RENTAL AGREEMENT
(When you rent one of our cabins you are agreeing to the following terms)

1. AGE REQUIREMENT: Primary renter must be 25 years old to rent our cabin(s). We do not rent to sororities, fraternities, college or high school groups. Large groups of unrelated guests must get prior approval. Occasionally we grant exceptions. message us.

2. PAYMENTS: To make a reservation we require 1/3 of the total rental amount down on a credit card and the balance will be charged automatically 30 days before your scheduled arrival with the credit card on file unless other arrangements are made.
Reservations will be canceled for failure to pay the balance after 2 days late and the cabin put back on the calendar and advertised for rent to another party.

3. TRAVEL INSURANCE/CANCELLATIONS: We do not give refunds or allow rescheduling of dates for inclement weather (snow, tornado, earthquake, etc.), power outages, disruptions to amenities, Acts of God, accidental damage, accidents, injuries, break downs, medical emergencies, no shows and or early departures for any reason, or any other unforeseen circumstances beyond our control, we strongly recommend a company that provides travel protection/insurance, this will protect your investment. Get online quote here https://www. squaremouth. com/ or contact your local insurance provider for details.

The fee to cancel is equal to 1/3 of the total rental amount (same as your 1st payment if you are outside of 30 days before your arrival). Cancellation requests received 30 days or less, prior to the arrival date, will be responsible for the entire rental amount. (no refund is given if you cancel less than 30 days before your reservation date)

4. SECURITY DEPOSIT: Our cabins require a refundable security deposit (see details in the quote). The security deposit is refunded after your stay once the cabin has been inspected for damages and the condition of the cabin and property. Nelco Properties LLC and the owners reserve the right keep the security deposit and if any damages incurred by tenant exceed the amount of the security deposit to charge the tenants credit card for any additional cost for damages and or for violation of this rental agreement.

5. CHECK-IN TIMES: Check in time is at 4 pm. On certain days/times of year the cleaning crew is very busy. They do their very best to have every cabin ready by 4 pm. Every effort will be made to have your cabin ready by 4 pm, but we do not give refunds or compensation if it is not ready on time. Likewise, it may be possible that your cabin is ready early and we would be happy to allow early check in up to 2 hours early if possible (please contact our office on the afternoon of your arrival to see if your cabin is ready to check in early).

6. CHECK-OUT TIMES: Check out is before 10 am. Late check outs must be approved at a minimum of 24 hours before departure and a non refundable fee of $50 per hour paid for late check outs. We reserve the right to charge you account if you do not check out on time.

7. DEPARTURE: Before you depart, leave the beds unmade. Put soiled towels & linens in the bath tub. Wash dishes or run dishwasher. Leave trash in trash can provided, dumpster, or in the kitchen. Lock doors and windows. Return furnishings to where they were when you checked in. Leave televisions in a connected/wired/programed fashion to local channels. Leave the remote on a nearby table. Please leave the property/cabin and grounds in the condition that you found it. Violating this rule may result in an extra charge to the guest(s).

8. CLEANING FEE: The cleaning fee is for normal cleaning. In the rare event that the cabin requires excessive cleaning, this will result in extra charges to the credit card we have on file. To avoid extra charges please pick up and bag all trash and put it in the trash can(s) provided or if the trash can(s) are full please leave any other bagged trash that is not leaking in the kitchen. Clean all used dishes, make sure to clean the BBQ grill if it were used and please leave the cabin in a respectable manner. Your respect and cooperation are greatly appreciated!

9. SMOKING: All cabins are Non-smoking. You may smoke outdoors only if you safely distinguish smoking material and pick up and dispose of your cigarette butts.
Smoking in the cabin is considered cabin abuse and you will be billed for a complete cleaning and deodorizing of the cabin if there is any kind of smoke odor that has to be deodorized, minimum fee for this is $500.

