Frog Holler Cabins Rental Agreement
Check-In Procedure: Upon arrival, please complete, sign, and place Rental Agreement in metal lock box beside parking area for your cabin. Please place entire agreement in box. There is a duplicate in the information booklet in your cabin for reference.
Check-Out Procedure: Check out is by 11:00 am. Please leave key on table, place trash in outside receptacle, and leave door unlocked.
In consideration of the monies received and mutual promises, contained herein, the Owner of the subject property, through Frog Holler Cabins, Inc. hereinafter ”Agent”, does hereby lease and rent to Tenant the certain property described herein and under the following terms and conditions. Unit information, rental rate and other financial data is set forth on this lease. Frog Holler Cabins reserves the right to deny occupancy, evict, and refuse refund to anyone at any time that appears to be detrimental to the property or violates policies outlined herein.
1. ADVANCE RENT PAYMENT. The amount specified as the advance payment sum set forth herein, which includes one-half (1/2) of the gross rental rate must be paid prior to check-in This signed lease agreement must be signed upon check-in and placed in lockbox beside cabin. This agreement shall not be binding unless and until the Agent has received the amount specified and all checks have cleared the bank.
2. BALANCE DUE, including taxes, any handling fee, security deposit and any and all fees for goods or services as shown, must be received by Frog Holler Cabins upon arrival and may be paid by personal check, money order, cashier’s check or accepted credit card. A $25.00 handling fee will be charged for all returned checks. ALL RESERVATIONS MUST BE PAID IN FULL AT CHECK IN.
3. ALL ADVANCE PAYMENTS, RENT BALANCES, SECURITY/DAMAGE DEPOSITS AND ALL OTHER RECEIPTS FROM TENANT ARE DEPOSITED IN AGENT’S CHECKING ACCOUNT.
4. TAXES as required by North Carolina include the collection of 7% Sales and Use Tax on all fees for goods and services charged to Tenant. Taxes are subject to change.
5. CANCELLATIONS/TRANSFERS must be in writing and received by Agent. Cancellations made 30 days or more before the scheduled arrival will receive a full refund, less a processing fee. Cancellations made 29 days to 4 days before scheduled arrival will receive a 50% refund of the deposit, less processing fee. Cancellations made within 3 days prior to arrival will receive no refund of the deposit. Cancellations made on day of arrival will be charged full amount of reserved stay, plus tax. No exceptions. No refunds for early departure.
6. TERMINATION. If the Tenant or any member of his party violates any of the terms of this agreement, the Agent may, at the Agent’s sole discretion, terminate this lease with no refund of the used portions of the rents unless the property is able to be re-rented, and may enter the premises and remove Tenant, the members of his party and their belongings. Tenant is notified that they will be subject to an expedited eviction procedure pursuant to the ”Vacation Rental Act”.
7. ALL RENTALS ARE TO FAMILIES AND RESPONSIBLE ADULTS ONLY. Tenant must be 21 years of age or older. No high school, college or civic groups, chaperoned or not, are permitted. No parties or events allowed in cabins. All guests must be 21 years of age or older unless accompanied by parent or legal guardian. Violation is grounds for immediate termination. Properties are patrolled on a regular basis. Tenant acknowledges that he/she will be financially responsible for any damages to property Occupancy restricted to a maximum of four people and two cars per cabin AT ANY TIME DURING YOUR STAY, unless otherwise approved by Frog Holler Cabins. Violation of any of these terms shall give right to termination. Tenant agrees that the premises shall not be used for any illegal or unlawful purpose. CABINS ARE NOT CHILDPROOF! Children and teenagers cannot stay in a cabin alone and must be supervised at all times. Occupancy and use of the premises and common areas in such a fashion that disturbs or offends other guests or residents shall be deemed grounds for removal. We want you to have an enjoyable vacation, but you must respect the rights of others.
8. CHECK IN is any time after 3:00 P. M. on the arrival date.
9. CHECK OUT on the date of departure will be by 11:00 A. M.
10. FURNISHINGS. All properties are equipped and furnished to the Agent’s taste and are set up for light housekeeping. Bed and bath linens are provided. Towels and washcloths are supplied for one each per day, per person.
11. APPLIANCE MALFUNCTIONS or service requests for air conditioning, televisions, hot tubs, appliances etc., will be responded to as quickly as possible. There are no rebates or refunds issued to Tenants for any reason as every good faith effort is made to insure the property is maintained to highest standards.
