Terms & Conditions / Rental Agreement – The Everwoods LLC

Upon approval of the terms and conditions below and completion of the reservation process, your dates will be reserved and a representative from The Everwoods will be reviewing your reservation to make sure that all of the information is complete, correct, and that the reservation meets The Everwoods’ rental and minimum nights requirements.

The Everwoods appreciates your reservation and looks forward to having you as a guest in one of our amazing rentals. This Rental Contract (“Contract”) creates a binding agreement between The Everwoods LLC; which is the Property Owner (“Owner”), and the Guest or Guests, (“Guest/Your”) as designated below. Guest shall review this Rental Contract in its entirety.

The Everwoods LLC (This agreement applies to whichever of these properties is reflected on your Reservation Confirmation)

Lodge - 25436 Locust Grove Road | Creola, Ohio 45622 ("Premises") OR

A-Frame - 25402 Locust Grove Road | Creola, Ohio 45622 (“Premises”)

Completion of this reservation with The Everwoods LLC and authorizing payment constitutes Guest’s agreement to all such terms, conditions, and notice requirements, including but not limited to the cancellation and refund policy as described herein. Additionally, Guest consents and agrees (electronically) and authorizes The Everwoods LLC to charge Guest’s credit card to reserve the Premises according to the terms and conditions of this Contract. Once your reservation is accepted and credit card charged, you will be issued an electronic confirmation notice (“Booking”).

Reservation Process: All reservations require a payment in full at the time of Booking. All online reservations require payment by credit card at the time of Booking. By completing the reservation process, Guest also agrees for The Everwoods LLC to hold a security deposit in the amount of $1000 that will be pre-authorized up to 1 week prior to the reservation date. Reservation charges include, but are not limited to, lodging, taxes, cleaning, and booking fees. All fees are subject to change. The Everwoods LLC reserves the right to add additional charges for changes to the tax rate per county or state ordinances prior to arrival.

48 hours prior to the arrival date, Guest will receive, via email or SMS message, the check-in information, which includes arrival and departure policies and procedures as well as an access code which is the manner in which Guest will access the Premises upon arrival.

Standard Cancellation and Refund Policy: Guests will receive a full refund (with the exception of the 3% credit card processing fee) if the Booking is canceled, in writing, within 48 hours after Booking and Guest provides the cancellation to Owner at least 30 full days prior to reservation date. After the 48 hour booking window, Guests will receive a 50% refund for bookings canceled, in writing, more than 30 days prior to reservation date. All cancellations made within 30 days of the reservation date are non-refundable.

The Everwoods reserves the right to cancel a booking should the property become uninhabitable for any reason. Owner will not allow guests to stay if the condition of the cabin is dangerous or not fully operational both for the safety of the Guest and Owner. In this instance, the guest will receive a full refund.

All cancellations must be in writing. All changes to reservations must be completed in writing to The Everwoods LLC prior to the appropriate stated cancellation deadlines stated herein.

All changes to reservations must be completed in writing prior to the cancellation deadline.

Guest Security Deposit For Damages: Guest agrees to provide a valid credit card account to be held for the purposes of a Security Deposit. The Everwoods LLC shall conduct a Check-Out inspection of property after each guest departure. If The Everwoods observes damages to the Premises during the inspection in The Everwoods sole and absolute discretion and in accordance with Ohio Law, Guest authorizes The Everwoods LLC to charge Guest’s credit card to pay The Everwoods for any damage to the Premises, including but not limited to excessive cleaning or any unnecessary service calls that occur during the Guest’s occupancy. If the Guest’s credit card is charged, a receipt and documentation will be sent to Guest within 45 days of departure.

The Everwoods LLC shall not refund Guest due to weather related issues, acts of God (i.e. snow, wind, rain, power outages), medical emergencies, illness, death, pandemics, or any other causes beyond their control. The Everwoods LLC shall not refund Guest for “rural” issues that arise during a Guest’s stay (i.e. loss of internet connection, low water pressure, insects/wildlife on property, and other like instances.) The Everwoods LLC shall not refund Guest for early departures. If you have concerns about a cancellation, The Everwoods LLC strongly suggests you consider third party travel insurance options.

Age Requirement: Guest shall be at least twenty-five (25) years of age and acknowledges that they may be asked to provide proof of age at the time the Reservation is made. Guest is responsible for all other persons staying or visiting the Property during the Reservation. If Guest is not twenty-five (25) years or older, The Everwoods LLC reserves the right to terminate the Reservation without a refund.

