All Vacation Rentals with Blowing Rock Properties require a signed rental contract and/or agreement to the terms of the contract online if booking with Airbnb, VRBO or another similar platform. 

The best way to become acquainted with our policies is to read the terms of our sample vacation rental contract below.  If you do not have time to read the contract right now, the following is a brief summary of items that might be of interest, but is not a substitute for reading the full contract below:
 

SAMPLE VACATION RENTAL AGREEMENT

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 USE THIS PROPERTY FOR A VACATION RENTAL.

1. Parties:
Real Estate Agency (“Agent”): Blowing Rock Properties, Inc.
Address: 1059 Main Street, Po Box 2486, Blowing Rock, NC 28605
Telephone: 828-414-9026
Fax: 828-295-4664
Email: [email protected]

Tenant (“Tenant”): [Guest Name]
Address: [Guest Address]
Telephone:[Guest Phone]
Email: [Guest Email]

Agent, as an agent of the owner, hereby rents to Tenant, and Tenant hereby rents from Agent, the
vacation property described below (referred to hereafter as the “Premises”) on the terms contained in
this Agreement.

2. Agent/Liability.
Blowing Rock Properties, Inc. aka Blowing Rock Mountain Cabins (“Agent”) is a real estate
agency/property management company which brokers short term vacation rental contracts between
clients (property owners) and customers (vacation renters). The properties are private homes,
condominium units, apartments, cottages, and cabins. When you book a property, you enter a real
estate contract with the property owner (“Owner”). Neither the Agent nor the Owner is responsible or
liable for any loss of the renter’s personal property or for bodily injury or damage of any nature from
any cause to Tenant, including Tenant’s guests, licensees, or invitees. The agent is not responsible for
recreational activities, skiing conditions, insects, rodents, flies, bees, or other pests, weather conditions,
road conditions, power outages, acts of God, criminal activities, behavior of neighbors, economic
downturns, political changes or any other activity, event, or condition beyond its control.

3. Premises/Property Description:
Name of Premises: [Property]
Street Address of Premises: [Property Address]
Maximum Occupancy: [Occupancy]
Please check the number of people the premises sleeps as detailed in the Premises/Property
Description. Maximum occupancy limits in vacation rental homes are set according to sleeping
arrangements as well as by the capacity of the septic and water systems. Exceeding the maximum
occupancy limits violates our permit and will result in rent forfeiture and the immediate eviction of
tenants. The maximum occupancy stated represents the MAXIMUM number of people, including
children, excluding infants under 18 months, allowed to occupy the property at any one time.
Tenants must be 25 years of age or accompanied by parents or legal guardians over the age of 25, and
proof of age may be required at Agent’s discretion. See paragraph 10 Responsible Party below. We do
no allow house parties, youth groups, fraternities, sororities, weddings, events, or receptions in our
rental homes.

4. Term:
Begins: [Check-in Date]
Ends: [Check-Out Date]

5. Rent: Tenant agrees to pay rent for the Premises in the amount of $ in accordance with
paragraph 6. below.

6. Financial Terms:
Reservation #: [Transaction ID]
Process Status: [Status]

You will receive an email with a full itemization of the rental rate, fees and taxes that make up the
total reservation cost. We have summarized the financial terms below.

Maintenance Fee (Waives up to $1500 in accidental Damage): $[Maintenance Fee]

Security Deposit, if any (Not generally applicable to vacation rental reservations): [Security Deposit]
Security Deposits are not included in the total reservation amount below.

Pet Fees: [Pet Fee] If you are bringing a pet and have notified us at the time of booking there will be an
additional fee of $100 per dog, plus tax, included in the Total Reservation Amount below. If you are
not brining a dog or have not yet notified us, the pet fee will not be included in the Total
Reservation Amount below.

TOTALS:
Total Reservation Amount (including taxes): [Reservation Total]
Initial Payment: [Deposit]
Balance Due: [Balance Due]

Final Balance Due Date (30 days before arrival): [Final Balance Due]

**Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for
payment of all applicable taxes according to rates in effect at the time of occupancy.