10. PETS: DOGS ARE ONLY ALLOWED AT TRACE OF HEAVEN IF APPROVED AND WITH PAID PET FEE. MAXIMUM 2 DOGS. MAXIMUM WEIGHT 75 LBS. NO PETS ALLOWED AT PARADISE VIEW OR LONESOME PINE LODGE. 

Guest(s) is/are responsible for disposing of all their pet waste generated during their stay. Guest(s) will be charged $50/hour to clean up any pet waste this is not disposed of prior to departure.

Pets brought by guests that are not approved at time of reservation will be subject to additional charges covering the cost to clean and or repair any damages caused, and we also reserve the right to ask you to leave the property without refund. Violating this rule will result in an extra charge to the guest(s).

11. PARTY POLICY: We do not allow parties of any kind. We reserve the right to ask anyone to leave any property without notice or refund for having a party. Violating this rule may result in an extra charge to the guest(s).

12. VISITORS: Non-paying guests are not allowed unless permission is granted. (If your reservation was made for 2 guests then no more than 2 guests are allowed at the cabin) Violating this rule may result in an extra charge to the guest(s).

13. IMPROPER USE OF PROPERTY: We reserve the right to ask anyone to leave our cabin/property without notice or refund for any kind of improper use of the cabin/property including partying, excessive noise, excessive drinking, the use of illegal drugs, and or any other violation of this rental agreement. Abusing our vacation home is not allowed and we reserve the right to bill your account for repairs, damages, or loss caused that is outside of normal wear and tear. Violating this rule may result in an extra charge to the guest(s).

14. ACCESSIBILITY: It may be necessary on occasion for us to gain entry into the property during your stay (for example: scheduled pest control) We, our representatives and/or maintenance personnel reserve the right to visit the property if necessary. We promise to keep this to an absolute minimum.

15. FIRE WORKS: Shooting or Possessing Fire Works at any of our cabins/property is prohibited. Violating this rule may result in an extra charge to the guest(s).

16. HOT TUB: Please keep the hot tub covered when not in use. You must read and follow all directions and safety procedures for using the hot tubs that are posted near the tub or in the cabin book.
Do not sit, stand on or damage hot tub covers. (broken hot tub covers are $500 CHARGED TO THE GUEST(s))

17. POOL TABLES AND ARCADE GAMES: Never attempt to move a pool table and/or arcade game. You will be responsible for the costs to repair, move, or replace the pool table and/or arcade game.

18. AIR CONDITIONER: Do not use the Air Conditioner or Furnace with the windows or doors open. Do not use the Fireplace & Air Conditioner at the same time. This is a waste of gas and electricity, possibly causing the unit to freeze and will likely cause permanent damage to the unit leaving you without heat or air condition for duration of your stay. Please be responsible. Violating this rule may result in an extra charge to the guest(s).

19. FIREPLACES: All fireplaces are seasonal. Dependent on weather, fireplaces are turned on in November and turned off in March. All fireplaces are on a timer and the pilot will be lit upon your arrival. Do not attempt to light, adjust, move logs or cook on fireplace. Violating this rule may result in an extra charge to the guest(s).

20. FIRE PIT: If your cabin has a fire pit, (if your cabin does not have a fire pit do not attempt to make one) please use caution when lighting a fire. Do not scrounge the nearby woods for fire wood. Fire wood should be purchased from a local vender. Fires need to be fully extinguished when not being supervised. Unexpected high winds at night are not uncommon. You are responsible if you start a forest fire. Please use extreme caution. Violating this rule may result in an extra charge to the guest(s).

21. WILDLIFE/PESTS: Welcome to the Smoky Mountains! We do have wild animals in the woods. Insects and pests are not uncommon in the mountains either. Each property/cabin is routinely inspected and treated for insects and pests. Do not leave doors or windows open. Do not leave food out on the counter. Do not leave food outside or in your car and it is good practice to keep your car and cabin doors locked. Do not encourage insects, pests, or wild animals. If you happen to experience a pest during your stay we are happy to send pest control ASAP to address it, however no compensation will be given for experiencing a pest during your stay. Please help us maintain the cabin for future guests.

