The Flying Pig Lodge

  1.  RENTAL AGREEMENT

THIS AGREEMENT IS MADE AND ENTERED INTO BETWEEN THE UNDERSIGNED GUEST (HEREINAFTER REFERRED TO AS GUEST) AND OWNER, (HEREINAFTER REFERRED TO AS OWNER) FOR THE RENTAL OF THE PROPERTY (HEREINAFTER REFERRED TO AS THE PROPERTY). NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS SET FORTH BELOW AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEDGED, THE PARTIES COVENANT AND AGREE AS FOLLOWS:

 RESERVATION POLICIES

Payment in full (Total Payment) is required at the time of booking to reserve the property. The reservation name, the credit card name, and the rental agreement signature must all match. All payments must come from the person on the reservation. We will return any payments (minus administrative fees) received from an account that does not match the reservation name. Bank/credit card fees are 3% when our bank takes the unacceptable payment, plus another 3% to return the unacceptable payment.

 TOTAL PAYMENT INCLUDES THE RENT AMOUNT, FEES, AND TAXES

To protect your vacation investment, we strongly recommend you purchase travel insurance. You acknowledge that changes or cancellations may result in loss of up to the total paid to date.

 CANCELLATION POLICIES & FEES

In the event of a reservation cancellation, written (email) notice is required and the guest will be refunded 100% (minus administrative fee) of their investment if canceling more than 60 days prior to the date of their stay.  Guest will forfeit their investment if canceling less than 60 days prior to their stay.  Please note no further concessions will be made for Coronavirus cancellations and all rentals will be held to this cancellation policy.  The Owner cannot accept cancellation requests with less than the required advance notice. The Owner reserves the right to rent the unit to a different group if the reservation is not paid in full by the payment due date. Cancellations occurring due to lack of total payment will result in forfeiture of the initial payment plus any rent, taxes, and fees paid. In no event shall a Guest assign or sublet the Rental Property in whole, or in part.

 RENTAL RATE AND FEE

The agreement for this booking is as follows: Rental fees are based on 1 to 16 guests occupancy including all utilities provided by the owner.  For every additional person, there is $10 per night additional fee, not to exceed 20 persons.  Guests pay agreed upon rental rate, $400 cleaning fee, $120 administrative fee, $69 Damage Insurance Fee, and $50 Optional Nursery Room Use fee. All rates and fees are subject to change and are based upon the agreed upon confirmation at the time of booking + any adjustments made through agreed upon requests of the guest after booking.

 SECURITY DEPOSIT AND DAMAGE INSURANCE

Guest accepts full responsibility for any and all damage to the home or property caused by Guest and their party during their stay. Guest will deliver a refundable security deposit of $500, which will be fully refunded after cleaning and inspection provided that all checkout instructions have been followed and there is no negligent damage or loss noted by the inspector.  Guest understands that the rental does also include an accidental damage insurance policy at a cost of $69 due at the time of booking, which will provide up to $5,000 in accidental damage protection on the property and the contents of the property. The damage insurance policy is a tool to protect both the homeowner AND the guest from unnecessary costs for mishaps occurring during their stay.

**Guest understands that the damage insurance policy will ensure coverage (up to $5000) with no deductible, but only provided Guest notifies and assists the owner in making a claim at the time the damage occurs. (This includes lost items, broken or damaged kitchen items, ripped bedding, stains, scratches, rips, tears, broken furniture, damage to the cabin, etc.). In the event of damage, it is the Guests full responsibility to report all damage to owner and fill out the claim form for processing during their stay. A claim form will be provided to guest with instructions in the event of an incident.

***Guest acknowledges that purposeful negligence and blatant disregard of rental agreement, rental rules or vandalism by anyone in their party will NOT be covered by the insurance policy and any cost incurred by the owner for any such incident will be charged back to the guest in full. Purposeful negligence includes but is not limited to Smoking inside the residence, bringing animals into the residence, neglecting to adhere to hot tub rules, tampering with the security cameras, discharging fire extinguishers in the absence of a fire, vandalism to property and/or general failure to follow additional rules as outlined in this agreement. Guest accepts responsibility for any damage beyond the coverage provided by the accidental damage insurance (greater than $5000). As long as the guest adheres to the agreement as outlined (smoking, pets, hot tub rules, number of guests, rental age restrictions, failure to follow checkout instructions resulting in additional cleaning fees and vandalism), there will be absolutely no additional charges to the guest as long as they report all damage promptly. A full assessment of household inventory and condition is performed after each guest checkout and owner keeps an up to date report of existing damage.

