Cuddle Up Cabin Rentals, Inc.

RENTAL AGREEMENT

Thank you for choosing Cuddle Up Cabin Rentals, we are here to assist you in making your trip to the beautiful North Georgia Mountains a memorable one! Please initial and sign as directed below to complete the Rental Agreement required on file for your upcoming stay.

TERMS AND CONDITIONS

The RENTAL AGREEMENT is a legally binding contract between Guests, Cuddle Up Cabin Rentals, Inc, and the homeowners. Cuddle Up Cabin Rentals, Inc (a/k/a Cuddle Up Cabin Rentals and CUCR), serves as an AGENT, representing homeowners of vacation rentals in the rental program. By signing the RENTAL AGREEMENT Guests state they have read, understood, and will abide by all rules and agreements set forth.

For $10. 00 and other valuable considerations, including but not limited to being allowed to stay at the home, Guest agrees and acknowledges the following:

INDEMNIFICATION: Guest hereby agree to hold Cuddle Up Cabin Rentals, Inc, its owners, employees and agents (individually and/or collectively as “CUCR”) and the homeowners, their employees and agents (individually and/or collectively as “homeowners”) harmless and indemnify them against any and all claims, damages, suits, causes or action of damages and costs and legal expenses of any nature thereof arising from injury to a person or property or loss of life sustained in or about the home and associated surrounding lands and streets (the “Premises”) by any person or persons whatsoever. Guest agrees that Cuddle Up Cabin Rentals, Inc and the homeowners shall not be liable for any personal injuries or damage to any goods, wares, or property regardless of how such injuries or damages may be caused. Guest assumes the risk of injury or other losses relating to any recreational activities and will hold owner and its agents harmless with respect thereto.

LEGAL JURISDICTION: This Agreement shall be construed, interpreted and the rights of the parties determined in accordance with and governed by the laws of the State of Georgia, without regard to conflicts of laws principles. It is expressly agreed and stipulated that this Agreement is deemed to have been made and to be performable in Fannin County, Georgia. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement, and/or related to a contract or tort claim shall be brought against any of the parties in the courts of the State of Georgia, County of Fannin, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. If Cuddle Up Cabin Rentals must obtain legal advice or counsel for any reason, including but not limited to collections or damage matters, Guest will be reasonable for all costs and expenses for same, including but not limited to reasonable attorneys’ fees.

BASIC RENTAL POLICIES

CANCELLATION POLICY: All reservations become binding upon CUCR receipt of the funds at the time of booking. Cancellation penalties apply to all reservations. Written documentation from Guest responsible for reservation is required to cancel a reservation. Certified letters may be mailed to: Cuddle Up Cabin Rentals, P. O. Box 760, McCaysville, Georgia 30555.

CUCR cancellation

Cancellation

Written documentation is required to cancel any reservation. Documentation must be submitted by the person who reserved the cabin and contain the transaction ID. Please mail all certified cancellation letters to: Cuddle Up Cabin Rentals, P. O. Box 760, McCaysville, or you may email your cancellation request to info@cuddleupcabinrentals. com.

No matter when you cancel, there is a financial penalty. If it is a last minute booking or you wish to cancel the same day you reserved a cabin, cancelation penalties will still apply. Cancelation penalties increase based on how quickly the date blocked out for your arrival is approaching. Cancellation policies are different and penalties higher for holiday reservations.

Non-Holiday Cancellations: If you have not booked holiday dates & you cancel more than 30 days before the beginning date blocked for your arrival, the penalty is $65. If you have not blocked holiday dates & you cancel 30-15 days away from the beginning date blocked for your arrival, the penalty is $300. If you have not blocked holiday dates & you cancel 14 or fewer days away from the beginning date blocked for your arrival, the penalty is the full cabin rental amount.

Holiday Cancellations: If you have booked holiday dates & you cancel more than 60 days before the beginning date blocked for your arrival, the penalty is $85. If you have booked holiday dates & you cancel 60-22 days away from the beginning date blocked for your arrival, the penalty is $300. If you have booked holiday dates & you cancel 21 or fewer days away from the beginning date blocked for your arrival, the penalty is the full cabin rental amount.

