Pointe View, LLC

Terms and Conditions

1. Short-Term Rental

This short-term rental agreement (“Rental”) is entered into by the Guest (“Guest”) and Pointe View, LLC (“Owner”) of the property located at 95 Misty Mountain Road, Jamestown, Tennessee (the “Premises”). The Premises are being rented on a short-term basis to be used for purposes as a private vacation rental.

2. Check-In and Check-Out

Check-In is 3:00 p.m. (CST) on the designated arrival date of your reservation. Guests are not permitted on the premises before the property is ready for occupancy. Check-Out time is 10:00a.m. (CST). Unless approved in advance, late checkouts are subject to certain conditions and an additional charge.

When checking out, Guest agrees to (1) put all game controllers & remote controls in their proper place, (2) load and start the dishwasher before departing, (3) place used towels in the showers or bathtubs, (4) put all trash in bags and place outside in the secure containers, (5) turn off all electrical entertainment devices (TV’s, etc.), and (6) lock and secure the Premises.

3. Property Use

Guest agrees that the Premises is to be used and occupied by Guest as a private dwelling, and for no other purpose. In the event there is a change in occupancy, approval from Owner is required in advance.

No parties, receptions, large gatherings, weddings, or similar events are permitted without prior written authorization from Owner. Violating these terms of this Agreement in addition to complaints of excessive noise, dangerous activities, or any unlawful activity may result in immediate eviction from Premises. The entire amount of any rent, fees, and deposits will be forfeited if Guest is evicted.

In some circumstances, an organization may reserve the property for corporate or organizational meetings. Special arrangements need to be made in advance for these needs and such uses are entirely at the Owner’s discretion. Special procedures may include requirements such as an event fee, special insurance coverage, required use of third-party vendors, increased deposits or cleaning fees and other conditions. Any organization or group desiring to rent the Premises for other than a family vacation must contact Owner to discuss and get approval for that use before reserving the space or attempting to book the Premises.

4. Security and/or Surveillance Equipment

The Premises has security and/or surveillance equipment that is accessible by Owner. Generally, any alarm system and/or surveillance equipment that monitors the interior of the Premises will be disabled or bypassed by Owner during a rental period with the exception of areas that are secured from Guest access. If audio or video surveillance equipment is installed inside the Premises, Owner will designate and mark those areas.

5. Pet Policy

Unless specifically approved by Owner in writing, pets, as well as animals of any kind, are not allowed, with the exception of approved service animals. Pets are not allowed in pools, hot tubs, bathtubs, or showers.

The “pet fee” covers entry to the property and does NOT cover any of the following matters which will be charged by Owner to Guest:

Urine on floors, carpet, linens, furniture, etc. Scratched floors, walls, doors, trim, furniture, etc.

Damage to carpet, rugs, blinds or any other items in the property. Extra cleaning and/or flea/pest treatments.

In the event a guest allows an unapproved or non-allowed animal of any kind on the Premises, Guest will be assessed an additional non-refundable fee of $1,000.00 and may also be subject to immediate eviction.

6. Unforeseen Conditions

It is our goal to offer you a clean and fully operational Premises for your use so that you can have a comfortable and wonderful stay. We will strive to ensure that the Premises is ready for your stay; however, there may be circumstances beyond our control where either access to the property and/or features at the property are not available. The Premises is outfitted with many amenities, including fixtures, HVAC, and appliances, and those items sometimes malfunction or break down. If such an occurrence exists prior to your scheduled rental, we will attempt to contact you to discuss and address the situation. If such an occurrence occurs during your scheduled rental, we will do our best to resolve the issue as quickly as possible. We are not responsible for weather conditions or natural disasters.

7. Cancellation Policy

Guest may cancel and receive reimbursement of a deposit based on the following:

Full refund if cancelled within 48 hours of booking.

Full refund if cancelled within 45 days of arrival date, less Service Fee of $150.

Cancelled reservations between 44 days and 15 days prior to arrival date may receive a voucher for a future stay. This voucher will be issued in the amount of payment, less Service Fee of $150. Voucher will expire in 365 days from issue.

