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. PAYMENTS: Payments must be submitted as either one full payment or two payments if your check-in date is more than 60 days away*. Each payment must be submitted with one credit card. We do not have the ability to split payments among groups. Thank you in advance for your cooperation and understanding. A security deposit is NOT charged prior to your arrival date, and notification of any issues and subsequent charges will be sent within ten (10) days of checkout. Your reservation total is reflective of current local tax rates*; however, you are ultimately responsible for the tax rate that is charged at the date of your check out. If the tax rate were to decrease, we will issue a refund. Likewise, if the tax rate increases, you will be subject to the additional charge. We will notify you of any changes as soon as possible
2. CANCELLATIONS*: Our cancellation policy works in three phases:
Phase 1: Cancellations that are made more than ninety-one (91) days prior to the arrival date will be eligible for a full refund, less the processing fee and a $350.00 service charge and the Travel Insurance Premium (if purchased).
Phase 2: Cancelations or changes that result in a shortened stay, that are made within ninety (90) to sixty-one (61) days of the arrival date, forfeit the initial payment.
Phase 3: Cancelations or changes that result in a shortened stay, made within sixty (60) days of the arrival date will forfeit all payments, except cleaning fees and applicable taxes. Early departure does not warrant a refund of rent. We strongly recommend adding travel insurance to cover your investment from unforeseen circumstances. *Email constitutes effective written notice and is governed by the timestamp of email receipt.
For any new booking created after May 6th for a stay before October 1, 2020 and not able
to travel to due to Covid-19:
A guest may cancel up to 30 days to check in and receive a full refund less the 5% processing fee, a $350.00 service charge and the Travel Insurance Premium (if purchased). A guest who books inside of 30 days from the date of their stay will be able to reschedule your dates for the same number of nights, same property and pay the difference if applicable. East West Associates LLC will also add 1 night to your reservation for FREE! No refund will be given. New dates must occur before October 1, 2021.
*Some Restrictions may apply
3. TRAVEL INSURANCE: We strongly recommend adding travel insurance to cover your investment. East West Associates LLC has contracted with Red Sky Travel Insurance (1-866-889-7409) to offer you trip cancellation/insurance to protect your vacation investment against the financial consequences of unforeseen circumstances, which could cause cancellation of your trip and forfeiture of payments.
Coverage issues will be based and determined solely by Red Sky, and the existing policy will be issued to you if you elected the purchase of this insurance when you made your reservation. Please see your policy for more specific information. Please note: trip insurance premium is non-refundable after 14 days in force even if the reservation is cancelled. Trip insurance is non-transferrable. If trip insurance is declined, tenant accepts responsibility for loss of rent in case of any unforeseen circumstances including but not limited to mandatory evacuation. You do not have coverage in force until your entire advance rental payment and trip insurance premium is paid in full. Please call our office if you have any questions or visit Red Sky Travel Insurance at www.trippreserver.com.
4. HANDLING OF FUNDS: East West Associates LLC handles all trust funds appropriately per the NC Vacation Rental Act and NCREC Escrow Account Regulations. Per the NC Vacation Rental Act, fifty percent (50%) of your rental fees may be disbursed upon receipt. Any third-party fees such as the processing fee and any concierge fees may be disbursed prior to arrival as well. The remaining fifty percent (50%) of your rental fees and the cleaning fee will be held in our Escrow Account until your check out date.
ALL TRUST FUNDS ARE HELD IN AN INTEREST BEARING ESCROW ACCOUNT AT PNC BANK; 8 O HENRY AVE; ASHEVILLE, NC 28801.
5. DAMAGE: Your credit card information will be kept on file but will not be charged unless damages are accrued during your stay and assessed at inspection.