AGE & RESPONSIBILITY: The Guest entering into the rental agreement must be present during the entire stay. No person may enter into a rental agreement and allow persons under the age or 25 to occupy the property without the person signing the rental agreement being present for the duration of the rental. By signing this lease agreement Guest acknowledges they are 25 years of age or older.

TYPE OF USE: Properties are intended for short term residential vacation use. Rental agreements are unique to the Guest and may not be sublet or assigned to other persons. If a Guest misrepresents the use of a property (“misrepresentation” to be determined by CUCR) CUCR may order Guest to vacate the premises with no refund. CUCR welcomes families, couples, and responsible adults 25 years of age or older but will not accommodate group gatherings such as reunions, weddings, etc. CUCR does not rent to guest under 25 years of age or college groups. Each rental is limited to the maximum number of occupants noted on the website.

GROUP RENTALS: Group rentals are considered to be any rental where more than one property is reserved under a single Guest’s name or for a single group, church, business or other associated entity. Any group rental will require a minimum of two adults 25 years of age or over in each home for the duration of the rental. Additional deposits may be required for each home. Neighborhood watch fees, per home, may be assessed to the group during the period of the rental. Complaints about behavior and noise at any home may result in eviction of the entire group from all properties without refund. Guests responsible for group rentals will be liable for any damages or repairs.

TAX EXEMPT RESERVATIONS: Homes located in Tennessee can provide tax exemption on their nightly rate for Guests with a valid tax exempt certificate. (1) The reservation must be made in a group name (2) Payment must be made by a form of payment showing the group name (i. e. credit card or check with group name) (3) The group name on the tax-exempt certificate must match all of the above. Request for tax-exemption must be made at the time of booking.

All homes are NON-SMOKING. Certain properties (including but not limited to parking areas and decks) are also non-smoking. Failure to comply with non-smoking rules at a property will result in additional fees and cleaning expenses.

PETS: A limited number of “pet friendly” accommodations are available. Additional fees will apply. Our pet policy is strictly enforced and violation will result in immediate eviction, the forfeiture of entire reservation fee and a minimum fee of $300 for additional cleaning.

PET FRIENDLY RENTAL POLICIES:

Each owner determines whether to accept pets. CUCR cannot permit pets access to homes that are not deemed pet-friendly. All Pet friendly rentals are subject to a non-refundable pet fee. No dogs younger than 15 months are allowed. Guests agree to be in full control of their pets at all times and take full responsibility for their pets. No pet will be left unattended inside a home (including on a deck or screened porch) unless the animal is secured in a pet carrier. Pets must be completely house-broken, well behaved and pest free. Pets are not allowed on beds or furniture. No linens or bedding may be used for pets. Any pet excrement (inside or outside the home) shall be immediately cleaned up by the guest, deposited in a plastic bag and placed outside the home in a trash container. A minimum fee of $50. 00 will be charged for cleanup should a guest fail to comply with these requirements. Pets are NOT permitted in the hot tub. A minimum charge of $100 and the cost of a new hot tub filter will be charged for violation. All damage and cleanup expense to the home, grounds or furnishings (including linens), including but not limited to flea infestation, shall be charged to the guest. Guest acknowledges and agrees that the charging of damage and expense fees to their credit card are pre-authorized. The following are pet friendly cabins. If you do not see the cabin you booked listed, then it is not pet friendly.

Troutlandia, 2 dog max,no weight limit- $30

PAYMENTS: A $300 payment is required to secure a Guest reservation. If the planned arrival is within 14 days of booking date, payment in full is expected at the time of booking. Reminder of rental balance is automatically charged to the credit card on file on the due date noted on the reservation paperwork. Major credit cards and money orders are accepted.

TAXES: Will be added to all reservations and are subject to change with no notice to Guest.

