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.

 

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 presented to Agent. 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 6.75% 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 $30 booking fee.  Cancellations made 29 days to 3 days before scheduled arrival will receive a 50% refund.  Cancellations made less than 3 days prior to arrival will receive no refund.  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. No high school, college or civic groups, chaperoned or not, are permitted. Violation is grounds for immediate termination. Properties are patrolled on a regular basis. Tenant acknowledges that he/she will personally occupy the property for the entire rental period and will not sublet any portion of the property. Occupancy restricted to the maximum occupancy as set forth in this lease. 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. Children and teenagers under the age of 18 can not 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 termination. We want you to have an enjoyable vacation, but you must respect the rights of other guests.

 

8. CHECK IN will be 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. Mattress pads, pillows, blanket and bedspreads are provided.

 

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 additions, 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 cottage. All dishes washed and put away. All floors swept. All doors and windows closed and locked. Keys left on table and door left unlocked upon check-out. All breakage reported to the Agent. No telephone charges. In the event of damages or extra cleaning requirements, additional charges will be applied. 

 

13. TELEPHONES are provided in some cabins, and if provided, Tenant may make unlimited calls within the local exchanges. Calls out side of the local area or information request calls are additional and Tenant is expected to use their calling card. Agent will accept no toll phone charges for any reason whatsoever.

 

14. GRILLING is only permitted at Lyon's Cabin and use of fireworks is prohibited.

 

15. WATER is a limited resource. Excess water will be charged to Tenant. 

 

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 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 termination 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 limits 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. 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 FIREPLACE. Tenant understands that the glass and surrounding metal of the fireplace gets extremely hot and that no article of furniture, clothing, or anything else that is flammable is to be within 42” of the gas fireplace when in use. This includes the sofa sleeper. When the sofa sleeper is folded out for sleeping, Tenant may not use the gas fireplace. Children must be continually supervised when in cabin. Touching the fireplace could result in a serious burn. PILOT LIGHTS IN GAS FIREPLACES ARE TURNED OFF MAY 1 THROUGH SEPTEMBER 1.

 

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. PLEASE TURN OFF BLOWERS AFTER EACH USE. THESE ARE TWO ROUND DIALS FOUND ON THE TOP OF THE HOT TUB. 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, no pets are 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 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. Also, use of the pedestrian bridge is at tenant’s own risk. No swimming is allowed in the pond.

 

24. USE OF ALCOHOLIC BEVERAGES. Consumption of alcoholic beverages by adults of proper 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 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 the Owner and His Agent from and against all liability, should anyone be injured upon the premises during the term of the lease, resulting form any cause whatsoever. Tenant also agrees to release and indemnify the Owner and His Agent from and against all liability, should damage to vehicles or injury occur from falling tree limbs.

 

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. PAY PER VIEW MOVIES ARE NOT TO BE CHARGED TO CARD OR ACCOUNT.

 

29. TELEPHONE SERVICE: Local calls are free. Direct dialed long distance calls are blocked. Calling cards or any other card using a 1-800 number to access is accepted.

 

 

31. LOCAL FIRE CODES.   Local fire codes prohibit exceeding maximum occupancy. If asked to leave due to this no refunds will be given.

 

32. PET POLICY. Pets must be approved prior to check-in. Inside the cabin, pets MUST be in a crate if left alone and pets can NEVER roam the property unattended. Frog Holler Cabins does not assume any responsibility for injuries to guest’s pets received from any other animal while staying at Frog Holler Cabins. Pets are NOT allowed on the furniture at any time. 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 per fee will be collected and absolutely ANY damages caused by the animal will result in charges made to tenant’s credit card for their repair.

 

Reservation Name: ___________________________________________________

 

Number of Guests and Names: ____________________________________________

 

______________________________________________________________________

 

Arrival/Departure Date: __________________________________________________

 

Rental Rate: ______________________________   Taxes: ______________________

 

Less Advanced Rental Deposit: ____________________________________________

 

Amount Due at Check-In: ________________________________________________

 

Account#______________________________    Exp. date_________ V-Code _______  

Guest 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. 

Frog Holler Cabins Representative                         Date