A security deposit is NOT applied toward rent; and will never be charged, provided the following provisions are met. You will be notified if damages and charges are to be assessed. a. No damage is done to the unit or its contents, beyond normal wear and tear.
b. No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay.
c. All debris, rubbish and discards are placed in waste baskets, and soiled dishes are placed in the dishwasher and cleaned. d. Any keys are left either in Lock-Box or with owners, and the unit is left locked.
e. All charges accrued during the stay (e.g. pay per view movies) are paid prior to departure.
f. No linens are lost or damaged.
g. NO Early check-in or late check-out without prior approval of owners.
h. The renter is not evicted by the owner (or representative of the owner) or the local law enforcement.
i. Gas grill is turned off fully, and no additional propane gas is wasted. Tank will be checked for level before and after check-out. NOTE: Guests are financially responsible for any and ALL damages to the property during their stay. Guests understand that there is NO limit to their financial responsibility. Any and ALL damages will be charged to the credit card on file.
6. MINIMUM AGE: All renters and/or guarantors must be 25 years of age, or older.
7. FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of all payments, deposit and/or rental money, and the party will not be permitted to check-in.
8.WRITTEN EXCEPTIONS: Any exceptions to the above-mentioned policies must be approved in writing in advance.
9. MAXIMUM OCCUPANCY: You must abide by the maximum occupancy limits of the home that you book, as listed in your guest portal. If you would like to have additional guests during your stay, please reach out to East West Associates for more information. If permissible, there will be additional fees and protocols that need to be reviewed with you. If you host more than the maximum occupancy at any point during your stay without prior approval, the maximum event fee amount will be charged to the card on file. Hosting of events for which tickets are sold and/or attendees are charged, such as a concert, are not permitted and will result
in Expedited Eviction Proceedings, as detailed below. Additionally, guests may be fined for damages, wear-and-tear or other adverse affects to the property from unauthorized usage.
10. ADDITIONAL SLEEPING ARRANGEMENTS: You are more than welcome to bring any blow-up mattresses that you can fit in the home as long as the number of overnight guests does not surpass the maximum occupancy. Please note; however, that we do not provide bedding or linen for these additional sleeping arrangements. If you choose to utilize this option, you will need to bring your own sheets, blankets, pillows, towels, and washcloths. We DO provide all of those things for every bed in the home (i.e. for every person that the house “sleeps in beds”); however, if you’d like to utilize the maximum occupancy for this home, you will need to furnish the rest.
11. CHECK IN/CHECK OUT TIMES: CHECK-IN TIME IS AFTER 4 P.M. EST AND CHECK-OUT IS 10 A.M. EST. No early check-ins or late check outs without prior arrangement with East West Associates LLC. (You may be charged a $50 fee for every 30 minutes past checkout time, IF, you have not received prior permission for late check-out*.) *Please inquire if you would like to request early check-in or late checkout.
12. NO SMOKING: This is a NON-SMOKING rental.
13. PETS: Some East West Associates homes allow pets while others do not. You will be required to honor the applicable pet policy. Please verify with a East West Associates representative if you are unsure which policy applies to the home that you are renting.
14. LOST ITEMS: If anyone in your group leaves behind an item, we are happy to return it to you as quickly as possible. We understand these things happen on occasion and will assist in any way possible; however, there will be an additional fee for this service, simply to cover our time/costs in handling. This fee will include a $35 handling fee, (for our time), plus any shipping costs, which we will not know until the item has been shipped. This may be charged to the card we have on file for you or another card if
provided.
15. BUGS: Local bugs (i.e. Japanese Ladybugs in North Carolina) can now be a naturally occurring phenomenon in certain cities. They do occasionally appear inside of the homes, most often without warning; however, they are completely harmless. Our cleaning crew does clean them up prior to each stay (if present), and vacuums are provided for your use during your stay. Unfortunately, neither of these bugs can be exterminated; therefore, neither East West Associates nor the owners can be held responsible if they are present, and no refunds will be given for the presence of these bugs. Additionally, we will sometimes see ants migrate into homes unexpectedly. This has nothing to do with “cleanliness”, as all of our homes are cleaned and disinfected to the highest degree; rather they are looking for water and have simply ventured inside the home. There is no cause for alarm, just let us know and we can address the situation.