PERSONAL PROPERTY DAMAGE PROTECTION: A fee is charged by and paid to CUCR and covers accidental (not intentional) damages to a maximum of $500. 00. Guest authorizes the charge of their credit card on file if intentional or excessive damage is discovered or additional cleaning is required after departure. Properties are inspected before and after all rentals, and Guest shall be responsible for any and all damage to a property (with the exception of accidental damage to a maximum of $500. 00), including but not limited to furnishings, household items, and personal property. Guest will be charged per item for the loss of any and all missing and damaged linens.

PROPERTY TRANSFER: Should the property selected by a Guest become unavailable through the sale of premises or other disposition or other circumstances beyond the reasonable control of CUCR, CUCR will do its best to transfer the reservation to the best available, comfortable accommodations. No guarantees are made as to an alternate property being available.

CONCIERGE & GUEST SERVICES: Concierge service providers are responsible for their own liability, refunds, or gift certificates, and CUCR will not be liable for same. CUCR is not responsible for incorrect information provided by a guest and communicated to a service provider. All concierge service charges are final and non-refundable. Excursions are reserved “as is” on the date and times requested by Guests. CUCR will not be held responsible for injuries, death, loss of personal effects, or late arrival of Guests to pre-reserved excursions.

PLANNING FOR CHECK IN:

What to Expect

Office Hours are: Mon-Fri 9am-5pm; Sat 9am-1pm, closed Sundays

CUCR offers 24/7 Vacation Assistance, with knowledgeable staff available in a local office Monday-Friday from 9:00am-5:00pm and Saturday 9:00am- 1:00pm as well as an afterhours emergency line for any emergency customer service issues that could arise after normal office hours.

Bed & Bath Linens:

Bed Linens- 1 appropriately sized sheet set per advertised sleeping area- 1 fitted sheet, 1 flat sheet, 2 pillow cases (1 pillow case for twin beds),

Bath Towels- 2 bath towels, 2 wash cloths, and 1 hand towel per guest

Kitchen Towels- 2 dishtowels, 2 wash cloths

NOTE: Guest will be charged for any linens from inventory above that are missing or damaged at the time of check out

Full access to advertised property amenities

Welcome Kit: Each guest welcome kit contains

· 1 rolls of toilet paper per bathroom

· 1 roll of paper towels

· 2 thirteen-gallon trash bags

· 1 dishwasher packet (for properties with dishwashers)

· 1 bar of soap for each bathroom sink

· 1 single use laundry detergent

Check-In time is any time after 4:00 p. m. Check-Out time is 11:00 a. m. the day of departure. Check in location is determined at the time of completion of required guest paperwork. We make every effort to ensure your property is ready by 4:00 p. m.

CHECK IN INSTRUCTIONS: Check in instructions are provided at check in and posted inside each property.

The property welcome book and postage signage should be reviewed immediately after Guest arrives at their property.

Within two hours of check-in at home, please report anything you find unsatisfactory so we may address any and all concerns. After the 2-hour window has passed, Guest is accepting the property "as is. ”

The After Hours Emergency Line is a voicemail-activated service. Please state your name, the home name where you are staying, and the nature of your problem in order for our staff to be notified of your problem. This line should only be used for emergencies, (i. e. no heat, no water, no air, power outage, severe leaks, smell of gas, or home lockouts).

Stocking your refrigerator will temporarily raise the temperature inside. Please allow several hours for the refrigerator to chill recently stocked food.

Rental homes do not heat or cool as quickly as traditional homes. Please adjust the thermostat to a reasonable temperature upon arrival and allow for several hours for the home to reach the desired temperature. Turning the thermostat down to a low setting during the summer to try to quickly cool the home will cause the HVAC unit to freeze and result in service calls billed to the Guest.

Guests should adjust the hot tub temperature upon arrival. Several hours will be required to reach the desired temperature. Chemicals used to treat the hot tub water may have a negative reaction with materials in makeup, jewelry, swimsuits, or the chemicals in dyed hair. There are health risks associated with the use of hot tubs. Guests with heart disease, diabetes. high or low blood pressure, or any serious illness and pregnant women should not enter the hot tub without consulting a physician. Guests with skin, ear, genital or other body infections, open sores or wounds should not use the hot tub. Shower with soap before and after each hot tub use.