7. Travel Protection Insurance (Optional):

Travel Protection Insurance is NOT automatically included in your reservation and is designed to
cover you in the event it is necessary to cancel all or part of your reservation. If you requested it,
Travel Protection Insurance may have been included in the cost of your initial deposit, thereby
adding travel insurance to this Agreement. If not already included, we highly recommend initialing
below for the purchase of Travel Insurance.
Please review the information regarding Travel Insurance in our Cancellation Policy in paragraph 22
below. You are guaranteeing payment for your reservation in exchange for pulling the property
off the market to reserve it. If an unforeseen event causes you to have to cancel, you are still
responsible for payment.
A travel insurance policy may protect you in the event you need to cancel your trip. Trip
cancellation and trip interruption coverage is available for unforeseen events such as sickness or
injury of yourself, a family member or traveling companion, flight delays due to adverse weather,
interruptions of road service, terrorist acts, and mandatory evacuations. The plan also may include
other valuable coverages such as medical and dental, baggage, and emergency assistance and
transportation in addition to useful services such as identity theft, concierge and 24/7/265
emergency assistance. We strongly recommend you purchase this valuable protection. Additional
terms and conditions apply; please read your Description of Coverage/Policy carefully and contact
Generali Global Assistance directly at 866-999-4018 with coverage questions. Agent is not a licensed
insurance agent and cannot answer questions about coverage.

Note: Tenant’s decision with respect to the purchase of trip interruption insurance will affect
Tenant’s rights in the event of a mandatory evacuation. See paragraph 24 below.

______________ Initial here if you wish to purchase Global Generali Travel Protection Insurance
for 6.95% of the total cost of your stay or have already purchased Global Generali Travel Protection
Insurance at the time of booking. If you did not already purchase Travel Protection Insurance at the
time of booking, this may be your last opportunity to do so.
8. Disbursement of Rent and Third-Party Fees: Tenant authorizes Agent to disburse up to fifty percent
(50%) of the rent set forth in paragraph 3 above to the owner (or as the owner directs) prior to
Tenant’s occupancy of the Premises, and the balance of the rent upon the commencement of the
tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the
Vacation Rental Act. Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may
be returned by the financial institution due to insufficient funds or because Tenant did not have an
account at the financial institution. Tenant also authorizes Agent to disburse prior to Tenant’s
occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits
procured by Agent for the benefit of Tenant, including but not limited to any fees set forth herein
payable to Agent for reservation, transfer, or cancelation of Tenant’s tenancy.

9. Security Deposit. Security deposit, if any, provided for in paragraph 6 above may be applied to actual
damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent
may deduct from the security deposit the amount of any unpaid long distance or per call telephone
charges, cable television charges, streaming services or smart TV charges that are not specifically
described in this Agreement (including any addendum hereto) as being included with the Premises.
Agent shall apply, account for, or refund Tenant’s security deposit within 45 days following the end
of the tenancy.

If guest decides to pay security deposit in addition to the Maintenance fee (See paragraph 10 below), the deposit ensures that our rental homes are left in the condition in which they were found and protects the owners from damages and loss caused by tenants and/or
their guests. Your rental home will be inspected after your departure and before the next guest
arrives. The security deposit is not charged unless there is loss or damage to the rental home during
your stay, excessive cleaning required, abuse of the hot tub (see paragraph 17 below), or violation of
policies. The person in whose name the property is reserved as well as each person who makes
payment on the reservation will be held responsible for all occupants complying with rental policies,
procedures and restrictions and will be financially responsible for any damages to the property or its
contents during the tenancy. Honesty is always the best policy. Please tell us if loss or damages
have occurred during your stay.

10. Responsible Party/Damage/ Maintenance Fee:
All persons whose credit cards are used to pay for the reservation (the “Responsible Party or
Parties”) must sign this agreement and accept full responsibility for all occupants’ compliance with
Agent’s rental policies, procedures, rules, and restrictions. The Responsible Party or Parties must be
at least 25 years of age and are required to occupy the Premises for the entire term unless the Agent
is notified of early departure of the entire party. The Responsible Party or Parties must provide
supervision for occupants under the age of 25.

Aside from normal wear and tear, the responsible party is responsible for any damage to the
property and the contents of the property during possession under the Vacation Rental Agreement.
The Responsible Party or Parties agree that if damage is discovered, the Agent is authorized to
charge a deposit reasonably calculated to cover the cost of any damage to the Responsible Party or
Parties’ credit card on file, to be held in trust until the property and any damaged or missing items
are repaired or replaced. If multiple credit cards are used to pay for the reservation, all card holders
bear full responsibility for the total cost of any damage. The Responsible Party or Parties are liable
for damages caused accidentally, intentionally, negligently, or by omission.

