SPRING BREAK SPECIALS! King Beds! 1 mile to GSMNP! - Gatlinburg

*Reservation holder must be 25+* *No additional guests* *No smoking indoors or on decks* *No tampering with Wifi or Cameras* *No Locals* *No 3rd party bookings* *Quiet Hours begin at 10pm* *No Parties* *No Pets* *No discounts* This Short-Term Rental Agreement (the “Agreement”) is made by and between Enmossed Stay Chalet and GUEST, (“Guest”) as of the electronic acceptance date of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows: 1. Property: The property is located in Gatlinburg, TN (specific address to be provided 48 hours prior to check in for security purposes). The property is furnished and includes household appliances, furnishings, decorations, artwork, linens, towels, kitchenware, audio/video equipment and personal property. This occupancy is in the form of a Vacation Rental only and does not constitute a permanent or primary residence. Owner reserves the right to cancel Guest due to unforeseen emergency maintenance, in which case the Guest will be notified immediately. 2. Rental Party/Maximum Occupancy: The rental party shall be limited to the number listed on the rental reservation. The maximum number of guests is limited to 8 persons, unless a specific written exemption has been made by Owner. An additional charge of $100 minimum per person for guests in addition to above guests will be assessed including day visitors. At all times during said rental period, Guest agrees to have no more than the allowed number of guests for occupancy, (including children). If more than the stated number of guests are found to be occupying the unit, without prior written permission, Owner has the right to terminate this contract and Guest will forfeit all monies paid, including rent, cleaning, and deposits. 3. Term of the Lease. The rental period begins at 4pm on the date listed in the reservation and will end at 10am, on the checkout date. Check in time is 4pm and check out time is 10am. Guests who do not fully exit the property by 10am on check out date, will be assessed a minimum $100 late check out fee. 4. Rental Rules: Guest agrees to abide by the Rental Rules attached as Addendum A and to abide by the Rules in the Confirmation Email provided upon booking, at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property. Should Guest violate these rules, Owner reserves the right to cancel this rental immediately with no refund due to Guest. 5. Noise: Guest understands and agrees that they, and all members of their rental party will be respectful to our neighbors, including, driving slowly on the road to the property, not creating any noise (including music) which the neighbors can hear, beginning nightly at 9:30pm. Any violation of this rental agreement and Guest will be required to leave immediately, with no refund for any unused rental time. 6. Access: Guest shall allow Homeowner access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner. 7. Rental Rate and Fees: The rental rate shall be as stated on the rental reservation. All taxes, insurance fees, security deposit and cleaning fees must be paid in full at time of booking and are non-refundable. 8. Security Deposit: If booking direct, Guest shall pay a refundable security deposit of $400 USD to cover any damages to the property. Said security deposit shall be received prior to securing the desired dates and will be returned to Guest within 14 days of departure, less any deductions for damages. For any reservation booked through VRBO, Guest shall purchase a $59 USD insurance policy at the time of booking to cover damages up to $1500 USD. Should said damages exceed coverage, Guest hereby assumes all liability for reimbursement to Owner for any damages caused by Guest and their party within 5 (five) business days of receipt of invoice from Owner. For any reservation booked through Airbnb, Guest agrees to pay a security deposit of $1,000 USD. No authorization hold will be placed for this money up front but Guest may be charged if the host requests to collect on the security deposit for violation of the house rules and/or damages to the property. If a violation of the house rules occurs, Guest may also be required to immediately check-out of the home prior to the end of the dates reserved and no refunds will be given. 9. Condition of Property: Guest shall return the premises in the same condition as received. As a part of the rental agreement, Guest will pay a $200 cleaning fee which includes normal “turn” cleaning. Guest agrees they will be responsible for excessive additional cleaning if needed, and hereby agrees to have excessive cleaning deducted from their security deposit, at Owner’s sole discretion. Guest also agrees to leave the property in good condition with all items, furniture, etc. in the same place as where they found them upon move in. 10. Cancellation Policy: Guest will abide by the cancellation policy indicated at the time of booking. If booking direct, a full refund will be provided for cancellations up to 30 days before check-in. If cancelled between 15-29 days before check-in, Guest will receive 50%. Otherwise, no refund will be provided. 11. Travel and Vacation Rental Insurance: Life is unpredictable; therefore, we encourage all guests to purchase travel insurance. If purchased by you, this insurance may reimburse you for prepaid non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. This may include but is not limited to sudden illness, death in the family, or property unavailability due to Force Majeure. It is strongly recommended that Guest purchase this valuable protection. You can purchase Travel Insurance from many providers. Enmossed Stay Chalet is not a licensed insurance agent and cannot legally offer information on detailed terms of coverage. Owner is not responsible for the relocation of Guest should the house become non-habitable due to acts of God, such as wildfire, floods, tornadoes, earthquakes and natural disasters, and Owner is not liable for the costs of finding an alternative accommodation or for damages because alternative accommodation cannot be found. We recommend the purchase of trip insurance that could potentially protect Guest from monetary loss from such an event. 