LOSS OR DAMAGE

If anything belonging to the cabin is lost or damaged during their stay, Guest agrees to contact owner right away with details, so that owner can make arrangements for replacement/repair prior to the next guests check in time. In the event that kitchen items are broken (glasses, plates, etc.) items must be replaced immediately for incoming party. Guest can notify owner and fill out the claim form for housekeeping OR replace the item themselves with owner approval if they opt not to file the claim. See Guestbook inside cabin for details.

 REFUNDS

The Rental Agreement is a legally binding agreement between Guest and The Owner. Your reservation and signed Rental Agreement bind you to a specific property (3111 Mountain Grace Lane Sevierville, TN 37876) for a specific period of time Arrival Date through Departure Date. There should be no expectation of refunds or relocation because you are disappointed with the property you have rented or in the event that something associated with the property is not working to your satisfaction. All properties are privately owned and furnished per the owner's requirements, so unlike a hotel, we cannot relocate you without specific authorization from the Property Owner. In the event that a problem arises during your stay, we will make every attempt to solve it in a timely manner. There will be no refunds for mechanical failure of appliances, a/c units, etc.

 INABILITY TO DELIVER PROPERTY

In the event that the owner of the Property is unable to deliver the Property to Guest because of fire, eminent domain, act of nature, or delay in construction, Guest hereby agrees that the Owner’s sole liability as a result of these conditions is a full refund of all consideration previously tendered by Guest. If at the time Guest is to begin occupancy of the Property, Owner cannot provide the Property in a fit and habitable condition or substitute a reasonable comparable property in such condition, Owner shall refund to Guest all payments made by Guest.

 Owner reserves the right to substitute comparable accommodations if circumstances require. Pursuant to the terms of this Agreement, Guest expressly acknowledges that in no event shall the Owner be held liable for any consequential or secondary damages, including but not limits to, any expenses incurred as a result of moving for any damage, destruction or loss.

 RENTAL RULES

It is the signing guest’s responsibility to ensure that all members of their party and anyone else they admit onto the property observe the following rules at all times while at the property.

NO SMOKING - Smoking is NOT allowed inside the property at any time. In addition to Guest paying for any damages, any clear violation of this policy will result in a minimum $500 fee. Smoking outside on the property is allowed but all cigarettes must be disposed of in designated receptacles provided by the owner.

NO ANIMALS - Animals of any kind are NOT allowed. In addition to Guest paying ALL damages, ANY violation of this policy will result in immediate termination of the rental with no refund. If it is determined that a pet has been allowed inside the cabin after the rental period has ended, guest will be charged a $500 fee. We cater to guests with major pet allergies. It is the signing guests responsibility to ensure that their entire group is aware and in agreement with this policy.

MAX OCCUPANCY - Additional people (over the max occupancy #) are not allowed inside or on the property grounds unless the owner has approved it. Parties inside the property or on the property grounds involving people not noted in the rental agreement are not allowed and will result in immediate termination of the rental.

PERSONS ON PROPERTY - Any person inside the property during the contracted dates with the exception of the homeowners and any contractors hired by the owners are the sole responsibility of Guest and must not exceed the maximum number of occupants.

HOT TUB - Guest agrees to adhere to the hot tub observances stated below

When using the hot tub, Guest understands that there are certain health risks associated with this facility. Please refer to the list of Hot Tub risks & observances in the guest book at the cabin. The property Caretaker assesses, cleans, tests and replenishes the chemicals in the hot tub after each stay. The hot tub are drained, sanitized, refilled and replenished based on visible inspection of cleanliness, Physical inspection of chemical balance and frequency of use and shall be maintained in a sanitary condition at all times by the Caretaker. The hot tub is always emptied completely, cleaned and refilled if there has been any sign of use (visibly or chemically).

·       Upon check-in the hot tub may not be warm until later that evening, depending on what time they were emptied.

·       Guest agrees to Inspect the tub upon check-in and notify Homeowner immediately if there is a visible issue with either of the hot tub (at which time, homeowner will resolve to the best of his/her ability).

·       Guest agrees to accept liability for any incidents occurring in the hot tub and to use at their own risk.

HOT TUB OBSERVANCES As long as Guest adheres to these rules the hot tub should never have a foul odor, be discolored or cloudy.

•       No standing, weight bearing or placing of heavy items on top of the hot tub covers. Hot tub covers are for insulation purposes and are not designed to support a person or persons or any weighted object.

 •        Keep hot tub covers in place and secured at all times when not in use

  •       Do not touch the quick release valves located on the hot tub for any reason. Do not empty the hot tub water for any reason. This will result in a $100 fee. If there is an issue with hot tub cleanliness during your stay, or if you experience any other issue with the tub, simply notify the owner for direction.