Opening hot tub cover:

1-Unlatch all 4 corners or remove combo lock before opening the cover

2- Open hot tub cover

3- If tub has attached cover caddy with metal bar, fold cover in half and flip behind tub. Otherwise, remove cover and place behind tub

Please keep the hot tub cover on when not in use. The water in the hot tub will evaporate out from the spa and result in a drop in the water level which can damage the spa motor. The hot tub cover will break if it is used as a seat. If the hot tub cover is damaged during Guest’s stay, they will be charged for a replacement.

CUCR assumes no responsibility or injury for any occurrence associated with hot tub or swimming pool usage. Guest understands the health risks associated with the use of hot tubs and chooses to utilize the amenity at their sole risk and indemnifies home owner and CUCR for said use. Children near or in a hot tub must be attended at all times. Bromine floaters should be left in the hot tub at all times. Normal filter cycles of the hot tub should not be altered. Extended use of a hot tub and/or use by large group depletes sanitizing chemicals and leaves Guests vulnerable to infections. If any residue from bath products, food, alcohol, clothing, etc. is found in the hot tub, Guest will be charged an additional cleaning fee of not less than $100 plus the cost of a replacement spa filter. If hot tub water becomes cloudy or begins to omit an odor after use, Guest should not enter hot tub and should contact CUCR immediately. Guests will be charged for any repairs that result from draining hot tub, leaving cover off, or failure to report significant loss of water. Do not add soap or bubbles to pools or hot tubs. No refunds or rebates will be offered for mechanical failure of hot tubs.

All fireplaces are available for seasonal use only. Whether using a fireplace or an outdoor fireplace never leave open flames unattended. NEVER attempt to build a wood fueled fire in a gas log fireplace!

Wood Burning: If the home has an interior wood-burning fireplace an adequate amount of firewood for your stay is supplied. If you feel additional firewood is needed you may purchase it at any local convenience or grocery store. We do not provide kindling, Open the damper and fans and the central heat and air off to prevent smoke from being pulled in the home. Only dispose of ashes in the provided metal ash bucket. Start with a small fire and build up, DO NOT overload wood burning fireplaces. Never leave a fire burning unattended. Never use liquid accelerants or leave furniture too close to an open fireplace.

Gas Logs: The pilot light for the unit should be lit prior to your arrival. To use the gas fog fireplace (and depending on the home), you will either 1) select a time incremented button on a wall mounted remote to engage the fireplace for a specified time, 2) turn the unit on using “On/Off" switch on remote, or 3) turn the dial located on the front of the log set to the "On" position.

Moving any of the logs could result in carbon monoxide poisoning! Do not move or tamper with the gas logs or put anything in the fireplace,

Please keep in mind that your home has neighbors. Keep the noise level to a minimum. Quiet time is 11:00 pm - 9:00 am.

If weather forecasts indicate snow, sleet, or freezing rain during your stay, we strongly recommend you stock up on extra groceries and toiletries (trash bags, extra flashlights, non-perishable foods, bottled water, toilet paper, diapers, medication) before departing to the home. Watch local weather reports - Chattanooga stations are typically more accurate for our area than Atlanta.

VEHICLE ACCESS: Most properties are easily accessed in standard vehicles. Guests may not be able to access properties with trailers, U-Hauls, motor homes, or on motorcycles. Guest should verify property access and parking before booking.

LOST GUESTS: CUCR provides detailed turn by turn directions to Guest for their property. Guests should NOT use their GPS to attempt to locate the property. No refunds or rebates will be offered if Guest cannot find rented property or rental office using provided directions.

