RENTAL AGREEMENT

Please read carefully.

MANAGEMENT COMPANY: Creative Projects Management Inc. (dba: Hot Tub Heaven Vacation Cabins)

RENTER: You (the person reading this), the credit card holder and any party in association with you, including anyone occupying or visiting the PREMISES during your occupancy.

PREMISES: The properties named Hot Tub Heaven Vacation Cabin  #1, #2, #3, #4, #5, #6, #7, #8 and #9.

CHARGE AUTHORIZATION:
I authorize my credit card to be charged and understand that charges will appear on my credit card statement under Hot Tub Heaven Vacation Cabins.

CANCELLATION POLICY:
RENTER may cancel or change the dates of their reservation up to 30 days prior to your arrival. RENTER’S deposit would be refunded, less a 10% cancellation fee. If RENTER cancels within 30 days of arrival, or changes the dates of their reservation within 30 days they will not receive any refund. No exceptions.

INCLEMENT WEATHER POLICY:
Please know, to reach the PREMISES you will have to drive on gravel roads that are not MANAGEMENT COMPANY or State maintained. Be aware that weather conditions and road conditions can change quickly and drastically on the mountain. In the winter, tire cables or tire chains may be required to reach the PREMISES in the case of snow covered roads. (Tire cables are sold at most auto part stores or super centers). It will be the RENTER’S responsibility to get to and from the PREMISES in adverse weather or driving conditions. RENTER deciding to travel in adverse weather or driving conditions do so at their own risk. MANAGEMENT COMPANY does not give refunds for bad weather. Whether RENTER has to call to say they cannot get out of their hometown because of bad weather or if MANAGEMENT COMPANY has to call RENTER and tell them that the mountain on which the PREMISES are located is too dangerous to travel on. RENTER will be issued a credit voucher for the total payment to be used towards the cost of a future stay. No exceptions.

RENTER AGREES TO:
RENTER will comply with all local, state, and federal laws applicable to the PROPERTY including, but not limited to, the laws banning open air fires, banning ATV use and noise ordinances on Blue Mountain.

RENTER understands that the mountain on which PREMISES are located is a community. RENTER agrees to keep the noise down at night understanding that if it is late neighbors will be sleeping and that neighbors are to be respected. If RENTER violates noise ordinances it is likely that either MANAGEMENT COMPANY will be notified by other members of the Blue Mountain community or the police called.

The RENTER must be at least twenty-one years of age and assumes responsibility and liability for any and all Guests and/or any minor(s) occupying the PREMISES during RENTER’S occupancy. RENTER will: conserve water and electric; leave the PREMISES in the same order as found; and use a calling card for all long distance calls. Any charges placed on the PREMISES’ phone bill will be charged to RENTER’S credit card. Local calls to Front Royal and Linden are free.

RENTER agrees to return keys to lockbox on the front door upon departure – if key is not left in the lockbox RENTER will be charged a key replacement fee of $25.

RENTER is expected to leave at the designated check-out time (check-out is 10am at Hot Tub Heaven Vacation Cabins #1, #2 and #3; and is 11am at Hot Tub Heaven Vacations Cabins #4,  #5, #6, #7, #8 and #9). If the RENTER stays beyond their check-out time they may be charged a $50 expedited cleaning fee for the time the MANAGEMENT COMPANY will have lost time to clean the Cabin before the next guests check-in.

RENTER is not to exceed the maximum number of people for sleeping accommodations provided. If excessive clean up is required or repair is needed for damage done to the PREMISES during RENTER’S occupancy, then additional charges or actual cost will be levied against the RENTER and charged to the RENTER’S credit card. Such determination will be reasonable and made at the discretion of the MANAGEMENT COMPANY.

MANAGEMENT COMPANY reserves the right to refuse any renter or not honor a reservation for good reason.

MANAGEMENT COMPANY will make reasonable efforts to provide amenities (such as satellite TV, hot tub, etc.) in good working order and, if needed, repair them during the RENTER’S occupancy upon adequate notice from RENTER. Given the nature and difficulty of some repairs, RENTER understands that MANAGEMENT COMPANY can make no guarantees that all amenities will be working during the entire occupancy, and that the RENTER will not be entitled to any refund or discount if they are not.

Be aware that the weather conditions can change drastically on the mountain. It will be your responsibility to get to and from the PREMISES in case of snow or bad weather. MANAGEMENT COMPANY does not give refunds or discounts due to bad weather for circumstances other than what is described in the ‘Inclement Weather Policy’ above. The PREMISES is located on a mountain. Please know, to reach the PREMISES you will have to drive on gravel roads that are not MANAGEMENT COMPANY or State maintained.

LIABILITY AND INDEMNIFICATION AGREEMENT: RENTER (you, the credit card holder, and any party in association with you, including anyone occupying or visiting the PREMISES during your occupancy) assumes full responsibility for themselves, their family, including minor children, for bodily injury, death, loss of personal property, and any expenses as a result of the RENTER’S negligence, negligence of RENTER’S family, or negligence of the MANAGEMENT COMPANY. RENTER acknowledges and understands that no warranty, either expressed or implied, is made by the MANAGEMENT COMPANY as to the condition of the PREMISES. RENTER acknowledges that certain activities on rural property have unknown hazards and risks that can result in injury to the person doing these activities. The many possibilities and sources of injury or damage are acknowledged by the RENTER and the RENTER occupies the PREMISES with full knowledge that hazards and risks exist. The RENTER agrees to indemnify and hold harmless MANAGEMENT COMPANY, their agents and employees from all claims, damages, losses, injuries and expenses arising out of or resulting from RENTER’S stay at a Hot Tub Heaven Vacation Cabins. RENTER further agrees to release, acquit and covenant not to sue MANAGEMENT COMPANY, their agents and employees for all actions, causes or actions, claims or damages, damages in law or remedies in equity of whatever kind, including negligence of MANAGEMENT COMPANY or RENTER’S family, RENTER’S self or heirs, against MANAGEMENT COMPANY arising from RENTER’S stay at Hot Tub Heaven Vacation Cabins. In short, RENTER cannot sue Creative Projects Management Inc. (dba: Hot Tub Heaven Vacation Cabins) known as MANAGEMENT COMPANY or PREMISES title holder. Any conflict arising out of this rental agreement will be subject to private mediation. If the parties cannot agree on which agency shall administer the mediation, MANAGEMENT COMPANY’S choice shall govern.