16. MAINTENANCE ISSUES: East West Associates spends a great deal of time and effort ensuring the integrity and upkeep of all the systems in all of our homes, but even so, sometimes “things break”. When this occurs, East West Associates will make every effort to correct the situation, and/or make your stay as comfortable as possible considering the circumstances. East West Associates nor the homeowner can be held responsible for any "system" breakdown, including but not limited to any appliances or amenities. Except as provided in the "MANDATORY EVACUATIONS" section below, if, at the time guest is to begin occupancy of the property, the home owner or East West Associates cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the homeowner and East West Associates shall refund to the tenant all payments made by the tenant.
17. MANDATORY EVACUATIONS: If State or local authorities order a mandatory evacuation of an area that includes this home, the guest under the vacation rental agreement, whether in possession of the property or not, shall comply with the evacuation order. The guest shall not be entitled to a refund from East West Associates or the homeowner because qualifying trip insurance has been offered; which, if purchased, would compensate guests for losses or damages resulting from loss of use of the property due to a mandatory evacuation order.
If optional travel insurance was purchased, claims for the period of mandatory evacuation can be submitted to Red Sky Travel Insurance.
18. STORM POLICY/ROAD CONDITIONS: In the event of a storm, East West Associates will make every effort to ensure the home is accessible for your stay; however, no refunds will be given for storms or other “natural events” or “natural disasters”, such as blizzards, hurricanes, etc; so long as the home remains fit and habitable. Mountain roads can be curvy and steep, and can be icy, please use caution. We do not issue any refunds due to road conditions or other effects from storms or other events. We strongly recommend you purchase travel insurance.
19. EXPEDITED EVICTION: This agreement is subject to the "Expedited Eviction Proceedings" dictated in the North Carolina Vacation Rental Act. The exact verbiage is provided later in this agreement for your review.
20. NC VACATION RENTAL ACT: This agreement is covered by the NC Vacation Rental Act. If you have any questions please contact us, and/or refer directly to the NC Vacation Rental Act
(http://www.ncleg.net/gascripts/statutes/statutelookup.pl? statute=42a). If Guest is renting a property
located outside of North Carolina, local governing vacation rental legislation will apply.
21. LIABILITY WAIVERS: Some of our homes include various features and amenities for which we require liability waivers. These items include pools, hot tubs, lakes, the intercostal water way, playgrounds, trampolines, docks, fragile furnishings, natural areas, wildlife areas, and general outdoor areas where caution should be exercised at all times. All of these waivers are provided for your review and signature.
22. NEIGHBORHOOD: Some of our homes are within private communities which enforce their own rules and regulations. All of these regulations are included for your review and signature. Please drive slowly, be polite and courteous, and keep noise and such to a minimum. Unacceptable behavior will be met with possible eviction. If the home you book is within one of these communities, you may be required to fill out and sign additional forms upon booking. These forms are also listed below for your review.
23. FIREARMS: Guns are permitted but must be stored appropriately at all times. Use of guns, firearms or any incendiary or explosive device is expressly prohibited on the property. Any violation of this may result in full forfeiture of any remaining nights and NO refunds. Charges for our time may also be charged towards the security deposit. Any discharge of a firearm may additionally involve the local police and both civil and/or criminal charges being filed.
24. SECURITY CAMERAS: There are security cameras placed around the exterior of some properties. The video is for security only and will not be used for personal use or marketing purposes.
25. OUTSIDE VENDORS: If you intend to bring any outside vendors onto the property during your stay (photographer, chef, etc); they must first be authorized by East West Associates. We must receive a Certificate of Insurance from them as well, for liability purposes. There may also be additional charges involved.
26. PARKING: Guests must abide by the parking guidelines provided in your reservation confirmation.
27. TECHNICAL ISSUES: Due to rare technical issues, all online rates and reservations are not final until approved by East West Associates.
28. Change of Management: This rental agreement is between the guest and the owner of the home. East West Associates currently represents the home on the owner’s behalf; however, they may chose to end this agency agreement with East West Associates at any time. At that time, they are legally obligated to honor your reservation and, likewise, the cancellation policy and all other terms of this agreement are still in place. Change of management does not void any terms of this contract.
