VACATION RENTAL LEASE FOR 286 Access Dr., McGaheysville, VA 22840 Check in: 4pm Check out: 10am Due to our cleaning company needing access to the home at 10:00am SHARP (unless previously approved by Vacay Away), if you have not departed as of 10:00am, a $200 fee will be collected from your security deposit and or charged to your account. This rental agreement is entered into by and between the renter, hereinafter referred to as the “TENANT(S)” & Vacay Away, LLC hereinafter, referred to as the “OWNER”. This agreement constitutes a contract between the TENANT(S) and OWNER. Please read this vacation rental lease agreement thoroughly. Any money received by the owner for occupancy of vacation property indicates acceptance of the terms and conditions of this Vacation Rental Lease agreement. It is the responsibility of the TENANT(S) to be familiar with all the policies within this agreement. This occupancy will be in the form of a Vacation Rental only and not constitute a permanent or primary residency or other residency. Rental Physical Address: 286 Access Dr McGaheysville VA 22840 MAXIMUM OCCUPANCY: The maximum number of overnight guests for the Treetops Retreat is limited to twelve (12) persons. The maximum occupancy for this property shall not exceed twelve (12) persons at any time. If TENANT exceeds the maximum occupancy, TENANT(S) and any and all of their guests are subject to immediate removal and forfeiture of their security deposit and rental payment. All of rental amount and deposit is due 30 days prior to arrival. The deposit and rental amount have been paid to confirm the reservation. 3. To use and occupy the Premises for short term vacation purposes only, and for no other object or purposes without prior written consent of Owner, and to not use the Premises for any unlawful purpose or any purpose deemed extra hazardous. 4. Air conditioning is adjustable by guest. However, the AC should never be set below 70 degrees and the heat should never be set above 75 degrees. This may cause undue stress on the AC unit which may result in repairs that are the responsibility of guest. 5. To permit Owner and Owner’s agents to enter on the Premises at reasonable hours for the purpose of examining or exhibiting the Premises or for making such repairs or alterations as may be necessary for its safety or preservation. If any needs arise for repairs, contact should be made with the Owner’s agent. 6. Not to assign this Lease or sublet the Premises or any portion thereof without prior written consent of the Owner. Under no circumstances should either the number of Guests/occupants or cars parked exceed the number stated above. 7. The Lease may be terminated by Owner in the event of the breach of any of the agreements of Guest herein contained in which case Owner may, to the extent permitted by law, reenter on the Premises and immediately thereon, this Lease shall terminate. In this event, no refund of deposits or rental fee is required. 8. The Guest agrees to observe and comply with all rules, regulations, and laws applicable to the Premises. The Guest agrees to observe and to ensure compliance with the rules and regulations Owner makes for the safety, care and cleanliness of the Premises as well as the comfort, quiet, and convenience of those nearby the premises. This includes the attached rental addendum and standard rules of conduct in a residential community. There are many permanent residents in Massanutten. Proper conduct is expected at all times. 9. Failure of the Owner to insist on the strict performance of the terms, agreements and conditions herein contained, or any of them, shall not constitute or be construed as a waiver or relinquishment of Owner’s right thereafter to enforce any such term, agreement or condition, but the same shall continue in full force and effect. SMOKING: This is a NON-SMOKING home. No smoking is allowed inside the home whatsoever. Any tenant or their guests not adhering to the NO SMOKING policy will result in automatic forfeiture of their security deposit. PETS: Dogs are permitted only with prior approval of the owner and completion of the Pet Addendum to the lease. No other pets or animals other than those specified on the Pet Addendum are allowed on the property at any time and violation of this policy will result in automatic forfeiture of security deposit. There is a $35 pet fee, per pet, per night. RENTAL RULES: TENANT(S) agrees to abide by the RENTAL RULES attached as addendum A at all times while at the property and shall cause all members of the rental party and anyone else TENANT(S) permits on the property to abide by the following rules at all times while on the property. DAMAGE/RESERVATION DEPOSIT: A damage/reservation deposit of $300 is required. This must be received at time of booking the reservation. The Deposit will be held by HOMEAWAY until 14 days after departure which at that point, will be returned to the card used to make the deposit payment. The damage/reservation deposit automatically converts to a security/damage deposit upon arrival. The security deposit is not applied towards rent; however, is fully refundable provided the following provisions are met: a) No damage is done to the property, or its contents, beyond normal wear and tear b) No charges are incurred due to smoking, pets, occupancy rules, or collection of rents or services rendered during your stay c) No excessive cleaning required. All debris and trash is removed from the property and taken to the public dumpsters located on Peak Drive, McGaheysville, VA. d) No excessive utility charges are incurred e) No linens, towels, bikes, chairs, or personal items of Fireside Lodge are lost, stolen, or damaged f) Departure instructions were followed to entirety g) Hot tub has been properly used PLEASE NOTE: IF YOUR RESERVATION WAS BOOKED THROUGH AIRBNB, NO DAMAGE DEPOSIT WAS COLLECTED AT THE TIME OF YOUR BOOKING. THE OWNERS DO RESERVE THE RIGHT TO COLLECT A DAMAGE DEPOSIT IF ANY OF THE ABOVE PROVISIONS (A-G) ARE NOT MET. Charges will be subtracted from your security deposit if additional cleaning is required to remove pet hair, odors or waste from the house and property. If house, pool, or property requires additional cleaning, charges will be subtracted from your security deposit at the cleaning rate of $50 per hour. CANCELLATIONS: A sixty (60) day notice in writing is required for a full refund. Cancellations that are made less than sixty (60) days prior to check-in date will forfeit full damage/reservation deposit will refund of any other pre-paid rental amount received. Cancellation or changes that result in a shortened stay or are made within thirty (30) days of check-in date, forfeit the full advance payment and