Thank you for choosing a 4 Seasons Vacation Rentals & Sales property. We will be sending you more information regarding the property as we near your stay. Please do not hesitate to call us if you have any questions. Please read your vacation rental agreement carefully before you begin your vacation.
Any monies received by 4 Seasons Vacation Rentals & Sales for occupancy of vacation property indicates the acceptance of the terms of our vacation rental agreement in full. All policies are strictly enforced. It is the responsibility of all Guests and members of their party to be familiar with all policies pertaining to the rental.
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (VRA). 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 USE THIS PROPERTY FOR A VACATION RENTAL. (G.S. 42-A)
Renter requirements
For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is the "Tenant" and for the purposes of this agreement is referred to as the "Guest" in this agreement. All other persons involved with the rental are considered to be the Guest's invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the Guest, not the Guest's invitees.
Terms and Conditions of your Vacation Rental Lease Agreement
4 Seasons Vacation Rentals & Sales ("Agent") is the real estate agency which rents private homes, condominium units, cottages and cabins for its property Owners, subject to the provisions of this rental agreement and all policies and rules.
Payment Terms
Reservation is considered tentative until payment in full has been received. Payment must be made in US dollars. Reservations are subject to a reservation fee, applicable taxes and cleaning fee. All reservations require a payment of fifty percent (50%) of the total to be paid immediately upon booking and a signed rental agreement within 24 hours of booking or the reservation may be canceled without notice. Travel Insurance payment is due in full upon booking. Your credit card provided at time of booking will be charged for all payments due, unless alternate arrangements are made in advance of due date. All remaining payment balances are due 30 days before check-in date. Reservations made within 30 days of check-in date must be paid in full upon booking. Note: Tax rates are calculated as of the time of the Agreement. Guest shall be responsible for all applicable taxes according to rates in effect at the time of occupancy. All reservations must be paid in full prior to check-in and possession of the premises. Guest expressly agrees for Agent to charge the credit card on file for charges associated with undeclared dog fees, event fees, cleaning fees associated with an undeclared dog or smoking, trash removal or damages. A $35 fee will be charged for returned checks.
For credit card payments, the cardholder's name must match the Guest's name listed on the Rental Agreement and the address given for the contract must match the address on file for the cardholder.
All payments received will be held in an escrow account at First Citizens Bank, 302 E 2nd St, West Jefferson NC 28694. Payments may be deposited in an interest-bearing account and any accrued interest shall be disbursed to the Agent.
Guest authorizes Agent to disburse up to 50% of the total rent prior to occupancy, to the Landlord. Guest authorized Agent to disburse amounts greater than 50% of the total rent proper to tenancy of any fees owed to third parties to pay for goods, services, or benefits procured by the landlord or Agent for the benefit of the Guest, including any administrative fees. The balance will be disbursed at the commencement of the tenancy, a material breach of the agreement or other occurrences set forth in G.S. 42A-16(a) of the Vacation Rental Act.
Upon Arrival
If there are concerns or issues with your rental property, please immediately contact our office at 336-246-2700 (leave a message if there is no answer). No refunds or considerations are given unless we are notified of problems during your stay.
Emergencies/ Maintenance
In the event of a problem getting in the vacation rental or if there are problems with condition or functionality of the vacation rental, please immediately contact 4 Seasons Vacation Rentals & Sales office, (leave a voice message if there is no answer!) at 336-246-2700. If it is after office hours we will make every effort to return your call as soon as possible.
Check In Arrival Time
Check in is at 4:00pm on your reserved arrival date.
We make every effort to ensure that all units are clean and ready for occupancy; however, in some instances it may be necessary to delay occupancy until the unit is ready. Keys/Codes will not be released until the home has been readied for occupancy. There is no rebate for such late occupancy. No occupancy of the property including driveways and decks prior to check-in will be permitted. Guest may arrive after hours of check-in time. All Guest must be paid in full prior to check-in.
Check Out Departure Time
Check out is at 10:00am
Your prompt departure is appreciated so we can prepare the vacation rental for any incoming Guests. Guest must return key(s) or as otherwise instructed. No occupancy of the home or condo, including driveways, showers and pools, is permitted after check out. Guest not complying with check out procedures will be charged a minimum of $100/ hour late check out fee and/or will be grounds for expedited eviction. Guest is responsible to follow Check Out instructions which includes; all furniture/furnishing being in position as found, washing & putting away dishes, removing all trash & personal belongings, closing and locking all doors and windows, and leaving unit in good shape for the next Guest.
