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 GUESTS.  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.

 

Angus Butler and Marilyn Butler as Managing Members (Managers) of Carolina Mountain Dream LLC (Owner) and  Everview LLC (Owner), rent to you (Guest) the vacation property described as a single family dwelling in North Carolina (Premises) on the terms contained in this Agreement.  The terms described below are intended to be the same for each property.

  1. IN CONSIDERATION of value paid and received and the mutual promises herein, the Owner/Managers of the subject property hereby lease and rent to Guest that certain property described above and under the following terms and conditions. Owner/Managers reserve the right to request proof of identification and age prior to acceptance of the reservation.
  2. PAYMENT OF CHARGES – Guest must secure by providing with, or in advance of, the acceptance of this this Agreement an advance rent payment equal to one-half of the total rent including all applicable taxes and refundable deposit.  The balance is due 30 days prior to check-in date or Guest’s reservation will be cancelled and subject to the cancellation provisions.  If reservation is made with less than 30 days to check-in, then the entire balance is required to secure the dates.  Payment may be made by personal check, electronic check or credit card.  Guest agrees to pay a $35.00 processing fee for any funds returned by the financial institution.
  3. CANCELLATION - All cancellations must be made in writing.  In the event of a cancellation by Guest, Guest shall receive a refund of all payments made by Guest, less an administrative fee of $50.00 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, Guest will not be entitled to a refund of any rent payment made hereunder.  Please consider purchasing travel insurance in case an unforeseen circumstance causes you to have to cancel your trip.  You can compare dozens of policies at Insure My Trip and Square Mouth.
  4. DISPOSITION OF FUNDS – All advance payments are deposited in a separate non-interest bearing account in a branch of Wells Fargo, an FDIC insured institution. Guest authorizes Owner/Managers to disburse up to fifty percent (50%) of the rent to the Owner/Managers prior to Guest's occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Guest, or as otherwise permitted under the Vacation Rental Act. 
  5. GUEST’S DUTIES - Guest agrees to comply with all obligations imposed by the Vacation Rental Act on Guest 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 common areas and remainder of the Premises that Guest uses; and notifying Owner/Managers in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy.  Guest agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation, including internet usage.  Guest's breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Guest's tenancy. 
  6. OWNER/MANAGERS’ DUTIES – Owner/Managers agree to provide the Premises in a fit and habitable condition.  If at the time Guest is to begin occupancy of the Premises, the Owner/Managers cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, the Owner/Managers shall refund to Guest all payments made by Guest.  Owner/Managers shall conduct all activities with regards to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any Guest.
  7. HOUSE RULES:
    • Lease Not Assignable.  The Guest shall not assign this Agreement or sublet the property in whole or in part.
    • Check-In.  Guest will be given the access code for keyless entry to the property after all payments have been processed.  Check-in time is 4:00 p.m. 
    • Check-Out.  Check-out must be complete and the premises vacated by 10:00 a.m. on check-out day to allow time to prepare for the next scheduled guests.  Guest is responsible for removing all trash, securing all doors and windows, and leaving the unit in a reasonable state of cleanliness.  Failure to comply will result in a deduction from the security deposit.  Please ensure all belongings are packed before checking out, as Owner/Managers cannot be responsible for items left on the premises.  There is no trash pickup in this area of Haywood County.  Directions and information for the trash stations will be sent to you before your reservation date.  There will be a $25.00 service charge for removing any trash left on the premises.
    • Guest’s Age.  Guest represents him/herself to be an adult 25 years or older.  Violation of the above is grounds for immediate eviction without refund of any payments made. 
    • Smoking.  Smoking is not permitted inside the home at any time and is grounds for immediate eviction.  Please exercise great care if smoking outdoors. 
    • Accommodations.  The home is equipped for normal housekeeping and includes dishes, flatware, pots and pans, utensils, coffee pot, toaster, blender, stove and oven, dishwasher, and microwave oven as basic kitchen equipment.  It also has a washer, dryer, four television sets, two DVD players, three alarm clocks, five rocking chairs, and outdoor furniture.  Towels and linens are also furnished.  An initial supply of paper goods is available at check-in, but Guest will need to provide his or her own paper products and food.  No guarantees are given for electronic equipment and no refunds will be given for malfunctions of equipment.  Guest must notify the Owner/Managers immediately of any break down in equipment or appliances.  Guests are not permitted to move furniture or burn candles.  Guest is responsible for keeping the unit clean and safe during the entire tenancy. 
    • Maintenance.  Every effort is made to keep the home and its equipment in good working order.  Sometimes even the newest or best maintained equipment occasionally malfunctions.  Please notify the Owner/Managers of any difficulty incurred so that repairs can be made.  There will be no refunds given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area, or maintenance problems.  Owner/Managers or their agent has the right to enter premises during tenancy to inspect and make repairs, with reasonable notice to Guest.
