BILLION DOLLAR VIEW CHALET 2050 Luzerne Drive Gatlinburg, TN 37738 billiondollarview@yahoo.com Rental Agreement

I would like to start off by saying thank you for choosing our chalet for your Gatlinburg stay. Below are some terms and conditions that we ask you to Read Through, Sign and Return prior to your arrival. Regarding the clauses below for general payments of reservations and deposits. This agreement is not an additional request for those items if such has already been paid through a 3rd party booking agency but if any damages do occur that exceed the 3rd party deposit amount received then additional fees will be sought after as specified. All terms and conditions do apply to each renter and must be agreed upon prior to your arrival. Thank you and we look forward to hosting you at our home.

Reservations To secure your reservation, an advance payment is required at the time of booking. The advance payment will be applied toward the rental amount and can be made by check or by credit card. The balance of the rental amount is due 30 days prior to your arrival date and can be made via check or credit card. The advance payment is not a damage/security deposit, which is additional (see Damage/Security Deposit requirement below).

Damage/Security Deposit If paying by credit card, a security deposit will hold on your credit card 1 day prior to your stay and will release within 7 days after your stay. Your security deposit is clearly identified in your rental proposal. If paying by check, a separate damage/security deposit is required by check. This must be received within seven (7) calendar days prior to your stay along with an executed copy of this Guest Agreement. The deposit automatically converts to a security/damage deposit upon your arrival. The deposit is NOT applied toward rent; Your security deposit is fully refundable provided the following provisions are met: a. No damage is done to the premises or its contents beyond normal wear and tear and there are no missing, broken, or malfunctioning items. b. No charges are incurred due to contraband, pets, collection of rents or additional services rendered during the stay. c. All debris, rubbish and perishables are placed in their proper containers and soiled dishes are placed in the dishwasher and cleaned. d. All keys (included house keys and private amenities access cards) and are left [with management.] e. All the Guest Agreement terms and conditions are abided by, and no fines were incurred as part of your stay.

Should there be damage, repair and/or replacement necessary beyond the security deposit, the excess amount will be charged to your credit card. The damage/security deposit may be delayed beyond 15 days if the repair/replacement cannot be completed in that time frame.

Travel and Vacation Rental Insurance Life is unpredictable, therefore, we encourage all guests to purchase travel insurance. If purchased by you, this insurance reimburses you for prepaid non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. This can include but is not limited to sudden illness, death in the family, or property unavailability due to Force Majeure. It is strongly recommended that Guest purchase this valuable protection; however Guest has the option to decline to purchase travel insurance. You can purchase Travel Insurance from many providers. If booking through VRBO.com, a summary of the policy offered by VRBO upon checkout is approximately $250. Should you have questions or wish to cover your stay, please contact VRBO directly online or at (877) 202-4291. Owner is not responsible for the relocation of Guest should the house become non-habitable due to acts of God, such as wildfire, floods, tornadoes, earthquakes and natural disasters, and Owner is not liable for the costs of finding an alternative accommodation or for damages because alternative accommodation cannot be found. We recommend the purchase of trip insurance that would protect Guest from monetary loss from such an event.

Check-In Time Check-In time is 4:00pm (EST). Due to our high standards for cleanliness, there exists a slight possibility the home may not be fully ready for check in at 4:00pm. We ask for your patience and suggest that you have alternate plans available.

Check-Out Time Check-out time is 10:00am (EST). There are no refunds for early departures, shortened stays, or late arrivals.

Cleaning While linens and bath towels are included in the unit, daily maid service is not. We do not permit bath towels or linens to be taken from the home and ask that you use them sparingly. An initial setup of trash liners, bathroom paper, and hand soap will be provided for your stay. You will also be responsible for maintain the cleaning during your stay and leaving the home in good condition at checkout. Please remember that you are staying in a privately owned home and we ask that you treat it as you would want someone to treat yours. If property is left damaged or unusually messy such as unwashed dishes, garbage left in the house, stains on the furniture, carpet etc. your security deposit will be deducted accordingly and/or an additional cleaning fee or miscellaneous charges may be applied.