Early Check In / Late Check Out
At this time, 4 Seasons Vacation Rentals & Sales does not offer a guaranteed early check in or late check out. Please ask a reservation specialist for availability and pricing. Early In or Late Out must be approved and in writing.
Guest Cancellations
Agency strongly recommends all Guests purchase Trip Cancellation Protection (travel insurance) offered at time of booking to protect your vacation investment in the event of an unexpected reservation cancellation / interruption including mandatory evacuation orders as well as other unforeseen circumstances. Please refer to the policy for details on coverage.
Power/ weather related cancellation: 4 Seasons Vacation Rentals & Sales does not issue refunds due to acts of nature such as: weather, road conditions, snow conditions, power outages or forest fires.
All cancellations must be in writing; in the event of an emergency cancellation occurring one week or less before check-in date, a verbal cancellation will be accepted by phone, but must be followed up in writing verifying the telephone call. Any changes including changing dates, switching of properties, or complete cancellations will invoke the cancellation policy.
Guest agrees that the total paid under this agreement will be forfeited if the property is not re-rented for the same period of time for the full amount. A cancellation fee of $70 plus any applicable taxes will be charged for all cancellations. Any amounts forfeited or charged for cancellation may be taxable.
If property is re-rented, for the entire rental period at the full rate, the total paid, less the cancellation fee, other non-refundable fees and the travel insurance premium, will be refunded within 30 days after your reservation departure date. All refunds are paid in the same manner as received. Payments made through a 3rd party online travel agency, such as Airbnb, will be refunded through the online travel agency and not from 4 Seasons Vacation Rentals & Sales. Agent will not be responsible for reimbursing any 3rd party fees that have already been paid out and the Guest must seek reimbursement directly for the third party.
Cancellation By Agency
If the rental property becomes unavailable prior to your arrival (change in ownership, removal from the rental market, owner schedule changes, etc.) we will make every effort to find an acceptable substitute home. We will notify you of the change as soon as we become aware of the situation. The Agency, on behalf of the homeowner reserves the right to cancel this agreement at any time prior to Guest taking possession of the property. In such event, all payments made by the Guest to the Agency will be refunded, and neither Agency nor Owner will be liable for any damages, of any sort, incurred by Guest as a result of such cancellation. If Guest desires to be placed in an alternative home, the Agency will make a good faith effort to relocate the Guest. If the home selected is more expensive, the Guest agrees to pay the difference. If we are unable to find an acceptable home, we will refund 100% of your deposit.
Transfer of Ownership
G.S. Section 42A-19(a) provides that if the property is voluntarily transferred by the owner, Guest has the right to enforce the Vacation Rental Agreement (VRA) against the grantee of the property if the vacation is to end 180 days or less after the date the grantee’s interest in the property is recorded in the Register of Deeds Office. If the vacation rental is to end more than 180 days after recordation of the grantee’s interest in the property, the Guest has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor the agreement, but the Guest is entitled to a full refund of any payments he or she has made. Within 10 days of a property transfer, each Guest will be notified in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded. If the Owner’s interest is involuntarily transferred to another, prior to the Guests occupancy of the property, the Agency shall refund to the Guest any payments made by the Guest within 60 days after the transfer.
Units for Sale
Guest understands property may be listed for sale. Agent reserves the right to show each rental unit for sale to potential buyers. Every effort will be made to schedule a convenient time for showing to minimize interruption.
Damage Policy
As a condition to the rental of all vacation properties, 4 Seasons Vacation Rentals & Sales reserves the right to charge the guest's credit card for any and all uncovered Guest/invitee caused losses and damages sustained to the vacation property throughout the duration of their period of occupancy. In the event of any uncovered guest/invitee-caused loss or damage to the vacation property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, 1) intentional, willful, reckless, or malicious acts of the Guest or others on the Premises during the tenancy, 2) damage by dogs, 3) theft from the Premises of either the Owner's property or property belonging to the Guest, 4) gross negligence of Guest or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home, 5) damage caused while under the influence of alcohol or drugs, 6) damages to real property, furnishings, or any vehicles resulting from operation of a motorized vehicle by a Guest, 7) Damages related to smoking. ALL rental homes are “NO Smoking” homes 8) excess cleaning 9) trash removal, plus all applicable taxes, 4 Seasons Vacation Rentals & Sales endorsement of this agreement, the Guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages.