22. LIMITS OF LIABILITY: By renting this cabin/property and E-signing this document you are assuming all risk and liability for any damage, loss, or injury done to persons, property, agents, employees or visitors occasioned by the present or future condition of the premises, both latent and manifest. Nelco Properties LLC, the owners, their employee’s and or contractors are not responsible for any loss due to theft, items left behind, accidents or injuries to guests or visitors due to negligence or lack of personal responsibility.

23. ATTORNEY COSTS: If Nelco Properties LLC or its owners, or any other property owner/manager of any cabin/property are to employ the services of an attorney to enforce any of the conditions of this agreement to collect amounts due, damages or losses, then the tenant shall be liable for attorney fees and costs incurred by them.

24. This property is privately owned. 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(s). 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 the premises.

25. Road Conditions: During some months, road conditions may require 4-wheel drive vehicles. No refunds will be given due to inability to reach cabin due to road conditions.

26. Do not move the furnishings, accessories, or linens from the cabin for any reason, or you will be charged. Do not move or disconnect wi-fi router, DVD player or cable boxes or you will be charged.

THANK YOU! Your respect and cooperation is greatly appreciated!

AGREEMENT AND RELEASE OF CLAIMS FOR USE OF HOT TUB AT Nelco Properties LLC(DBA: Smoky Retreats) VACATION RENTAL PROPERTY “Trace of Heaven”:

The primary guest (the person making the reservation and staying as a guest of Nelco Properties LLC) must sign this Release before receiving entry into the property. This agreement and release applies to the primary guests as well as any and all registered and invited guests and their guests, regardless of reservation status and/or age.

The booking guest agrees to use the hot tub in a proper way (basically, sitting in it and enjoying it) and to pay for any and all repair charges for any and all damage caused by the guest, their significant other, their children, and/or the guests’ family members, guests, and/or invitees and their children. The booking guest also agrees to accept all responsibility and liability for the above-mentioned persons (hereinafter all referred to collectively as the “Guests”).

Guests agree TO WAIVE ANY AND ALL CLAIMS that they have or may have in the future against the owners, managers, employees, agents, or representatives (hereinafter referred to as the “Releasees”) relating to their stay and use of the hot tub.

Guests accept all liability and agree to use extreme caution and care during their stay at “Trace of Heaven”. They assume all liabilities and waive any and all rights from Releasees of the property, owners, and business renting “Trace of Heaven” in terms of the hot tub and safety of the hot tub. Guests alone are responsible for any persons, including minors and children, being injured or harmed in any way, including death or drowning.

Releasees promises to have the Hot Tub in good working condition and to keep the hot tub chemically balanced. Nelco Properties LLC uses a maintenance service that uses chemicals to ensure the cleanliness of our hot tub and to keep it in proper running condition. When a guest departs, we may SHOCK or chemically balance the hot tub to get it ready for the next guest. It is normal to see white particles in the water which is the bromide sanitizing.

The guests further agree that all above-mentioned persons will follow these hot tub rules:

Rule #1 Be clean before entering the hot tub. Shower and clean your feet before each use when entering the hot tub. Wash off all lotions and sun protection along with any hair products.

Rule #2 Don’t add anything to the hot tub. NO OILS, NO SOAPS, NO BUBBLE BATH, NO OTHER LIQUIDS OR ANY OTHER TYPE OF HARMFUL MATERIALS shall be added to or used in the hot tub.

Rule #3 No glass products whatsoever are allowed in or around the hot tub. Keep drinks and bottles away from the hot tub.

Rule #4 Don’t use the hot tub while under the influence or impaired. These increase the risks of drowning and/or accidents.

Rule #5 No children in the hot tub. Children’s body temperatures cannot regulate the extreme temperatures of a hot tub. Hot tubs are dangerous for kids in every way. SUPERVISE YOUR CHILDREN AT ALL TIMES DURING YOUR STAY.

Rule #6 Keep the cover on the hot tub at all times when not in use. Carefully remove and replace cover so as not to damage it. Don’t set thing on the cover.