Restricted and Unlawful Activity Smoking is strictly prohibited inside the home or on the balconies/porches. Your damage deposit will be forfeited, and you will incur an additional charge for carpet cleaning and deodorizing if any evidence of smoking is found inside the home or on the balconies/porches. No cigarette butts or ashes are to be left on the grounds. You are in a National Park and forest fires can occur from a cigarette butt so do not throw them on the ground. Guests who violate this provision will be assessed an additional non-refundable deodorizing and cleaning fee up to $500.00 and may also be subject to immediate eviction pursuant to Agent’s eviction policy set forth herein.

In additional to cigarette butts any littering on the property in general is strictly prohibited and will result in forfeiture of complete deposit as well as a fine of up to $1500 by the National Park Rangers. Trash of any sort disbursed outside of the property other than the designated bins is a serious offense and will be addressed accordingly.

Tampering with or removing any smoke, carbon monoxide detectors and other associated alarms located in or around the premises will result in the guest being charged a non-refundable and non-disputable fire safety violation fee of $1,000.00. There are no fires allowed except in fireplaces only which are to be used with the installed gas log system only.

No fireworks may be stored or discharged on the premises at any time. Under no circumstances shall any illegal drugs or illegal activities be allowed on the premises. Guest understands that possession and use of any such substance or illegal activity occur are grounds for immediate eviction and forfeiture of payment.

No Pets Absolutely no pets are allowed. If evidence of a pet(s) is found in the home or on the premises, you will be asked to vacate immediately with no refund of rent or damage deposit. Your damage deposit will be forfeited and you will incur an additional charge for carpet cleaning, deodorizing and flea bombing if any evidence of pets are found in the home.

Parking The chalet can accommodate 3 cars comfortably or 4 extremely tight if pulled completely straight facing the chalet. There is NO parking allowed on the lawn or street.

Age Requirements We do not rent to vacationing students, singles under 25 years of age or unchaperoned groups. Any violators will be evicted with forfeiture of all monies. Any reservation obtained under false pretense will be subject to forfeiture of all monies including but not limited to reservation deposit, rental payment and damage deposit.

Rental Party/Maximum Occupancy The rental party shall be limited to the number listed on the rental reservation. The maximum number of guests is limited to 10 persons unless a specific written exemption has been made. An additional charge of $100 minimum per person per night for guests in addition to above guests will be assessed. At all times during said rental period, Guest agrees to have no more than the allowed number of guests for occupancy, (including children). If more than the stated number of guests are found to be occupying the chalet, without prior written permission, Owner has the right to terminate this contract and Guest will forfeit all monies paid, including rent, cleaning, and deposits.

Property Surveillance The property is equipped with external audio and video surveillance to monitor any unwanted intrusions for your safety and ours. We do respect the privacy of our guest and have excluded such equipment in social gathering areas.

Miscellaneous Requirements Please report any damages or maintenance repair issues during your stay so that we may make arrangements for them as soon as possible. Repairs to appliances, electronics, HVAC units, hot tub etc. will be made as soon as possible but there will be no refunds or adjustments should any such failure occur. The owner or an agent of owner may enter the premises for routine maintenance or to make repairs. Any third-party service calls for lost keys or for locked-out guests will incur a minimum $50.00 charge. House parties and underage drinking are not tolerated. If we are made aware of underage drinking, house parties and or the police are called to the home for any type of disturbance, violators will be evicted from the premises. In addition, your security deposit and rent will be forfeited.

Weather Conditions As a reminder you are staying in the mountains so snow and elevation of terrain are two factors that may affect your travel. Our road and parking area is fairly flat but the roads to get to the place can be fairly steep after you begin your climb from downtown. If weather conditions are bad enough, they will close the roads at the bottom leading to our place until they can be cleared. It is advised to bring a 4wd if available during colder seasons. With that being said, we cannot control the weather and cannot issue refunds based on the weather. So, if you book your stay during the winter, you are taking the risk. That’s why we suggest purchasing travel insurance. This comes with the territory of the destination spot. The road crews on the mountain are very responsive about clearing the roads in a timely manner. Just use wise judgment during your stay.