Security Deposit
4 Seasons Vacation Rentals & Sales reserves the right to request a security deposit. A Security Deposit is charged on all reservations for stays of 28 days or more and a few of our vacation rental properties require a security deposit regardless of the length of stay. The security deposit is to be accounted for in accordance with the North Carolina Tenant Security Deposit Act as codified in GS42-6.
House Parties / Minors
Guest acknowledges that he/she is at least 24 years of age and understands that he/she must occupy the property for the entire lease term. 4 Seasons Vacation Rentals & Sales does not rent to fraternities, school or civic groups or other non-family groups unless prior approval is granted in writing by the Landlord or Agent. Approved, in writing, events are subject to a non-refundable event fee and damage deposit. We reserve the right to refuse occupancy, if in the Agent’s opinion; occupancy is detrimental to the property. Guests misrepresenting their group will be subject to expedited eviction without refund.
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Guest is responsible for knowing and respecting the occupancy limits in your rental property. If you are unsure of the permitted occupancy of the home, please call our office. Max occupants is the total number of persons which includes children over 5 years old. No gatherings or events are permitted that would exceed the maximum occupancy without prior written permission, event fee and damage deposit.
No campers, tents, or motor homes may be used in conjunction with a rental unit.
Guest who exceed the occupancy limits will face immediate termination of the rental, expedited eviction and a minimum $500 fee with no refund of rental monies.
4 Seasons Vacation Rentals & Sales (Agent) shall conduct all brokerage activities in regard to this agreement without respect to the race, color, religion, sex, national origin, handicap, familial status, sexual orientation or gender identity of any Guest.
Event Fees
No special event or gathering which exceeds the occupancy limit of the home will be permitted without prior written consent from 4 Seasons Vacation Rentals & Sales. If Guest receives this written consent, a non-refundable event fee and refundable damage deposit will be charged. Please disclose your event request at or before time of reservation.
An undisclosed event is subject to the event fee for the rental home, a $500 fine and your rental right will terminate immediately with no refund of rental monies. Guest permits Agent to charge the credit card on file for non-disclosed event fees.
Smoke Detectors
North Carolina statutes require all Guests to check smoke detector operation upon arrival and to notify, in writing, the 4 Seasons Vacation Rentals & Sales office of any malfunctions.
Dog Policy
Check the policy of your vacation rental home to verify if it is dog friendly as listed on our website.
Dogs are permitted only in designated properties. Two dogs are permitted. Each property permitting dogs has a dog size restriction which Guest must adhere to. There is no fee required for the two dogs within size limits.
Request to bring additional dogs may be made and must be approved in writing by 4 Seasons management. Additional dogs, if approved, may require an additional non-refundable dog fee.
a Guest with an undeclared dog is subject to a $500 non-refundable fee and the cost of returning the home to non-dog condition, $500 to $3000, depending on the size of the home.
Grills
Guest may not bring a grill to a property. If the property provides a gas or charcoal grill, Guest is to follow instructions provided regarding the grill. In no circumstance may a grill be placed within 10 feet of the home’s exterior siding. Charcoal and propane for grills, is the responsibility of the Guest.
Firearms
Firearms are not allowed on any property.
Fireworks
Fireworks of any kind are prohibited at vacation rental properties.
Hot Tub Rentals and Window Air Conditioners
No temporary hot tubs may be placed on the property at any time. No window air conditioners may be placed in the property without express written permission of the Agent and Owner.
Smoking Policy
All 4 Seasons Vacation Rentals & Sales properties maintain a smoke-free policy. No smoking or other use of tobacco products, including e-cigs and vapor, is permitted. This includes, but is not limited to, pipes, cigars, snuff, or chewing tobacco. Smoking is strictly prohibited inside any property rented through this Agency. When smoking outside, do not leave cigarette butts on the ground or anywhere else. Dispose of them properly in appropriate receptacles outside. This policy applies to all Guests, as well as their visitors. Guest violating this policy will be charged a fee of $500 plus all expenses incurred to bring the property back to its original smoke-free state, up to $2000. If the property is rented with a Guest checking in the same day of your departure, you are responsible for the entire cost of moving the in-coming reservation to another property. Guest agrees to permit Agent to charge the credit card on file for any charges associated with smoking in a home.