A non-refundable Maintenance Fee in lieu of a security deposit is required and is charged to your
reservation. THIS IS NOT INSURANCE. It is a fee designed to relieve Responsible Parties of
responsibility for up to $1500 of ACCIDENTAL DAMAGE caused to the Premises. Any damage must
be reported immediately to Agent via email to [email protected] or by phone to
828-414-9026. The Maintenance Fee does not negate your responsibility as a Responsible Party,
Tenant, or Guest, and is non-refundable. Damage excluded from the maintenance fee for which
Tenant and Responsible Parties remain responsible are anything not considered accidental and
includes but is not limited to:

A. Intentional, willful, reckless, or malicious acts of the Tenant or others on the premises during
the tenancy.
B. Excessive damage by pets
C. Theft from the premises of the Owner’s property
D. Gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment or other
amenities provided within the Premises
E. Damage caused while under the influence of alcohol or drugs
F. Damages to property resulting from operation of any motorized vehicles (including OHV/ATV
type vehicles) by Tenant, Guests, or Invitees
G. Damages related to smoking inside the home.
H. Damages related to tampering with alarm systems and controls or Audio/Video/Internet wiring
or component programming within a property.
I. Damages related to gas log fireplaces due to use not for intend purpose, such as the logs being
re-arranged or burning wood, paper, marshmallows, or anything else other than gas inside a gas
log fireplace.
J. Gross negligence of Responsible parties, Tenant or others or intentional misuse of the Premises,
by having un-authorized parties or gatherings which result in extra housekeeping and/or
damage to the Premises.

11. Trust Account: Any advance payment made by Tenant shall be deposited in a trust account with
First Citizens Bank 1021 Main Street, Blowing Rock, NC 28605, a federally insured depository
institution authorized to do business in North Carolina. Tenant agrees that any advance payment
may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for
the benefit of and shall be paid to the Agent (or as the Agent directs) as it accrues and as often as is
permitted by the terms of the account.

12. Check-In/Check-Out:
Check-in: All cabins have either a coded keypad entry or a lockbox, so there is no need to come to
the office to pick up a key or check in. Normal check-in time is 4:00 pm. During holidays and busy
seasons, you will be notified if check-in time will be delayed. Refunds will not be made for delays in
check-in of less than 2 hours. Please call the office within 1 hour of arrival to your property to
report any damages or other issues. Otherwise, you may be held responsible for previous guests’
damage.

Early Check-in: Early check-in may be available when the prior guest’s departure is not scheduled on
your arrival date and when all necessary housekeeping and maintenance is complete. When
available, the early check-in option allows you to arrive at 1:00 pm. If you would like an early check-
in, please email [email protected] no sooner than 48 hours before your arrival.
You will receive a response within 24 hours. Early check-in is not guaranteed. To truly guarantee an
early check-in or provide for early check-in before 1:00 pm, you must reserve the night preceding
your check-in date. Guests who arrive before their pre-arranged check-in time without authorization
may be charged for an extra night.

Check-Out: You must vacate the property no later than the published check-out time on the last
day of your reservation.

Late Check-out: Late check-out may be available when the next guest arrival is not scheduled for
your departure date. When available, late check-out allows you to depart at 1:00 pm. The late
check-out is not guaranteed. To truly guarantee a late check-out you need to reserve an additional
night.

Check-out procedures: Check-out procedures are provided to you. If you do not receive check-out
instructions, please contact the office. Failure to follow the check-out instructions can result in
damages or fees not included in your reservation.

User Error/Lock Outs/Lost Keys: Please call the office during business hours or the emergency
phone after hours if you experience trouble with a lock box, keypad, or lost keys and cannot enter
your rental. There will be a $20 charge for lost keys. If you accidentally take keys home with you,
please mail them to PO Box 2486, Blowing Rock, NC 28605.

Items Left in Property: Agent is not responsible for items left in rental properties. It is important to
check thoroughly before departing to avoid leaving your belongings. If you failed to remove and
pack belongings, please notify us immediately and we will attempt to locate the item, deliver it to
the office and arrange for packing and shipping to the address you provide. There is a shipping and
handling fee of $25 PLUS the actual cost of shipping for the return of your belongings.
Success locating and returning items is affected by many variables. There is no guarantee that left
items will be found. Shipping and handling will not be charged unless we successfully locate and
ship the items. Items found but not claimed within 1 week of departure will be disposed of or
donated to charity.

Care and Cleaning: All properties are professionally cleaned prior to your arrival and after
your departure. Cleaning issues and mistakes do sometimes happen and must be reported to
Management immediately upon check-in. If you do not give us the opportunity to make things right,
we will not consider any refund of rent. Please respect the owner’s property. Please do not
rearrange the furniture or move décor, electronics, or other personal items around the home.
Guests are expected to keep the home neat during their stay and a small amount of basic cleaning
supplies are provided. We do not charge a departure cleaning fee but do require guests follow
check-out instructions provided. We find that guests would rather do a little tidying before
departure rather than paying an additional fee. However, your signature on this contract authorizes
us to charge an appropriate amount for additional cleaning beyond the standard clean if required
because of your occupancy. This is rarely necessary but has been done on occasion.

