RENTAL AGREEMENT
1) TERM OF LEASE: The lease begins at 3:00 PM Central Time on the “Check-in Date” and ends at 10:00 AM Central Time on the “Check-out Date”.
2) RESERVATIONS: Reservations are not considered “guaranteed” until Owner receives this Agreement signed by the Lead Renter (which is defined as the rental applicant who applies to rent the Cottage) and accepts 100% of the Rental Rate. Upon receipt of this signed Agreement, confirmation of Guest’s reservation will be emailed to the Lead Renter. Lead Renter has the obligation to notify OWNER of any errors in the confirmation email within one (1) business day of receipt. Any reservation obtained under false pretense will be subject to forfeiture of rental money, and the party will not be permitted to check-in.
3) CANCELLATION: Guest acknowledges that late cancellations or early departures do not warrant any refunds of rent. Any request for cancellation request must be made in writing to Owner (Eddie@BestKeptSecretEscapes.com). Refunds on cancellations will be made as follows:
Guest who cancels at least 30 days before check-in will get back 100% of the amount they’ve paid. If guest cancels between 14 and 30 days before check-in, guest will get back 50%. Otherwise, guest will not receive a refund.
Guest must cancel by 11:59 PM on the cut-off day before check-in to receive a refund. All times are on US central time zone (CST).
4) PAYMENT: Payment is made via credit card – no checks, money orders or Paypal – through the vacation platforms (VRBO & Airbnb) or Owner’s website (www.BestKeptSecretEscapes.com). Owner accepts Visa or MasterCard. A Credit Card will be required on file for any damage or incidental charges as detailed in this Agreement.
5) GUESTS: Guest warrants that the Lead Renter is an adult, 25 years or older, and will be an occupant of the Cottage during the entire reserved period. A copy of the Lead Renter’s government-issued ID with picture is required and will be kept on file. Other occupants of the Cottage may be family members, friends or other responsible adults age 25 or older. THE NUMBER OF PERSONS PERMITTED TO OCCUPY AND USE THE COTTAGE IS STRICTLY LIMITED TO EIGHT (8) INDIVIDUALS AT ALL TIMES. GATHERINGS IN EXCESS OF THE EIGHT (8) INDIVIDUALS LISTED BELOW WILL REQUIRE ADVANCE PERMISSION OF THE OWNER. Exceeding a total occupancy of 8 persons will result either in immediate eviction without compensation or a $200 per guest per night charge at the full discretion of the Owner. “Actual occupancy” includes all persons irrespective of age, and regardless of whether they are day visitors or overnight visitors.
The Lead Renter will assume full responsibility for all members of the Rental Group (which is defined as all persons listed in this Agreement, as well as any invitees that were allowed into the Cottage without Owner’s permission) throughout the rental period. The Quiet Hours are between 10PM – 7AM every day. Always, and especially during Quiet Hours, please conduct your indoor and outdoor activities in a prudent and respectful manner that will not be disturbing to your neighbors.
6) SECURITY DEPOSIT: A security deposit of $500 is required, in trust, as security for the performance by Guest of the terms of this Agreement. Guest is responsible for any damages or breakage to the Cottage by anyone allowed to enter the Cottage during the rental period. Owner may elect to either deduct any damage from the Security Deposit or charge the credit card on file of the Lead Renter for any damage or breakage or excessive cleaning costs caused by Guest, Guests’ family, Guests’ invitees, agents and visitors (hereinafter collectively referred to as “Guest”) to the Cottage or furnishings of the Cottage during the rental period.
7) CLEANING: A cleaning fee of $200 plus tax will be charged to Guest. If unusual cleaning is necessary, there shall be an additional charge which shall be, at the election of the Owner, either deducted from the Security Deposit or charged to the Lead Renter’s credit card on file. Guest will be provided with copies of all additional charges with the refund of Guest’s security deposit, if any is remaining. Please follow the Check-Out Instructions to avoid additional cleaning charges for excessive cleaning due to abnormal wear and tear. Guests may be charged the cost to spot clean or completely clean rugs, comforters and sofas due to excessive spotting. The cleaning fee is intended as a one-time cleaning upon Guest’s departure. It is Guest’s responsibility to maintain the Cottage in a neat and clean condition throughout Guest’s stay. Some cleaning supplies have been provided for Guest’s use during their stay in the Cottage. Washer and dryer are also provided for Guest’s convenience. Guest will be charged extra for leaving excessive dirty laundry. It is also Guest’s responsibility to load all dirty dishes and silverware in dishwasher and start wash cycle. Guest will also remove the garbage prior to departure from the Cottage. Any excess cleaning charges will be charged to the credit card on file provided by the Lead Renter.
