This agreement is between the renter (also referred to as Guest, Guest(s), Guests, you, your) and Alex H. (also referred to as Owner, us, we), regarding the vacation rental known as Bear Pause Cabin (also referred to as property, cabin, premises) located in Sevier County, Tennessee. The rental period shall begin at 4:00 PM on the day the reservation commences and end at 10:00 AM on the day the reservation ends (as outlined by the AirBnB online booking system). Guest’s booking request on the AirBnB online booking system, and/or payment of money or taking possession of the property after receipt of this agreement is evidence of your acceptance of this agreement and your intent to use the property solely for a short-term vacation rental. PROPERTY: Property is privately owned, including linens and furnishings. Guests are responsible for any damage, abuse, excessive cleanup requirements, moved furniture or loss to the accommodation or its contents during occupancy. Guests agree to compensate the Owner for any damages caused by their carelessness or negligence. Housekeeper walks through the property after check-out to ensure that it is left in good order. RENTAL ACKNOWLEDGMENT: Guest acknowledges and understands that he/she is a licensee of the Owner and not a tenant, that he/she is not acquiring any interest in the property, that this agreement is for transient occupancy of the property, that Guest does not intend to make the property a residence or household, and has no rights to renewal or for recurring usage. Guest shall not sublet the property in whole or part. It is understood that Bear Foot Cabin is privately owned including all furnishings. FALSE PRETENSES AND COMMUNICATION: It is a crime to obtain this rental property under false pretenses. Reservations made under false pretenses will be deemed canceled by Guest and Guest and everyone in their party will be denied entry to the property. If Guest is already checked in, your stay will be terminated, and you will be required to vacate the property immediately. No refund of any kind will be given under such circumstances. Communication about a reservation, even after departure, must only be with the Guest of record and the Owner. OWNER ACCESS TO THE PROPERTY: Owner, their representatives, or vendors may need to enter the property to conduct regularly scheduled services such as trash removal, pest control, landscaping, hot tub maintenance, or HVAC maintenance. Owner will make every attempt to schedule services between renters and to contact the Guest prior to any entry. It is agreed that Owner or their representatives may enter the property for the purposes of inspection, effecting necessary repairs and/or maintenance or for other necessary purposes. All reasonable efforts will be made to handle maintenance emergencies; however, no guarantee can be made that such problems can be resolved immediately. Neither the Owner nor the representative is responsible for articles lost, stolen or left at the house. Guest agrees that in an emergency, Owner or Owner’s representative may enter the property at any time without securing prior permission from Guest. Guest hereby acknowledges and grants specific permission to Owner or Owner’s representatives to enter premises at any time should adverse or illegal activities be suspected. PROPERTY SUPPLIES: Owner will provide a starter supply of dish soap, hand soap, dishwasher detergent, toilet paper, trash bags and paper towels. The property is supplied with linens and towels as well as kitchenware and utensils. All linens, towels, kitchenware, game systems, and utensils are inventoried upon checkout. OCCUPANCY AND USE: Occupancy and use of property shall not be such so as to disturb or offend neighbors or residents. If a disruptive party or situation develops, all guests will be asked to leave immediately without refund of payments or deposits. The minimum age to reserve the cabin is 25. No third-party bookings allowed. Primary renter must occupy property for duration of rental period. Owner requires an adult over age 25 be present at the property at all times with anyone under age 18. Guest will be held responsible for any violation of this agreement, listed policies, ordinances, rules and regulations, and for any losses incurred by Owner due to negligence, vandalism or willful and wanton conduct by any and all party(ies) or guests. Under no circumstances are fraternities, sororities, weddings, bachelor/bachelorette events, receptions, parties or school groups allowed on the property. Owner is not responsible for any of Guest’s personal items left at the property. Owner is not responsible for accident or injury to Guest or Guest’s Party or for loss of money, jewelry, or valuables of any kind. Guest understands they are solely responsible for any property damage, theft, accident, injury to any person(s) or loss sustained by any person(s) arising out of or in any way related to Guest’s use of the property and/or the items of personal property provided by Owner. Guests and Guest’s Party shall inspect and be familiar with proper use of items in the home prior to using them. Any questions on the proper use of items shall be directed to Owner. Guest agrees that any member of Guest’s Party who is found using (or allowing others to use) drugs, fireworks, or firearms (including BB or Airsoft type guns) on the property will be immediately denied continued occupancy and will forfeit their