13. Essentials. Linens are provided. Beds are made up with clean linens and at least two towels are
provided for each guest. If you require more than two towels per guest, it is recommended that you
bring towels from home. Agent provides a starter supply of paper towels, toilet paper bath soap,
dish soap, dishwasher pods, and trash bags to use the first night. After that supply is used, you will
need to purchase additional supplies or bring supplies from home. Your kitchen should be stocked
with common kitchenware and tableware sufficient for basic meal preparation. Specialty cookware
is not guaranteed, and office staff will probably not know what specialty equipment is at the
Premises, so anything special you need should be brought with you.

14. Air Conditioning: Please be aware that some properties may NOT be equipped with air conditioning
and some properties have window units, eco-friendly systems, baseboard heat, or other systems
that are not generally referred to as Central Air Conditioning. It is the Tenant’s responsibility to

check the Premises advertising and understand the amenities of the Premises. Agent is not
responsible for weather conditions at the time of the tenancy and there will be no refunds or
switching of properties due to lack of air conditioning systems. See also Mechanical Failures
paragraph 16. Below.

15. Telephones/Wi-Fi/Television: Telephones are provided in some of our vacation homes for your
convenience. Homes with telephones allow local and emergency calls at no charge. However, most
phones have blocks against long distance calls, so please plan on bringing your personal cell phone
for use either at the property or when you are in town. Please note: Cell phone service cannot be
guaranteed in the mountains. Wi-Fi cannot be guaranteed in the mountains. And all these things
can lose strength or go out altogether for many reasons, including power outages and storms and
lightening. No refunds, partial refunds or compensation will be given because cell service or Wi-Fi is
unavailable during your stay. Pay per view television, including HBO, special sporting events,
ShowTime and other channels not provided by the owner’s service are not included in your rental.
This is the Owner’s choice. Please do not ask us to add extra channels or services. Viewing pay per
view programs, adding apps, or adding services is and will result in a charge against your deposit
and/or credit card. Likewise, use of streaming services must be done through your individual
accounts after logging in. If you try to upgrade or add services or accounts, you will be responsible
for any charges and you agree that those charges may be charged to your credit card on file.
16. Mechanical & Equipment Failures, Repairs, Inconvenience: Equipment, mechanical systems, and advertised amenities in the vacation rental home should be in good working order and repair upon
your arrival. Please report inoperative equipment to Agent immediately and Agent will make every
effort to have repairs done in a timely manner during reasonable hours. Each home has smoke
detectors. Please notify us immediately if they are not working. Do not wait until the end of your
stay to tell us something wasn’t working properly.
We will do our best to ensure that your stay is stress free, however, the speed of service cannot be
guaranteed in our small community. The timing and availability of solutions will be affected by
holidays, weekends, popular seasons, sold out weekends, supply chain issues, limited availability of
service providers and specialists in the community, and other factors affecting the timing and
availability of materials and services. Expect those factors to be greater in Blowing Rock and the
High Country than they would be in a larger town or city, or one located closer to a larger town or
city. Mechanical failures of appliances, air-conditioning or heating systems, hot tubs, television
services, Internet, Wi-Fi, gas fireplaces, hot tubs, or any other appliance or system that fails to
operate properly during your stay, are largely beyond our control and no refund or rent reductions
are guaranteed. Agent will consider the habitability of the Premises, the failure and inconveniences
that occurred, the length thereof, and other relevant factors, along with the interests of Owner and
Tenant in deciding on an appropriate resolution.
Ladybugs, stinkbugs, squash bugs, flies, ants, rodents, and other pests are not uncommon in the
mountains, especially in forested areas, and pest control can be ineffective against certain pests and
during certain times of year. Accordingly, like all things beyond our control, we are happy to assist
you to find a solution, if there is one, but no refund or rent reductions are guaranteed, especially for
minor infestations.
No refunds will be granted for unsatisfactory housekeeping, but every reasonable effort will be
made to address any housekeeping issues you encounter, provided we are notified immediately.