29. Change of Ownership: This rental agreement is between the guest and the owner of the home; however, they may choose to sell their home at any time. In this scenario, this contract conveys with the real estate to the new owner. The new homeowner is legally obligated to honor any reservations that are set to occur within 180 days of closing, likewise, the cancellation policy and all other terms of this agreement are still in place. Change of ownership does not void any terms of this contract.
Acceptance
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.
Claims and/or Disputes
Any claim or dispute which may arise between the Guest (Contracting Party) and East West Associates arising out of, or relating to, the Agreement or the breach thereof by either party, shall be addressed between the Guest and the Broker-in-Charge for East West Associates. IF said claim or dispute cannot be agreeably settled, then the issue shall be decided by the governing courts through legal representation retained, separately by each party involved. However, all parties agree to 1st pursue settlement, with legal counsel if desired, through 3rd party mediation, mediator and location of mediation to be agreed upon by both parties. If initial mediation fails, prior to pursuing a trial, but after filing a lawsuit, both parties agree to again attempt 3rd party mediation. The failure of either party to exercise any rights granted hereunder shall not operate as a waiver of any of those rights. The laws of the State of North Carolina will govern this Agreement, and any legal actions will be commenced and handled in Buncombe County. Expedited Eviction Proceedings.
§ 42A-23. Grounds for eviction.
(a) Any tenant who leases residential property subject to a vacation rental agreement under this Chapter for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in this Article if the tenant does one of the following:
(1) Holds over possession after his or her tenancy has expired.
(2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy.
(3) Fails to pay rent as required by the agreement.
(4) Has obtained possession of the property by fraud or misrepresentation.
(b) Only the right to possession shall be relevant in an expedited eviction proceeding.
All other issues related to the rental of the residential property shall be presented in a separate civil action. (1999-420, s. 1.)
§ 42A-24. Expedited eviction.
(a) Before commencing an expedited eviction proceeding, the landlord or real estate broker shall give the tenant at least four hours' notice, either orally or in writing, to quit the premises. If reasonable efforts to personally give oral or written notice have failed, written notice may be given by posting the notice on the front door of the property.
(b) An expedited eviction proceeding shall commence with the filing of a complaint and issuance of summons in the county where the property is located. If the office of the clerk of superior court is closed, the complaint shall be filed with, and the summons issued by, a magistrate. The service of the summons and complaint for expedited eviction shall be made by a sworn law enforcement officer on the tenant personally or by posting a copy of the summons and complaint on the front door of the property. The officer, upon service, shall promptly file a return therefor. A hearing on the expedited eviction shall be held before a magistrate in the county where the property is located not sooner than 12 hours after service upon the tenant and no later than 48 hours after such service. To the extent that the provisions of this Article are in conflict with the Rules of Civil Procedure, Chapter 1A of the General Statutes, with respect to the commencement of an action or service of process, this Article controls.
(c) The complaint for expedited eviction shall allege and the landlord or real estate broker shall prove the following
at the hearing:
(1) The vacation rental is for a term of 30 days or less.
(2) The tenant entered into and accepted a vacation rental agreement that conforms to the provisions of this Chapter.
(3) The tenant committed one or more of the acts listed in G.S. 42A-23(a) as grounds for eviction.