12. CARE OF PROPERTY. Tenant is expected to care for the property as if it were their own. Tenants are notified that the North Carolina ”Vacation Rental Act” provides certain obligations on the Tenant regarding care and use of the property and Tenant agrees to be bound and responsible for the provisions contained therein. In addition, Tenant acknowledges that unless Agent is notified on day of check-in of any damage or cleaning concerns, then thereafter, all damages or concerns to the property during the occupancy will be Tenants responsibility and must be reported to AGENT and paid prior to departure. Rearranging of furniture is not permitted. Tenant must leave the property in a clean condition to include the following: All trash removed from the cabin. All dishes washed and put away. Doors unlocked, windows closed, and keys left on table upon check-out. Lost keys will result in a $25 charge to the credit card used for booking the reservation. All breakage should be reported to the Agent. In the event of damages or extreme cleaning requirements, additional charges will be applied. Call for clarification.
13. TELEPHONES are provided in some cabins, and if provided, Tenant may make unlimited local and long distance calls with the United States.
14. GRILLING must be approved and fireworks are prohibited.
15. WATER is a limited resource and should be treated as such.
16. INCLEMENT WEATHER. It’s always a possibility. Tenant agrees to comply with Agent and any advisory statement from any local emergency authorities.
17. LOCKED AREAS for which Tenant is not provided a key, such as Agent’s home, barn, and personal storage areas, are exempt from this lease agreement and are off limits to the Tenant. Forced entry into these areas is cause for immediate removal from property and Tenant will be charged for damage and/or missing items.
18. IN THE EVENT that the Agent is unable to deliver said property to Tenant under this lease agreement prior to occupancy because of fire, eminent domain, act of nature, double booking, delay in construction or any other reason whatsoever, Tenant hereby agrees that Agent’s and Owner’s sole liability as a result of these conditions is a full refund of all consideration previously tendered by Tenant. Pursuant to the terms of this agreement, Tenant expressly acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred as a result of moving for any damage, destruction or loss.
19. TRANSFER OF PROPERTY. Should the present Owner transfer title to the real property, which is subject to this lease, the Owner is obligated to disclose to the Grantee certain information regarding existing leases. For rentals which end more than one hundred eighty (180) days after such recording of the interest to Owner’s successor in interest, the successor in interest will not be bound for any rents which end more that one hundred eight (180) days after such recording unless they agree to be bound in writing. If such successor in interest does not agree to be bound in writing, you will be notified in writing and will receive a refund of any payments made by you.
20. LOST, STOLEN OR ABANDONED ARTICLES. Keep doors locked while away from cabin. Neither Agent nor Owner shall have any responsibility for lost, stolen or abandoned items. There will be a $25.00 fee, plus shipping, for any returned items.
21. USE OF GAS STOVE/FIREPLACE. Tenant understands that the exterior of the gas stove gets extremely hot and that no article of furniture, clothing, or anything else is to be within 36” of the gas fireplace when in use. This includes the chair, ottoman, or any personal belongings. Children must be continually supervised when in cabin. Touching the stove could result in a serious burn. PILOT LIGHTS IN GAS STOVE/FIREPLACES ARE TURNED OFF WHEN AIR CONDITIONER IS REQUIRED.
22. USE OF HOT TUB. Tenant agrees to follow all guidelines pursuant to hot tub manufacturer which are displayed on and around the hot tub. Warning is as follows: “During pregnancy, soaking in hot water may cause damage to the fetus. Limit use to 10 minutes at a time. PREVENT DROWNING: Spa heat speeds up effects of alcohol, drugs, or medicine and can cause unconsciousness. Immediately leave spa if uncomfortable or sleepy. PREVENT CHILD DROWNING. Water attracts children. Never leave children unattended. Always attach a spa cover after each use. Hot tubs should not be used for more than 15 minutes at a time. Hot tubs are not swimming pools and should never be used as such. Do not sit on cover! It is not sturdy enough and will break resulting in a $350 fee charged to tenant to replace. Do not turn off hot tub. This results in loss of income from following tenants and may result in the cost of an additional night stay being charged to the tenant responsible for turning it off. Also, dogs are never allowed in hot tub.