Property Conditions: The Everwoods LLC makes every effort to ensure the property, all equipment, and appliances are in good and working order prior to your arrival. If there is a malfunction, or if Guest has any other issues with the property, Guest must report the issue to The Everwoods LLC immediately by telephone or via email. The Everwoods LLC shall be allowed a commercially reasonable amount of time to restore property to an acceptable condition. Any issues presented after check-out cannot be remedied and are not cause for compensation or refund, from The Everwoods LLC, to the Guest. Reservation is non-refundable unless the rental unit becomes unfit for habitation as deemed by The Everwoods. Under no circumstances shall the Guest be able to determine if a rental unit is unfit for habitation. The Everwoods LLC will not provide any refunds due to the occurrence of any of the following events: (a) malfunctions of equipment and/or property amenities, including but not limited to TV’s, DVD’s, kitchen appliances, electrical equipment, pools, hot tubs, and/or plumbing fixtures (b) failure of public utilities. Notwithstanding the foregoing, The Everwoods LLC will make every reasonable effort available to ensure repairs are made and that all equipment is kept in good working order and condition.

Internet Access and Telephone Service: The Premises shall have wireless internet access provided by Owner as a courtesy for Guest; however, this service can sometimes be unreliable. The Everwoods LLC makes every effort to ensure this service is working properly, but is not responsible for problems with internet service or Guest’s connectivity. The Everwoods LLC does not provide any technical support and no refunds are issued for internet service problems.

Hot Tubs: The Premises has a private hot tub. These tubs are serviced between each reservation for cleanliness. Hot tub maintenance may occur during your stay. Guest must allow access to property to perform service (service person will enter property to check tub if guest is not on premises). Guest shall observe and adhere to all rules and policies as posted at the property regarding safe use of the hot tub. The hot tub and surrounding patio/deck can be dangerous and can be slippery when wet. Guest accepts and assumes all risk involved in, or related to, the use of the hot tub and patio/deck areas and releases The Everwoods LLC from any and all liability or loss that may result in connection with the use of the hot tub. The Everwoods LLC makes no guarantees related to the functionality of the hot tub and its use. However, if there is a problem with the hot tub during your stay, please contact The Everwoods LLC immediately so that we can contact the hot tub company to remedy the problem. Although rare, hot tubs do break down and the hot tub company will make every effort to get it back up and running. In the event the hot tub is unable to be used during your stay for a mechanical reason, and you have properly notified The Everwoods LLC, The Everwoods LLC will refund Guest $25 for every 24 hours you are unable to use the hot tub due to mechanical failure. The Everwoods shall not refund Guest for problems associated with improper use or if hot tub needs drained for sanitation reasons caused by Guest.

Use of Property: This reservation is for quiet residential vacation accommodations only. Use of premises shall not be such as to disturb or offend neighbors or other residents. The Everwoods LLC has the right to terminate this Contract and to ask disruptive Guest(s) to vacate the premises without refunding rent or deposits. Minors (under 18) are not to be left alone or unchaperoned. Guest may not sublet or assign this Contract. Guest understands that The Everwoods LLC cannot guarantee that neighboring properties or any complex a property resides in will be free from disturbances and/or not be under construction, being repaired, or maintained in any way, or that State construction projects will not be in progress around the rental property. These disturbances are not a reason for termination of this Contract, nor is it a reason for a refund.

Additional Rental Rules: Guest agrees to abide by the following rental rules (hereinafter "Rental Rules") at all times during Guest's stay at the Property. Guest shall also ensure that any person Guest permits on the Property shall also abide by the rental rules:

1. Guest must "baby-proof" the house to their individual safety standards.

2. Guest will use discretion and leverage hand railings where possible for walking on steps and outdoor surfaces.

3. Guest is liable for any property damage occurring during the stay. This includes

all furnishings, appliances, and mechanicals.

4. Guest must lock doors when exiting the property for extended durations.

5. An assessment will be done on the same day of check-out to determine condition of property and evaluate if any of the security deposit can be returned.

6. PETS ARE NOT PERMITTED AT THIS PROPERTY. NO EXCEPTIONS. ANY PET ON THE PROPERTY WILL RESULT IN THE GUEST’S STAY BEING TERMINATED WITHOUT A REFUND PLUS THE LOSS OF A SECURITY DEPOSIT IN FULL. A MINIMUM $250 ADDITIONAL CLEANING FEE WILL BE CHARGED TO GUEST IF A PET IS BROUGHT ONTO THE PREMISES. ADDITIONAL CHARGES MAY APPLY UPON INSPECTION BY THE EVERWOODS LLC.

Quiet Hours: Property quiet hours are from 10:00 PM until 8:00 AM. If your property has a hot tub these quiet hours include the use of hot tub and jets. These hours are strictly enforced.