17. Hot Tubs: If your house includes a hot tub, special rules for it’s use apply. Damages, abuse, or
failure to comply with stated hot tub rules provided to you before your stay, requiring repair,
draining and/or excessive cleaning outside our regular maintenance for normal use will result in an
immediate charge of $125 to your credit card on file. All hot tubs are professionally serviced before
your arrival. A hot tub is a spa and not a bathtub. If you follow our simple rules, you should not
have a problem with the hot tub. Please note that some people, especially children are sensitive to
the chemicals used to keep a hot tub clean and sanitary. We are not responsible for personal
reactions to hot tub chemicals. Hot tub covers must be secured and cannot support the weight of
an adult or child. You are responsible for damage if the hot tub cover is not properly secured or is
damaged.
a. Hot Tub Use is at Your Own Risk: Tenant is responsible for all persons on the property.
Please take care to know the rules of hot tub usage.
b. Hot Tub Service. Chemicals are checked and balanced before arrival. If you have reason to
believe the tub was not serviced properly, you must contact Agent within 1 hour of arrival at
[email protected] or by calling the emergency phone. We will provide
service as soon as service is available at no charge. Agent is not responsible for water
quality for the duration of your stay. Showering before use reduces the impact of use on
the hot tub chemicals and filter system. Showering after use removes chemicals and any
residue that may have been introduced into the tub from your skin. It is guest’s
responsibility to report if use of the tub has created the need for servicing. The need for
additional servicing is caused by use and there is a fee to maintain the quality of the water
during your stay. You may order service by calling or emailing. Chemical balancing is $45. A
mid-stay dump and refill is $100. It may take up to 48 hours to complete the service and
reheat the water. If the water needs service, continued use without treatment may cause
injury.
c. If your reservation was made within 24 hours of arrival, you should not use the bot tub
until after service has been confirmed. For last minute reservations, it is the Tenant’s
responsibility to confirm that the hot tub has been serviced.
d. A hot tub cover does not prevent children from entering. To avoid injury to not permit
children to use or access the hot tub unless closely supervised by and adult. Use extreme
caution and always supervise your children during your stay.
e. Stay off and properly manage the hot tub cover. Hot tub covers will not support the weight
of an adult or child. If a hot tub cover is broken because it cannot support climbing on it,
you will be charged to replace it which can cost upwards of $600. Remove the cover
completely before entry to prevent entrapment. Non-secured or improperly secured covers
are a hazard under any circumstance but especially in high winds. Failure to follow
instructions may result in injury or drowning.
f. Temperature. Water in the hot tub should never exceed 104 degrees F (40C). Higher
temperatures are considered unsafe for adults. Lower temperatures are recommended for
children. Usage time for these temperatures is 10 minutes. Prolonged usage may be
injurious to your health. Before using a hot tub, the water temperature should be measured
with an accurate thermometer.
g. Splashing. Do not splash water out of the hot tub. Doing so may damage the hot tub.
h. Pregnancy. Pregnant women should consulta a physician before using a hot tub.
i. Medication. Medications, alcohol, and drugs should not be used before or during hot tub
use.
j. Physical Concerns. A physician should be consulted if there is a medical history of heart
disease, low or high blood pressure, circulatory system problems, diabetes, or if suffering
from obesity.
k. Suction Guards. Do not use the hot tub unless all suction guards are installed and in good
condition to prevent body and hair entrapment.
l. No Electrical Appliances. Do not permit electric appliances (For example, computers,
telephones, lights, radios or television) within 10 feet of the tub.
m. Infectious Disease. People with infectious diseases should not use the hot tub.
n. Caution! Wet surfaces can be slippery. Exercise care when entering or exiting the hot tub.
o. Exercise. Do not use a hot tub immediately following strenuous exercise.
p. No horseplay, or roughhousing in the hot tub.
18. Utilities: Power outages occur infrequently in this area and are normally resolved quickly.
Regardless, no refunds will be issued for minor disruption of any utilities including, but not limited to
power outages and water outages.

19. Locked Areas: It is normal for a portion of the property to be locked and unavailable to the guest.
Locked closets, garages, or other areas are reserved for storage of housekeeping supplies and the
owner’s private property. Locked areas are not included in your reservation. Entry into locked areas
of the house will be considered trespassing.

20. Tenant Duties: Tenant agrees to be a polite and conscientious neighbor and comply with all
obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the
Premises, including but not limited to keeping the Premises as clean and safe as the conditions of
the Premises permit and causing no unsafe or unsanitary conditions in the Premises, common areas
and remainder of the Premises that Tenant uses. Tenant agrees to notify Agent in writing of the
need for replacement or repairs to a smoke detector, including the need to replace the batteries as
needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that
violates any international, federal, state, or local criminal or civil law or governmental regulation,
covenant, or restriction, including noise ordinances, parking restrictions, and illegal use of the
Internet. Tenant’s breach of any duty contained in this paragraph shall be considered material and
shall result in the termination of Tenant’s tenancy. Agent will cooperate with any investigation of
illegal activity that seeks to hold perpetrators responsible.

