*Reservation holder must be 25+*
*No additional guests*
*No smoking indoors or on decks (outdoor fire pit area available for smoking)*
*No tampering with Wifi or Cameras*
*No Locals*
*No 3rd party bookings*
*Quiet Hours begin at 9:30pm*
*No Parties*
*No Pets*
*No discounts*

Rental Agreement:

This Short Term Rental Agreement (the “Agreement”) is made by and between Blue Mist Hideaway and GUEST, (“Guest”) as of the electronic acceptance date of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

1. Property. The property is located in Gatlinburg, TN (specific address to be provided 48 hours prior to check in for security purposes). The property is furnished and includes household appliances, furnishings, decorations, artwork, linens, towels, kitchenwares, audio/video equipment and personal property.

Owner reserves the right to cancel Guest due to unforeseen emergency maintenance, in which case the Guest will be notified immediately.

2. Rental Party/Maximum Occupancy: The rental party shall be limited to the number listed on the rental reservation. The maximum number of guests is limited to 8 persons, unless a specific written exemption has been made by Owner. An additional charge of $100 minimum per person/per night for guests in addition to above guests will be assessed including day visitors.

At all times during said rental period, Guest agrees to have no more than the allowed number of guests for occupancy, (including children). If more than the stated number of guests are found to be occupying the unit, without prior written permission, Owner has the right to terminate this contract and Guest will forfeit all monies paid, including rent, cleaning, and deposits.

3. Term of the Lease. The rental period begins at 4pm on the date listed in the reservation and will end at 10am, on the check out date. Check in time is 4pm and check out time is 10am. Early check-in and early check-out can be requested and may be approved, if available, for a $25 per instance fee. Guests who do not fully exit the property by 10am on check out date, will be assessed a $100 late check out fee.

4. Rental Rules: Guest agrees to abide by the Rental Rules attached as Addendum A and to abide by the Rules in the Confirmation Email provided upon booking, at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property. Should Guest violate these rules, Owner reserves the right to cancel this rental immediately with no refund due to Guest.

5. Noise: Guest understands and agrees that they, and all members of their rental party will be respectful to our neighbors, including, driving slowly on the road to the property, not creating any noise (including music) which the neighbors can hear, beginning nightly at 9:30pm. Any violation of this rental agreement and Guest will be required to leave immediately, with no refund for any unused rental time.

6. Access: Guest shall allow Homeowner access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.

7. Rental Rate and Fees: The rental rate shall be as stated on the rental form, with additional guests permitted by prior written permission, at a rate of $100/night per extra person. All taxes, insurance fees, security deposit and cleaning fees must be paid in full at time of booking and are non-refundable.

8. Security Deposit: Guest shall deposit shown in listing as a security deposit for any damages to the property. Said security deposit shall be returned to Guest within 7 days of departure, less any deductions for damages. Guest hereby assumes all liability for reimbursement to Owner for any damages caused by Guest and their party within 5 (five) business days of receipt of invoice from Owner.

9. Condition of Property: Guest shall return the premises in the same condition as received. As a part of the rental agreement, Guest will pay a $175 cleaning fee which includes normal “turn” cleaning. Guest agrees they will be responsible for excessive additional cleaning if needed, and hereby agrees to have excessive cleaning deducted from their security deposit, at Owner’s sole discretion. Guest also agrees to leave the property in good condition with all items, furniture, etc in the same place as where they found them upon move in.

10. Cancellation Policy: Guests are advised that any deposits or payments made are subject to applicable cancellation fees noted and agreed upon at time of booking.

Rental Insurance (as detailed in #11 below) is recommended.

11. Travel and Vacation Rental Insurance: Life is unpredictable, therefore, we encourage all guests to purchase travel insurance. If purchased by you, this insurance may reimburse you for prepaid non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. This may include but is not limited to sudden illness, death in the family, or property unavailability due to Force Majeure. It is strongly recommended that Guest purchase this valuable protection. Many companies provide policies for travel protection. Blue Mist Hideaway is not a licensed insurance agent and cannot legally offer information on detailed terms of coverage.

Owner is not responsible for the relocation of Guest should the house become non-habitable due to acts of God, such as wildfire, floods, tornadoes, earthquakes and natural disasters, and Owner is not liable for the costs of finding an alternative accommodation or for damages because alternative accommodation cannot be found. We recommend the purchase of trip insurance that would protect Guest from monetary loss from such an event.