 •       Prior to entering hot tub, all participants will ensure they are free of body oils, lotions, perfumes and dirt which can damage the hot tub circulation system.

 •       NO use of any soaps, fragrances, oils or lubricants in the hot tub at any time.

 •       NO glass in or around the hot tub Soaps, chemicals and any type of debris can ruin the hot tub pumps and broken glass can cause injury. If there is any sign of any of these items in the hot tub upon inspection, guest will be charged a straight maintenance fee of $100, or the total cost of whatever repairs are necessary (we encourage you to check hot tub upon check-in, for your own piece of mind).

 •       NO children under the age of 12 permitted in hot tub at any time without adult supervision. Guest should never enter hot tub with any open sores or wounds and enter at their own discretion if they have any of the other conditions noted in the guest book at the cabin.

ALCOHOL & DRUGS - Any damage resulting from alcohol or drug induced behavior will not be covered by accidental damage insurance and if such an incident occurs, guest will be subject to immediate eviction by the owner.

KEGS - Kegs of beer are not allowed on the property as historically on our properties, these indicate abusive alcohol behavior, resulting in damages.

SECURITY - Guest agrees to maintain the security of the property when on and off the premises. Guest agrees to keep all doors and windows secure and the alarm system activated when not on the premises, as per instructions provided within the guest manual, located at the cabin and per the email instructions provided to guest prior to check in.

SECURITY CAMERAS – We have security cameras on the outside of the property for your protection and ours.  Tampering with security cameras is not allowed. Security cameras are in place for the safety of the guests and their personal items. Tampering with exterior security cameras will result in a $500 fee, plus payment for any damages.

ROOF - Guest agrees to never access the roof at any time unless it is an emergency requiring escape from the cabin. Windows that open directly on to the shed roof are NOT to be opened at any time. These windows are sensored and an instant notification will be sent to the owner if this occurs and the rental will be terminated with no refund if a guest accesses the roof in the absence of an emergency evacuation.

ARRIVAL - Upon arrival, Guest agrees to inspect property and notify the owner if anything is not functional, obviously missing and/or not in good working order. Caretaker or owner will check in to be sure that Guest is able to understand and operate any technology, appliance, thermostat, and alarm system inside the property. Guest agrees to notify caretaker or homeowner immediately upon check in if the cabin appears dirty or if there is an issue that needs to be addressed.

WEATHER / NATURAL DISASTER

In the event of an ordered evacuation due to any type of weather/natural disaster, you are required by state law to vacate property. The Owner will not issue refunds in part or in full for inclement weather. Our recommendation for travels during seasons with inclement weather is for you to research and purchase trip cancellation insurance.

During the winter months (and anytime there are snow conditions).  4-wheel drive vehicles and/or snow tires are recommended when crossing the mountains and on non-county maintained roads.  No refunds will be given for storms or road conditions.

 INDEMNIFICATION

The Guest agrees to indemnify and hold harmless the Owner for any damages to or loss from the rental house, grounds, furnishings, appliances, household items and any other of the Owner’s property resulting during the Guest’s rental term, normal wear and tear excluded.

 The Guest further agrees to indemnify and hold the owner harmless from any claim or liability for any loss or damage whatsoever arising from, related to or in connection with the rental of this rental property, including but not limited to any claim for personal injury or damage or loss of property which is made, incurred or sustained by the Guest or other occupants or invitees of Guest. The owner is not responsible for any of the Guest’s or other occupant(s) valuables, cash or other property during the rental term or thereafter left at the rental house.

 GROUPS

Rental Properties are for family vacations only: The Owner gladly rents to families or responsible adults over the age of 35. The Owner has a No-Group Policy, which includes but is not limited to the following: school, spring break, prom, graduation, etc. The Owner MAY approve at the time of reservation and at our discretion with a significant additional damage deposit, rental to groups, but you must disclose at the time of reservation that you are a non-family group. Absolutely no house parties, overcrowding events, or kegs! Properties are stocked according to their maximum occupancy. Requests for extra items such as towels, sheets, blankets etc. will incur an additional fee to include delivery of items. Guests shall respect and not interfere with the rights, comfort or convenience of adjacent homeowners or occupants. If Guests violate any of the terms of this agreement, The Owner may, at his or her sole discretion, evict Guests and occupants of the property with no refund, which will also include, if applicable, Guest’s security deposit. Additionally, if evicted, Guest’s credit card will be charged a $500 eviction fee. The Owner reserves the right to refuse service to anyone. All rental properties are leased without regard to race, color, religion, sex, national origin, handicap or sexual orientation.