deposit and rent monies. NO illegal activities by Guest, Guest’s Party, or anyone admitted by Guest(s) are allowed on the property, whether inside the cabin, on the grounds, or adjoining public right of way. Guest will be fully responsible and liable for any illegal activity. MAXIMUM OCCUPANCY: Local fire codes and insurance considerations limit occupancy at Bear Pause Cabin to no more than 14 occupants, which includes all adults and children. A maximum of four (4) daytime guests are allowed and at no time shall more than 10 overnight guests occupy the cabin. Guest agrees and affirms that under no circumstances shall the property be occupied by more than 14 at any time during your stay. The number of vehicles parked on the property is limited to 4. Should the Owner or Agent have any reason to believe that a group has misrepresented itself or that the property is being ill-used, they have the prerogative to terminate this agreement and ask all Guests to vacate the property. No refund will be given for the time remaining in the reservation. Over-occupancy is a violation of this rental agreement and will result in eviction and forfeiture of all rent and the applicable damage deposit. ANIMAL POLICY: Guests are NOT permitted to have pets/animals on the property at any time. Anyone found to have an animal will be asked to leave immediately and will forfeit all monies paid along with applicable damage deposit and a $500 fine. If evidence of an animal’s presence is discovered after Guest vacates property, the applicable damage deposit will be retained by Owner and a $500 fine will be charged to Guest. RATES: Rates and cleaning fee do NOT include daily maid service, paper products, soaps, laundry, Guest-requested hot tub cleanings, excessive departure cleaning required due to Guest activities (for example: significant trash removal, upholstery or rug shampooing, cleaning of dirty dishes), sales/lodging/accommodations taxes and administrative/insurance fees. All rates are subject to change. EXTERIOR CAMERAS: Guest acknowledges/consents to the presence of exterior surveillance devices which monitor the front porch and parking areas. There are no devices inside the cabin. Any tampering with, disabling, blocking, or disconnecting the devices will result in immediate eviction from the property. WATER AND SEPTIC: Guest acknowledges that Bear Foot Cabin uses a septic system. DO NOT flush anything down toilets other than toilet tissue. DO NOT dispose of any grease, food, coffee grounds, etc. in sinks. In the event of damage resulting from Guest’s or Guest’s Party’s misuse, charges for repairs to plumbing and/or septic system will be charged in full to Guest. SMOKING: Smoking is not permitted inside the property. This includes cigarettes, cigars, vape pens, hookah pens/pipes and all other types of smoking. Evidence of smoking will result in additional $500.00 fine to Guest as Excess Damage Cost for additional cleaning and will be charged against the credit card on file. DO NOT dispose of cigarette butts, ashes or any other smoking related items in driveway, grass, or brush – they are a fire hazard. DAMAGE/THEFT: Guest agrees to leave the property in a clean, undamaged condition. Guest expressly recognizes that any insurance for property damage or loss which the Owner may obtain on the property does not cover the personal property of Guest and/or Guest’s Party, and that Guest should purchase his/her own insurance for Guest’s Party and any invitees if such coverage is desired. Guest agrees to notify Owner immediately should any damage occur. Guest accepts full responsibility for all damages, whether unintentional, intentional or reckless damages caused by any member of Guest’s Party staying in or visiting the cabin. Theft is considered intentional damage, as are unauthorized entry into the Owner`s supply closet, or mechanical room. If Owner must pursue collection for any costs for theft and/or damage(s) in a court of law, reasonable attorney fees and court costs will be assessed to the Guest of record. Collection venue shall be a court of law in Sevier County, Tennessee. Owner Closets: There are labeled owners closets inside the property. This is a storage area for cleaning supplies and holiday decor and nothing of value is kept here. PLEASE NOTE: Guest will be fined $300 if either the lock or the door is broken or tampered with. Fireplace: Fireplace inside the property is equipped with gas logs, which must not be disturbed. Guest agrees that UNDER NO CIRCUMSTANCES will any guest un-install the logs, rearrange the logs, burn anything other than natural gas provided in the interior fireplace, or tamper with the interior fireplace. To do so may cause damage to the logs and may also allow poisonous carbon monoxide to leak into the property which could be harmful to your party or future guests. THIS IS A SAFETY ISSUE and any evidence of tampering will result in a fine. Never leave the fireplace on when you are not inside the property. Fireplace will be operable November through February. FURNISHINGS: Please do not relocate or rearrange furniture or furnishing during your stay, take any items outside that are part of the interior décor, or move any furnishings from one room to another. Loss of any items, as well as damage to any property or furnishings in excess of normal wear will be charged to Guest. Entertainment system wiring on all TV's are not to be tampered with in any way. The