(4) The landlord or real estate broker has given notice to the tenant to vacate as a result of the breach as provided in subsection
(a) of this section. The rules of evidence shall not apply in an expedited eviction proceeding, and the court shall allow any reasonably reliable and material statements, documents, or other exhibits to be admitted as evidence. The provisions of G.S. 7A-218, 7A-219, and 7A-220, except any provisions regarding amount in controversy, shall apply to an expedited eviction proceeding held before the magistrate. These provisions shall not be construed to broaden the scope of an expedited eviction proceeding to issues other than the right to possession. (d) If the court finds for the landlord or real estate broker, the court shall immediately enter a written order granting the landlord or real estate broker possession and stating the time when the tenant shall vacate the property. In no case shall this time be less than 2 hours or more than 8 hours after service of the order on the tenant. The court's order shall be served on the tenant at the hearing. If the tenant does not appear at the hearing or leaves before the order is served, the order shall be served by delivering the order to the tenant or by posting the order on the front door of the property by any sworn law enforcement officer. The officer, upon service, shall file a return therefor. If the court finds for the landlord or real estate broker, the court shall determine the amount of the appeal bond that the tenant shall be required to post should the tenant seek to appeal the court order. The amount of the bond shall be an estimate of the rent that will become due while the tenant is prosecuting the appeal and reasonable damages that the landlord may suffer, including damage to property and damages arising from the inability of the landlord or real estate broker to honor other vacation rental agreements due to the tenant's possession of the property. (1999- 420, s. 1.)
§ 42A-25. Appeal. A tenant or landlord may appeal a court order issued pursuant to G.S. 42A-24(d) to district court for a trial de novo. A tenant may petition the district court to stay the eviction order and shall post a cash or secured bond with the court in the amount determined by the court pursuant to G.S. 42A-24(d). (1999-420, s. 1.)
§ 42A-26. Violation of court order. If a tenant fails to remove personal property from a residential property subject to a vacation rental after the court has entered an order of eviction, the landlord or real estate broker shall have the same rights as provided in G.S. 42-36.2(b) as if the sheriff had not removed the tenant's property. The failure of a tenant or the guest of a tenant to vacate a residential property in accordance with a court order issued pursuant to G.S. 42A-24(d) shall constitute a criminal trespass under G.S. 14-159.13. (1999-420, s. 1.)
§ 42A-27. Penalties for abuse. A landlord or real estate broker shall undertake to evict a tenant pursuant to an expedited eviction proceeding only when he or she has a good faith belief that grounds for eviction exists under the provisions of this Chapter. Otherwise, the landlord or real estate broker shall be guilty of an unfair trade practice under G.S. 75-1.1 and a Class 1 misdemeanor. (1999-420, s. 1.)
Additional Waivers
The additional waivers below may or may not be applicable to your stay, depending on the home that you are staying in. If you would like to know which waivers apply to your stay, please ask an East West Associates representative. We would be happy to provide you with that additional detail.
Pet Policy for Pet-Free Homes (if applicable): By signing this agreement, you recognize and confirm that you have read all of the Rules and Regulations, but also have specifically read, understand, and will abide by the policies regarding NO pets. Specifically, that we have a “NO pets” policy, and that this policy is strictly enforced.
By agreeing to these terms and conditions, you understand and accept that you will be charged a $500 fee for any violations of this policy, and additionally, may be asked to leave the property if you violate this specific rule.
We have these policies in effect for our guests’ safety, hygiene, and well-being. Our goal is to provide a very luxurious, safe, and highly enjoyable experience for all of our guests, and we appreciate your cooperation and assistance.
Pet Policy for Pet Friendly Homes (if applicable): By signing this agreement, you recognize and confirm that you have read all of the Rules and Regulations prior and following, but also have specifically read, understand, and will abide by the policies regarding pets. Specifically, that we have a “pets” policy, and that this policy is strictly enforced and outlined below.
1. Pets permitted are ONLY dogs, and they must be at least one (1) year old. 2. Pet Fee is set at $200/dog.
2 dogs per stay maximum. If you are bringing a pet, you are responsible for notifying us and providing payment.
3. All pets must comply with the following specifications, (documentation from an accredited veterinarian must be provided by Guest upon request): a) Must be at least one (1) year of age or older; b) Must be spayed or neutered; c) Must be up to date on rabies vaccinations and all other vaccinations. Heartworm prevention is highly recommended.
4. Guests are responsible for cleaning up all pet refuse, on property and in the neighborhood.
5. Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur additional cleaning fees.
6. All pets are to be treated with a topical flea and tick repellent three (3) days prior to arrival. Fleas and ticks are rampant in this area and can cause harmful or fatal illness to both humans and pets.
