Lead guest must be age 25 or older. Within 48 hours of booking, rental agreement must be signed, guest list uploaded and government ID uploaded. If this is not completed, booking will be canceled and applicable cancelation guidelines followed. Any guest with a 4 star or lower guest rating is not eligible to book. Full house rules are listed in the rental agreement. In dog friendly cabins, the dog questions must be answered:

1. Is the dog fully vaccinated?
2. Does the dog have a personal bite history?
3. Is the dog fully housetrained.
4. Do you understand that the dog must be crated when left unattended?

We do not permit any Airbnb services or experiences on this property, including third-party bookings made through the Airbnb Experiences platform. Any guest who attempts to host or bring an Airbnb-related Service or Experience onto the premises without our prior written approval will have their reservation cancelled immediately, with no refund issued.

RENTER AGREEMENT

This Agreement applies to the Guest's stay at Rental Property from Arrival Date to Departure Date but also applies to any other dates which may be included if the reservation is changed.

This Agreement applies to all members of the Guest's party no matter the age or affiliation ("Group"). Guest acknowledges that Guest is responsible for sharing the renter agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest.

In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:

Owner does hereby lease and rent to Guest, and Guest hereby accepts, the Rental Property during the Rental Term pursuant to the terms and subject to the conditions contained in this Agreement.

This Agreement applies to all members of the Guest's party no matter the age or affiliation. Guest acknowledges and agrees (i) that Guest is responsible for sharing this Agreement, and its requirements, with all members of the Guest's party, Guest’s agents, Guest’s invitees, and anyone else permitted onto the Rental Property by the Guest (collectively, the “Guest Parties”), (ii) that Guest Parties shall be bound by this Agreement to the same extent Guest is bound by this Agreement and Guest shall be responsible for causing Guest Parties to comply with this Agreement, and (iii) that Guest shall be liable for all actions of the Guest Parties including, without limitation, damages to the Rental Property caused by such Guest Parties and any other violation of this Agreement by Guest Parties. Guest represents and warrants that Guest is over the age of 25 and that Guest will remain on the Rental Property during the entire Renal Term. No rentals shall be allowed for guests under the age of 25.

Guest shall abide by all rules and regulations which are contained herein, which are subsequently provided by Owner to Guest from time to time, or which are posted on the Rental Property from time to time.

Guest shall keep the Rental Property clean and safe and cause no unsafe or unsanitary conditions to exist on the Rental Property. Guest shall not cause or permit any waste, damage or injury to the Rental Property. Guest agrees to return the Rental Property in good condition and repair, ordinary wear and tear excepted. Guest shall comply with all federal, state, and local laws, rules, regulations, and ordinances (collectively “Laws”) relating to the Rental Property. Neither Guest nor anyone claiming through Guest shall have the right to file or place any mechanic’s lien or other lien upon the Rental Property or improvements or upon Guest’s or Owner’s leasehold interest.

Guest agrees not to use the Rental Property for any commercial activities or for any purpose that violates any Laws. In no event shall the Rental Property be occupied by more persons than the capacity of the Rental Property as stated on the booking web site or the confirmation letter, without prior approval by Owner. No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval in writing. In no event shall Guests assign or sublet the Rental Property in whole or in part.

Guest hereby acknowledges and grants specific permission to Owner to enter Rental Property at any time for purposes of (i) inspecting the Rental Property, (ii) maintaining and repairing the Rental Property, (iii) and ensuring that Guest is complying with this Agreement. If the Rental Property is listed "For Sale" during the Rental Term, Guest agrees to grant access to Owner, its agents, and potential purchasers to view the Rental Property during reasonable hours.

Guest will only park vehicles on the Rental Property in the areas designed by Owner. Guest will be permitted to park 2 vehicles on the Rental Property. No camper or trailer parking is allowed on the Rental Property.

Guest shall not keep on the Rental Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Rental Property or that might be considered hazardous or extra hazardous by any responsible insurance company.

Guest shall keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Guest shall not allow any sweepings, rubbish, sand, rags, ashes, towels, feminine products, or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Guest.