House Rules A. We require that you respect this property and treat it as your own. B. Quiet hours for the neighborhood are 10 pm to 9 am. Please respect your neighbors. C. Please minimize dripping wet bathing suits inside the home. D. No damp clothing or sunscreen allowed on any furniture as it will discolor the leather. E. Please contact us immediately upon your arrival if there is anything that you need, the property does not meet your expectations or if you notice any visual damages or missing items. F. Observe the rules and regulations of the neighborhood, specifically those regarding parking and trash pickup. G. Turn off the gas valves to the fireplaces and grill when done using. H. LEAVE THE AMENITY BANDS/CARDS IN THE CHALET. THEY ARE NOT SOUVENIERS. A $50 CHARGE WILL APPLY TO EACH LOST BRACELET/CARD.

HOT TUB WAIVER AND RELEASE

1. Guests and their visitors will comply with the Rules of Conduct listed below for users of the hot tub and decks at the Property. Guests agree to inform their visitors of these rules and will ensure that they will also abide by those rules.
2. Guests assume all risks relating to or arising out of the use of the hot tub by themselves and their visitors. Guests understand that no lifeguards are provided at the hot tub and that they and their visitors will be entering at their own risk. In consideration of being allowed to use the hot tub, Guests, on behalf of themselves and their visitors, their legal representative, heirs, successors, and assigns, do hereby release, waive, and discharge owners and their officers, directors, and employees (“the Releasees”) from any and all liability to Guests and their visitors, their spouses, legal representatives, heirs, successors, and assigns from and against any and all loss or expense (including reasonable attorney’s fees and costs related to any litigation and any appeals), and any claim or damages on account of injury to Guests or visitors, even injury resulting in death, whether caused by the negligence of Releasees or otherwise, arising out of or relating to use of the hot tub.
3. Guests agree to defend, indemnify and hold harmless the Releasees and each of them from any loss, damage, or cost of any kind whatsoever they may incur due to or arising out of or relating to Guests’ presence, or the presence of their visitors, in or upon the hot tub, whether caused by the negligence of Releasees or otherwise.
4. Guests expressly agree that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee and that if any portion of it is held invalid, the balance shall continue in full force and effect.
5. Guests hereby release and discharge the Releasees from all claims whatsoever on account of first aid treatment or services rendered to or by Guests, their visitors, or any minor child for which they are responsible, arising out of or relating to or necessitated using the hot tub or anything on the property.
6. This Waiver and Release contains the entire agreement between Guests and Releasees relating to the subject matter hereof, and the terms of the Waiver and Release are contractual and not mere recital.
7. Guests further state that they have carefully read the foregoing Waiver and Release, understand the contents, and have signed it as their own free act.
8. Guests have read the conditions and rules listed on this form and understand and agree to abide by these conditions and rules.

RULES GOVERNING THE USE OF HOT TUB AND DECK AREAS

1. The use of the pool facilities is restricted to Guests and their visitors. Persons who cannot demonstrate that they are an owner, Guests or authorized visitors may not use the pool.
2. Use of the facilities is at the Guest’s own risk. Lifeguards are not provided.
3. All authorized persons must shower with soap and water each time before entering the hot tub.
4. Children under the age of 6 should not enter the hot tub because of the hot temperature it can reach.
5. Children under the age of 12 must be accompanied by an adult of at least 18 years of age.
6. Enter and exit the hot tub slowly.
7. All persons must place a towel or other material between their bodies and the deck furniture to protect the furniture from oils and greases if sunbathing on the deck.
8. No eating in the hot tub.
9. Breakable containers are not allowed in the hot tub.
10. Persons with infectious or contagious health conditions are not permitted in the pool.
11. Persons with high low blood pressure, pregnant, diabetes, heart disease or any serious illness should consult a physician before entering a hot tub.
12. Diving, jumping, or running is not allowed in the hot tub deck area.
13. The hot tub is not a pool. Please do not allow children to submerge their heads under that water. The tub has jets. It can pull their hair. Not allowing for them to pull their head above water.
14. No splashing water on the control panel.
15. Hot tubs can cause dizziness and dehydration. Please refrain from drinking alcohol while soaking in the hot tub. Limit your soak time to 15 minutes and cool off before re-entry.
16. Please turn off the high-speed jets after every use.
17. Please do not stand, sit or lie down on the hot tub cover.
18. The cover should be returned and secured after every use.
19. No one shall pollute the pool. Anyone who pollutes the pool will be held responsible for the costs incurred in treating or correcting the problems caused by the pollution.

