This Short-Term Guest Rental Agreement (“Agreement”) is made between Sunshine Getaways LLC ("Host") and Guest as it relates to Guest’s use of accommodations located at 261 Racoon Trail, Morganton, GA 30560 (the “Accommodations”).

This Agreement is in addition to any rental agreement entered into by Guest on the website by which Guest located the Accommodations (the “Booking Site”). In the event of any conflict between the terms of this Agreement and the terms of any such rental agreement, the terms of such rental agreement shall govern. By booking the Accommodations, or by clicking to accept or agree to when that option is made available to you, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to the terms of this Agreement, you must not book the Accommodations.

Guest consents to and understands and agrees that, prior to Guest’s use of the Accommodations, Host will perform a national criminal and sex offender background check on Guest through an accredited consumer reporting agency and that if the result of the background check is, in Host’s sole judgment, adverse, Guest’s reservation shall be canceled and Guest’s reservation deposit shall be returned to Guest. Guest also acknowledges that Host shall be permitted to supply a copy of the background check report to the owner or property manager of the Building upon the owner’s or property manager’s request, subject to all applicable federal, state, or local requirements applicable to the recipients of such information. Use of a name other than the true legal name of Guest for the purposes of the reservation shall be grounds for immediate cancellation of the reservation and return of Guest’s reservation deposit.

At the time of booking the reservation, 100% payment of the total rental charges shall be charged.

The terms specified on the Booking Site shall govern cancellations except as specified in this Agreement. If no payment has been received within twenty-four (24) hours after booking, or if Host receives notification that Guest’s payment has failed, Host has the right to cancel the reservation.

Guest authorizes Host to charge Guest’s credit card for damages, extraordinary cleaning required after Guest’s use of the Accommodations, unauthorized early check-in or late check-out, or as otherwise set forth in the fee schedule below. Damages and extraordinary cleaning shall be determined in the sole and reasonable discretion of Host.

Guest and Guests invitees, visitors, and guests must abide by Host’s rules and regulations and the rules and regulations of the Building, a copy of which is attached hereto or which may be provided upon request. In the event of any conflict between Host’s rules and regulations and the rules and regulations of the Building, the more restrictive applicable rule or regulation shall govern.

The Accommodations shall not be used for any unlawful or illegal purpose under applicable federal, state, or local laws, statutes, ordinances, or orders. Use of the Accommodations by Guest or Guest’s invitees, visitors, or guests for any unlawful or illegal purpose shall be grounds for immediate termination of the balance of Guest’s reservation. The Accommodations shall not be used for any commercial, industrial, wholesale, or retail activity. No nails, screws, fasteners, or adhesives of any kind shall be inserted into or attached to any portion of the Accommodations or the furnishings or other improvements in the Accommodations.

Occupancy of the Accommodations is limited to the lesser of the number of individuals permitted by (a) the Booking Site; (b) the Building; or (c) applicable laws, statutes, or ordinances.

Dogs are permitted with written approval by Host. No cats are permitted in the Accommodations unless pre-approved in writing by Host. Note that the Building may not permit animals of any kind or for any purpose.

The Accommodations are equipped and supplied as fully furnished, including bedspreads, linens, blankets, pillows, bath towels, and a standard equipped kitchen. Towels for hot tubs, spas, and/or swimming pools are provided. Bath towels provided in the Accommodations are not to be used for such use. Furnishings and floor plans of Accommodations may differ from photographs in advertisements. Missing or damaged items provided in the Accommodations shall be charged to Guest’s credit card.

No smoking or vaping of any product or substance is permitted in the Accommodations, common areas of the Building, or near Building entrances.