No refunds for cancellation 14 days or less prior to arrival date.

All changes and cancellation must be in writing or by phone. A cancelation number or voucher for future stay will be issued at this time. Only the Guest named on the Rental may change or cancel a reservation.

8. Addressing Premises Issues

Upon notice of an issue or occurrence at the Premises, Owner will attempt to arrange service or repairs as soon as available vendors or contractors can schedule the service.

It is foreseeable that major systems in and around the Premises including, but not limited to: air conditioning, water heater, washer, dryer, refrigerator, freezer, hot tub, etc., as well as utility services such as electric, water, cable/satellite TV, internet could potentially break or be disrupted from time to time. Owner will attempt, during normal business hours, to repair the problem as soon as possible. Owner assumes no liability to Guest if such should occur, as all products have a useful life and break down occasionally. For assistance, please contact Owner at (931) 879-9900.

9. Premises Access

Owner reserves right to access the property at any time. We will attempt to notify you should we need to do so, but if we are unable to reach you, we reserve the right to enter into the property.

10. Damage to Premises

Any damages or issues found by the Guest must be reported within 24 hours of standard check-in time. By renting and staying in the Premises, you are accepting full responsibility for all damages, defacement, and/or stolen items, except for normal wear and tear, acts of the Owner, defective products supplied by or repairs authorized by Owner, acts of third parties not invitees of the Guest, or natural forces. All damages will be the responsibility of the reserving party and their credit card; as such, their credit card will be charged and/or security deposit withheld for any violations.

Any excessive cleaning required will also be billed to Guest. Guest shall be liable for the full cost of replacement or repair, at Owner’s discretion, for any lost, missing, or damaged items of furnishings or equipment, including but not limited to: personal property that the Owner may deem necessary such as electronics and remotes, video game controllers, dishes; excessive cleaning; missing linens or other items; intentional damage, damage due to willful negligence, moving, cleaning or repairing furniture; carpet cleaning; damage to the hot tub and/or any other special features. Guest agrees to pay the minimum hourly expense of $100 per hour if the repairs are undertaken by Owner or Owner’s employees and/or the actual costs incurred if repairs are made by third parties. Owner retains the exclusive and sole right to determine the cost of the value lost as the result of any and all damages.

Owner shall have the right to proceed against Guest to recover sums for any damages to the Premises or amounts that may be owed by Guest to Owner, including but not limited to, excessive cleaning, painting, or repairs to the Premises or replacement of lost or missing items for which Guest is responsible, together with any reasonable attorney’s fees and collection costs.

Guest will be notified regarding said charges or deductions. Guest agrees that charges can be processed on Guest’s credit card; held security deposit; or, in the event that amount is not sufficient to cover all of the damage expense, Guest agrees to send payment to Owner within 14 days of notification.

11. Protecting Installed Equipment

Owner intends to provide reliable entertainment and internet equipment. Under no circumstances should Guest ever disconnect electronics or any other technical equipment in the property without the consent of Owner. Do not adjust, attempt to rewire, connect or disconnect any items that are in place upon arrival. In the event a system is upset or damaged during a stay, Guest will be responsible for any replacement, technician calls and/or services charges incurred by Owner.

12. Guest Notice for Use of Premises, including Hot Tub

Guest acknowledges and accepts all responsibility for the safety of all individuals, approved or unapproved, including children, while using the Premises. Guest understands that responsible use of the Premises and supervision is their responsibility. Guest acknowledges that the Premises is in a remote location, that there are bluffs and other natural terrain at or near the property, and that the Premises is in an area which is inhabited by large animals including deer and bear. Guest agrees to hold Owner harmless of any claims arising from the use of the Premises including, but not limited to any accidental, negligent or willful misuse of the Premises.

With respect to the hot tub, Guest agrees to report all cleanliness issues upon arrival. Guest agrees to pay a cleaning fee if said cleanliness issues are reported more than 24 hours after arrival. Hot tubs may take up to 24 hours to reheat completely after cleanings. Guest shall make sure that the lid or protective cover on the hot tub is in place when the unit is not in use. Guest should not put any soaps, detergents, or bubble bath into hot tub.