YOUR TIME IN THE HOME:

REPAIRS DURING RENTAL PERIODS: Even the best or newest equipment occasionally malfunctions and cannot be guaranteed 100% of the time. CUCR makes every attempt to make sure the property selected is in good working order before Guests arrive. Guests are responsible for reporting any issues dealing with that home within 2 hours of arriving. All maintenance problems MUST be reported and documented so they can be handled in a timely and professional manner. CUCR, an authorized contractor, or employee may enter properties at a reasonable time for the purpose of making repairs or for routine maintenance.

GUEST SERVICE CALL: If a technician responds to a Guest maintenance request, finds all equipment is in working order and determines the problem was due to the Guest oversight or neglect, the charge for service will be billed to the Guest credit card. MINIMUM SERVICE CALL FEES START AT $35. 00.

REFUNDS: Despite our best efforts some things are out of our control. The advertised rental rate will not be adjusted due to:

· Malfunction of equipment including: HVAC, well system, property appliance (hot tub, electrical breakers tripping power supply etc. ), AV equipment (cable and satellite service and boxes, internet routers etc. ), and game room equipment.

· Acts of nature or God including: inclement weather (falling trees, flooding, etc. ), power outages

· General conditions beyond CUCR or Owner’s control including: road maintenance or repair, gas shortages, water or other utility services or construction noise.

· CUCR is not responsible for individual community amenities such as scheduled pool and spa closures, etc.

· Wildlife encounters including, bear, deer, turkey, ladybugs, carpenter bees, wasps, scorpions, snakes, ticks, ants, chiggers, squirrels, mice, etc. Please pack plenty of bug repellent, refrain from using scented lotions and perfumes and dress accordingly.

Neither CUCR nor the home owner will be liable for any damages to Guest’s personal property.

GUEST CONDUCT:

FIREWORKS, FIREARMS, AIR SOFT GUNS, ATVS ARE STRICTLY PROHIBITED. Evidence of use will result in a minimum fine of $500 and Guest is responsible for damages associated.

NOISE: Most neighborhoods have noise ordinances and quiet times are from 11pm to 9am. All speed limits should be followed in neighborhoods. CUCR reserves the right to terminate rentals, ask disruptive guests to vacate, and with no refunds given. If a police call is required as a result of noise, nuisance, trash, underage drinking, parking, over occupancy or for any other reason, CUCR may declare the rental terminate and no refund will be made.

ELECTRONIC DEVICES: If any of the televisions, cable boxes, internet modems or gaming consoles are disconnected or the internet network name or password is altered or the setup of the AV equipment is disrupted by Guest actions, there will be a minimum charge of $45.

LOCKED STORAGE: Properties may have multiple locked closets or storage areas for owner’s personal use and/or housekeeping supplies. Locked areas are not included in the property rental and tampering with locks will result in repairs and replacement costs assessed to guest.

AMENITIES

DÉCOR: All rental accommodations are furnished and decorated to the Owner’s individual tastes. Furniture and accessories are subject to change as owners update their properties. Property furnishings should not be moved, and guest will be charged to move furniture back and any maintenance or repair costs that result.

SEASONAL INTERIOR GAS LOG & WOOD BURNING FIREPLACES: Interior fireplaces are available for seasonal use only in many, but not all properties. Fireplaces should never be used to cook or roast any item.

FIRE PITS & OUTDOOR FIREPLACES: Outdoor fire features may be used year round. Guests must provide all firewood for outdoor fire features. If a Guest builds a campfire or fire pit area at a property that does not already offer one, they will at minimum be charged to dismantle the feature. Any firewood left at the properties by CUCR or owners is for interior fireplace use and cannot be used in fire pits.

TELEPHONES: Property land lines have long distance blocks and due to mountainous terrain cell phone coverage can be unreliable.

TELEVISION PACKAGES: CUCR cannot guarantee specific channel availability or change homeowners selected programming package. Most properties offer basic programming packages and have complete or rating based blocks on PPV. Guests will be charged for any PPV programs viewed during their stay.

INTERNET: All network and password information for properties is provided on check in paperwork and inside home. Some properties have data plan usage limits in place. CUCR cannot guarantee device compatibility or prevent internet service failure. Using internet to stream movies at properties with usage limits will result in additional charges to the guest credit card. No refunds or compensation will be given for internet failure or device incompatibility.