7. Must not cause damage to premises or furnishings. If damages are caused, the total cost of the damage may be applied to the Security Deposit, with no limit.
8. Guests shall prevent pets from producing excessive noise at a level that disturbs the neighbors.
9. Pet(s) will not be left unattended for any undue length of time, either indoors or out. Pets will not be left unattended on the balcony, patio, or porch.
10. East West Associates/Homeowner assumes no responsibility for illness or injury that may occur to either pets or humans while on the premises, or in the surrounding neighborhood. By signing this agreement, you understand and accept that you will be charged a minimum $500 fee for any violations of this policy, and additionally, may be asked to leave the property if you violate this specific rule. We have these policies in effect for our guests’ safety, hygiene, and well-being. Our goal is to provide a very luxurious, safe, and highly enjoyable experience for all of our guests, and we appreciate your cooperation and assistance.
Pond Liability Waiver (if applicable): Guest specifically acknowledges that the property to be rented has a swimming pond for use by guests (in season), and that the use of the pond and surrounding area are at the guests “own risk”. Guests assume full responsibility and liability for usage of these facilities. When not “in season”, guests are responsible for safety and avoidance of pond area by everyone staying or visiting home.
If Guest chooses to bring a child, (or children), to the property, then Guest agrees to accept full responsibility for child’s safety. This includes use and access to the pond areas. There are NO lifeguards on duty, and Guests are solely responsible for monitoring children and others at ALL times. The Owner and East West Associates accept NO responsibility for anyone’s safety, nor liability for misuse or accidents. Guests agree to all these conditions and agree to supervise any child or others at all times while staying at the home. Guest further agrees to hold Homeowner and East West Associates harmless, and to indemnify Homeowner and East West Associates for any injuries to anyone while using the pond area, and in the home and/or on the Property.
Additionally, Guest agrees to accept full responsibility for damages to the dock or equipment. This includes any necessary repair and/or replacement of item, if repair to previous condition is not possible. Any such damages exceeding the Security Deposit will still be the responsibility of the Guest. Playground Liability Waiver (if applicable): Guest specifically acknowledges that the property to be rented has a playground for use by guests, and that the use of the playground and surrounding area are at the guests “own risk”. Guests assume full responsibility and liability for usage of these facilities. If Guest chooses to bring a child, (or children), to the property, then Guest agrees to accept full responsibility for child’s safety. This includes use and access to the playground areas. Guests are solely responsible for monitoring children and others at ALL times. The Owner and accept NO responsibility for anyone’s safety, nor liability for misuse or accidents.
Guest agrees to all these conditions and agrees to supervise any child or others at all times while staying at the home. Guest further agrees to hold Homeowner and East West Associates harmless, and to indemnify Homeowner and East West Associates for any injuries to anyone while using the playground area, and in the home and/or on the Property.
Additionally, Guest agrees to accept full responsibility for damages to the playground area. This includes any necessary repair and/or replacement of item, if repair to previous condition is not possible. Any such damages exceeding the Security Deposit will still be the responsibility of the Guest. Lake Liability Waiver (if applicable): Guest specifically acknowledges that the property to be rented has a lake for use by guests (in season), and that the use of the lake and surrounding area are at the guests “own risk”. Guests assume full responsibility and liability for usage of these facilities. When not “in season”, Guest is responsible for safety and avoidance of lake area by everyone staying or visiting home.
If Guest chooses to bring a child, (or children), to the property, then Guest agrees to accept full responsibility for child’s safety. This includes use and access to the lake and surrounding areas. There are NO lifeguards on duty, and Guests are solely responsible for monitoring children and others at ALL times. The Owner and East West Associates accept NO responsibility for anyone’s safety, nor liability for misuse or accidents.
Guest agrees to all these conditions and agrees to supervise any child or others at all times while staying at the home. Guest further agrees to hold Homeowner and East West Associates harmless, and to indemnify Homeowner and East West Associates for any injuries to anyone while using the lake, the playground area, and in the home and/or on the Property.