12. No Assignment, Subletting or Third-Party Bookings allowed. Guest acknowledges that they will personally occupy the property for the entire lease or rental period and will not sublet any portion of the property. Violation of these terms shall give Owner the right to immediately evict Guest and terminate this Agreement, and Guest will forfeit any right of return of any monies paid to date including any security deposit. 13. Indemnification: Guest agrees to indemnify Owner and Owner’s Agent and save Owner and Owner’s Agent from and against any and all claims, actions, damages, liabilities and expenses, including reasonable attorney’s fees in connection with the loss of life, personal injury and/or damage to the property arising from or out of any occurrence in, upon, or about the premises, occasioned by an act or omission by Owner, Owner’s Agent, Guest or other occupants. OWNER and OWNER’S AGENT SHALL HAVE NO LIABILITY FOR DAMAGES OR INJURY to Guest or Guests: It is expressly understood and agreed that Owner and Owner’s Agent will not be liable for any damages or injury to Guest or other occupants and their property from whatever cause arising from the occupancy of said premises, both inside and outside of the house, whether on the property or elsewhere. THE SUPERVISION AND SAFETY OF ALL CHILDREN ARE THE DIRECT RESPONSIBILITY OF GUEST OR PARENTS, OR CARETAKERS OF ANY CHILDREN ON THE PREMISES, including but not limited to decks, stairs, blinds, stove, loft access, driveaway, hot tub and any and all other activities on the premises. Guest specifically accepts ALL liability for use of loft, murphy bed and hot tub on the property and understands that Owner and Owner’s Agent shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said loft area, murphy bed or hot tub. Guest accepts said liability by voluntary use of said loft area, murphy bed and hot tub. 14. Email Marketing: By signing this rental agreement, Guest agrees to receive periodic emails from Enmossed Stay Chalet, unless specifically requesting to opt out. 15. Entire Agreement: This document and any attached addenda constitute the entire agreement between the parties. No oral statements shall be binding. This Agreement may only be amended by a written document duly executed by all parties. It is the intention of the parties that if any portion of this Agreement is invalid for any reason, such invalidity shall not void the remainder of the Rental Agreement. 16. Disputes and Jurisdictions: This agreement shall be interpreted under the laws of the State of Tennessee. Any dispute under this Agreement shall be resolved in Sevier County, State of Tennessee. All disputes, controversies or claims arising out of or relating to this contract shall be submitted to mediation or arbitration in Sevier County. If either party brings an Action to enforce its rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party. 17. Access and Wildlife: Enmossed Stay Chalet is a true mountain home! We are located on a mountain with steep roads and a very steep driveaway. Guest acknowledges this and assumes any liability surrounding access to the home while understanding refunds are NOT possible due to fear of mountain driving and/or home access. There will almost certainly be bear activity during Guest stay. Guest acknowledges, assumes any liability and agrees to leave all doors locked at all times, not to feed or antagonize wildlife and to fully research safety precautions when approached by harmful wildlife. 18. GUEST ACKNOWLEDGES THAT THEY HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS AGREEMENT and the Rules and Regulations attached, and agree to be bound by them. 19. Guest and Owner acknowledge that electronic acceptance of this Agreement is legally binding acceptance of all terms and conditions, the same as if Guest had actually executed the Agreement in person. ACKNOWLEDGEMENT of AGREEMENT On this day, the parties agree to the terms of this Short-Term Rental Agreement, as evidenced by their electronic acceptance of this Agreement. Accepted by Guest one reservation is confirmed and confirmation email has been sent. Accepted by Enmossed Stay Chalet - LC ADDENDUM A RENTAL RULES By making a reservation at Enmossed Stay Chalet, Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in the Guidebook or on the property. 1. Guest is renting a cabin which always has risk of injury, accident or death. Guest warrants that: a) All children will be attended when in and outside of the cabin, but specifically on the deck, near the hot tub, near the murphy bed, stove/oven and on all stairs. b) No one will jump off deck c) Hot tub cover will be closed and locked into place unless in use d) Murphy bed should NOT be jumped on and should be closed properly when not in use 2. The Guest understands and agrees that the Owner and/or Owner’s Agent of Enmossed Stay Chalet are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. Guest specifically indemnifies and holds the Owner and Owner’s Agent harmless from any liability. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. If all guests on this reservation do not personally sign this waiver of liability, then the primary renter accepts liability for all guests and hereby waives any Owner or Owner Agent liability on their behalf. This rental agreement is considered active and binding upon reservation confirmation. 3. Owner and/or Owner’s Agent are not responsible for the loss of personal belongings or valuables of the guest. 