1. General. This Agreement grants you, the Guest, the right to occupy the Cabin for the Rental Term in exchange for your payment of Rent, a Security Deposit, and your agreement to abide by these terms and conditions.
2. Rent and Security Deposit. Prior to commencement of the Rental Term, you agree to pay to Owner by cash, check, or credit card the full amount of rent owed, along with the Security Deposit indicated above. If you fully comply with this Agreement, or cancel your reservation, your Security Deposit will be returned to you within 30 days of the end of your rent term or the day of cancellation. Except as provided in Section 4, the rent payment is not refundable in any case for any reason, including for power outages, severe weather, or difficulty navigating winter roads.
3. Check in and Check out. Your Rental Term begins at 4:00 pm on the first day of your term and ends at 11:00 am on the last day of your term. You may not access the Cabin prior to the beginning of your Rental Term. If you remain in the Cabin or on the Property after the conclusion of your Rental Term, you will be charged $100 for each additional hour that you remain on the Property, which will be deducted from your Security Deposit or billed to you directly.
4. Cancellation. You may cancel your reservation to rent the Cabin and receive a full refund of your Rent payment and Security Deposit by giving Owner notice of cancellation thirty (30) days or more before the beginning of your Rental Term. No refund will be given for any cancellation made less than fourteen (14) days from the beginning of your Rental Term. There are no refunds for inclimate weather or sudden illness. We highly recommend you purchase travel insurance prior to your stay (www.squaremouth.com is a good site). In the winter months, it is highly recommended that you have a 4 wheel drive vehicle to get here.
5. Pets. Certified service animals are permitted on the Property and in the Cabin at no additional charge. Pre-approval is required for all service animals. No other pets are permitted in the Cabin. If you bring a service animal, you must clean up after it and deposit all waste in the trash cans.
6. Keys. Please ensure that all doors are locked and all keys are returned to the lock box when you check out of the cabin. You may not for any reason make a copy of the keys. If you lose a key, the Cabin may be re-keyed in which case the cost will be passed on to you or deducted from your Security Deposit.
7. Restrictions on Use. For your own safety, and to preserve the Property for the enjoyment of Owners and future guests, you agree to observe the following restrictions. You are expected to leave the Property and Cabin in the condition that you found them. Failure to do so, or to fully comply with the following restrictions, is a breach of this Agreement and will cause you to forfeit your Security Deposit and incur additional liability for any damage caused.
a. Hunting and Trapping. You may not hunt, trap, or use any firearm or other projectile weapon anywhere on the Property.
b. Party Fee. You may not have parties at the cabin (which includes any additional, unregistered or more than the maximum allowable guests). An additional $1,500 will be assessed against your credit card if you are found to have had a party and your reservation will be terminated immediately. Local authorities will be contacted to remove any unregistered guests.
c. Fireworks. You may not use any firework or other explosive device on the Property.
d. Fires and Fireplace. You may use the fire pit, gas fireplace, and gas grill at your own risk. You may not make a fire outside of fire pit, gas fireplace, or gas grill. All fires must be monitored by an adult at all times. The gas fireplace may be operated only with the screen cover in place, and the gas may not be left continually running for more than one hour at a time. Do not tamper with the propane tank.
e. Firewood. You are responsible for bringing your own firewood if you wish to make a fire in the fire pit. You may not cut down trees or remove bark from any tree on the Property. In the local community you will find many places to purchase firewood.
f. Maximum Occupancy. No more than six guests may occupy the Cabin during any Rental Term. Prior to arriving at the Cabin, you must inform Owner of the number of guests that will be occupying the Cabin.
g. Noise. The Cabin is located on a hill and loud noises travel far. Please be considerate of the neighbors, keep the volume of your music and conversation down, and adhere to all local noise ordinances.
h. Smoking. You may not smoke in the Cabin or within 10 feet of the Cabin. You must collect and properly dispose of all spent cigarettes and cigars in an ashtray or other appropriate fire-proof container.
i. Trash. You agree to keep the Cabin clean and sanitary, and to leave the Cabin the same shape as you found it. The Cabin has trash service, and you may leave trash in the designated trash cans. But you may not leave trash in the Cabin, around the trash cans, piled on top of the trash cans, or anywhere else on the Property. If you produce more trash than will fit in the trash cans, you must take it with you and dispose of it elsewhere. Do not burn any trash on the Property.
j. Water and Sewer. The Property is serviced by a well and has a septic system. You may use water as needed, but water conservation is necessary, particularly during the summer and winter months. Do not deposit solid objects other than human waste and waste paper into the septic system.
