates are subject to change without notice. 22. FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in. 23. STORM POLICY/ROAD CONDITIONS: No refunds will be given for storms. If your vacation is during the winter months, please come prepared to drive in snow and/or ice to reach your rental property. We do not refund due to road conditions. 24. WINTER CONDITIONS: Tenants are notified that this home is in a mountain location where winter conditions may apply. Walkways, driveways, sidewalks, stairs, etc… may be slippery due to rain, sleet, ice and snow. These areas may be slippery even when they do not appear to be. It is advised that caution be used. Please step carefully on all outdoor surfaces. It is further advised that shoes be removed upon entering the home as wet or icy soles can cause slippery conditions on tile or wood floors inside the rental. 25. Renters agree to abide by all rules and regulations. Parts of the property have a video surveillance system to monitor all activity. Renter will be responsible to pay for all repair costs associated with damages caused by them or by their guests. The Rental Property (and/or the Common Areas or Common Facilities) may include certain “Special Amenities” such as private or shared-use lodge, market, decks, saunas, etc. These Special Amenities are considered luxury amenities and are not guaranteed to be available or functioning during Tenants’ stay. Tenants, and the guest of any Tenant, must comply with any rules and regulations governing the use of Special Amenities (i.e. hours of use, noise restrictions, maximum number of users, consumption of food, use of glass containers, etc.). Violation of such rules and regulations may result in Tenants being banned from further use of the Special Amenities. 27. INDEMNIFICATION: Guest agrees to indemnify Owner and Owner’s Agent and save Owner and Owner’s Agent from and against any and all claims, actions, damages, liabilities and expenses, including reasonable attorney’s fees in connection with the loss of life, personal injury and/or damage to the property arising from or out of any occurrence in, upon, or about the premises, occasioned by an act or omission by Owner, Owner’s Agent, Guest or other occupants. OWNER and OWNER’S AGENT SHALL HAVE NO LIABILITY FOR DAMAGES OR INJURY to Guest or Guests: It is expressly understood and agreed that Owner and Owner’s Agent will not be liable for any damages or injury to Guest or other occupants and their property from whatever cause arising from the occupancy of said premises, both inside and outside of the rental unit, whether on the property, in the shared spaces or elsewhere.THE SUPERVISION AND SAFETY OF ALL CHILDREN ARE THE DIRECT RESPONSIBILITY OF GUEST OR PARENTS, OR CARETAKERS OF ANY CHILDREN ON THE PREMISES, including but not limited to decks, stream and pond areas, horse and barn areas, loft area, bridges, hot tubs, saunas, and any and all other activities on the premises. Guest specifically accepts ALL liability for use of bunk beds on the property and understands that Owner and Owner’s Agent shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said bunk beds, decks, streams, ponds, koi ponds, etc. Guest accepts said liability by voluntary use of said bunk beds, resort amenities and land features. 28. NO ILLEGAL ACTS: Renter will comply with all statutes, ordinances, and requirements of all municipal, state and federal authorities and all property rules and regulations regarding the use of the property. The rental property shall be treated with respect and consideration. Please be aware that some neighbors on the property are renters and some are permanent residents. We ask that the peace and privacy of any of the neighbors to this home be respected at all times. Any violations of the above stated policy could result in eviction from the premises without notice and without refund of any deposits or rents. Any evidence of illegal activity will result in a minimum $500 fine. 29. WAIVER: Failure of Owner/Manager to enforce any provision of this agreement will not be deemed a waiver. 30. LEGAL: This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina. In any action or proceeding involving a dispute between owner and renter arising from this agreement, the prevailing party will be entitled to reasonable attorney fees and costs incurred. 31. CREDIT CARD: Any Tenant or intended Tenant who provides any credit card information to Mount Mitchell Eco Retreat, LLC, is doing so as a guarantee of payment of all or any portion of the Rental Fees and each such Tenant accepts all terms of this Agreement and accepts complete liability for the payment of any Rental Fees (including, without limitation, any costs, fees, expenses, charges or penalties related to the rental, occupancy and/or use of the Rental Property as set forth in this Agreement), as well as any damage (not covered under the accidental damage policy) during any Tenant’s occupancy and use of the Rental Property. Each Tenant providing his or her credit card understands that these Rental Fees will be charged to their credit card and hereby authorizes Agent to charge their credit card for payment of any such Rental Fees. 32. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only in writing and signed by all parties. Each section, subsection or paragraph of this Agreement shall be deemed severable. If for any reason any portion of this Agreement is unenforceable, that portion shall not affect the applicability or validity of any other portion of this Agreement. This agreement and any modifications, including photocopies or facsimiles, may be signed in one or more counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument. If there is more than one renter, all renters are jointly and severally liable under this rental agreement. By placing a reservation, ALL terms and conditions of this agreement are deemed accepted and receipt of the information herein acknowledged.