    • Damages.  Guest is requested to report any breakage or damage to Owner/Managers upon occurrence.  Guest agrees to be responsible for any damage done by him(her)self, his(her) family and/or guests.  Guest authorizes Owner/Managers to charge the security deposit for such damages.  Guest agrees to pay for damages over and above the damage deposit, if necessary.
  8. PERMITTED OCCUPANTS – Guest must take possession and maintain possession of subject property for the full leased period.  The Guest shall not permit the property to be occupied or used as a residence by more than eight (8) persons (for Carolina Mountain Dream – 10 persons), including children.  This includes Guest, his or her family (including all children) and family or friends.  Overcrowding of property or misrepresenting number in party is grounds for immediate eviction without refund.  Absolutely no house parties, beer kegs, ATVS or RVs, trailers, tent camping, or illegal activities are allowed on the premises.  Violation of this will result in the termination of the lease and immediate eviction without refund.  Misrepresentation, failure to pay in full, obtaining subject property under false pretenses, fraud or material breach of this Agreement shall result in an expedited eviction in accordance with the North Carolina Vacation Rental Act.
  9. 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.  Guest may be evicted under such procedures if Guest:  (i) holds over in possession after Guest'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 Guest's tenancy; (iii) fails to pay rent as required by this Agreement, or (iv) has obtained possession of the Premises by fraud or misrepresentation.
  10. INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT.  Guest agrees to indemnify and hold harmless Owner and Managers from and against any liability for personal injury or property damage sustained by any person (including Guest's guests) as a result of any cause, unless caused by the negligent or willful act of Owner/Managers, or the failure of Owner/Managers to comply with the Vacation Rental Act.  Guest agrees that Owner/Managers or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Owner/Managers deem appropriate, or to show the Premises to prospective purchasers or Guests.  Guest shall not assign this Agreement or sublet the Premises in whole or part.  Guest also agrees that in the case of a double booking or occupancy, Guest will be entitled only to a full refund of all consideration previously tendered by Guest.  Guest shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney’s fees if Owner/Agent prevails in said legal action.
  11. EMERGENCY EVACUATION.  Guest(s) must vacate if a mandatory evacuation is declared by the state of North Carolina.  Owner/Managers will reimburse Guest’s rental payment for days covered by the evacuation order.
  12. INVOLUNTARY TRANSFER.  If the Owner's interest in the Premises is involuntarily transferred prior to Guest's occupancy of the Premises, the Managers are required to refund to Guest all advance rent paid by Guest within 60 days after the transfer.
  13. TRANSFER OF PREMISES:  If Owner voluntarily transfers the Premises, Guest has the right to enforce this Agreement against the grantee of the Premises if Guest's occupancy under this Agreement is to end 180 days or less after the grantee's interest in the Premises is recorded.  If Guest's occupancy is to end more than 180 days after such recording, Guest 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, Guest is entitled to a refund of all advance rent paid by Guest.  Within 20 days after transfer of the Premises, the grantee or the grantee's agent is required to (i) notify Guest 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 Guest whether Guest has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Guest.  However, if the grantee engages Owner 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.
  14. Upon termination of the Owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the Owner, or Owner's agent, or real estate agent is required to transfer all advance rent paid by Guest to the Owner's successor-in-interest within 30 days, and notify Guest by mail of such transfer and of the transferee's name and address.  However, if Guest's occupancy under this Agreement is to end more than 180 days after recording 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 Guest must be transferred to Guest within 30 days.  If the Owner's interest in the Premises is involuntarily transferred prior to Guest's occupancy of the Premises, the Owner is required to refund to Guest all advance rent paid by Guest within 60 days after the transfer.
  15. PETS: Pets are permitted only with prior approval and acceptance of the terms in the Pet Agreement along with any required Pet Fee. Evidence of pets on the property without consent will result in loss of security deposit.
  16. HOT TUB (Everview only):  Use of the hot tub during your stay is allowed only with the acceptance of the terms in the Hot Tub Agreement along with the required Hot Tub Fee.  Evidence of unauthorized use of the hot tub will result in loss of the security deposit.
  17. This Agreement shall be treated as though it were executed in Haywood County, North Carolina, and were to have been performed in Haywood County, North Carolina.  Any action relating to this Agreement shall only be instituted and prosecuted in courts in North Carolina.  Guest specifically consents to such jurisdiction and to extraterritorial service of process.
  18. This Agreement shall be governed by and interpreted in accordance with the laws of the state of North Carolina.

 

PET AGREEMENT

Because we are dog lovers ourselves, we have decided to consider people who would like to bring their pets on vacation.  You may bring your pet to Premises agreeing to the following terms:

 

HOT TUB AGREEMENT (Everview Only)

The hot tub was recently installed as a highly requested amenity to our vacation home.  A professional spa maintenance company serviceman will drain, sanitize, refill and replenish chemicals prior to your arrival.  You will be allowed to use the spa at your own risk during your stay by agreeing to the following terms:

The emergency shut off switch is located in the lower panel box.