21. Agent Duties: Agent agrees to provide the Premises in a fit and habitable condition. If at the time
Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and
habitable condition or substitute a reasonably comparable property in such condition, Agent shall
refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities
regarding this Agreement without respect to the race, color, religion, sex, national origin, handicap,
sexual orientation, or familial status of any tenant.

22. Cancellation: You may cancel within 24 hours of booking and receive a full refund, except, if the
reservation is made within 24 hours of arrival date, there is no refund due if the property is entered
by any person associated with the reservation.
(i)In the event of a cancellation by Tenant more than 24 hours after booking, the Tenant shall
receive a refund of all payments made by Tenant, less the processing fee and any non-refundable
insurance charges, only if the Premises are re-rented on the terms set forth herein. If the Premises
are not re-rented on the terms set forth herein, Agent is not obligated to offer future credits or
refunds for cancellations due to emergencies, regardless of the situation, including but not limited
to weather events and acts of God, unexpected illnesses, injury, or death, changing of plans or job
loss. Active members of the Military and Armed Forces must provide written proof of orders
affecting travel and a copy of their military ID to qualify for a cancellation with refund.
Amount of Refund Upon Re-rental: If the premises are re-rented, Tenant will be refunded no more
than the amount of the room rate of the re-rental, plus taxes and refundable fees (see paragraph 22
(i) above) and never, in any event, more than the Tenant has paid. Agent has full discretion to re-
rent the premises at any rate necessary or advisable, in Agent’s sole discretion, to re-rent the
premises for the benefit of the Owner. If Agent cannot re-rent the Premises at all, then Tenant will
forfeit the prepaid rental deposit.
(iii) Agent is not obligated to refund unused days in the event of late arrival or early departure.
(iv) Whether or not the Premises are re-rented, Tenant, rather than Agent, shall be responsible for
seeking reimbursement of any fees paid by Tenant to Agent for goods, services, or benefits procured
by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s
cancelation.
(iv) In the event a property is not available due to maintenance and repair issues, Agent reserves the
right to transfer you to a comparable property, provided one is available (see paragraph 37.
Substitution below).
We highly recommend the purchase of Travel Protection Insurance (see paragraph 7).

23. Transfer of Premises:
(1) If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement
against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 or
less after the grantees interest in the Premises is recorded. If Tenant’s occupancy is to end
more than 180 days after such recordation, Tenant has no right to enforce the terms of this
Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does
not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and
other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of
the Premises, the grantee or the grantee’s agent is required to: (i) notify Tenant in writing of the
transfer of the Premises, the grantee’s name and address, and the date the grantee’s interest
was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises
subject to the terms of this Agreement or receive a refund of any payments made by Tenant.
However, if the grantee engages Agent to continue managing the Premises after the transfer,
the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored
under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement.
(2) Upon termination of the owner’s interest in the Premises, whether by sale, assignment,
death, appointment of a receiver or otherwise, the owner, owner’s agent, or real estate agent is
required to transfer all advance rent paid by Tenant (and other fees owed to third parties not
already lawfully disbursed) to the owner’s successor-in-interest within 30 days, and notify
Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s
occupancy under this Agreement is to end more than 180 days after the recordation of the
interest of the owner’s successor-in-interest in the Premises, and the successor-in-interest has
not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to
third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
(3) If the owner’s interest in the Premises is involuntarily transferred prior to Tenant’s
occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by
Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after
the transfer.

24. Mandatory Evacuation: If State or local authorities order a mandatory evacuation of an area that
includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be
entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises
because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession
of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated
Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory
evacuation order, or (ii) Tenant purchased such insurance from Agent. The insurance shall be
provided by an insurance company duly authorized by the North Carolina Department of Insurance,
and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged to Tenant
for the vacation rental.

25. Expedited Eviction: If the tenancy created hereunder is for 30 days or less, the expedited eviction
procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such
procedures if Tenant: (i) holds over in possession after Tenant’s tenancy has expired; (ii) commits a
material breach of any provision of this Agreement (including any addendum hereto) that according
to its terms would result in the termination of Tenant’s tenancy; (iii) fails to pay rent as required by
this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.