13. Restricted and Unlawful Activity

No smoking is allowed inside the property or on decks, patios, terraces or structures located anywhere on the Premises. Guests who violate this provision will be assessed an additional non-refundable deodorizing and cleaning fee of $250.00 and may also be subject to immediate eviction. If keys are lost or misplaced by the Guest, there will be a rekey fee charged to Guest. Tampering or removing of any smoke detectors, carbon monoxide detectors, or any associated alarms located in or around the Premises will result in the Guest being charged a non-refundable, non-disputable fire safety violation fee of $1,000.00. No fires, except in installed fireplaces or in approved and designated fire pits during times of low fire risk when there is no burn ban in effect. No fireworks may be stored or discharged on the Premises at any time. Under no circumstances shall any illegal drugs or illegal activities be allowed on the Premises. Guest understands that possession and use of any such substance, or engaging in such activity, is grounds for immediate eviction.

Firearms for personal protection are allowed on the property but the property does not have a designed or intended area for the celebratory, recreational or sport shooting of firearms or archery equipment. No hunting is allowed on the property.

14. Falsified Bookings

If a reservation is made under fall pretense, including, but not limited to, a falsified name, age or size of party, Guest will be subject to immediate cancellation of reservation, removal from the property, and forfeiture of all amounts paid. Guest will be responsible for the full amount of the rental for the reservation as well as any other costs or fees chargeable to Guest.

15. Eviction

Guests and their guests agree to adhere to local laws, rules, and regulations, to not disturb the peace, to keep the property in a clean and sanitary condition, and to comply with the no-smoking and no-pets rules.

Guests are subject to immediate non-judicial eviction from the rental for the following reasons:

• Smoking anywhere inside Premises or on decks, patios, terraces or structures located on the Premises;
• Violation of the 16 person maximum allowance for number of guests;
• Pets on the property, unless allowed in writing by Owner with paid pet fee;
• Violation of the illegal drug or activity provision;
• Guests under the age of 25 years who are not related to Guest;
• Complaints of noise, loud music, foul language, or otherwise disturbing of the peace;
• Violation of any fire safety policy;
• Destruction and/or damage of the Premises;
• Failing to vacate the Premises by the aforementioned checkout date and time; or
• For any reason the Owner deems appropriate in order to maintain the safety and security of the Premises and surrounding areas.

Failure to leave the property on demand of Owner based on a violation of one of the foregoing restrictions shall be deemed a trespass.

The entire amount of rent and security/damage deposit will be forfeited for violation of any of the foregoing reasons, regardless of whether Guest is evicted.

16. Liability

Guest agrees that all personal property on the Premises shall be at the risk of Guest. Owner shall not be liable in any manner for loss due to theft or damage sustained by natural occurrence, fire or water, howsoever caused, or by any other cause to Guest’s personal property. Guest shall be responsible for the cost of repairing the Premises and/or any property that is damaged during Guest’s occupancy of the Premises, ordinary wear and tear excepted.

Owner shall not be liable for claims, demands, causes of action, judgments, attorney’s fees, costs, and expenses arising from or connected with Guest’s use or occupancy of the Premises; nor claims, demands, causes of action, judgments, attorney’s fees, costs and expenses for property damage, bodily injuries or death suffered or caused in or about said Premises or the premises adjacent thereto, resulting directly or indirectly from the acts or neglect of Guest or any person on the property at the request of, consent of or knowledge of Guest.

Owner shall not be liable should items be left behind in the cabin after Guest’s stay. Owner will attempt to return items, at the cost of the Guest, if they can be located and if Guest notifies Owner timely.

17. Arbitration

Guest agrees to settle any disputes or claims arising under or related to this contractual agreement, through the process of arbitration. Guest agrees to waive the right to sue, participate in class-action lawsuits, and appeal. Furthermore, Guest agrees to pay all costs, expenses and attorney’s fees, as allowed by law, expended or incurred by Owner by reason of any default or breach by Guest of any of the terms of this Rental.