NOTICES AND OTHER GUIDELINES TO BE AWARE OF:

YOU ARE USING THE HOT TUB AT YOUR OWN RISK.
PREGNANT WOMEN, PERSONS WITH HEART DISEASE, DIABETES OR HIGH BLOOD PRESSURE PROBLEMS AND ELDERLY PEOPLE SHOULD NOT USE A HOT TUB OR SPA WITHOUT A DOCTOR’S PERMISSION.
HOT TUB TEMPERATURES CANNOT BY LAW EXCEED 104 DEGREES.
NEVER USE A HOT TUB OR SPA ALONE.
LIMIT TIME IN THE HOT TUB OR SPA TO NO MORE THAN 15 MINUTES.

If any items such as soaps, bath products, food, alcohol, etc. are found in the tub, Guests will be charged a cleaning fee of $100 or the cost of cleaning. If the Guests damage the hot tub, the booking guest accepts full responsibility and will pay for all damages and repairs.

Damage to the hot tub cover will result in a $500 replacement charge or true cost of replacement. Cover should remain on the hot tub at all times when not in use.

Guests agree that there will be no horseplay in the hot tub as well as not to sit on, jump on, or misuse the hot tub or its cover in any manner.
Guests authorize Releasees, including booking platform, to charge their credit card for any of the above charges (no checks accepted).
We do not charge an extra fee for the hot tub. Guests agree that if they choose not to use the Hot Tub, no money is refundable.

Guests agree that within 60 minutes of arrival, the guests will report any problems with the hot tub to the Releasees directly.

The Guests further agree to defend, indemnify and hold harmless Airbnb or other booking platform and all Releasees from any and all claims, damages liabilities, or losses whatsoever arising out of or in any way associated with the Guests’ use of the tub, including but not limited to death, personal injury, or property damage. Staying in this property with a private hot tub involves risks. Guests accept those risks and the risks for the minors in their care.
The agreement and release are hereby incorporated into and made a part of any other agreement between the booking guest and owners/managers of “Trace of Heaven”. In the event legal action is commenced to interpret or enforce the terms of this agreement, all costs, whether incurred during litigation, at trial, or on appeal, will be paid for by the Booking Guest.

Guests acknowledge and represent that they have read the terms hereof and understands the legal effect of their reservation.

I have read and agree with the terms of this release. I also recognize and fully understand certain things, including:
• No lifeguard will be on duty.
• My use of the hot tub and having a hot tub on site involves certain risks, including: The risk of injury resulting from possible malfunction of the pool equipment; The risk of injuries resulting from tripping or falling on wet surfaces or over obstacles in the hot tub area; Risk of injuries.

I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming. By staying at “Trace of Heaven”, I hereby agree to the conditions below. I fully intend and choose to give up the legal rights, as stated below:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the owners, managers, employees, agents, or representatives (the “Releasees”) relating to my stay and use of the hot tub;

2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my next of kin may suffer in connection with my stay and use of the hot tub;

3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury to, any third party, resulting from my stay and use of the hot tub;

4. That I am over the age of 18;

5. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, and my heirs, next of kin, executors, administrators, and assigns, or anyone else authorized to act on my behalf or on behalf of my estate.
I will follow all rules and guidelines and I take responsibility for all “Guests” doing the same.

I AM FULLY AWARE THAT THE HIGH WATER TEMPERATURE IN A HOT TUB OR SPA WILL ACCELERATE DROWSINESS IF A PERSON HAS CONSUMED ALCOHOL OR IS TAKING DRUGS, INCREASING THE RISK OF DROWNING.

THESE TERMS AND CONDITIONS WILL ALSO BE SENT VIA PLATFORM MESSAGE AND/OR EMAIL FOR TRAVELER’S SIGNATURE. BY COMPLETING A RESERVATION AT THIS PROPERTY, GUEST AGREES TO ALL THE TERMS AND CONDITIONS ABOVE.