26. Weather and Road Conditions: Weather conditions in the mountains of North Carolina are
unpredictable. Be aware that rain, fog, snow, sleet, and ice are possible. Road conditions may
become hazardous before or during your stay. For this reason, a 4-wheel drive vehicle, ideally with
tire chains for backup, and the ability to drive on snow and ice are required during the winter
months (November through March) and are sometimes recommended during other times of year to
provide your party with the safest possible mountain experience. Neither a 2-wheel drive vehicle
with chains nor an all-wheel drive vehicle will perform as well as a 4-wheel drive vehicle, with chains
for back up, and are not recommended. It is your responsibility to arrive fully prepared and there
will be no refunds, allowances, or date changes resulting from your negligence in this matter.
Agent has service providers for plowing of driveways only. Properties are treated on the provider’s
schedule, over which we have no control. Service providers often wait until primary and secondary
state-maintained roads, as well as any subdivision roads, are cleared before traveling to the
property to clear your driveway. This can take hours to days, depending upon conditions. Service
providers are instructed to schedule plowing after 3 inches of accumulation. We do not guarantee
the same standard of clearing as state-maintained roads. We seek to make driveways passable by a
4-wheel drive vehicle with chains. Weather conditions dictate whether this is possible given the
resources available. Be prepared to delay your departure, including rescheduling flights, in the
event of a significant snowfall or ice event. Agent cannot and will not be able to change the ice and
snow mitigation process or timeline based on guest travel plans, and we cannot guarantee that you
will be able to depart on time to return home or to return to work.
Agent cannot and will not be responsible for your personal safety. When traveling in winter, in the
mountains, always take personal responsibility for your own safety. Bring proper and adequate
clothing for the weather conditions and pack food, and water, and other necessary supplies to take
care of yourself and your family during a heating failure, power outage, accident, or other situation
that could be impacted by weather conditions.
Snow plowing service for the driveway may not include the removal of snow and ice from walkways
and entry areas, which may be slick and hazardous. Bring appropriate footwear and be prepared to
clear your own walkway, if necessary. Please take care not to damage walkways and porches in the
process of clearing ice and snow. You will be held responsible for any damage.
No refunds will be given if you are unable to access the property because you do not have 4-wheel
drive. Agent does not provide refunds, partial refunds, or any other compensation related to
weather conditions after guest arrival.

27. Trash Removal. Trash removal instructions will be provided to you before check-in. Animals are a
problem in the mountains, so please bag all garbage securely, secure the lids on all outdoor cans
with any bungee cords or fasteners provided, and if available, secure the cans in an outdoor bear
resistant enclosure. If you have excess garbage that will not fit in the receptacles provided, please
take it to the local convenience center or pack it out with you. Do not leave garbage outside the
cans/enclosures provided at any time. If you are checking out on a day when the convenience
centers are closed, you may leave one small, tightly secured bag of trash in the kitchen for
housekeeping to pick up. You will be charged for any additional trash left inside the property so
plan for proper disposal before you depart. You will be charged for trash pickup service if you leave
garbage outside the provided outdoor cans and enclosures, resulting in animals scattering trash.

28. Indemnification and Hold Harmless: Tenant agrees to indemnify and hold harmless Agent and the
owner from and against any liability for personal injury or property damage sustained by any person
(including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of
any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or
willful act of Agent or Owner, or the failure of Agent or Owner to comply with the Vacation Rental
Act.

29. Right of Entry: Tenant agrees that the Agent, the owner, or their respective representatives may
enter the Premises during reasonable hours to inspect the Premises, to make such repairs,
alterations, or improvements thereto as Agent or owner may deem appropriate, or to show the
Premises to prospective purchasers or tenants.

30. Assignment: Tenant shall not assign this Agreement or sublet the Premises in whole or part without
written permission of Agent.

31. Pets: Unless otherwise specifically permitted in this Agreement (including any Addendum hereto),
no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered
material and shall result in termination of Tenant’s tenancy. Please note that pets must be pre-
treated for ticks, fleas, worms, and parasites prior to your arrival (see Pet Rules paragraph 32
below). We DO NOT guarantee that properties advertised as not allowing pets are “pet-free” and
that they have never had a pet on the property.

32. Pet Rules: We love animals, but to respect our owners and tenants we have specific rules that must
be followed if a pet is approved. Only dogs are allowed at our rental properties. There will be no
dogs allowed in any property without first obtaining approval from Agent and paying a pet fee
(Exception for service animals). I would like to see a paragraph that sets for the laws about Service
Animals vs. Emotional support animals. If your dog is approved, the dog(s) must be up to date on all
shots/vaccines and on flea and tick preventative. They should not be allowed up on any furniture in
the home and must be house trained to go outside (no pee pads allowed). If left alone in the
property, your dog(s) must be crated. Tenant’s breach of these rules shall be considered material
and shall result in forfeiture of any monies paid and the termination of tenancy, in addition to a
minimum $150 additional pet cleanup fee, plus an additional minimum of $300 to clean rugs and
furniture.