23. USE OF PROPERTY. Frog Holler Cabins is surrounded by Big Elkin Creek. Tenant agrees to use extreme caution when walking along its banks and will not let children venture out unattended. Precautions must be taken to avoid injury from the natural wildlife here such as but not limited to deer, snakes, spiders, beavers, etc. Children and minors must be supervised at all times. Tenant understands that swimming in Big Elkin Creek is at their own risk. No lifeguards are provided. No swimming is allowed in the pond. A MAXIMUM OF FOUR PEOPLE ALLOWED ON BACK DECKS. Hammocks may not be attached to cabin in anyway and used at guest’s own risk anywhere else on property. Frog Holler Cabins and/or LHF Properties LLC are not responsible for any accident or injury that any tenant may sustain as a result of his/her stay on our property. By and through the tenant’s signature below, the tenant hereby agrees to release both Frog Holler Cabins and LHF Properties LLC and their respective owners, employees, or agents from and all liability whatsoever for any claim for personal injury, damage, or otherwise arising from or in any manner related to his/her stay on our property. Fires are not permitted anywhere on property other than designated fire pit and chimenea. Fires in these spaces must be made and extinguished by Agent. Fires can only be made when the area is not under any type of burning ban or subject to windy conditions. Simply call to see if fires are permitted and to schedule a fire time. Maximum speed on our lane is 10 mph. Failure to comply will result in immediate removal from property and forfeiture of any monies paid for remainder of stay.
24. USE OF ALCOHOLIC BEVERAGES. Consumption of alcoholic beverages by adults of legal drinking age is permitted, as long as Tenants behave in a responsible manner as not to annoy Owner or other tenants of Frog Holler Cabins, their neighbors, or put them in harms way. If underage drinking is discovered, Tenant will be removed from property and forfeit any monies paid for remainder of stay.
25. INDEMNITY. The Tenant agrees to release and indemnify Agent from and against all liability, should anyone be injured upon the premises during the term of the lease, resulting from any cause whatsoever. Tenant also agrees to release and indemnify Agent from and against all liability, should damage to vehicles or injury occur from falling tree limbs. Furthermore, Tenant agrees to release and indemnify Agent from and against all liability resulting from issues related to fly, flea, tick, insect, parasite, rodent, reptile, and/or animal bites, whatsoever, in the cabin and anywhere on the property, including any residual effects of such bites indefinitely.
26. ACKNOWLEDGMENT. Tenant acknowledges they have reviewed and understand the terms of this lease and agree to be bound thereby.
27. INSPECTION OF PROPERTY. Agent reserves the right to inspect the property during your stay. Further, you agree to abide by the rules and regulations of the community and refrain from any activity which interferes with the quiet enjoyment of its residents.
28. SATELLITE CARDS. Do Not Remove the cards from the satellite receiver. Each cabin will be checked by housekeeping to ensure the satellite cards are not taken. If we find a card has been taken a fee of no less than $150 will be charged. They will be reported stolen, deactivated and become void and useless.
29. WEAPONS: Absolutely no weapon of any kind is allowed.
30. ILLEGAL DRUGS. Absolutely no illegal drugs are allowed on property.
31. LOCAL FIRE CODES. Local fire codes prohibit exceeding maximum occupancy of four people. If asked to leave due to this no refunds will be given.
32. DOG POLICY. Only one cabin is pet friendly: The Mill House. One medium/large dog is allowed or two small dogs. Dogs must be approved prior to check-in. No cats allowed. Inside the cabin, your dog(s) MUST be in a crate if left alone and can NEVER roam the property unattended. Agent does not assume any responsibility for injuries to guest’s dog(s) while staying at Frog Holler Cabins. Dogs are NOT allowed on the furniture at any time. Do not leave dog(s) on decks unattended. Refusal to adhere to this policy will result in immediate removal from Frog Holler property and forfeiture of all monies received. Upon approval to bring a pet, a $30 pet fee, plus tax, will be collected and absolutely ANY damages caused by the animal will result in charges made to tenant’s credit card for their repair.
Tenant Name: _______________________________________________________________
Arrival/Departure Date: ___________________________ # of Nights Reserved ______
Rental Rate: _____________________Shuttle ________Wine Tour: _______ Pet: _____
Taxes: __________ Deposit: _____________ Amount Due: _______________________
Signee authorizes Frog Holler Cabins to charge remaining amount due - or any theft or loss - to one of the following cards. (circle one)
Discover Visa MasterCard Amex Same Credit Card used for Deposit
Account#______________________________ Exp. date_________ V-Code _______
Tenant Signature: ______________________________________ Date:______________
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO LEASE THIS PROPERTY FOR A VACATION RENTAL.
(Tenant and guests must be 21 years of age.
Guests under 21 are allowed with parent or legal guardian only.)
Tenant & Guest(s) Printed Name(s) and Ages(s) Tenant & Guest(s) Signature(s)
Billing Address for Credit Card (if different from card used for deposit)______________________
City _______________________ State/Zip Code ____________________________________
Phone Number _________________________________________________________________
Frog Holler Rep_______________________________________ Date: __________________
THIS LEASE IS NOT VALID UNLESS SIGNED BY TENANT AND AGENT.