Furnishings
Accommodations and Furnishings: All vacation properties are individually owned and furnished to each owner’s unique taste. Every effort has been made to represent each property as realistically as possible with regard to space, physical condition and amenities. All homes are set up for light housekeeping and are equipped for basic cooking. Mattress pads, bedspreads, blankets and pillows are provided. Bed Sheets for each bed and bath towel sets for the maximum occupancy of the home are provided free of charge. Additional linens/towels including outdoor towels should be brought by Guest. Guest should bring all paper products, cleaning supplies, condiments, staple items, outdoor towels.
Handicap Accessibility
Property descriptions identify specifics regarding accessibility. 4 Seasons Vacation Rentals & Sales does not have any homes that meet ADA standards, but may have ramps and/or other accessible amenities. Please ask regarding any special needs. No refunds will be given if these amenities do not meet your needs.
Fireplaces
If provided, it will be noted in the property description. Wood is not provided for wood burning fireplaces. Fireplaces are only in use September – April.
The logs in gas log fireplaces may not be moved or repositioned. Guest will pay a fee of $250-800 to have gas logs cleaned or replaced due to damage from a Guest moving the gas logs.
Decking & Roofing
Climbing on deck railings, AC Platforms, roof or any other elevated surface is strictly prohibited. Use of any elevated surface for non-intended purposes is strictly prohibited and grounds for expedited eviction with no refund of rental monies. Minors should be supervised at all times.
AC/Heat Filter Changes
Guest must permit maintenance to enter the property to change the Filter, if applicable.
Trash Removal
Guest is responsible for all trash removal from the property, at time of check-out. Directions and hours of convenience centers are provided to Guest. Guest will permit Agent to charge the credit card on file for excess trash removal.
Road Conditions / Parking
We are located at a high elevation mountain area, thus to reach the rental property you may be driving on narrow winding gravel roads. In the winter months snow and ice are common.
NO REFUNDS WILL BE GIVEN DUE TO ROAD CONDITIONS. We do not provide shuttle services. PARKING capacity at the majority of our properties is 2-3 cars. Very few properties have the capacity for more than 3 cars. Park only in designated gravel or paved parking areas. No parking or driving on grass, fields or lawns.
Locked Closets / Rooms
Most of our property owners maintain a locked area or personal property storage container in their property for their own personal use and housekeeping use. These locked areas are not intended for Guests’ use.
ATV / UTV / 4-Wheeler / Horses
Absolutely no use of atv, utv, 4-wheelers, horses or the like are to be driven or used on rental property or subdivision roadways.
Bicycle Waiver & Use
Some properties offer one or more bicycles for use during your stay. 4 Seasons Vacation Rentals & Sales does not guarantee the operation of any bicycle and will not be able to repair a bicycle. Guest is solely responsible to assess a bicycle before use and use bicycle at Guests sole discretion. By signing this agreement, the Guest and guests invitees agrees to waive all claims against Owner and 4 Seasons Vacation Rentals and Sales from Guests' use of bicycles.
Hot Tubs Waiver & Use
Some of our homes feature hot tubs. Hot Tubs are available year round unless otherwise noted in the individual property description. Property Owners do not allow rentals of soft spas/hot tubs by Guests due to electrical and/or structural damage. Special risks may be involved in using hot tubs and Guest assumes ALL responsibility for themselves and their invitees for the consequences of those risks. The chemicals used to keep hot tubs sanitary may cause fading in some swimsuits and some individuals may experience mild skin rashes. Guest agrees to waive any claim whatsoever against Owner and/or Agent for accidents or claims arising from use of said equipment. The Guest also understands and agrees that he is responsible and liable for damages that occur to said equipment through his or his Guests misuse and/or negligence. Unsanitary condition(s) resulting from Guest's use requiring additional service such as water replacement, shock treatment, etc. is at the Guest's expense. Guest should contact Agent regarding ANY questions or concerns about hot tub and not attempt to make changes to water level or chemical level.
Absolutely no pets in hot tubs.
Absolutely no children under 12 years old in hot tubs.
Guests are responsible to keep hot tub cover secured on the hot tub at all times not in use.
Guest will be responsible for broken or torn hot tub covers with cost up to $1000 to replace hot tub covers. Remove hot tub cover clips/straps before attempting to open the hot tub cover.
Do not sit or walk on hot tub covers. Guest should follow all hot tub instructions posted. By signing this agreement, the Guest agrees to waive all claims against Owner and 4 Seasons Vacation Rentals and Sales from Guests' use of hot tub.