cabin description was correct at the time of listing, but subsequent Owner modifications and renter wear and tear may have resulted in changes. Although every effort has been made for accuracy, Owner is not responsible for errors, for property changes made by Owner, or for any conditions beyond Owner’s control upon arrival. In the case of jetted tubs, hot tubs, rockers, decks, gas and charcoal grills, fireplace, games, etc., the Guest agrees to use such at their own risk and to hold the Owner harmless from liability. Guest is not permitted to use charcoal except in designated approved area on driveway where charcoal grill is located. Owner furnishes outdoor charcoal grill. Charcoal, lighter, lighter fluid, etc. is not furnished by Owner. Grill Smart: Place cooled ashes in provided bucket, don't leave lighter fluid, charcoal, or matches on premises after your departure, and keep area clean. Under no circumstances is charcoal allowed on decks or porches or inside cabin. Charcoal cannot be used in gas grills. Use of charcoal in undesignated areas will cause the Guest to be held responsible for any and all damages. WEAPONS AND DRUGS: Drugs, fireworks, firearms and other weapons are prohibited on the property unless carried/held lawfully with proper prescriptions/permits/other legal documentation. Any fireworks, drugs, and/or weapons found will be reported to local law enforcement, who will recover such items and take possession. Any and all damage resulting from the discharge or use of drugs, firearms, weapons or fireworks will be the full responsibility of the Guest of record, and damages will be charged to the credit card on file. MALFUNCTIONS: As with any home, it is not possible to guarantee that utilities, appliances or amenities will not malfunction. Should a problem arise, we will make every effort to correct it as soon as possible. Non-emergency issues will be handled during normal business hours. Repair, cleaning and maintenance problems must be brought to Owner's attention within 4 hours of occupancy or occurrence or Guest will be held liable for all such damages or repairs. Simply notifying the Owner of a problem during the 4-hour period does not entitle the Guest to any refunds whatsoever, nor the right to terminate this agreement. UNFORESEEN PROPERTY EMERGENCIES: Should the house become unavailable due to maintenance reasons, Guest will be refunded the rent for such period of time that the occupancy is prohibited, prorated on a per diem basis commencing on the date they were forced to vacate and calculated to the date on which they were able to re-occupy the property of the end of the rental period, whichever comes first. HOT TUB: Guest has been informed and understands that property may have a hot tub on the premises. Guest agrees to assume sole responsibility for the safe and proper usage thereof and sole responsibility for the safety of all occupants of the property and Guests. Guest shall use the hot tub in a careful and proper manner and shall agree not to permit the hot tub to be operated or used in any careless or illegal way. Guest further agrees to maintain a proper water level in hot tub so as not to damage the tub or its mechanical operation. (Guest acknowledges it is the responsibility of Guest and Guest’s Party to maintain a proper water level in the hot tub so that, whether occupied or empty, water is always at a minimum of one (1) inch above the top of intake filter and all jets.) Guest, and their guests, SHALL NOT raise the temperature setting of the hot tub above 104° Fahrenheit. Due to time required to heat water after cleaning, Owner does not guarantee hot tub temperature at time of Guest’s arrival and no refunds will be issued if hot tub has not had enough time to reach the desired temperature setting. IMPORTANT HOT TUB SAFETY INSTRUCTIONS: DANGER - Risk of Electric Shock. Do not permit any electrical appliance, such as a light, telephone, radio, or television within 15 feet of the hot tub. WARNINGS 1) Persons using any medication or anyone with a medical condition should consult a physician before using the hot tub. Pregnant women and women who may possibly be pregnant, should not use the hot tub. Individuals using medications should consult their physician before using the hot tub. 2) Water temperatures below 100° Fahrenheit are recommended for children. 3) If there are any problems with the hot tub, including any mechanical, electrical or chemical, please call the Owner immediately and DO NOT enter the hot tub. Never use the hot tub when alone. 4) Minors are not permitted to use the hot tub at any time without the direct supervision of an adult. 5) Do not stay in the hot tub for extended periods of time. Set reasonable time limits (10 minutes is recommended for adults, 5 minutes maximum for children at a temperature lower than 100). 