8) CHECK-IN PROCEDURE: Check-in time is 3:00 PM CST on the day of Guest’s scheduled arrival. No early check-ins, absent prior consent of Owner, will be allowed. One (1) day prior to scheduled arrival, Guest will be emailed by Owner important check-in instructions to include:
- Directions to our home
- A personal code for the keyless lock
- A link to our digital Welcome Book that includes important phone numbers, WiFi access, area guide, dining guide, house rules, necessities and conveniences, checkout instructions, etc.
9) CHECK-OUT PROCEDURE: Check-out time is 10:00 AM CST on the day of Guest’s scheduled departure. Any delay in check-out, absent prior consent of Owner, shall result in Guest being charged for another night’s stay.
It is imperative that all Guests follow these check-ins and out times. The code to the front door will expire at time of check-out. Early Check In or Late Check Out is usually NOT available and will incur additional charges. All changes to Check In or Check Out times must be approved in writing one week prior to arrival. If you do not vacate by check-out time, you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental and to remove all Guests and their personal property from the Property.
10) USE OF PREMISES: Guest shall only use the Cottage as a residence. Guest will comply with all laws, rules, ordinances, statutes and orders regarding the use of the Cottage. Prior to check in, Owner will provide an outline of the house rules (“House Rules”), which will also be in the “Welcome Book” at the Cottage and/or digital version. Guest and any invitees of Guest must comply with all of the House Rules. Failure to comply with the House Rules and/or any reservations made under false pretenses may result in loss of all of Guest’s payments made to Owner and possible removal of Guests from the Cottage, in addition to all other remedies available to Owner. If Guest violates any of the House Rules or conditions of this Agreement, Owner, or its agent, has the legal right to enter the Cottage and Guest hereby agrees to vacate the Cottage immediately upon the request of Owner and forfeit all rent.
11) CONDITION OF THE COTTAGE: Please complete an arrival inspection when you arrive and check in. All damage to the Property must be reported to Owner at Eddie@BestKeptSecretEscapes.com or by phone or text to (615) 948-4552 within 12 hours of discovering inoperable equipment, damage or after accidental damage occurs.
12) HEAT AND AIR CONDITIONING: When the air conditioning Cottage is operating; all windows and doors must be kept shut. This will assist Owner economically and increase electricity efficiency, but mainly this will reduce the intake of moisture in the warm air that creates dampness and mildew in the Cottage. AC should not be turned down below 68 degrees to assist in the total home cooling system or above 74 degrees.
13) SMOKING, VAPING, OPEN FLAME CANDLES PROHIBITED: Smoking is strictly prohibited inside the Cottage. If there is any tobacco smell in the Cottage or smoking-related litter found in the Cottage including balcony, patio and decks, there will be a $500 fee charged to the Lead Renter’s credit card, as well as any additional associated costs to rid the Cottage of smoke smell and damage.
14) PETS PROHIBITED: The Cottage does NOT allow pets and or other animals. If evidence of an animal policy violation is discovered after check out, Guest agrees that the Owner will charge up to a $500.00 fee to cover deep cleaning the Cottage to the Guest’s method of payment on file.
15) GARBAGE RULES: Guest will be required to deposit trash in the receptacles located outside to the right of the Cottage.
16) SECURITY MONITORING: Guest acknowledges Video Surveillance cameras are located on the exterior of the property. These cameras monitor the exterior of the home. Footage remains private and may be used for liability reasons and to monitor occupancy and other policies noted herein. It in no way infringes upon the expectation of privacy in these public areas. To disable or obscure the cameras is prohibited and may result in eviction without refund. THERE ARE NO CAMERAS INSIDE THE RESIDENCE.