Guest shall deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements of the Rental Property. Guest shall not make, allow or permit any of the following: (i) any loud noise, music, talk or conduct disturbing to neighbors of the Rental Property, (ii) any locks to be changed, nor any additional locks to be placed on any doors, (iii) smoking or the use of tobacco or tobacco products inside the Rental Property, (iv) the use, possession or distribution of illegal drugs, (v) any conduct not allowed by applicable Laws, (vi) leave windows or doors in an open position during any inclement weather, or (vii) hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony nor air or dry any of same within any yard area or space. Please be considerate of the neighbors.

Guests must inform the Owner of their intention to bring children onto the Rental Property and the specific number of children. A child is defined as any person under the age of 18.

In the event Guest wishes to terminate this Agreement then Guest must provide written notice to Owner. The refund policy is as follows:

Ninety-seven percent (97.00%) of the total booking charges will be refunded if the cancellation is made more than 61 days prior to the arrival date of the reservation. Fifty percent (50.00%) of the total booking charges will be refunded if the cancellation is made more than 30 days prior to the arrival date of the reservation. For cancellations made within 30 days prior to the arrival date, no refund will be issued.

Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable.

A payment of 100% of the total booking charges is taken by Owner at the time of the booking by credit card. Any remaining balance must be paid ten (10) days prior to the arrival date, or this Agreement may be canceled by the sole option of the Owner.

An automatic credit card payment for the remaining balance will be scheduled by the Owner to be made prior to the arrival date. The credit card of the first payment is used if a credit card was provided. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check.

Regular payments and security deposits for the booking will be displayed as DreamStay Retreats on the Guest's credit card statement.

No pets are permitted on the Rental Property.

No refunds will be provided due to inoperable equipment, HVAC, appliances, pools, hot tubs, elevators, internet, televisions, wi-fi, etc. The Owner will take commercially reasonable efforts to ensure that such equipment will be and remain in good working order during the Rental Term. No refunds will be given due to inclement weather, Guest’s inability to reach the Rental Property due to road conditions, power blackouts, water shortage, flooding, snow or other inclement weather conditions, construction at adjacent properties, or mandatory evacuations of the area by government officials due to potentially dangerous situations arising from acts of God or nature. In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability. Please note that the Rental Property is located in a mountainous area - if possible, Guest may want to use a vehicle with four wheel drive during their stay. The Rental Property driveway is steep, and Owner is not responsible for Guest’s inability to get to the Rental Property in inclement weather.

This rental is provided by Owner to Guest on an “as is” basis. Guest stipulates, represents and warrants that Guest will examine the Rental Property, and that it is at the commencement of the Rental Term in good order, repair, and in a safe, clean and leasable condition. Should this not be the case, Guest shall notify Owner immediately. Guest acknowledges that no promise to decorate, alter, repair or improve the Rental Property has been made by Owner. GUEST ACCEPTS THE RENTAL PROPERTY “AS IS,” AND HEREBY ACKNOWLEDGES THAT OWNER HAS, EXCEPT AS MAY BE SPECIFICALLY PROVIDED IN THIS AGREEMENT, MADE NO REPRESENTATIONS REGARDING THE RENTAL PROPERTY AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY ALL WARRANTIES RELATED TO THE RENTAL PROPERTY INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest. Owner shall not be responsible for any items which are left by Guest. Items found and not claimed within 30 days will be disposed of at the discretion of Owner. At the expiration of the Rental Term for any reason, Guest shall remove all personal property from the Rental Property. Any personal property then remaining upon the Rental Property after the expiration or termination of this Agreement shall be treated by the Owner as abandoned property and Owner may dispose of said property by any method Owner elects without liability to Guest.

You may NOT ship items to the rental property.

Misuse of a Water Feature (as defined below) by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner. Under no circumstances are pets allowed in pools or hot tubs. No credit, discount or rate adjustment will be granted for malfunctions to Water Features beyond Owner’s control. If linens or towels are rented from Owner or supplied with Rental Property, Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels. This pricing reflects the added expenses incurred by Owner in supplying missing items to the Rental Property and is not a penalty. Daily maid service is not provided at the Rental Property.

This Agreement shall be enforced under the laws of the state of Tennessee, including any applicable rental acts of that state, and represents the entire Agreement between the parties with respect to the subject matter hereof. Any amendments to this Agreement must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the state or federal courts having jurisdiction over Sevier County, Tennessee. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement. This Agreement may not be assigned by Guest without Owner’s prior written permission.

