Your signature indicates that you have read, understand, and will comply with the terms of this agreement.

Please sign and return by scan/email or fax within four (4) days. In consideration of the monies received and mutual promises contained herein, the Owner of the property, hereinafter “Agent” does hereby lease and rent to Tenant the certain property described herein and under the following terms and conditions. Unit information, rental rates and other financial data is set forth in this lease.

 1.                  ADVANCE RENT PAYMENT. The amount specified as the advance payment sum set forth must be remitted to Cottages of Dark Corner within ten (10) days or sooner of receipt of a completed Reservation Request/Verbal agreement to rent a cottage.

2.                  BALANCE DUE. Including taxes, any handling fee, security deposit, and any and all fees for goods or services as shown, must be received by Cottages of Dark Corner thirty (30) days prior to arrival and may be paid by money order, personal check, cashier’s check, or accepted credit card.  There is an $85 fee for all returned checks. For reservations made less than 30 days from check-in, all funds or TOTAL, as shown are immediately due. For reservations made more than 30 days from check-in, tenant may split the total due into two equal payments. However, the remaining balance is due 30 days prior to check-in. ALL RESERVATIONS MUST BE PAID IN FULL PRIOR TO CHECK IN. A VACATION RENTAL AGREEMENT MUST BE SIGNED PRIOR TO CHECK IN. Arrangements for split payments must be made in advance.

3.                  ALL ADVANCE PAYMENTS, RENT BALANCES, SECURITY/DAMAGE DEPOSITS AND ALL OTHER RECEIPTS FROM TENANT ARE DEPOSITED IN COTTAGES OF DARK CORNER INTEREST BEARING ACCOUNT WITH ALL INTEREST ACCRUED PAYABLE TO COTTAGES OF DARK CORNER. All security deposits will be returned within five (5) business days of termination of occupancy, less any deductions authorized pursuant to the North Carolina Security Deposit Act.

4.                  TAXES. As required by North Carolina include the collection of a seven percent (7%) Sales and Use Tax on all fees for goods and services charged to Tenant and a three percent (3%) Lodging Tax on the rental rate and any pet/horse rent. Taxes are subject to change.

5.                  TRANSFERS/CANCELLATIONS. Transfers: Reservation period can be changed with no penalty if payment has been received and availability allows. Cancellations: Must be in writing. If cottage is re-rented for the reserved period, Agent will refund all monies paid. If cottage cannot be re-rented, all monies will be returned less the cancellation fee.

6.                  TERMINATION. If the Tenant or any member of his party violates any of the terms of this agreement, the Agent may, at the Agent’s sole discretion, terminate this lease with no refund of the used portion of the rents unless the property is able to be re-rented, and may enter the premises and remove Tenant, the members of his party, and their belongings. Tenant is notified that they will be subject to an expedited eviction procedure pursuant to the “Vacation Rental Act.”

6A.     ILLEGAL/UNLAWFUL MATERIALS, WEAPONS, AND FIREARMS are not permitted ANYWHERE on the property.  If weapons, firearms, Illegal/unlawful materials  are displayed, used, and/or otherwise  carried on the property, tenant will be immediately evicted with 1. NO AMOUNT REFUNDED and 2. PROPER AUTHORITIES WILL BE NOTIFIED.

7.                  SMOKING IS NOT PERMITTED IN THE COTTAGES. SMOKING MATERIALS/TRASH SHOULD BE DISCARDED IN THE ASHTRAY PROVIDED OUTSIDE THE COTTAGE. SMOKING MATERIALS/TRASH DISCARDED ON THE GROUNDS MAKES THE TENANT SUBJECT TO LOSS OF DAMAGE DEPOSIT.

8.                   ANIMALS (Pets and Horses). Are permitted with a paid pet deposit and signed rental agreement. It is strongly advised that any indoor pet should be treated for fleas and on flea prevention prior to arrival at the cottage. Horses require negative Coggins test and health certificate within 30 days of arrival. NO PETS ALLOWED ON FURNITURE. PETS ARE TO BE ON A LEASH AT ALL TIMES WHEN OUTSIDE. HORSES ARE TO BE STABLED OR PICKETED WHEN NOT IN USE. ANIMAL EXCREMENT IS TO BE REMOVED BY THE TENANT FROM YARD, BARN, AND OTHER COMMON AREAS. To encourage tenants to register their animals and provide a pet deposit, each unregistered pet/animal (an unregistered animal is a one not entered on this rental agreement) is subject to $40.00 per night rent + $ 40.00 pet fee.