17) REPAIRS: The Owner will make every reasonable effort to have any needed repairs made. However, due to Owner’s remote location and the distance for service repair providers in the area, Owner cannot guarantee the timing for repair. No refunds will be issued for malfunctioning equipment unless it poses a safety hazard, in which case a prorated refund will be given. Non-essential equipment and facilities are provided at the discretion of Owner. Owner takes no responsibility should any non-essential provisions breakdown or become unusable. Such equipment includes, but is not limited to: TV, VCRs or DVDs. While every attempt will be made to ensure that all advertised equipment and appliances are in working order at the commencement of Guest’s stay, no reduction of rent, rebate, or refund will be issued for a mechanical failure of heater, dishwasher, washer, dryer, TV, refrigerator or other appliances. Mechanical failure of essential property facilities such as water systems, plumbing and electrical systems, and major appliances such as stove or refrigerator, must be reported promptly to Owner at 615-948-4552. Owner will make every effort to immediately repair or replace such facilities.
If Guest refuses entry into the Cottage for inspection and repair of essential property facilities, no reduction of rent, rebate, or refund will be issued for a mechanical failure. If repairs/replacements are not possible, Owner will give Guest an appropriate refund for any inconvenience. This does not apply to system failures caused by misuse, such as plumbing blockages due to improper disposal of sanitary products or other abuse. If for any reason internet service goes out, Owner will do everything possible to have service restored. However, Owner does not guarantee the timing of restoring internet, satellite or cable service. No rent reimbursement shall be paid for loss of service.
18) ADDITIONAL CHARGES POSSIBLE: Guest agrees that the rent collected by Owner does not cover accidental or intentional physical damage to the Cottage caused by Guest or any items in the Cottage, including missing items, excess cleaning caused by dirt, cooking oil or smells, damage done by pets or parties, additional occupancy and/or sales taxes, sanitizing charges due to smoking or having pets while in the Cottage, or any damage which result from violations of this Agreement. To avoid extra charges, Guest should refrain from moving/relocating furnishing and houseware items to different locations within the Cottage. Relocation of furnishing/houseware items and disconnecting of TV/Stereo/Satellite cabling will result in an extra charge of $150.00 minimum. Guest grants Owner the right to bill any such additional charges to the credit card number provided by the Lead Renter.
19) AMENITIES PROVIDED: The Cottage is fully furnished and the kitchen is fully equipped. The Cottage is also equipped with an ample supply of linens, towels, dinnerware, tableware, glassware, cookware, and cooking utensils. Owner provides a starter supply of paper towels, soap goods for the bath, kitchen and laundry, and trash bags for Guest’s use during the stay. Guest must provide all food items and condiments.
20) LOCKED AREAS: Areas that are locked, such as Owner’s personal storage spaces, for which Guest is not provided a key, are off limits to Guest. Any attempt to enter locked areas is cause for immediate termination of this Agreement, forfeiture of all monies paid, and Guest will be liable for any damage and/or missing items.
21) FIRE DECK: Children under 18 MUST be accompanied and supervised by an adult and cannot be left alone on the deck. Under no circumstances can anyone under 21 operate the fire table. Also, please remember to replace the cover after it has cooled down. The fire table is designed for ambience and not for roasting hotdogs or any other “grillable” food. Turn gas on/ off at the propane tank before and after use.
22) LEFT, LOST, STOLEN ITEMS: Owner. is not liable for any lost, missing or stolen personal property items during your stay. We will help Guests recover items if possible. If items were left in the Cottage and are found after your departure, every effort will be made to return the items to you. Guest agrees that personal property left in the Cottage after departure shall be deemed abandoned if good faith attempts to arrange to return it fail after 30 days from your departure date.
23) EVIDENCE OF A PARTY: If there is any evidence of a party held at the Cottage, any excessive noise by Guest music, or illegal activity, Guest will be asked to vacate the Cottage, no refund will be given, and a fee of $500 will be charged to the Lead Renter’s credit card on file. This fee is in addition to any additional cleaning, replacement cost of broken items, and repairs needed resulting from violation of this policy.
It is the duty of each Guest to read and review the House Rules upon arrival to ensure that all regulations are followed. An overview of these rules will be sent to Guest prior to arrival, and a list of the House Rules can also be found in the Welcome Book.
24) RIGHT OF ENTRY: Owner, or its representative, shall have the right to enter the Cottage at reasonable hours for the purpose of making repairs and/or inspections. Notice to Guest will be provided by Owner, or its property manager or representative, when we will enter the Property to the extent reasonable under the circumstances. If access is needed for emergency purposes, Owner or Owner’s representatives shall have the right to access the Cottage immediately.
25) HOUSE RULES: A copy of the House Rules will be provided to Guest with the access code information prior to check-in. Any violation of House Rules will be taken out of the Guest’s security deposit or charged to the Lead Renter’s credit card on file, at Owner’s election.