33. Smoking: All Agent’s rentals are NON-SMOKING properties. You may not smoke tobacco or
marijuana or use e-cigarettes, vaping or incense inside any of the properties. If any sign of smoking
is found inside a property, the card of Responsible Party or Parties will be immediately charged a
$300 smoke removal home restoration fee. The responsible party accepts responsibility for any
additional smoke odor remediation that is necessary and possibly to reimburse the property owner
for time off the market, should remediation require extended time.

34. Parking, RVs, Boats, Trailers, ATV/OHV and Off-Road Vehicles: Due to our mountainous terrain,
parking can be limited at some properties. Some communities have strict standards regarding the
number of vehicles that can be parked at a property. Some may not allow motorcycles, RVs or
trailers. Tenant must observe the parking limitations of each property and must not park in
undesignated areas or block access to neighboring properties. Do not bring ATV/OHV type vehicles
or trailers without prior approval. Riding ATV/OHV and other off-road vehicles on the property or
neighboring properties is strictly prohibited. Parking trailers, horse trailers, boats, RVs and other
large equipment requires advance discussion and approval from Agent.

35. Firearms and Fireworks: Use and possession of firearms and fireworks are strictly prohibited.

36. Properties are Privately Owned: The properties managed by Agent are privately owned and reflect
the needs and tastes of the Owners. The condition of the property, as well as the furnishings, will
vary according to the Owner’s choices. Every effort has been made to assure that the descriptions
of the properties are correct; however, Agent cannot be responsible for and is not always aware of
changes made by the Owner to the furnishings or equipment in the units. There will be no refunds
due to the property not being decorated or accommodated to the Tenant’s individual preference or
due to missing or broken small appliances or other discrepancies with the website. A house you
have stayed in previously will not necessarily have the same small appliances and equipment as the
last time you stayed there.

37. Substitution. Agent reserves the right to substitute accommodations if circumstances require.
Circumstances include but are not limited to acts of nature or other accidents that may render a
property uninhabitable. If your chosen property becomes unavailable, Agent will attempt to contact
Tenant to offer alterative properties, or a full refund of all monies will be given I Tenant does not
find any alternative homes acceptable.

38. Events, Large Gatherings, Noise: Tenant understands that Property is a privately owned vacation
rental home and is not intended to serve as an event venue. If Tenant wishes to hold any form of
celebration, gathering, reunion or other event at the Property, Tenant must first seek written
permission from Agent before the reservation will be accepted or confirmed. If an unauthorized
gathering occurs during Tenant’s reservation, Tenant understands that they will be required to leave
the property immediately without refund. If any unauthorized event occurs, Tenant will be subject
to a fine and will be responsible for all damages, additional cleaning, and additional trash charges.
Tenant understands that neighborhood and county noise restrictions will be in effect for the
duration of their rental.

39. Jurisdiction: This agreement and the performance thereof shall be governed, interpreted,
construed, and regulated by the State of North Carolina. The parties agree to submit any matter
arising out of this Agreement to the Federal courts located in Burke County, North Carolina and the
state courts located in Watauga County, North Carolina. The Parties agree that said court shall have
exclusive original jurisdiction over any matter relating to or arising from this Agreement and the
parties’ rights and obligations under this Agreement. Each of the parties hereby expressly waive any
objection of defense it may have to the personal jurisdiction of the Federal and State courts located
in the State of North Carolina. If Agent must seek remedy in court for any reason, all attorney’s fees
and court costs shall be paid in full by Tenant.

ACKNOWLEGEMENT OF ALL STATED TERMS AND CONDITIONS:
By signing below, I certify that I agree to abide by the rules and policies herein as well as those
pertaining to the property I am renting, and I agree to abide by homeowners/agents/association
restrictions on use of said property. I further understand that I am executing this contract on behalf of
all parties traveling with me. Failure to adhere to the rules and policies may result in forfeiture of my
deposit and/or denial of occupancy without refund. I agree to the rules and policies concerning the use
of the hot tub. I will not bring a pet to a property that does not allow such. I understand that my
property is not equipped with air conditioning unless otherwise stated on the Internet listing. I
authorize the use of my credit card for any damages incurred during my tenancy. I understand that if I
wish to rent a property for a purpose other than a family vacation, authorization must be obtained in
writing prior to finalizing the reservation.

No Smoking