Hot Tub Liability Waiver (if applicable): Guest specifically acknowledges that the property to be rented has an above-ground hot tub for use by guests, and that the use of the hot tub and surrounding area are at the guests “own risk”. Guests assume full responsibility and liability for usage of these facilities. When not use, Guest is responsible for safety and avoidance of hot tub area by everyone staying or visiting home. If Guest chooses to bring a child, (or children), to the property, then Guest agrees to accept full responsibility for child’s safety. This includes use and access to the hot tub. There are NO lifeguards on duty, and Guests are solely responsible for monitoring children and others at ALL times. The Owner and East West Associates accept NO responsibility for anyone’s safety, nor liability for misuse or accidents. Guest agrees to all these conditions and agrees to supervise any child or others at all times while staying at the home. Guest further agrees to hold Homeowner and East West Associates harmless, and to
indemnify Homeowner and East West Associates for any injuries to anyone while using the hot tub, the hot tub area, and in the home and/or on the Property.
Additionally, Guest agrees to accept full responsibility for damages to the hot tub, equipment, and deck area. This includes any necessary repair and/or replacement of item, if repair to previous condition is not possible. The total cost of any such damages will be the responsibility of the Guest.
All guests are encouraged to shower and shampoo prior to entering the hot tub, and to avoid usage if they are experiencing any signs of illness, are carrying specific germs, or have open wounds. Hot tubs can be havens and incubators for germs due to the temperature and inherent environment. East West Associates and the owners accept NO responsibility for any illness, transmission of germs or otherwise related to, or the result of using the hot tub. (PLEASE NOTE: the hot tub is cleaned and serviced after every guest per the regulations and guidelines provided by the NC State Health Department, by a Health Dept. Certified technician. As required by state regulations, a schedule and service summary are kept locked on property, and copies can be provided if requested.)
Pool Liability Waiver (if applicable): Guest specifically acknowledges that the property to be rented has an in-ground swimming pool for use by guests (in season), and that the use of the pool and surrounding area are at the guests “own risk”. Guests assume full responsibility and liability for usage of these facilities. When not “in season”, Guest is responsible for safety and avoidance of pool area by everyone staying or visiting home.
If Guest chooses to bring a child, (or children), to the property, then Guest agrees to accept full responsibility for child’s safety. This includes use and access to the swimming pool. There are NO lifeguards on duty, and Guests are solely responsible for monitoring children and others at ALL times. The Owner and East West Associates accept NO responsibility for anyone’s safety, nor liability for misuse or accidents.
Guest agrees to all these conditions and agrees to supervise any child or others at all times while staying at the home. Guest further agrees to hold Homeowner and East West Associates harmless, and to indemnify Homeowner and East West Associates for any injuries to anyone while using the pool, the pool
area, and in the home and/or on the Property. Additionally, Guest agrees to accept full responsibility for damages to the pool, equipment, and deck area. This includes any necessary repair and/or replacement of item, if repair to previous condition is not
possible. The total cost of any such damages will still be the responsibility of the Guest. Bunk Bed Liability Waiver (if applicable):
Guest specifically acknowledges that the property to be rented has bunk beds for use by guests, and that the use of the bunk bed and surrounding area are at the guests' "own risk". Guests assume full responsibility and liability for usage of these facilities.
If Guest chooses to bring a child, (or children), to the property, then Guest agrees to accept full responsibility for child’s safety. This includes use and access to the bunk beds. Guests are solely responsible for monitoring children and others at ALL times. The Owner and East West Associates accept NO responsibility for anyone’s safety, nor liability for misuse or accidents.
Guest agrees to all these conditions and agrees to supervise any child or others at all times while staying at the home. Guest further agrees to hold Homeowner and East West Associates harmless, and to indemnify Homeowner and East West Associates for any injuries to anyone while using the bunk beds, surrounding area, and in the home and/or on the Property.
Additionally, Guest agrees to accept full responsibility for damages to the bunk beds. This includes any necessary repair and/or replacement of item, if repair to previous condition is not possible. The total cost of any such damages will still be the responsibility of the Guest.