Maximum Occupancy: Maximum occupancy for the Premises is 8 people for the A-Frame and 9 people for the Lodge. This includes all adults and children over 24 months of age. The maximum occupancy is in effect 24 hours a day, including transitory daytime visitors, and anyone over 24 months in age. If it is found that the maximum occupancy is exceeded at any time, the Guest(s) stay will be terminated without a refund. Guest(s) agrees that Premises shall not be occupied by more than the number of guests stated in Guest(s) reservation, which cannot exceed maximum capacity as stated above. Guest(s) agrees that The Everwoods LLC or its agents may enter the premises for the purpose of making necessary repairs, maintenance or to check/verify occupancy when deemed necessary by The Everwoods LLC.

Security/Cameras: The Everwoods LLC utilizes a Ring doorbell and one additional outdoor camera on each property. These cameras are located at the front door, and on the far back side of each cabin. The Everwoods LLC respects the privacy of guests and utilizes these cameras when a safety concern arises. Tampering with, covering, or disabling cameras is not permitted. Failure to comply will result in immediate termination of the Guest(s) stay without refund.

Guest Responsibilities: Rules/Damages/Dangerous Conditions: Guest agrees to read and adhere to all rules and information outlined in any letters or other written materials provided at the Property regarding use of the Property. In the event that Guest creates, causes, or discovers any damage or dangerous condition at the Property, Guest shall immediately notify The Everwoods LLC of said damage or dangerous condition.

Tents/Trailers: Guest shall not erect tents, park recreational vehicles or trailers on the Property without the prior written permission of The Everwoods LLC.

Tobacco/Marijuana Users/Candles/Fireworks/Firearms/Explosives/Illegal Drugs/Illegal Substances: Ohio is one of the most restrictive States when it comes to smoking. Odors are a concern, as are the careless discarding of butts and the potential for fire. As a result, not only is smoking prohibited anywhere inside or on the grounds of the Property – Guests and Guest's invitees at the Property are strictly prohibited from using tobacco products, marijuana products or products that produce smoke at all during their stay as even odors trapped in their clothing can permeate into the bedrooms and spaces at the Property. Candle/Incense burning is not permitted at the Property, even if there are candles there provided by the Owner for Owner's use. Fireworks are not allowed on the Property. No firearms, explosives or other dangerous items shall be brought to or permitted upon the Property. Further, Guest shall not engage in allow the use of any illicit or illegal drugs (“illegal” as defined by the US Government) or

substances at the Property nor shall Guest permit of others in the rental party to participate in such activity. Any violation of this provision of the Rental Agreement shall automatically be a significant and material breach of this agreement. Guest specifically acknowledges this important topic by acceptance of the rental agreement.

Policies/FAQ’s: Guest agrees that they have reviewed, or will review, and will adhere to the “Policies” and “FAQ” – (Frequently Asked Questions) Sections on The Everwoods LLC's website (www.theeverwoods.com) prior to their arrival at the Property which may answer other more specific questions about “Use of the Property”.

Departure: Guest shall peaceably and quietly leave the Property at the end of the Rental Term and shall leave the Property in good order and condition, reasonable use and wear expected (assuming there has been no cause to sooner terminate the agreement by Owner). Guest will complete the “Guest Departure Checklist/Procedures” located prominently in The Everwoods LLC reference material at the Property prior to final departure.

Personal Effects: Guest should ensure all their personal property items brought onto the Property are covered for repair or replacement by the Guest’s own insurance provider. The Owner is not responsible for the repair or replacement of any of the Guests personal property at any time for any reason.

Property Damage: Guest authorizes The Everwoods LLC to charge Guest’s credit card for intentional damage, unintentional damage, theft, loss of items from the Premises, excessive cleaning (examples of which include excessive trash removal, excessive laundering, upholstery or carpet cleaning) and all other damages beyond normal wear and tear as determined by The Everwoods LLC in its sole discretion. Guest agrees to and understands that the aforementioned charges will occur after departure from the rental property (delayed or amended charges) and hereby authorizes these charges as determined by The Everwoods LLC. In the event Guest leaves the Premises in a condition where it is unable to be rented for the next guests, Guest will be responsible for lost rental revenue.

Furnishings: Please do not move any furniture. Please do not take any furnishings outside or to another rental. Outdoor furniture will be noted as such. Please do not rearrange the furniture; Owner may charge Guest for moving furniture back to its original location. Inventory is checked before and after Guest’s visit and Guest will be charged for missing or damaged items.

Supplies: Guest understands that starter items such as shampoo, conditioner, hand soap, laundry detergent, paper towels, dishwasher soap, and dish soap will be provided for in the properties by The Everwoods LLC. Once these starter items have been exhausted, it is the Guest responsibility to replenish the necessary supplies needed during Guest stay. Other items such as coffee, tea, creamer, filters, spices, etc may be provided by The Everwoods LLC but are not guaranteed.

Parking: Boats, campers, RV’s, etc. cannot be parked onsite. Please adhere to parking advisories provided within your check-in instructions.