The failure of the Owner to insist upon the strict performance of any term or condition of this Agreement, or to exercise any rights or remedy available upon a breach or default thereof, shall not constitute a waiver of such breach or default or of such term of condition. The acceptance of any rental payment by Owner during the continuance of any such breach or default shall likewise not constitute a waiver of any such breach or default. No term or condition of this Agreement, required to be performed by Guest and no breach or default thereof, shall be waived, altered or modified, except be a written instrument executed by the Owner. No waiver of any such breach shall affect or alter any term or condition of this Agreement, and each such term or condition shall continue in full force and effect with respect to any other then existing or subsequent breach or default thereof. Should Owner deem it necessary or appropriate to retain an attorney for the collection of any amount owed by Guest hereunder or to enforce or defend any provision of this Agreement, Guest agrees to pay, in addition to its other obligations hereunder, all expenses of Owner including, but not limited to, court costs, and reasonable attorney’s fees.

Guest shall remove all of Guest’s property and deliver possession of the Rental Property in a clean condition and good order and repair to Owner upon the earlier of termination or expiration of the Rental Term or the termination or expiration of this Agreement. In the event Guest fails to so vacate the Rental Property, then Guest shall pay Owner an amount equal to three times the existing daily rental rate in addition to the other damages provided for under this Agreement. After termination or expiration of this Agreement or the Rental Term, Guest shall be deemed to be a tenant at will and is subject to immediate eviction processing without further notice.

Guest acknowledges and agrees that (i) Owner may have audio/visual monitoring equipment on the Rental Property, (ii) Guest hereby consents to being monitored/recorded by such equipment, and (iii) such equipment is not monitored 24/7 and Owner makes no representation or warranties with respect to Guest’s safety or security as it relates to such equipment or monitoring. The risk of loss for all of Guest’s personal property shall remain with Guest during their use of the Rental Property. Guest may wish to purchase insurance with respect to such property. Owner’s insurance will not provide coverage for Guest. Guest shall not set fire anywhere on the Rental Property other than in designated fireplaces. Guest shall not leave such fireplaces unattended. Guests shall only use the appropriate type and quantity of fuel for each fireplace and shall not overload any fireplace. Guest shall not use wood in gas fireplaces and shall not use accelerants in wood fire places other than fire starters designed for such purpose. Guest shall be responsible for any and all damages caused by such fireplaces or any sparks, flames, smoke or ash emitted therefrom.

Guest shall not leave children unattended near the creek, hot tubs, and water features located on the Rental Property (the “Water Features”). Guest acknowledges and agrees that the Water Features are inherently dangerous (where such dangers may include, without limitation, death, drowning, electrocution, disease, paralysis, strains, fracture, and other injury) and Guest shall use such Water Features at Guest’s own risk. No lifeguard is provided by Owner. There shall be no diving in the Water Features. Guest is expressly responsible for the safety of Guest and Guest Parties using the Water Features and specifically waives any and all liability claims against Owner related thereto. Guest shall not permit any juvenile or non-swimming Guest Parties to play in or around any Water Features without providing an attendant who is able to assist person in the event of difficulty in the water.

The occurrence of any of the following shall constitute an event of default:

1. Delinquency in the due and punctual payment of any amount payable under this Agreement.

2. Failure by Guest or Guest Parties in the performance of or compliance with any of the terms, conditions, covenants, or obligations of this Agreement.

3. Failure by Guest or Guest Parties to comply with Guest’s obligations pursuant to applicable Laws.

The occurrence of any of the events of default as listed in Paragraph 33 shall give the Owner the following remedies.

1. OWNER MAY TERMINATE THIS AGREEMENT UPON THE BREACH OF ANY OF THE TERMS HEREOF BY GUEST. GUEST SHALL NOT BE ENTITLED TO THE RETURN OF ANY RENTAL MONIES PAID UNDER THE TERMS OF THIS AGREEMENT AND SHALL VACATE THE RENTAL PROPERTY IMMEDIATELY.