Amenity & Outdoor Equipment Liability Waiver (if applicable): Guest specifically acknowledges that the property to be rented has outdoor amenities and equipment for outdoor activities, and that the use of these are at the guests “own risk”. Guests assume full responsibility and liability for usage of these amenities and equipment.
If Guest chooses to bring a child, (or children), to the property, then Guest agrees to accept full responsibility for child’s safety. This includes use and access to the outdoor amenities and equipment for outdoor activities. Guests are solely responsible for monitoring children and others at ALL times. The Owner and East West Associates accept NO responsibility for anyone’s safety, nor liability for misuse or accidents.
Guest agrees to all these conditions and agrees to supervise any child or others at all times while staying at the home. Guest further agrees to hold Homeowner & East West Associates harmless, and to indemnify Homeowner & East West Associates for any injuries to anyone while using the outdoor amenities and equipment for outdoor activities, and in the home &/or on the Property.
Additionally, Guest agrees to accept full responsibility for damages to the outdoor amenities and equipment for outdoor activities. This includes any necessary repair and/or replacement of item, if repair to previous condition is not possible. The total cost of any such damages will still be the responsibility of the Guest.
Property Liability Waiver (if applicable): Guest specifically acknowledges that the property to be rented has acreage for hiking and exploring, and that the use of this acreage is at the guests “own risk”. These areas are perfect for enjoying nature, but this does come with some risk. The grounds may be uneven or even blocked by fallen limbs, etc. This could result in injury such as sprained ankles and other possible injuries. Animals also live in these woods, so be cautious of any snakes, bears, etc. Guests assume full responsibility and liability for usage of these facilities.
If Guest chooses to bring a child, (or children), to the property, then Guest agrees to accept full responsibility for child’s safety. This includes use and access to the acreage. Guests are solely responsible for monitoring children and others at ALL times. The Owner and East West Associates accept NO responsibility for anyone’s safety, nor liability for misuse or accidents.
Guest agrees to all these conditions and agrees to supervise any child or others at all times while staying at the home. Guest further agrees to hold Homeowner and East West Associates harmless, and to indemnify Homeowner and East West Associates for any injuries to anyone while using the acreage, and in the home and/or on the Property.
Residential Area (if applicable): Your experience is our top priority; in concert with this is our relationship, we also take our relationship with the neighbors and home owners very seriously. While we ask that you respect the owner’s home, property and possessions available for your use during your stay, we also remind you to respect the neighbors in the community as they are also allowing you to visit. This home is in a residential area with neighboring homes, so please keep that in mind at all times, and respect the quiet and privacy of the neighbors.
To that end, please observe the following rules:
1. Out of respect to neighbors, do not gather outside of the property after 11 pm on weekend evenings (Friday, Saturday and before federal holidays) or after 10 pm on weeknights (Sunday through Thursday, aside from federal holidays). No one should congregate on the front porch, yard, driveway or in the garage with the garage doors open after this time.
2. All vehicles must be parked in the driveway. Please do not park on the street. The street is a private road maintained by the homeowner’s association. You may use it only to access the property.
3. No more than the maximum occupancy are allowed on the property at any time unless you receive express written permission from East West Associates to allow an exception. No third parties (people not staying at the property as guests) are allowed without express written permission.
4. Do not wander around or explore the neighborhood or the woods. Property lines are not clearly defined and trespassing onto neighbors’ yards is not permitted.
5. Be considerate of the volume of music at all hours, especially when outside.
6. Maintain general courtesy for neighbors on their property or walking or driving around.
In efforts to ensure that you have a great time, if a complaint is made to East West Associates, we will notify you immediately; however, the neighbors do have the right to involve the authorities if they deem necessary. Reports of excess noise may be considered breach of contract and you may be subject to the expedited eviction proceedings, per the NC Vacation Rental Act. Again, we share all of this only to ensure that you have a spectacular, uninterrupted stay with us. Thank you!
*If the property you are renting is located outside of North Carolina, local governing vacation rental legislation will apply.