26) WEATHER/ACTS OF GOD: Owner is 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. Owner is not responsible or liable nor deemed in default of this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God. There are no refunds for floods, earthquakes, wildfires, storms or weather conditions, or business “shut-down” orders by state or county health officers even if a mandatory evacuation is ordered. Without trip insurance, Guest assumes the risk of any such acts of God.
27) REMOVAL OF GUESTS: Guest agrees that Owner has the right to remove Guest & Guest’s party for breach of this Agreement or for violation of House Rules, and Guest waives any statutory right to a refund if so removed. Owner reserves the right to cancel or rescind any rental agreement if it is found that the Guest and/or Guest Invitees are conducting unlawful activities, causing damage to the Cottage or the Resort, not abiding by the Cottage’s House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about their age, the nature or size of the group or use of the group or the use of the Cottage or any other misrepresentations or any other way in breach of the rental agreement.
28) ACKNOWLEDGEMENT OF INHERENT RISKS: Guest acknowledges the Cottage may have features, amenities, and conditions that are unfamiliar to you and other guests you invite to the Cottage. Guest further acknowledges that use of the Cottage and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, docks, stairways, porches, balconies, lake, fire table, cliffs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. Guest agrees that, by using the Cottage or its amenities, guest voluntarily and willfully assumes those risks and assume full responsibility for the choices guest makes before, during and after guests use of the Cottage and its amenities.
29) HOLD HARMLESS: Owner expresses no guarantees, express or implied, regarding suitability or fitability for any particular purpose. It is Guest’s responsibility to immediately notify Owner of any issues that they incur during their stay so that the repair and/or replacement may be promptly taken care of. Owner is not responsible for any inconveniences for which Owner has no immediate control. Owner shall not be held liable, or otherwise take any responsibility, for any injuries that may occur to Guest, and/or Guest’s visitors or invitees, that is caused or permitted to be caused by the intentional, unintentional, negligent, or careless acts of said Guests, and/or Guest’s invitees or visitors.
By the written or electronic endorsement of this Agreement, Guest agrees to forever hold-harmless and indemnify Owner from any liability and/or responsibility for any liabilities, theft, damage, personal injury, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest or Guest’s invitees’ and visitors’ use and occupancy of the Cottage or the failure of Guest or Guest’s invitees or visitors to observe the House Rules.
30) LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST, GUEST INVITEES, GUEST VISITORS OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE COTTAGE. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY GUEST IN CONNECTION WITH THIS AGREEMENT EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
31) REMEDIES IN EVENT OF DEFAULT: In the event of default of this Agreement, and in addition to other rights and remedies Owner may have at law, Owner shall have the option to immediately re-enter and remove all persons and property from the Cottage. In such instances, this Agreement will be terminated and Owner shall be entitled to recover all damage allowable by law. Guest, as part of the considerations of this special rental, in recognition that this Cottage is booked in advance by other guests throughout the year, hereby waives all claims for damages that might be caused by Owner re-entry and taking possession of the Cottage or removing or storing property and will hold Owner harmless from any loss, costs and damages. Further, if for any reason, Owner is unable to deliver possession of the Cottage to Guest at the commencement of the rental term, Owner shall refund amounts paid by Guest but shall not be liable for any other damages caused thereby.
32) GOVERNING LAW: This Agreement and all transactions contemplated by this Agreement will be governed by the laws of the State of Tennessee. Any dispute arising from this Agreement shall be resolved through meditation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
33) AMENDMENTS: This Agreement may be amended or modified only by a written agreement signed by both Owner and Lead Renter.
34) NO WAIVER: Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
35) ENTIRE AGREEMENT: THIS AGREEMENT COMBINED WITH ANY AND ALL COMMUNITY AND HOUSE RULES AND REGULATIONS (IF APPLICABLE) SERVES AS THE ENTIRE AGREEMENT. NO ADDITIONAL PROVISIONS ARE EXPRESSED NOR IMPLIED. THIS AGREEMENT SUPERCEDES ANY AN ALL PREVIOUS ORAL AND/OR WRITTEN, EXPRESS AND/OR IMPLIED AGREEMENTS. UPON WRITTEN OR ELECTRONIC ENDORSEMENT, GUESTS AGREE THAT THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND ACCEPT ALL TERMS, CONDITIONS, COVENANTS AND RESTRICTIONS, WITHOUT EXCEPTION.