k. Energy Conservation. The Cabin is equipped with a backup generator to provide electricity in the case of an outage. In the event of a power outage, use the minimal amount of energy necessary so that supplies last.
l. Security Cameras. The Property and Cabin are equipped with external security cameras and motion detectors for the external lights. The cameras are located at the driveway entrance, parking area, and fire pit. The cameras take still photos that are stored for security purposes, and are deleted every 30 days. Do not tamper with these cameras, turn them off, disable them, reposition them, or cover them. Doing so will require us to call the police and/or fire department.
m. Electronics. The Cabin is equipped with smoke detectors, a humidifier, and wireless router for Wi-Fi access. Do not tamper with or disable any of these devices.
n. Locked Rooms. One or more rooms in the Cabin are locked and may not be accessed by any Guest. Do not break into these rooms or tamper with the locks to them.
8. Cautions and Disclaimers. For your own safety and the safety of those around you, please read, understand, and observe the following cautions. By entering this Agreement, you represent that you understand and are fully aware of the risks inherent in any natural setting such as that found on the Property, and you accept that your use of the Property and the Cabin is at your own risk.
a. General Dangers. The Cabin is located in a wooded area with steep ravines, drop offs, and icy or snowy conditions during the winter months. Please be cognizant of the danger posed by these features as you navigate the Property. The woods may contain poisonous plants, unstable ground, and wild animals. The driveway, paths, and steps may be icy and slippery in the winter months. Do not use salt on these surfaces. It is highly recommended that you walk carefully and use a four-wheel drive vehicle to access the Property. You accept the risks posed by the nature of the Property and the elements, and agree to exercise caution at all times.
b. Hot Tub and Sauna. You agree to use the hot tub or sauna at your own risk and only in compliance with all posted warnings and good sense. If you are pregnant, elderly, or suffer from heart disease, diabetes, or high or low blood pressure, you should not enter the hot tub without medical consultation and permission from your doctor. Do not use the hot tub or sauna under the influence of alcohol, tranquillizers, or other drugs that cause drowsiness or that raise or lower blood pressure. Do not enter the hot tub if the water temperature exceeds one hundred four degrees Fahrenheit. Do not use the hot tub or sauna alone, and do not permit children to use the hot tub or sauna unsupervised. Do not remain in the hot tub or sauna for an unreasonable length of time (more than ten or fifteen minutes) without leaving the water to cool down. You must shower or be clean of all oils or lotions before entering the hot tub or sauna. It is highly recommended that you take a cool shower after using the sauna to bring back your internal body temperature.
c. Operational Failures. If at any time during your Rental Term the hot tub, wireless router, humidifier, smoke detectors, or any other component of the Cabin or Property ceases to operate as expected, please contact Owner immediately so that the problem may be addressed.
9. Entire Agreement. The terms set forth herein are our entire agreement. You agree that you have not relied upon any statement outside of the terms of this agreement. Any modification of the agreement must be made in writing.
10. Assignment and Delegation. You may not sublet or substitute guests, and you may not assign any of your rights or delegate any of your duties under this Agreement.
11. Termination and Removal. If you are in breach of this Agreement, in addition to the loss of your Security Deposit and payment of any damage caused by your breach, Owner, in Owner’s sole discretion, may terminate the remainder of your Rental Term without refund and remove you from the Property.
12. Owner Liability. Owner is not liable to Guest, or any guest of Guest, for any damage or loss that such individual may suffer if such damage was caused by anyone not under the direct control and specific order of Owner. Owner is not liable for personal injury, or damage to or loss of Guest’s personal property, and Guest hereby releases Owner from all liability for such injury, damage, or loss.
13. Indemnification. Guest agrees to indemnify Owner against all damage and loss incurred as a result of Guest’s breach of this Agreement. Guest agrees to pay all of Owner’s costs and reasonable attorney’s fees incurred in, or in anticipation of, any action brought under or in connection with this Agreement.
14. Choice of Law and Jurisdiction. This Agreement is governed by the laws of the State of Ohio. Any dispute arising under or in connection with this Agreement may be brought only in the common pleas court of Franklin County, Ohio.
15. Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will remain in full force and effect, so long as the essential terms and conditions of this Agreement for both parties remain valid, legal, and enforceable.
16. Defined Terms. Capitalized terms used in this Agreement are defined. Definitions may be found throughout the Agreement where indicated by quotation marks, and on the first page beside the bold-faced terms.