Rental Terms and Conditions
This Rental Agreement and Contract (the "Agreement") is a legally binding agreement made and entered into as of the Reservation Date written below by the "Guest" and the undersigned owner, manager or agent ("Property Manager"), pursuant to which the Guest has agreed to rent the unit described below (the "Property"), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
OCCUPANCY
Guest agrees that no more than Four persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. Guest acknowledges and agrees that guests in excess of Two are subject to additional charges.
CONDITION AND USE OF PROPERTY
The Property is provided in "as is" condition. Property Manager shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access. Property Manager shall not be held responsible for such item’s failure to work but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as pools, firepits BBQs and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest's own risk.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and always keep the Property in clean and sanitary condition. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
DEFAULT
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest's property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Property Manager shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Property Manager and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney's fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Property Manager harmless in all such cases.
DAMAGES
Any damages caused by the renter shall be charged to the credit card provided for agree damage deposit.
RELEASE
Guest hereby waives and releases any claims against Property Manager, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest's own initiative, risk and responsibility.
ENTRY AND INSPECTION
Property Manager reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Property Manager has a reasonable belief that there is imminent danger to any person or property, Property Manager may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Property Manager, Property Manager will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Property Manager shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated, and Guest and Property Manager shall have no further obligations or liabilities in any manner pertaining to this Agreement.
AGE REQUIREMENT
No reservations will be made to individuals under the age of twenty-five (25). One (1) adult twenty-five (25) years or older shall be required for every four (4) individuals under the age of twenty-five (25). Parents must always accompany their children on the property. Underage drinking/partying is not allowed. Non-Compliance of these rules shall result in immediate eviction and loss of full cost of stay.
MAXIMUM OCCUPANCY
The maximum occupancy allowed is 10 people except for toddlers or infants. Exceeding maximum occupancy is grounds for eviction and forfeiture of entire cost of stay.
COMMUNICATION TERMS
You agree that Hold on Properties, LLC may send you emails, or texts related to your stay. Hold on Properties, LLC Retreat may also send you emails or texts from time to time related to events or special offers at its properties. In the event that you do not wish to receive further communication from Hold on Properties, LLC that is NOT related to your stay you may opt out at any time by clicking on the unsubscribe link in the email or replying “Stop” to text messages.
REFUNDS
Any refunds that may be owed in compliance with the refund policy detailed on this site shall be processed and returned within 45 days following the date of Check-out of the original reservation for which the refund is requested.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest's rental of the Property:
The House Rules attached hereto and incorporated into this Agreement.
HOUSE RULES
We have a 100% no smoking policy inside all units. Failure to adhere to this rule with result in an additional cleaning charge of $250 being assessed and charged to Guest. Smoking is permitted outside on the patio area.
No pets unless pre-approved by property manager. If approved a $200 cleaning fee shall be added. In the event that a pet is found to be on the property that is not pre-approved Hold on Properties, LLC reserves the right to charge a minimum fee of $400. If there is any damage caused by the pet this shall be assessed on top of the fees above. Pets are expected to be crated when owners are not present. Please note this precludes Rottweilers, Pit Bulls, Dobermans, Chows of wolf hybrids within the property.
All vehicles must be parked on the property site making sure to avoid encroaching into the streets.
Please understand our refund policy. Reservations are refundable only in compliance with our policy. They cannot be changed or assigned.
HOLD HARMLESS
Guest accepts Hold on Properties, LLC privileges with the understanding that he/she does hereby release Hold On Properties, LLC, Windrock Park Retreat, their officers and employees of all liability for loss or damage to property and/or injury to guest arising out of the use of Windrock Retreat facilities. Guest additionally agrees to indemnify and hold harmless Hold On Properties, Windrock Park Retreat, their officers and employees, against claims resulting from loss or damage to personal property of the guest or injury to guest and/or any of the accompanying family, friends or other persons staying with the registered guest arising out of the use of the Windrock Park Retreat facilities,
GENERAL PROVISIONS
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Property Manager.
This Agreement shall be governed by the laws of the State Tennessee. The words "Property Manager" and "Guest" shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected.
Acknowledgment and acceptance of Rental Rules and Conditions as well as House Rules are a condition of all rental reservations processed and made through this site.