2. Upon Guest’s failure to pay any amount payable under this Agreement, Owner shall have the right to terminate this Agreement WITHOUT THE NECESSITY OF DEMAND OR NOTICE WHICH ARE HEREBY EXPRESSLY WAIVED BY GUEST and Guest agrees to peaceably surrender and vacate the Rental Property forthwith, paying the required amounts due hereunder and leaving the Rental Property in good order and repair. In the event Guest should refuse to surrender the Rental Property or upon surrender fail or refuse to pay the required amounts due hereunder, then Owner shall be entitled to recover from Guest possession, the amounts due hereunder, and damages by bringing an action in any court of competent jurisdiction. Owner shall also have the right, without terminating this Agreement, to enter the Rental Property on surrender by Guest or appropriate court order, in an attempt to re-let the same upon terms and conditions then obtainable by Owner, and if a sufficient sum shall not be realized from any such reletting to satisfy Guest’s obligations hereunder after paying all expenses incidental thereto. Guest shall satisfy such deficiency upon demand of Owner.

3. In addition to the rights and remedies afforded Owner under the terms of this Agreement, Owner is specifically authorized to pursue any and all rights which it may have under the applicable Laws.

4. The specific remedies to which the Owner may resort under the terms of this paragraph are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the Owner may be lawfully entitled in case of any default or threatened default by Guest of any provision or provisions of this Agreement.

To the maximum extent permitted by law, Guest shall indemnify, protect, defend and hold harmless Owner and its partners, members, shareholders, directors, managers, agents, employees, and contractors (collectively, “Owner Parties”) for, from and against all liabilities, claims, fines, penalties, costs, damages or injuries to persons, damages to property, losses, liens, causes of action, suits, judgments and expenses (including court costs, attorneys’ fees, expert witness fees and costs of investigation), of any nature, kind or description (collectively, “Damages”) of any person or entity, arising out of, caused by, or resulting from (in whole or part) (i) Guest’s and Guest Parties’ use, occupancy or enjoyment of the Rental Property, (ii) any activity, work or other things done, permitted or suffered by Guest and Guest Parties in or about the Rental Property, (iii) any negligence or willful misconduct of Guest or Guest Parties, (iv) any damage to Guest’s property, or the property of Guests Parties located in or about the Rental Property, (v) any damage or injury of or to the Guest, Guest Parties, or to any person entering the Rental Property or to the personal property of such individuals, (vi) any damage to the Rental Property, (vii) any violation by Guest or Guest Parties of any representation, warranty, or covenant contained in this Agreement, or (viii) to the contraction of COVID-19 by Guest or Guest Parties as result of their use of the Rental Property. Guest shall promptly notify Owner of any claim, action, proceeding or suit instituted or threatened against Owner Parties of which Guest becomes aware. This section shall survive the expiration or earlier termination of this Agreement.

Owner shall not be responsible or liable to Guest, Guest Parties, or any other person claiming by or through Guest or Guest Parties, for any injury or damage resulting from acts or omissions of Owner Parties, except where such loss or damage occurs from the willful misconduct of the Owner Parties. The parties hereto acknowledge and agree that OWNER’S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE RENTAL PROPERTY, OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY GUEST TO OWNER UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THIS ALLOCATION OF LIABILITY IS A MATERIAL COMPONENT OF OWNER’S PRICING UNDER THIS AGREEMENT, AND, BUT FOR SUCH ALLOCATION, OWNER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.

NO ACTION SHALL BE BROUGHT BY GUEST FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.

GUEST, FOR ITSELF AND GUEST PARTIES, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE OWNER AND OWNER PARTIES FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY GUEST OR ANY GUEST PARTIES OR TO ANY PROPERTY BELONGING TO GUEST OR ANY GUEST PARTIES ARISING OUT OF THEIR USE OF THE RENTAL PROPERTY, EXCEPT TO THE EXTENT SUCH DAMAGES ARE CAUSED BY THE WILLFUL MISCONDUCT OF OWNER PARTIES.