6) The hot tub must always be covered when not in use. 7) Read and follow all safety instructions and/or signs posted in the cabin and around the hot tub area. Exercise caution when entering or leaving the hot tub. NEVER use any soaps, oils, or fragrance of any type in the hot tub. This could cause damage to the equipment and affect the chemical balance of the hot tub, leading to a less enjoyable environment and a possible dangerous situation. Never remove the floating chemical dispenser from the hot tub. This must remain in constant contact with the water. Always shower before using the hot tub. 8) Absolutely no glass allowed within 10 feet of hot tub. Owner must be notified immediately of any broken glass in or around the hot tub. Hot tub is inspected after each rental. If any items such as soaps, bath products, food, alcohol, etc. are found in the tub, the Guest will be charged a cleaning fee of $150.00. Damage to the cover will result in a $450.00 charge to Guest. Guest authorizes Owner to charge the credit card on file or collect from Guest for any of the above charges. Guest is not to drain hot tub as this may permanently damage the tub. Additional fees may apply, up to and including the purchase of a new hot tub. Owner assumes no responsibility for any occurrence associated with hot tub usage. JETTED TUBS: There are two jetted jacuzzi tubs at Bear Foot Cabin. UNDER NO CIRCUMSTANCES SHOULD CHILDREN BE LEFT UNATTENDED IN A TUB. The suction power in the tub when the jets are on can be hazardous. NEVER allow anyone to submerge their head under water or insert fingers, toes, or other body parts in the jets. Guest and Guest’s Party agree that use of the jetted tubs is at their own risk and hold Owner harmless. POOL USAGE: Bear Pause Cabin Guests have access to resort pool. Their facilities are available to Guest during normal operating hours. Guest and Guest’s Party use the facilities at their own risk. Cabin Owner is in no way responsible to correct defects at these facilities and Guest agrees to hold Owner harmless from any and all claims arising from Guest’s use of Pool. INSECTS, ANIMALS, RODENTS: No rental adjustments or refunds will be made as a result of insect, reptile, animal or rodent conditions. Guest understands that they are visiting the mountains. The most common things you may see are bear, bobcats, deer, raccoon, squirrel, skunks, lizards (skinks), snakes, millipedes, centipedes, ladybugs, scorpions and carpenter bees. Guest understands that they should NEVER approach bears or other wild animals. If at any time insects or rodents become a nuisance please notify Owner. Guest agrees to indemnify and hold harmless Owner against all loss, damage, expense and penalty arising from any action of the Guest or Guest's Party which causes injury or death to any person or damage to any property by insect, reptile, animal or rodent. REMINDER: Bears can open doors, including car doors. Keep the cabin locked. Lock your vehicles and keep car windows closed. Do not store food in your vehicle as it may attract bears or other animals. Cabins are treated monthly by a professional pest control service however it does not eliminate all pests. At certain times of the year we experience high volumes of a beetle which looks like a lady bug. They are harmless and just sometimes considered a nuisance. INTERNET: Internet access is an amenity provided by outside services, and not within Owner’s control. Guest understands and agrees that there are circumstances beyond the control of Owner when there is a malfunction and that no recourse or action can be brought against Owner for these circumstances. The Guest and all those in Guest’s Party agree not to use this service in a manner prohibited by any federal or state law or regulation. Transmission of any material in violation of federal or state law or regulation, or any conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited. Owner will fully cooperate with any law enforcement investigation into illegal internet usage. All content accessed or received by Guest and Guest’s Party is at his/her own risk. The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000. ROADS, ACCESS, UTILITY OUTAGES: Owner will not be responsible for the failing of any other company services due to said company’s error or service interruption (i.e. electricity, cable, water, gas, etc.) However, Owner will take necessary steps to remedy any issue in the shortest time possible. Owner is under no obligation to provide any form of transportation to or from the cabin. Roads to the cabin are controlled by local authorities and Owner has no control over or responsibility for the condition or maintenance of these roads. No refund will be given because Guest or Guest’s Party decide they are not comfortable driving the road(s) to the cabin. If the cabin cannot be accessed due to snow, ice, fire, weather related events or acts of God, Owner will not be held responsible and no refunds will be given due to these issues. These are events over which Owner has no control. During the winter season the Guest should consider using a 4-wheel drive vehicle, snow tires and/or chains. Owner will not reimburse for travel expenses related to snow, ice, fire, weather related events or acts of God. We do not provide towing, snow plowing or snow removal services. No refunds will be given due to weather conditions, late arrivals, early departures, Guest’s fear of driving in the mountains, or power outages. Please keep that in mind and plan accordingly. Travel Insurance including trip cancellation coverage is strongly recommended. Guest is responsible for transportation to and from the cabin and while in residence. CHECK IN / CHECK OUT: Guest understands and agrees that check in time begins at 4:00 p.m. local time on the day the reservation begins (Cabin is in the Eastern Time Zone - EST). Every effort is made to have the cabin prepared for check-in at that time, but access to the property is given only after the home has been cleaned. Check out time is no later than 10:00 