reservation deposit received. Cancellation or early departure does not warrant any refund of rent or deposit. ACTS OF GOD: Neither owner or agent shall be liable for events beyond their control which may interfere with the guest(s) occupancy, including but not limited to, acts of God, acts of governmental agencies, fire, strikes, war, or inclement weather. We do not refund or transfer your booking in the event of a Natural Disaster or an Act of God. If you are concerned about this risk for your travels, please look into securing a travel protection plan that will cover you for such events. Especially during the months of September-November as Hurricane season sets in. ASSUMED RISKS: TENANT(S) assume all risks related to the use of the hot tub including illness and injury. No children under the age of 12 is permitted in the hot tub at any time. When using the hot tub, remember there is a certain health risk associated with this facility. Use at your own risk. Hot tub covers are for insulation purposes and are not designed to support a person or persons. DO NOT STAND ON THE HOT TUB COVER, it will break, and you will be charged for replacement. Remember when not using the hot tub, leave cover on so hot tub will stay warm. This is a privately-owned home; the owners are not responsible for any accidents, injuries, or illness that occurs while on the premises or its facilities. The homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. ROAD AND ROAD CONDITIONS: OWNER, is not responsible for adverse road conditions that may impede access to Treetops Retreat. MECHANICAL FAILURES: OWNER does not guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, hot tub/pool, audio visual equipment, internet access, television or appliances. Please report any inoperative equipment immediately. OWNER will make every effort to have repairs done quickly and completely. No refunds or rent reductions will be made due to failure of these items. RENTAL ASSIGNMENT CLAUSE: OWNER reserves the right to require you to change rental properties without liability if the rental property is unavailable or uninhabitable. ACCESSIBILITY: TENANT(S) to allow access to Owner, Owner’s agents, Contractors, and other personnel to enter on the premises at reasonable hours for the purpose of examining or exhibiting the Premises or for making such repairs or alterations as may be necessary for its safety or preservation. If any needs arise for repairs, contact should be made with the Owner’s agent. LISTING INFORMATION: Information regarding the rental property is believed to be accurate but cannot be guaranteed. Particular furnishings and amenities are subject to change without notice. POOL PASS: There is a pool pass available for your groups’ use during your stay (Summer months). The pool pass is required to be granted admission into the pool. Upon departure, the pool pass needs to be returned to the refrigerator. If the pool pass is lost, there will be $200 fee that will be taken out of your deposit. All guests are responsible for removing their trash upon departure. Failure to do so will result in $150 trash removal fee. There are public dumpsters throughout the resort where the trash can be emptied. NO TRASH IS TO BE PUT IN NEIGHBORS TRASH CONTAINERS! If any trash is put in the neighbors covered street containers, there will be a $150 charge taken from your security deposit. For the safety of guests and residents at the resort, all guests must be parked completely off the road. The Massanutten Police Dept. will ticket any guest that parks with tires on the road. We ask that guests use our designated parking area and driveway for your vehicles. There is also free public parking areas that you can park additional vehicles. There is a maximum of 4 cars for Treetops Retreat *If you are bringing a pet along, please inform us so we can charge you accordingly and please review the following addendum... PET ADDENDUM (In Conjunction with Vacation Rental Lease) Pet Deposit/Fee: $35/night, per pet. This addendum is made between Owner and Tenant joint and severally, who have agreed to modify the Short Term Lease between Owner and Tenant. PERMISSION: Owner grants permission to tenant to keep his or her pet/pets, and no others, on the premises subject to the terms and conditions of the short-term lease. Owner may revoke permission at any time if tenant fails to comply with any of the terms of the addendum or the lease. PET DEPOSIT/FEE: Tenant has paid a pet fee for the faithful performance of all terms and conditions of the lease and addendum, including but not limited to, the return of the premises in good and clean condition, free of pet damage and flea and other pest infestation, at the end of the lease term. Tenant has paid a pet fee which is non-refundable to induce Owner to grant permission for the pet. Tenant understands that the pet fee will not be refunded, even if the pet is subsequently removed from the premises of if there is no damage to the property at the end of the term. PET CONTROL: Tenant agrees to keep the pet in accordance with all the applicable laws and ordinances, including keep pet current on all immunizations, and leashing the pet when outdoors. Tenant shall promptly remove and dispose of all pet waste, and shall not curb the pet on shrubbery, flowers, or small trees. Tenant shall not permit the pet to bark, howl, or otherwise emit noises in such a level, frequency, or time as to disturb others. Absolutely no pets are allowed that are vicious or threatening, that have bit or attacked other pets or persons in the past. Tenant shall not leave the pet on the premises unattended for any period unless crated. CONDITION OF PREMISES: Tenant shall be responsible for all damage caused by the Pet on the premises, including all repairs and replacements considered appropriate by the Owner. Tenant is responsible for dormant infestation and latent pet odor (including extermination costs and carpet cleaning, floor refinishing if necessary). ADDITIONAL ENTRY RIGHTS: In addition to Owners rights under the lease, if Owner receives any complaint regarding the pet or otherwise has reason to believe that a violation regarding the pet has occurred, Owner has the right to ask the Pet to be removed from the property. ________________________________________________________________________________________________________ If you plan to use our River Equipment and Access Point, Please review the following... RELEASE OF LIABILITY Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgement may be entered upon it by any court having proper jurisdiction. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY "AGREEING TO THE TERMS", I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.