No parties or other gatherings of individuals greater in number than the number of individuals legally permitted to occupy the Accommodations are permitted in the Accommodations. Guest is responsible for the conduct of all persons occupying or visiting the Accommodations during Guest’s occupancy of the Accommodations. If Host is notified of a noise complaint during Guest’s occupancy, Guest will be notified by direct message, email, or telephone. If Host is notified of a second noise complaint during Guest’s occupancy, Host has the right to remove the Guest immediately from the Building without a refund. If law enforcement is called to the Building for any reason, whether relating to a disturbance, noise complaints, occupancy issues, inappropriate behavior, or another matter involving Guest’s activities in the Accommodations, Guest must pay all costs associated with such activity, including repair of any damage done to the Accommodations or the Building and may be subject to prosecution and/or eviction.

In the event Guest has any questions or concerns relating to the Accommodations, including maintenance issues affecting the Accommodations, Guest should immediately contact Jessica through your booking platform. Damage or cleaning issues relating to the Accommodations must be reported to Host within three (3) hours of Guest’s first arrival at the Accommodations or the Accommodations shall be deemed to have been in acceptable condition at the time of Guest’s first arrival. Damages or cleaning issues not so reported will be the responsibility of Guest and may result in additional charges to Guest under the fee schedule at Host’s sole discretion.

All keys, fobs, access cards, or remotes (garage) for access to the unit, building, amenities, or parking area (as applicable) shall be immediately returned to Host upon completion of Guest’s stay in the Accommodations. Any key, fob, access card, or remote (garage) that is not returned at the time of checkout, will result in a charge. Guest will pay, without limitation or offset up to $200 per key, fob, access card, or remote (garage).

Host is not responsible for any vehicles, belongings, and other personal property that Guest or Guest’s licensees and invitees choose to bring into or use in or around the Accommodations and does not provide insurance for any such items. Guest is responsible for insurance of Guest’s personal property. Guest is responsible for all damage to the Accommodations and its contents during Guest’s stay. 

To the maximum extent permitted by law, Guest agrees to indemnify, defend, and hold Host harmless from any damage caused by Guest or Guest’s invitees, visitors, or guests to the Accommodations, the contents of the Accommodations, the Building or any of its common areas, and any personal injury or death suffered by Guest or Guest’s invitees, visitors, or guests to the extent such personal injury or death is determined by an appropriate authority not to have been a result of negligence or misconduct by Host, its shareholders, directors, officers, employees, agents, or representatives. Host shall not be responsible for any loss or damage suffered by Guest or Guest’s invitees, visitors, or guests due to interruption of utility services, essential services, fire, or other occurrence of a similar nature, provided, that, in the event any such interruption results in the Accommodations being rendered unusable through no fault of Guest or Guest’s invitees, visitors, or guests, Host shall refund to Guest the amount prepaid by Guest and not applicable to the period prior to the Accommodations becoming unusable.

To the maximum extent permitted by applicable law, Guest assumes all risk arising out of Guest’s access to the Accommodations. This shall mean it is Guest’s responsibility to investigate the Accommodations prior to use to confirm that it suit Guest’s needs and Guest willfully assumes any risk of illness, bodily injury, disability, or death that may be associated with its use of the Accommodations.

Guest’s use of any pool, pool floats, hot tubs, jacuzzis, spas, saunas, bikes, sleds, canoes, slides or any other equipment or amenity that may be within the Accommodations or available within the Building shall be at Guest’s sole risk and Guest hereby indemnifies Host and agrees to hold Host harmless from all claims, actions, costs and expenses, including reasonable attorneys’ fees, arising from any personal injury to the Guest or Guest’s invitees, visitors or guests, and Guest shall be solely responsible for any damage caused by Guest or Guest’s invitees, visitors or guests.

Host reserves the right to move Guest to a comparable accommodation in the Building or in another facility at any time should circumstances beyond Host’s control arise.