a.m. local time on the day the reservation ends. Check-out instructions are posted in the cabin. Key codes will automatically expire at check-out time. An amount equal to one night’s stay (plus taxes) will be charged for late checkouts of less than three (3) hours. Late check-outs of more than three (3) hours shall be charged at $100 an hour, plus all applicable taxes. Early Departure/Late Arrival: There will be no refund for early departures or delayed arrivals for any reason. No refunds or schedule changes will be made due to inclement weather. Vacation/Trip insurance is recommended to all guests and may protect guest from such events as weather. TRIP INSURANCE: Trip Insurance is the only way to protect your investment. Trip insurance is available through third parties. Owner strongly recommends that you purchase trip insurance for your peace of mind, especially during the winter months when the weather may impede travel. Like any insurance, be sure you understand the policy. For example, if you are concerned about canceling due to weather, make sure the policy covers weather cancellations, etc. FAILURE OF OWNER TO ACT: Failure of Owner to enforce compliance with the terms of this agreement shall not constitute a waiver of any violation on the part of Guest or Guest’s Party. DISCLOSURE, INDEMNIFICATION AND INSURANCE INFORMATION: Guest hereby agrees to indemnify and hold Owner harmless from any and all claims, including those of third parties, arising out of or in any way related to Guest’s and/or Guest’s Party’s use and occupancy of premises or of the items of personal property provided therein. Guest agrees to indemnify and hold harmless Owner against all loss, damage, expense, and penalty arising from any action of the Guest or Guest's Party which causes injury or death to any person or damage to any property. Guest agrees to indemnify and hold harmless Owner, their contractors and all other representatives from claims, suits or damages of any kind including personal injury or death arising out of or related to: (a) any acts or omissions of Guest or their guests or invitees, (b) Guest's or their guests/invitees occupancy of the property, (c) theft of or damage to the personal property of the Guest or their guests’ or invitees’ personal property, (d) any damages or losses relating to fire, acts of God or criminal acts, (e) the presence of mold or hazardous materials, or (f) any action of the Guest or Guest’s Party or invitees which causes injury to any person by the operation or handling of the pool table, ping pong table, electronic arcade, jetted tubs, fireplace, hot tub or grills during the term and/or while those items are in the control of the Guest. Under no circumstances shall Guest, their guests or invitees be entitled to recover consequential, incidental, or punitive damages from Owner, their contractors or other representatives. Nothing in this agreement shall authorize the Guest or any other person to operate the appliances, pool table, jetted tubs, fireplace, hot tub or grills so as to impose any liability or other obligation on Owner. Guest understands that their reservation is subject to this Rental Agreement and that you have read and agree to abide by all policies and checkout procedures. Guest understands there are absolutely no refunds for cancellation and that the only recourse is to file with a 3rd party travel insurance company. If Guest declines to insure their travel investment, Guest accepts full responsibility and agrees there will be no refunds and/or schedule changes. DISPUTES: This Agreement/Contract shall be governed by and interpreted in accordance with the laws of the State of Tennessee and be treated as though it were executed in the County of Sevier, State of Tennessee. Any action relating to this Agreement/Contract shall be instituted and prosecuted only in the Sevier County Court, Tennessee. Guests specifically consent to such jurisdiction and to extraterritorial service of process. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. RELEASE/ADDITIONAL TERMS AND CONDITIONS: The Guest, Guest’s invitees/guests, his/her heirs, assignors, executors and administrators fully release and discharge Owner from any and all claims, demands and causes of action by reason of any injury of whatever nature which may have occurred to the undersigned, or any of his/her occupants, invitees or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Owner free and harmless of any and all claims or suits arising therefrom. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees, the prevailing party shall be entitled to recover reasonable attorney/court fees and costs. TERMINATION: If Guest or any member of Guest’s party or visitors/invitees violate the terms of this Agreement, Owner may terminate this Vacation Rental Agreement with no refunds. Owner has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Guest or their guests use the unit for any illegal or unlawful purpose including, but not limited to, the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, or use of common areas in a manner contrary to the provisions of this agreement, the rental period shall be terminated immediately with no refunds. Owner and/or Owner’s agent may enter the premises and remove Guest, the members of Guest’s Party, and their belongings. Guest is notified that all individuals occupying the cabin will be subject to immediate eviction procedures under State law.