By making a reservation at Billion Dollar View Chalet, Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in the Guidebook or on the property.

Additionally, we require a copy of a photo ID to reserve this property. It must match the name of the adult that reserved the chalet either via VRBO or Air B&B. Please email a driver’s license photo to us at billiondollarview@yahoo.com. Include your name, the date your rental is for and the number of guests in your party. How many adults. How many children.

Indemnity For the purposes of this Agreement, “Claims” means all losses, fines, suits, proceedings, claims, demands, debts, obligations, liabilities, judgments, damages, and actions of any kind or nature, as well as attorneys’ fees, costs of investigation, settlement costs, lost profits, charges, expenses and taxes arising out of, relating to or in any way connected with the foregoing. Guests shall be solely and completely responsible for all Claims arising out of, relating to or in any way connected with their occupancy of the home including, without limitation, the hot tub, deck, clubhouses. In addition, guests agree to indemnify, defend and hold harmless the owners of the home and any property manager at the guests’ sole expense for all Claims arising out of, relating to or in any way connected with their occupancy of the home. This indemnity and all of guests’ obligations and duties hereunder shall continue in full force and effect subsequent to guests’ occupancy of the home. Guests acknowledge and agree that their use of the hot tub, deck and clubhouses is at their sole responsibility, risk and peril and waive any claims arising out of, relating to or in any way connected with such use. 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 house, whether on the property 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, hot tub and any and all other activities on the premises.

Amendments This Agreement may not be modified or amended except by written agreement signed by all parties.

Recovery of Legal Fees and Costs If it becomes necessary for owners to engage the services of an attorney in order to enforce this Agreement or defend any Claim made or action brought by any third party against owners arising out of relating to, or in any way connected with guests’ occupancy of the house, owners are entitled to recover their reasonable attorney’s fees, court costs and expenses from guests.

Governing Law This Agreement, the rights granted and the relationship created hereunder shall be governed, interpreted and construed in all respects in accordance with the internal laws of the State of Tennessee, without regard to choice of law provisions.

Consent to Jurisdiction and Venue Guests agree that any legal action arising out of, relating to or in any way connected to this Agreement or the relationship of the parties hereunder shall be brought in the United States District Court for the Middle District of Tennessee in Nashville, Tennessee, or the Circuit Court or Chancery Court of Sumner County, Tennessee. Guests hereby irrevocably consents and submits to the jurisdiction of such Courts and for such purposes and waives any objection they may have to either the jurisdiction or venue of such Courts.

Entire Agreement This Agreement constitutes the entire agreement between the parties hereto, and it is acknowledged by the parties that except as expressly provided in this Agreement, there are no representations, warranties, or other agreements expressed or implied, oral or written, in any way relating to the provisions hereof. This Agreement, when fully executed, shall supersede all prior negotiations, understandings, representations and agreements, oral or written, between the parties concerning the subject matter of this Agreement.

This executed Guest Agreement must be returned within 7 days of booking the reservation (along with the $500.00 check for the damage/security deposit) to validate and complete the reservation. Access to the property will not be allowed until the Guest Rental Agreement is signed by the responsible party. Should the responsible party fail to sign the Guest Rental Agreement, all monies, including rental fees. and Damage/Security Deposits are forfeited. Execution of this agreement acknowledges that you understand and accept the terms and conditions of this Guest Agreement. Please email this agreement in its entirety (i.e., all pages) to: billiondollarview@yahoo.com

By signing this Agreement, you are agreeing to accept and adhere to the Rules & Regulations of our Chalet “Billion Dollar View” that are stated above.

Date:

Signature:

Print Full Name of Legal Responsible Party Renting and Signing:

Please remit a copy of Photo ID with this Contract Thank You