Rental Contract: The Premises subject to this Contract contains items of personal property typical of a personal residence, including but not limited to furnishings, appliances, kitchen items, media, electronics, and games. For purposes of this Contract, Property refers to all real and personal property within and around the home. Such items are provided to enhance Guest’s rental experience and enjoyment of the Property. Guest agrees to fully reimburse The Everwoods LLC for the repair or replacement cost, at The Everwoods LLC's sole discretion, of any damage to the Property.

Guest shall inspect and be familiar with proper use and application of any portion or component of the Property prior to its use. Guest hereby agrees to release, indemnify, defend, and hold The Everwoods LLC Members/Owners, harmless from any and all claims, damages or causes of action and including, without limitation, attorney fees and costs, arising out of or in any way related to the use of the Property by Guest, or any invitees of Guest. Guest assumes the risk of injury or other losses relating to the use of the Property and any activities conducted thereon, and agrees that the release and hold harmless provisions of this Contract shall also apply to any activities of Guest and invitees and agents on the Property.

Limitation on Liability: To the extent not covered by the release provisions contained herein, The Everwoods LLC shall not be liable for special or consequential damages such as, but not limited to, damage to or loss of property or equipment, loss of profits or revenue, cost of capital, cost of purchase of replacement goods or property, claims for emotional distress, mental suffering or the like, or claims of any type whatsoever of persons other than Guest.

In all cases, Guest agrees to waive any potential claim for punitive damages of any kind, regardless of the underlying claim or claims. The remedies of the Guest set forth herein are the exclusive remedies available against The Everwoods LLC.

Any liability of The Everwoods LLC with respect to this Contract or Property covered by this Contract, or anything done in connection therewith, such as the performance or breach of the Contract, or maintenance, rental, or management of the Property, whether statutory, or arising in negligence, contract, tort, strict liability, or under warranty, or otherwise, shall not exceed the sum of rent collected by The Everwoods LLC under the rental contract giving rise to the claim. Guest acknowledges that this limitation of liability is directly tied to the price charged by The Everwoods LLC for the Property under this Contract.

Merger: The duties and liability limitations of The Everwoods LLC are set forth in their entirety in this writing. NO OTHER WARRANTIES are given. Guest hereby waives any and all express and implied warranties available by contract, applicable law, or otherwise.

Severability: If any provision of this Contract is determined to be illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected hereby; and such illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.

Modifications: Modifications to this contract must be in writing and signed by an authorized representative of The Everwoods LLC. Oral modifications to this Contractare not enforceable.

Claims: The Everwoods LLC and Guest hereby waive any and all rights under applicable law to a trial by jury in any action, proceeding or counterclaim brought by either party against the other.

All claims to be asserted under the terms of this Contract shall be asserted within one year after the Departure Date on the first page of this Contract. Any controversy or claim arising out of or relating to this Contract, including, without limitations, the making, performance, or interpretation of this Contract, shall be settled by arbitration.

Notwithstanding the above, The Everwoods LLC may file action in the appropriate small claims court to collect damages within the jurisdiction of that court. Guest agrees that it will not seek a jury trial or otherwise seek to remove the action from the small claims department. In the event that Guest files a counterclaim, it may not exceed the jurisdiction of the Small Claims Department. A counterclaim by Guest that exceeds the jurisdictional limit of the small claims department shall be subject to the arbitration provisions herein.

Chargebacks; Fees: Guest agrees that in the event Guest disputes any credit card or debit card charges by The Everwoods LLC with their financial institution or credit card issuer and said dispute is resolved in favor of The Everwoods LLC, Guest will be responsible for all fees and expenses, including attorney’s fees associated with the dispute.

Applicable Law: This Contract shall be governed by and construed in accordance with the law of the state of Ohio. If any suit or action is filed by any part to enforce this Contract or otherwise with respect to the subject matter of this Contract, exclusive venue shall be in the circuit court for Vinton County, Ohio.

Nothing in this provision shall be deemed to diminish in any way the obligation of the parties to arbitrate any dispute.

Gender: Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Arrival and Departure: Check-in is 4:00 PM (or later) Check–out is 11:00 AM

Early check-in or late check-out times are not permitted.

Guest(s) shall leave premises in clean, undamaged condition. Upon your departure, you will be expected to take out the garbage, run the dishwasher, start a load of towels (if your property is equipped with a washing machine), and follow the check-out guidelines posted in the property and included in the check-in information. The property should be in a reasonably clean condition, similar to the way you found it. The cleaning fee covers additional laundry, sanitization, hot tub maintenance between each guest, and cleaning associated with “normal” use.

Please make sure you have not left any belongings. Please check drawers, closets, and showers. The Everwoods LLC is not and cannot be held responsible for lost or stolen items. A service charge and postage costs are required if Guest requests The Everwoods LLC to pick-up and mail any items left in the property you occupied.

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