 ITEMS LEFT BEHIND

Should you leave anything behind, we will be happy to mail it to you at your expense with a service charge of $45 per hour for the time to set up the delivery, which will be charged to your credit card on file. In addition, you will need to supply your shipping address and credit card information to UPS or equivalent to pay for shipping charges.

 IMPORTANT TO NOTE

No illegal substances are permitted on the property at any time. Underage drinking is strictly prohibited and may result in eviction without refund. Quiet time. The noise curfew is 10PM in all residential areas and all guests are expected to comply.

 CHECK-IN

Check-in time begins at 4:00 PM Central. The Owner will make every attempt to have your property ready for check in at 4:00 PM Central. We can’t guarantee this time, however, as there are situations which occur beyond our control.

We will send the Door Code to the email on file at least 48 hours prior to 4:00pm Central on the day of Check-in.

 CHECK-OUT

Check-out by 10:00 AM Central. To avoid additional charges, please abide by our check out time and procedures! Cleaners have limited time to prepare property for the next guests. If Guest stays past the check-out time and interferes with cleaners coming to prepare for the next guests, Guest will be billed for an additional day. Check-out instructions and details will be sent to the Guest upon receipt of rental payment.  The Door Code will expire automatically at 10:00am on your Check-Out day.

 CHECK-OUT INSTRUCTIONS

By agreeing to the terms and conditions of this rental agreement, Guest agrees to do the following upon checkout to avoid additional cleaning fees:

•       Leave the cabin in the same condition in which it was found and maintain all property and furnishings in good order. Cabin is expected to have been lived in, but the cleaners are not coming to clean up an excessive mess.  They are contracted to do an entire house cleaning of the cabin, once it has been left free of debris.

 •       Leave the kitchen (cooktop, countertops, refrigerator etc) free of splattered grease and food debris.  Wash all dirty dishes, pots, pans and cooking utensils fully and return to their original location as they were found (free of any food residue and clean). Pictures & notes located in each cabinet for reference.

 •       Bring all dirty towels to laundry room for inventory. If possible, wash and fold the towels.  If this is not possible due to time constraints in the morning, please start a load in the washer and 1 in the dryer before you leave.

 •       Leave all the sheets and blankets on the beds for the cleaners to launder.

 •       Pick up garbage & clean up any debris in and around cabin that was caused during your stay. The cabin should be left free of food, excessive grease, spills & debris on the furniture, countertops, walls and floor.

 •       All garbage should be left in a designated receptacle

 •       Return all gaming items to their original location with packaging in good order.

 •       Notify owner of any accidental stains or damage to the cabin or the contents of the cabin so that we can be sure to address them prior to the next check in.

CLEANING FEE

Included in the price of the rental is a cleaning fee to clean the property once the guest has checked out. The cleaning fee goes directly to the cleaners. Cleaning this cabin takes approximately 5 hours for 3 people. The cleaning service HAS been contracted for the following items:  Clean grill & empty & clean hot tub, sweep decks spot clean windows, dust everything, clean & disinfect counter surfaces, sweep/mop/vacuum floors, wipe out oven, stovetop, microwave, refrigerator & warming drawer, clean toilets, showers/tub and sinks in bathrooms, launder sheets & blankets, make beds, tidy cabin, inventory & damage check.

Cleaning service HAS NOT been contracted to wash (or re-wash) dishes, dismantle appliances for deep cleaning, clean excessive spills, dried food or debris from surfaces or furniture, re-arrange furniture, search for and re-locate furnishings that have been moved, put away games, scrub greasy fingermarks from walls, windows, & furniture or pick up food, debris or garbage left out by guest inside the cabin or on cabin property. Guest understands that he/she will be charged at a rate of $60 per hour for additional cleaning required to return the cabin to its original condition when left excessively dirty as described above.

FIREPLACES

There are 2 gas fireplaces in the cabin that are on 60 minute timers.

SEPTIC

The cabin is on a septic system.  The ONLY acceptable man made item to flush is toilet paper.  Feminine products and other foreign items must NOT be flushed into the septic system.

 BUNK ROOM

Anyone using the bunk room must do so at their own risk.  We have made every attempt to provide grab bars and guard rails for safety, however, extreme caution must be used when climbing into and out of the upper bunks.  This is NOT a jungle gym and parents are expected to supervise their children to make sure it is not treated as such.  By accepting this rental agreement, the guest acknowledges that anyone in their party utilizing the bunkroom is doing so at their own risk.

ADDITIONAL CHAGES TO GUEST

The only additional charges that could be incurred by guest would occur only in the event that the guest fails to comply with the terms of the rental agreement (charges and terms stated above).  Guest understands that any breach of rental agreement and subsequent charges will not be covered under the guests’ accidental damage policy.