COVID-19 IS A CONTAGIOUS VIRUS WHICH CAN SPREAD EASILY BETWEEN PEOPLE AND SURFACES. WHILE OWNER MAKES REASONABLE EFFORTS TO CLEAN THE RENTAL PROPERTY PERIODICALLY, IT IS POSSIBLE THAT GUEST MAY COME INTO CONTACT WITH COVID-19 WHILE STAYING AT THE RENTAL PROPERTY. GUEST ACKNOWLEDGES THE CONTAGIOUS NATURE OF COVID-19 AND VOLUNTARILY ASSUMES, AND WILL DEFEND AND HOLD HARMLESS OWNER AGAINST, THE RISK THAT GUEST AND GUEST PARTIES MAY BE EXPOSED TO OR INFECTED BY COVID-19 WHILE USING THE RENTAL PROPERTY OR ANY COMMUNITY AMENITIES RELATED TO THE RENTAL PROPERTY AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH. Nothing in this Agreement, and no course of dealing between the parties hereto, shall be construed to create or imply an agency relationship or a partnership or joint venture relationship between the parties or between one party and the other party's employees or agents.

Owner shall not be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, civil disturbance, terrorism, pandemic, acts or omissions of suppliers and other third parties, act of government including, without limitation, quarantines, safer at home orders, or public health directives, strikes, unavailability of materials, personnel, equipment, facilities, telecommunications services or supplies or any other cause beyond the reasonable control of Owner. Upon the occurrence of such an event Owner may terminate this Agreement and refund Guest the amount paid by Guest without further liability or obligation.

Guest agrees that, prior to making, writing, or otherwise posting or publishing any negative and/or disparaging reviews and/or remarks regarding Owner or the Rental Property, Guest will first provide written notice to Owner, via electronic mail at least ten (10) days prior to posting, of the issue(s) Guest is dissatisfied with that would be the subject of Guest’s online postings, and Guest agrees to provide Owner with at least ten (10) days in which Guest’s dissatisfaction can be addressed by Owner prior to Guest posting such negative or disparaging content online.

The Rental Property may offer access to recreational and water activities, including but not limited to canoes, bicycles, hiking, and swimming. Guest fully understands and acknowledges that such recreational and water activities have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest also acknowledges that wildlife is present in the area of the Rental Property; and Guest shall act, and shall cause Guest Parties to act, accordingly at all times for the protection of Guest, Guest Parties, and the wildlife. GUEST AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS THE OWNER AND OWNER PARTIES FOR ANY DAMAGES CAUSED BY THESE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE OWNERS, THE NEGLIGENCE OF THE PARTICIPANTS, THE NEGLIGENCE OF OTHERS, ACCIDENTS, BREACHES OF CONTRACT, THE FORCES OF NATURE OR OTHER CAUSES FORESEEABLE OR UNFORESEEABLE. GUEST HEREBY ASSUME ALL RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER CONDUCT OF THE OWNERS OR BY ANY OTHER PERSON AS THE SAME RELATES TO SUCH RECREATIONAL AND WATER ACTIVITIES. GUEST HEREBY VOLUNTARILY AGREES TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY OWNER AND OWNER PARTIES FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR OTHERWISE WHICH MAY ARISE OUT OF GUEST AND GUEST PARTIES’ USE OF RENTAL PROPERTY FACILITIES, EQUIPMENT, OR ACTIVITIES. GUEST FURTHER ASSUMES FULL RESPONSIBILITY FOR THE ACTIONS OF ANY GUEST PARTIES AND INDEMNIFIES OWNER FROM ANY AND ALL CLAIMS ARISING FROM SUCH GUEST PARTIES. Guest and Guest Parties should be aware that other property in the area is private, and no trespassing is allowed. DO NOT FEED WILDLIFE OR LEAVE FOOD PRODUCTS OUTSIDE THE RENTAL PROPERTY UNSUPERVISED.

Guest acknowledges and agrees that (i) Guest has read the Rental Agreement related to the Rental Property and has had an opportunity to discuss the Rental Agreement with counsel of Guest’s choosing, (ii) Guest understands the Rental Agreement and rules and rental conditions upon which Guest is agreeing to rent and use the Rental Property, (iii) Guest is over the age of 25 and assumes responsibility for Guest Parties and those in Guest’s charge under the age of 18, and (iv) Guest is not under duress.

This Agreement shall be binding on Owner and Guest as of the date of Guest’s signature on this Agreement or electronic acknowledgement of this Agreement.