4.5 Dispute-Resolution & Waiver of Jury Trial. The Parties desire prompt, inexpensive, and efficient dispute resolution procedures and therefore agree to attempt to resolve through direct discussions all controversies, claims (and any related settlements), and matters in question arising out of or relating to (a) this Agreement, (b) any breach of or questions as to the interpretation of this Agreement, (c) any acts or omissions by either Party (and their officers, directors, employees, agents, subcontractors, or affiliated persons or entities, if any), and/or (d) any actual or purported express or implied representations or warranties relating to the Company or this Agreement (collectively, a “Dispute”). If the Parties desire to Mediate, the mediation must be conducted under the commercial mediation rules of the American Arbitration Association (the “AAA”). All Disputes not resolved by direct discussions and/or mediation must be submitted to a court of competent jurisdiction in the county and state in which the Accommodations are located for a bench trial. The Parties knowingly, intelligently, and voluntarily agree to waive their respective rights to a jury trial and agree that this provision constitutes prima facie evidence of the Party’s written consent to submit all Disputes to a bench trial.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be severable and the remainder of this Agreement shall not be affected and each remaining provision will be valid and enforceable to the fullest extent of the law.

In the event of any dispute arising out of or relating to this Agreement, whether or not litigation or another form of dispute resolution is commenced, Host shall be entitled to recover from the Guest its reasonable attorneys’ fees and costs incurred in resolving such dispute. 

Guest agrees (a) Host is allowed to charge Guest’s credit card on file without needing to obtain or produce a credit card slip bearing Guests original signature, (b) an electronic copy of this Agreement, along with an electronic record of Guest’s assent to this Agreement, may serve as an original credit card slip, and (c) Guest’s credit card authorization is irrevocable and will not terminate until 90 days after the end of Guest’s occupancy of the Accommodations.

This Agreement shall not be assigned, nor the premises sublet without the prior written consent of the Owner. Guest acknowledges that they will personally occupy the property for the entire lease or rental period and will not sublet any portion of the property. Violation of these terms shall give Owner the right to immediately evict Guest and terminate this Agreement, and Guest will forfeit any right of return of any monies paid to date including any security deposit. 

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, turret, loft area, bridges, hot tub and any and all other activities on the premises. 

Guest understands and agrees that they, and all members of their rental party will be respectful to our neighbors, including, driving slowly on the road to the property, not creating any noise (including music) which the neighbors can hear, especially in the evening and during the night. Any violation of this rental agreement and Guest will be required to leave immediately, with no refund for any unused rental time. 

The fireplace will get HOT so take precautions to keep children away from it when lit or when it is hot. 

The system is very effective; however, it will clog if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. Please use only the toilet tissue that is provided. If there is a clog in the system, Guest will be charged damages accordingly. 

Entire Agreement. This Agreement, along with the other agreements to which the Guest assented on the Booking Site in connection with booking the Accommodations, contains the entire agreement and understanding between Host and Guest with respect to the Accommodations and may not be superseded or changed by evidence of any prior, contemporaneous, or later oral agreement. This Agreement may not be amended except in writing executed by Host and Guest. The Agreement may be executed in two or more identical counterparts, each of which shall be deemed an original instrument enforceable against the party who executed it and all of which shall when taken together, constitute one and the same instrument. Electronic signatures and reproductions of “wet-ink” signatures sent by email, fax, or other electronic means shall be deemed originals. The persons executing this instrument each represent and warrant that they are duly authorized to execute and deliver this Agreement on behalf of the persons and entities they purport to represent.

Notices. All notices must be in writing and delivered to Host, Guest or their respective attorneys by email, commercial carrier, Regular US Mail, Return-Receipt Requested, or personal delivery. Each party may change its address for notice purposes by not less than ten days prior notice to the other parties.

Fee Schedule:

Unauthorized Late Check-Out: $100/hr after the standard checkout time

Smoking in Accommodations: $250 plus all costs to clean/restore the Accommodations

Extraordinary Cleaning: $100/hr for cleaning requiring more than 2 hours

Unauthorized Pets: $500 in each instance plus all costs to clean/restore the Accommodations

Broken/Missing Items: Varies depending upon the item and whether repair or replacement is required (as appropriate)

Missing Key / Wristband / Fob (if applicable): up to $200/key or fob; Parking hangtag: $25 /hangtag;  $25/wristband; Parking Remote: up to $200 /remote