4. Access to the property will be available at 4pm on check-in date. Guest will be given a unique code for the keyless entry. The code will be provided to you approximately 48 hours prior to check in and will become active at 4pm on the date of arrival. Code will become inactive at 10am on the date of checkout. 5. People other than those in the Guest party set forth in the Rental Agreement may not visit stay overnight in the property. The property shall not be used for gatherings of any kind for anyone other than registered Guests (i.e., parties, dinner parties, weddings, etc.) without advance express written permission of the Owner. 6. Guest promises to keep the property and all furnishings in good order and to leave the property in the same (or better) condition than when it was rented. If items are damaged, it is Guest’s responsibility to notify owner right away. 7. Guest promises to only use appliances and amenities of the vacation rental for their intended uses. 8. The Guidebook to Enmossed Stay Chalet: This information will be available sent digitally prior to your stay. This guide contains information about Enmossed Stay Chalet, the area, and tips to help you enjoy your stay. 9. Children: Enmossed Stay Chalet is family friendly and welcomes well-behaved children who are respectful of the property. Parents hereby agree to supervise their children both indoors and outdoors, especially around the hot tub, in the murphy bed, using the arcade system, near stairs and near any fire. 10. Housekeeping: Linens and bath towels are included in the rental rate. A washer/dryer are provided for Guest’s use. Mid-stay trash service may be arranged for a $40 fee, if requested in advance by the Guest. Towels should be left in shower on the lower level and all beds may be left as is. Please load any dirty dishes into the dishwasher and start the cycle prior to exiting the property. 11. Electric Fireplaces: Please be sure that children do not attempt to operate electric fireplaces. Electric fireplaces should not be left on overnight. 12. Septic: It is very important that guests DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time. Please use only the toilet tissue that is provided in the starter set up or purchase septic safe toilet paper. If there is a clog in the septic system, Guest will be charged damages accordingly. 13. Hot Tub: Guest understands that a hot tub is available on the property for their private use. Guest assumes any and all liability from use of said hot tub. Guest is aware that consuming alcoholic beverages while in the hot tub increases the alcoholic effect of the alcohol. Guest will keep the hot tub closed and cover locked when not in use, and will supervise any children when using the hot tub. By using the hot tub, Guest agrees to assume all liability from said use and hereby indemnifies Owner. It is necessary to shower prior to entry to remove bacteria, lotions, oils. This will protect the life of the hot tub as well as ensure the water is kept clean throughout your stay. 14. Weather: Enmossed Stay Chalet is located in a very steep, mountainous area which experiences heavy rainfall, wind, snow and ice. Owner highly recommends four-wheel drive and, during winter months, chains may be necessary. Owner cannot refund anything due to road conditions. Travel insurance is recommended. 15. Pets: No pets are permitted at Enmossed Stay Chalet at any time, not even visiting pets, inside or outside. 16. Smoking/Vaping: Smoking of any kind, including vaping, is NOT allowed inside of the property or on any decks. Smoking is permitted ONLY in the driveway area and flames should be extinguished with water and disposed of properly. Please do not leave cigarette butts on ground or dispose of indoors. A cleaning fee of $500 will be assessed should any smoke smell of any kind. 17. Alcoholic Beverages & Drugs: Guest agrees that there will be no illegal activities on the premises, including but not limited to: possession, serving or consumption of alcoholic beverages by anyone under the age of 21; or the possession or use of any illegal drugs. Additionally, Guest accepts full responsibility and liability and hereby indemnifies Owner and/or Owner’s agents for anything that happens in reference to Guest and/or Guest’s party partaking of any alcoholic beverages or drugs on the property. 18. Fireworks: Fireworks are not permitted at any time. Guests will be asked to vacate immediately with no refund. By making a reservation at Enmossed Stay Chalet (Gatlinburg, TN), Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in or on the property. WHAT TO DO IN AN EMERGENCY For emergency services (ambulance, police, fire) please immediately call 911. Do not delay if you feel an emergency situation has arisen. State your location as the address provided. IN CASE OF A FIRE Exit the property as quickly as possible. Ensure that all persons are accounted for. Dial 911 and report that there is a fire. State your location as 1524 Zurich Road, Gatlinburg TN 37738 Do not attempt to re-enter the building until a firefighter states that it is safe to do so. FIRE EXTINGUISHERS If you find a need for a fire extinguisher, there are four available for your use in the following locations: Kitchen: Next to refrigerator + 2 under sink Hallway: Near stairs outside of Loft POWER OUTAGE In case of a power outage, you'll find two flashlights above the refrigerator. EMERGENCY PHONE NUMBERS -We truly hope this is information that never has to be used but of course, safety is of utmost importance to us for our Guest, members in the rental party or approved visitors to the home. In case of an immediate emergency, please call 911 and state the location as the address provided. -For non-emergencies or for other assistance, please find the most important emergency information below. Gatlinburg Police Emergency: 9-1-1 Non-emergency: 865-436-5181 Gatlinburg Fire Emergency: 9-1-1 Non-emergency: 865-436-5112 No smokingNo petsNo parties or eventsCheck-in is anytime after 4:00 PM