Kayak / Canoe Waiver and Use
Some properties offer one or more kayaks and/or canoes for use during your stay. 4 Seasons Vacation Rentals & Sales does not guarantee the operation of any kayak or canoe. 4 Seasons Vacation Rentals & Sales may not be able to repair if needed. Guest is solely responsible to assess a kayak or canoe before use and use kayak or canoe at Guests sole discretion. Guests should bring their own life vest and wear it during use. By signing this agreement, the Guest agrees to waive all claims against Owner and 4 Seasons Vacation Rentals and Sales from Guests' use of kayak or canoe.
Lost and Found
Any personal property left in the rental property will not be the responsibility of 4 Seasons Vacation Rentals & Sales; every effort will be made to return lost items to you at your expense. Lost items are held for 30 days prior to being donated. There may be an administrative charge for retrieving and shipping any items to you. Guest will pay actual shipping costs via Guests credit card.
Keys
A minimum fee of $25 will be charged to Guest credit card on file for lost house key. 4 Seasons suggests you leave house key in key box during your stay to prevent lost keys or lockout.
Guest Lock Out
If you have lost, misplaced or forgotten the keys for your rental property, you may contact 4 Seasons Vacation Rentals & Sales at 336-246-2700 (and leave a detailed message if noone answers) for assistance. A trip fee will be charged to your credit card on file to deliver a key.
Linens & Towels
Towels, sheets, pillows and blankets are not meant for outside use.
Right of Entry
Guest(s) agree that4 Seasons Vacation Rentals & Sales reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make such repairs, alterations or improvements as we may deem appropriate.
Security & Safety Risks
Always lock doors and windows when you leave the vacation rental! When you rent the vacation rental, you assume responsibility for it and its contents, as well as your personal property. Always lock the doors and windows when you leave the vacation rental. 4 Seasons Vacation Rentals & Sales does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. Candles are not allowed due to fire hazard except citronella candles in buckets outside.
Maintenance / Repairs / Nuisances
Owner agrees to make all repairs and do what is reasonably necessary to keep the property fit and habitable and to keep all common areas in safe condition. 4 Seasons Vacation Rentals & Sales cannot guarantee the operation of any home amenities. Please report any equipment malfunction. We will make every effort to respond to any appliance or equipment problems. Guest agrees to allow 4 Seasons Vacation Rentals & Sales staff and/or vendors into the properlty to facilitate maintenance/repairs. No refunds or partial rental deposits will be made for a malfunctioning appliance or amenity, or for other items outside of our control, such as bad weather, disruption of utility service (including TV cable/satellite or internet), or a home not decorated/furnished to personal taste. In the event that there is no electricity or water, not associated with a city/county outage, we will make every effort to facilitate repairs.
Behavior Policy
4 Seasons Vacation Rentals & Sales reserves the right to terminate the rental agreement, at any time, as the result of Guest abuse of staff or others. Termination of lease rights does not include a refund of rental monies unless the home is re-rented. 4 Seasons Rentals & Sales reserves the right of entry into the rental unit, if at anytime the representative of 4 Seasons Vacation Rentals & Sales feels the home may be in danger of abuse by the Guest. Noise/music extended past the property line is not acceptable. Climbing on roofs, railings, HVAC platforms or other elevated areas not accessible directly from a door or stairs is strictly prohibited.
Rights and Obligations
Pursuant to 42A-17(b) of the VRA, if at the time the Guest is to begin occupancy of the property, the Owner or Agent of the Owner cannot provide the property in a fit and habitable condition or substitute a reasonable comparable property in such condition, the owner or agent shall refund to the Guest all payments made by the Guest. If Agent is able to relocate Guest, Guest agrees to pay any difference in rental amount.
Construction
4 Seasons Vacation Rentals & Sales cannot predict construction plans in the area and, therefore, cannot be responsible for construction occurring near any rental property. No request for compensation or move to another property due to nearby construction will be considered.
Mandatory Evacuation
If the state or local authorities, acting pursuant to Article 36A of chapter 14 or article of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the Guest in possession of the property shall comply with the evacuation order. The Guest shall not be entitled to a refund from 4 Seasons Vacation Rentals & Sales. All Guests are offered travel protection insurance at the time of booking. Travel Protection insurance may cover a mandatory evacuation provided the policy was purchased in accordance with policy terms. The insurance offered shall be provided by an insurance company duly authorized by the NC Department of Insurance and the cost of the insurance shall not exceed 8% of the total rent charged for the vacation rental to the Guest.