Home Owner and CUCR reserve the right to block, suspend, or terminate internet access at any time for any reason including, but not limited to, violation of acceptable terms of use, overage of contracted data usage, or violation of applicable laws or regulations.

GYM AND WATER ACTIVITY RELEASE AND WAIVER OF LIABILITY: Guest understands swimming and use of gym equipment are inherently dangerous activities, and can result in illness, serious bodily injury or death. Under no circumstances should any child under the age of 16 be allowed near a hot tub, swimming pool or gym equipment without adequate adult supervision. Safety life jackets are strongly recommended for all water activities and under no circumstances should any person, adult or child, be allowed in a pool, creek, or river without a safety life jacket. There shall be NO DIVING, NO JUMPING, NO ALCOHOLIC BEVERAGES, NO GLASS AND NO FOOD NEAR POOL AND WATER ACCESS AREAS AND GYMS. NO PETS SHALL BE ALLOWED IN SWIMMING POOLS OR HOT TUBS!!!! Guest uses the pool and/or hot tub and/or gym at their own risk, and on behalf of themselves and all guests, invitees and agents, hereby releases and forever discharges CUCR and all owners of property from and against any and all liability or responsibility for claims, damages, causes of action or other suits whether based in law or equity in or contract any illness, bodily injury, bodily injury, personal injury, or death as a result of using the gym equipment,. hot tub, swimming pool, water access or on the premises on which said feature is located.

FISHING

All fishing is catch and release. Guest acknowledges and understands that they are to use a barbless single hook, artificial flies and lures. Live bait such as salmon eggs and sweet corn is prohibited.

CHECK OUT: Check-Out time is 11:00 a. m. the day of departure. Late check out requests are not guaranteed.

CHECK OUT INSTRUCTIONS: Check-out instructions are provided at check in and posted inside each property.

Please do not wash home linens before departure. All home linens are handled by a professional linen service.

Please follow the following steps to ensure an accurate tally of linens is made upon your departure:

Leave dirty bed linens on beds and fold the quilt of comforter down to indicate the bed has been used.

Leave dirty bath linens hanging in bathrooms

Leave dirty kitchen linens in kitchen

Guest will be charged for any linens that are missing or damaged at the time of check out

Check dresser drawers and outlets for cell phone, camera, and game system chargers.

All trash should be bagged and left inside the exterior trash bin, DO NOT leave food or trash scattered throughout home.

Bagged trash inside bin should be deposited in a garbage can with the lid attached. A minimum $75 fine per trash can will be charged for each can of loose or unbagged trash found inside or outside the home upon departure.

Load dishwasher with all dirty dishes, fill the dispenser with detergent and turn the dishwasher on. If your property does not have a dishwasher, please make sure no dirty dishes are left.

Unplug coffeemaker and toaster

Unless otherwise posted please set the thermostat to (Summer) 80 degrees and (Winter) 60 degrees.

Verify all interior and exterior lights have been turned off.

Verify all windows, doors, sliding doors and French doors are locked.

Leave all gate and pool passes (if any) where instructed.

Either leave the gas logs in the pilot position or verify any wood left in a wood-burning fireplace is no longer burning.

Ensure the cover is on grill and that the grill has been brushed with brush provided.

Failure to complete required check out steps or the loss of pool and gate passes will result in an additional charges.

CLEANING FEE: Cleaning fees are structured to cover the cost of a standard departure clean. Guests must follow all check-out policies. Leaving a property or hot tub in an unsanitary condition will result in additional cleaning charges (which may be higher during holiday or peak seasons).

LOST AND FOUND: Lock all doors when you leave your accommodations. Do not leave money or valuables unattended in the property. CUCR and owner will not be held accountable or liable for any thefts. Items left behind will be returned only upon request. Forgotten items may be shipped back to guest for the cost of shipping, plus a minimum $25 fee and all unclaimed items are discarded after 30 days.