9.                  ALL RENTALS ARE TO FAMILIES AND RESPONSIBLE ADULTS ONLY. Tenant agrees that the premises shall not be used for any illegal or unlawful purpose. NO high school or college groups, chaperoned or not, are permitted. Violation is grounds for immediate termination. Properties are regularly patrolled. Tenant acknowledges that he/she will personally occupy the property for the entire lease period and will not sublet any portion of the property. Occupancy is restricted to the maximum occupancy as set forth in this lease. Use of the premises and common areas in such a fashion that disturbs or offends other guests or residents shall be deemed grounds for immediate termination. We wish you to have an enjoyable vacation, but you must respect the rights of other guests.

10.               CHECK IN. Will be 3:00 pm on the arrival date, unless other arrangements are made in advance and availability allows.  CHECK OUT. Will be 11:00 am on the departure date, unless other arrangements are made in advance and availability allows.

11.              FURNISHINGS. Cottage is equipped and furnished. Mattress pads, pillows, blankets, linens including sheets and towels, and kitchen utensils are provided. Property also has unique and valuable decorations that are the responsibility of the Tenant.  Please do not damage or remove any items from the property. Signer of this agreement will be charged for lost, stolen or damaged items. APPLIANCE MALFUNCTIONS or service requests will be responded to as quickly as possible. There are no rebates or refunds issued to Tenants for any reason as every good faith effort is made to insure the property is maintained to highest standards.

12.              HORSES AND NORTH CAROLINA LAW. WARNING. UNDER NORTH CAROLINA LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN OR OBSERVER OF EQUINE ACTIVITIES RESULTING EXCLUSIVELY FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. CHAPTER 99E OF THE NORTH CAROLINA GENERAL STATUTES.

13.              MINIMUM STAY. There is a 2-night minimum stay at Cottages of Dark Corner.

14.              NATURAL SETTING, CREEKS, WATERFALLS, TRAILS, ANIMALS AND WILDLIFE Tenant agrees not to remove any plants, rocks, etc., from the property. Tenant agrees to keep cottage surroundings and other areas of the property in its natural state. Tenant agrees to walk/ride only on designated trails, and to avoid landscaped areas. Walkways and trails, especially those around the creeks and waterfalls, may have moss or other vegetation that may cause slippery conditions. Avoid these areas when slippery conditions are present. TENANT ASSUMES AND ACCEPTS ANY AND ALL RISK INVOLVED IN ANY CONTACT WITH WATER, SOIL, ROCKS, ANIMALS, PLANTS, OR INSECTS THAT MAY CAUSE INJURY ON THE PROPERTY.

15.              TELEPHONES. Are not provided.

16.              GRILLING IS PERMITTED ONLY OUTSIDE AND AWAY FROM COTTAGE, PORCH, OR OTHER STRUCTURES ON THE PROPERTY. ABSOLUTELY NO GRILLING IS ALLOWED ON DECKS OR PORCHES. USE OF FIREWORKS IS PROHIBITED.

17.              CARE OF PROPERTY. Tenant is expected to care for the property as if it were his own. Tenant is notified that the North Carolina “Vacation Rental Act” provides certain obligations on the Tenant regarding care and use of the property and Tenant agrees to be bound and responsible for the provisions contained therein. In addition, Tenant acknowledges that unless Agent is notified on day of check in of any damage or cleaning concerns, that thereafter, all damages or concerns to the property during the occupancy will be the Tenant’s responsibility and must be reported to Agent and paid prior to departure. Cottage must be left in the same condition as when Tenant finds it at check in. failure to comply with any of these terms and conditions gives the Agent the right to deduct applicable fees. Tenant will be charged with anything on this list that is not completed prior to check out.  Tenant must leave the property in a clean condition to include the following:

Rearranging of furniture is not permitted. All trash is to be bagged, removed from the cottage and placed in the large trash can outside the cottage. No loose trash in the large trash cans. No litter or trash is to be left in the yard or on trails or in common areas.  Dishes must be washed with soap, rinsed, and in the drying rack at the Pout House, dishes may be left clean in the dishwasher at Cynthia’s Peak.  Sheets, towels, and other linens (Not bedspreads or quilts) are to be stripped and placed in the bathtub at departure. All doors and windows are to be closed and locked upon departure. All keys must be left on the cottage's kitchen counter by 11:00 am on the day of departure; missing keys will be subject to a $50.00 re-keying fee. Damage, breakage or other problems must be reported to 828-749-3580 or 828-329-9377 as soon as possible. No pet hair, urine or excrement anywhere in the cottage. Pet hair, urine and excrement constitutes damage and will result in loss of pet deposit. Tenant will NOT be held responsible for normal wear and tear or maintenance issues in the cottage.

18.              LOCKED AREAS. for which the Tenant has not been provided a key, such as Agent’s or Owner’s personal storage areas, are exempt from this lease agreement and strictly off limits to the Tenant. Forced entry into these areas is cause for immediate termination and the Tenant will be charged for damage and/or missing items.

19.              IN THE EVENT. that the Agent is unable to deliver said property to tenant under this lease agreement prior to occupancy because of fire, eminent domain, act of nature, double booking due to calendar issues or owner oversight, delay in construction or any other reason whatsoever, Tenant hereby agrees that Agent’s and Owner’s sole liability as a result of these conditions is a full refund of all consideration previously tendered by the Tenant. Pursuant to the terms of this lease, Tenant expressly acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including but not limited to any expenses incurred as a result of moving for any damage, destruction or loss.

20.              LOST STOLEN OR ABANDONED ARTICLES. Neither Agent nor Owner shall have any responsibility for lost, stolen or abandoned items.

21.              INDEMNITY. Tenant agrees to release and indemnify the Owner and his Agent from and against all liability, should anyone be injured upon the premises during the term of the lease, resulting from any cause whatsoever, except in case of personal injury caused by the negligent act of the Owner. WARNING. UNDER NORTH CAROLINA LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN OR OBSERVER OF EQUINE ACTIVITIES RESULTING EXCLUSIVELY FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. CHAPTER 99E OF THE NORTH CAROLINA GENERAL STATUTES.

22.              DECKS/PORCHES/STAIRS/HOT TUBS. HOT TUBS/Spas are provided in each unit. Tenant acknowledges that they are fully aware that stairs, patio and deck areas, and hot tubs can be dangerous, that all surfaces can be slippery when wet, and that injury is likely to occur to anyone who is not careful. Tenants are to observe and adhere to all rules and policies posted on the property. Tenant, as signed below, assumes and accepts all risk involved in or related to the use of stairs, hot tubs, patio and deck areas.

23.              ACKNOWLEDGEMENT. Tenant acknowledges that he has reviewed and understands the terms of this lease and agrees to be bound thereby.

 25.              If there is more than one person in occupancy, Tenant designates the following contact person for all communications with the Agent:_______________________________________________________

26.              PETS. I □ will □ will not bring an animal. WHEREAS the undersigned, as Tenants, are renting a property that allows animals and have arranged with the Agent to keep an animal on the premises. NOW, THEREFORE, as additional terms, tenants covenant and agree to the following:

a. Number of animal(s) :____________________type of animal :________________________

b. Tenant understands that:

An additional Pet Deposit and a non-refundable pet fee is required. The deposits are refundable according to the same terms and conditions of 3. ADVANCE PAYMENTS No animals may be left on the premises unless a responsible adult is also present or the pet is crated. Outside the cottage, all pets must be on a leash, but no pet shall be tied outside the cottage unless supervised by a responsible adult. Pets are not allowed on the furniture, Tenant will forfeit his pet deposit if any pet hair or pet urine/excrement is found on furnishings or bedding, or indeed anywhere in the cottage. Lost, Stolen or Abandoned Pet equipment and or supplies are subject to the terms and conditions of 22. LOST STOLEN OR ABANDONED ITEMS