ACKNOWLEDGEMENT OF HOT TUB LIABILITY

Hot Tub Heaven Vacation Cabins –  HOT TUB POLICY:

Hot Tub: ONLY REGISTERED GUESTS MAY USE PRIVATE HOT TUB ASSOCIATED WITH CABIN. Please shower before use and do not put oils, lotions or any fragrance in the tub, as it will clog the filter and make the water dirty and cloudy. Please close lid when not in use. Please try to use your towels more than one time. Please do not add water to the tub. Please note that the hot tub is not a swimming pool or a babysitter. We strongly recommend that children under the age of ten not enter the hot tub. If children are allowed in hot tub, they must be monitored by an adult at all times and we strongly encourage limiting their use to 20 minutes. Additionally, using the hot tub as a swimming pool causes water to splash out of the tub onto electrical components as well as decreasing the water in the tub. This causes costly damage to the tubs. Should this or any type of damage occur during your use of the hot tub, the tub will be closed, no refunds given, and any further costs incurred will be billed accordingly. Additionally, we reserve the right to add a $100 cleaning charge to the reserved cardholder for excessive cleaning or breaking of policy if necessary.

In consideration for the utilization of the HOT TUBS provided by Hot Tub Heaven Vacation Cabins, we, understand and agree as follows:

• To the best of my knowledge, I am physically sound and have medical approval by my doctor to participate in physical exercise activities of the type normally engaged in a voluntary health & fitness facility and for usage of a hot-tub.
• I understand and agree that I am responsible for learning how to use the equipment properly and safely. Should instruction be offered, I hold myself responsible for any potential injuries that may occur.
• I understand that by ordering the use of the hot tub, I am assuming financial responsibility of the tub for any and all usage, breakage, and/or abuse of the policies during my stay. This could include an additional cleaning charge and/or water replacement fee of $100 and any/all additional fees for extraordinary maintenance and/or repair incurred by Hot Tub Heaven Vacation Cabins in order to restore the tub after my stay.
• I understand that Hot Tub Heaven Vacation Cabins reserves the right to change or cancel the continued availability of HOT TUBs without prior notice to me for issues related to care, maintenance, and/or safety. No lease, license or bailment is created by my use of the HOT TUB.
• Hot Tub Heaven Vacation Cabins is not liable for any loss or damage to my property arising out of my usage of the HOT TUB.
• I agree to refrain from using equipment that I determine to be defective or in need maintenance or repair. Should any equipment be in a state of disrepair, I will alert maintenance in lieu of using said equipment.
• I understand that a risk of injury and/or illness is present when engaging in or utilizing HOT TUBS and I assume all responsibilities and risk of participation in this program. I understand that failure to follow listed policies may increase those risks and incur charges to my CC on file related to any breakage, abuse of equipment, and/or abuse and negligence of the policies given and signed upon check-in.

PET AGREEMENT: (if applicable)
RENTER has been granted permission by the MANAGEMENT COMPANY to keep pet(s) specified under the following terms and conditions: a) that the pet(s) will be allowed out of the PREMISES only under the complete control of a responsible human companion and on a handheld leash or in a pet carrier and no pet will be left tied up outdoors; b) that any damage to the exterior or interior of the PREMISES, grounds, flooring, walls, trim, finish, carpeting, appliances, or any stains, etc., caused by the pet(s) will be the full financial responsibility of the RENTER and that the RENTER agrees to pay all costs involved in the restoration to its original condition. If because of any such stains, etc., said damage is such that it cannot be removed, then RENTER hereby agrees to pay the full expense of replacement; c) RENTER also agrees that they will provide adequate veterinary care if needed, as well as ample food and water, and will not leave pet unattended for any undue length of time. RENTER will diligently maintain the cleanliness of pet sleeping and feeding areas; d) RENTER will prevent pets from engaging in behaviors or creating excessive noise at a level that disturbs neighbors, including, but not limited to, barking, jumping, and running; e) that, if there is reasonable cause to believe an emergency situation exist with respect to the pet(s), and if efforts to contact the RENTER are unsuccessful, the MANAGEMENT COMPANY may contact the local animal control authority and may enter the PREMISES. Examples of an emergency situation include suspected abuse, abandonment, fire or other disaster, or any prolonged disturbance. If it becomes necessary for the pet(s) to be boarded, any and all costs incurred will be the sole responsibility of the RENTER; f) that the RENTER agree to indemnify, hold harmless, and defend MANAGEMENT COMPANY against all liability, judgments, expenses (including attorney’s fees), or claims by third parties for any injury to any person or damage to property of any kind whatsoever caused by the RENTER’S pet(s); g) the MANAGEMENT COMPANY and RENTER agree to negotiate in private mediation. If the parties cannot agree on which agency shall administer the mediation, MANAGEMENT COMPANY’S choice shall govern.