 PARKING

Guests are limited to a maximum of six (6) vehicles parked at the property at any one time.

 USE OF PROPERTY

Guest shall keep the Property as clean and as safe as the conditions of the Property permit, causing no unsafe or unsanitary conditions in the common areas or remainder of the Property that Guest or its invitees uses. Guest agrees not to use the Property or permit the Property to be used for any illegal or unlawful activity or purpose. Guest shall not assign this Agreement or sublet the Property in whole or part.

 FURNISHINGS

Transfer of furnishings of any kind from one property to another or the rearranging of furniture in or on the Property is strictly prohibited and will result in additional charges. Loss to these items, as well as damage to the Property or its furnishings in excess of normal wear and tear will be charged to the Guest. Guests are expected to leave property and contents in their original conditions and positions upon departure.

 APPLIANCES/EQUIPMENT

The Owner makes every effort to ensure all appliances and equipment are in working order. If you experience a problem during business hours, please call the guest service number and we will make every effort to resolve the issue in a timely manner. If you experience a non-emergency problem after hours, please call the following morning. In the case of an emergency (loss of heat or air, fire or flooding) please contact us immediately at Owners Phone. There are no rebates or refunds issued to guests for any reason as every good faith effort is made to ensure the Property is maintained to highest standards. Refer to property listing for information on items included with the Property.

 TV, CABLE OR INTERNET

Please be aware internet and cable are third party providers contracted through the owner. We purchase high-speed internet, as well as streaming cable and streaming services for your enjoyment.  However, due to the geographic location and number of guests in the area, the internet connection may become intermittent. While all properties have internet and cable, from time to time connectivity may become spotty and we advise you to have a back-up plan, such as a mobile hotspot, if you absolutely must rely on the internet while on your vacation. This is a Mountain town and the Flying Pig Lodge is not responsible for any internet or cable outages.

 HOUSEKEEPING

There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. The following will be provided per person for up to 16 people: 2 Bath towels, 1 Hand towel and 1 Wash Cloth. Bed sheets and blankets for all beds/bunks. A washer and dryer has been provided at the cabin for your convenience and detergent will be included, along with necessary household cleaning items (which are housed inside a cabinet in the laundry room). Guest understands that these cleaning products (as well as the washing products under the kitchen sink are toxic if ingested and accepts full responsibility for the safety of his/her party. Please note that we do not permit towels or linens to be taken from the unit. Missing towels & linens will be charged back to Guest.

 LOCKED AREAS

Areas for which Guest is not provided a key, such as Owner’s personal storage areas, are exempt from this Agreement and are off limits to Guest. Forced entry into these locked areas is cause for immediate eviction and Guest will be charged for damage and/or missing items as well as a $500 eviction fee.

 GRILLING

A gas grill is supplied by the Owner and should only be used its current location.  The grill has plumbed gas and could create a gas leak.  DO NOT MOVE THE GRILL.

 GARBAGE REMOVAL

It is the Guest’s responsibility to take the garbage out to the designated bear proof trash receptacles. Garbage is contracted to be picked up by the cleaners upon cleaning.  If the guest has excessive trash that will not fit within the provided bear proof trash cans it is the guests responsibility to take additional trash to the county dump or coordinate with the owner (at the guests expense) for an additional pickup. Please place all garbage in outside bear proof bins and lock the bins as animals will get in the trash and destroy the bins and make an enormous mess, which is the guests responsibility.

 RULES AND REGULATIONS

Guests shall abide by all rules, restrictions and regulations that may now, or hereafter, apply, including, but not limited to the provisions of any condominium or homeowners declaration, bylaws, and/or rules and regulations, if applicable.

 RELEASE OF LIABILITY

The Owner will be responsible for accidents or injury to Guest, any members of its party or any invitees to the Property or for the loss of money or valuables. Guest is expressly responsible for the safety of itself and any members of its party and any invitees to the Property and during use of any and all items supplied to the guest by the Owner including fire pit, basketball goal, grills, hot tub, corn hole boards, etc, and in so using or permitting to be used the recreational or other facilities associated with or a part of the Property, specifically waive any and all liability claim, expressed or implied, against Owner, and any condominium or homeowners association, if applicable.

 WAIVER OF JURY TRIAL GUEST HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT GUEST MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. GUEST ACKNOWLEDGES THAT THE OWNER HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY THE PROVISIONS OF THIS PARAGRAPH.

 In the event of breach of this Agreement by Lessee, he OR she will be liable for all damages occasioned by said breach PLUS reasonable attorney’s fees and costs of court.