Early Termination of Vacation Rental by Military Personnel
Active-duty personnel who receive deployment overlapping the rental period or change of duty station orders requiring the member to relocate on a date prior to the beginning of the lease term may terminate the member’s vacation within 10 days of receipt of the order. Written verification signed by the member’s commanding officer is required to receive a full refund, less nonrefundable fees paid to third parties including reservation fee.
Miscellaneous
Rental property may be owned by a North Carolina Real Estate Licensee or licensee of another state. Agent may offer additional services to Owner and /or Guest for additional fees. Such services may include, but are not limited to, Vacation Rental Insurance, equipment and rentals. The Agent as a licensed insurance broker for Red Sky Travel Insurance earns a commission on insurance premiums. For the purpose of disclosure, revenue from Agent provided linen and equipment rentals shall be considered 100% profit. Fees generated from such additional services shall belong exclusively to the Agent. Parties agree that in the event of a dispute, the agreement will be interpreted in accordance with North Carolina law. Parties agree that this agreement is to be considered as having been entered into in the County of Ashe, State of North Carolina, and that in the event of a dispute, parties agree that any legal action may only be instituted in the County of Ashe, State of North Carolina. Agent, on behalf of the owner of the property, reserves the right to cancel this agreement at any time prior to Guest taking possession of the property. In such event, all payments made by Guest to Agent will be refunded, and neither Agent nor Owner will be liable for any damages of any sort incurred by Guest as a result of such cancellation. If Guest desires to be placed in alternative premises, Agent will make a good faith effort to relocate Guest. Guest agrees to pay any increase in cost associated with securing alternative premises. Agent, Owner, or their representatives have the right to enter premises during tenancy to inspect, make repairs, or show property for sale.
Governing Law; Consent to Jurisdiction and Venue
This lease agreement, and the parties rights and obligations thereunder, shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect and any law or rule that would cause the laws of any jurisdiction other than the State of North Carolina to be applied. Any proceeding against the parties relating in any way to this lease agreement, or to the rights of the parties thereto, can be brought and enforced in the courts of Ashe County North Carolina, including the Ashe County Small Claims Court, should a party desire, regardless of whether or not any party resides in Ashe County North Carolina or, if a corporation, its principal office or registered agent located outside of Ashe County, North Carolina, to the extent that subject matter jurisdiction exists therefore, and the parties irrevocably submit to the jurisdiction of said courts in respect of any such proceeding. Each of the parties irrevocably waives to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such proceeding in the courts of the State of North Carolina located in Ashe County and any claim that any such proceeding brought in any such court has been brought in any inconvenient forum. Any judgment may be entered in a court having jurisdiction thereof.
Use of Electronic Means Notice
The parties agree that electronic means may be used to sign this Agreement or to make any modifications the parties may agree to and which shall be considered as an original signature/initials for all purposes and shall have the same force and effect as an original signature/initial. Any written notice, communication or documents may be transmitted electronically to any email address, cell phone number or fax number used by the parties to communicate during the course of this Agreement. Any notices required or authorized to be given hereunder or pursuant to applicable law may also be mailed to Guest’s address or hand delivered to the Guest at the address of the Premises and to the Agent at the Agent’s address. Without limitation, “electronic signature” shall include faxed, electronically submitted or scanned versions of an original signature.
Indemnification and Hold Harmless Agreement
While 4 Seasons Vacation Rentals & Sales and its property Owners strive to maintain vacation properties in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All Guest(s) and their invitees use the vacation property structures and premises at their own risk. 4 Seasons Vacation Rentals & Sales and its property Owners shall not be held liable or otherwise responsible in any way for injury to any Guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said Guest(s) and/or invitees, or by the failure of structures, appliances, (including hot tubs and bbqs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of god/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the vacation properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the vacation property and/or its contents. 4 Seasons Vacation Rentals & Sales and its property Owners shall not be held liable nor otherwise responsible in any way for allergic reactions to Guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the vacation property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment. By written or electronic endorsement of this agreement, Guest(s) and invitees hereby agree to forever hold-harmless and indemnify 4 Seasons Vacation Rentals & Sales and its property Owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the Guest(s) use of the property.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. Guest acknowledges that this is a legally binding agreement and that Agent represents the interests of the Owner in this agreement. Guest is advised to consult his or her attorney for help in understanding this agreement.
RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children's or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.
By acceptance of this agreement, the Guest and members of the Guest's party acknowledge and agree to abide by the conditions, limitations, and restrictions set forth in this Lease. |
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