12. No Assignment, Subletting or Third-Party Bookings allowed. Guest acknowledges that they will personally occupy the property for the entire lease or rental period and will not sublet any portion of the property. Violation of these terms shall give Owner the right to immediately evict Guest and terminate this Agreement, and Guest will forfeit any right of return of any monies paid to date including any security deposit.

13. Indemnification: Guest agrees to indemnify Owner and Owner’s Agent and save Owner and Owner’s Agent from and against any and all claims, actions, damages, liabilities and expenses, including reasonable attorney’s fees in connection with the loss of life, personal injury and/or damage to the property arising from or out of any occurrence in, upon, or about the premises, occasioned by an act or omission by Owner, Owner’s Agent, Guest or other occupants.

OWNER and OWNER’S AGENT SHALL HAVE NO LIABILITY FOR DAMAGES OR INJURY to Guest or Guests: It is expressly understood and agreed that Owner and Owner’s Agent will not be liable for any damages or injury to Guest or other occupants and their property from whatever cause arising from the occupancy of said premises, both inside and outside of the house, whether on the property or elsewhere.

THE SUPERVISION AND SAFETY OF ALL CHILDREN ARE THE DIRECT RESPONSIBILITY OF GUEST OR PARENTS, OR CARETAKERS OF ANY CHILDREN ON THE PREMISES, including but not limited to decks, fire pit, stairs, blinds, wood burning stove, stove, loft access, driveaway and any and all other activities on the premises.

Guest specifically accepts ALL liability for use of loft, bunk beds and hot tub on the property and understands that Owner and Owner’s Agent shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said loft area, bunk beds or hot tub. Guest accepts said liability by voluntary use of said loft area, bunk beds and hot tub.

14. Entire Agreement: This document and any attached addenda constitute the entire agreement between the parties. No oral statements shall be binding. This Agreement may only be amended by a written document duly executed by all parties. It is the intention of the parties that if any portion of this Agreement is invalid for any reason, such invalidity shall not void the remainder of the Rental Agreement.

15. Disputes and Jurisdictions: This agreement shall be interpreted under the laws of the State of Tennessee. Any dispute under this Agreement shall be resolved in Sevier County, State of Tennessee. All disputes, controversies or claims arising out of or relating to this contract shall be submitted to mediation or arbitration in Sevier County. If either party brings an Action to enforce its rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party.

16. GUEST ACKNOWLEDGES THAT THEY HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS AGREEMENT and the Rules and Regulations attached, and agree to be bound by them.

17. Guest and Owner acknowledge that electronic acceptance of this Agreement is legally binding acceptance of all terms and conditions, the same as if Guest had actually executed the Agreement in person.

ACKNOWLEDGEMENT of AGREEMENT On this day, the parties agree to the terms of this Short Term Rental Agreement, as evidenced by their electronic acceptance of this Agreement.

Accepted by Guest once reservation is confirmed and confirmation email has been sent.

Accepted by Blue Mist Hideaway - LC

ADDENDUM A RENTAL RULES By making a reservation at Blue Mist Hideaway, Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in the Guidebook or on the property.

1. Guest is renting a cabin which always has risk of injury, accident or death. Guest warrants that:

a) All children will be attended when in and outside of the cabin, but specifically on the deck, near or in the hot tub, near the firepit, near the wood burning stove, stove/oven and on all stairs. Guests under 18 are not allowed in hot tub.

b) No one will jump or ski off deck, all flames will be extinguished and never left unattended, garage door will be shut immediately when not in use, hot tub cover will be closed and locked into place unless in use.

2. The Guest understands and agrees that the Owner and/or Owner’s Agent of Blue Mist Hideaway are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. Guest specifically indemnifies and holds the Owner and Owner’s Agent harmless from any liability. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. If all guests on this reservation do not personally sign this waiver of liability, then the primary renter accepts liability for all guests and hereby waives any Owner or Owner Agent liability on their behalf. This rental agreement is considered active and binding upon reservation confirmation.

3. Owner and/or Owner’s Agent are not responsible for the loss of personal belongings or valuables of the guest.

4. Access to the property will be available at 4pm on check-in date. Guest will be given a unique code for the keyless entry. The code will be provided to you approximately 48 hours prior to check in and will become active at 4pm on the date of arrival. Code will become inactive at 10am on the date of checkout.

5. People other than those in the Guest party set forth in the Rental Agreement may not visit stay overnight in the property. The property shall not be used for gatherings of any kind for anyone other than registered Guests (i.e. parties, dinner parties, weddings, etc.) without advance express written permission of the Owner.

6. Guest promises to keep the property and all furnishings in good order and to leave the property in the same (or better) condition than when it was rented. If items are damaged, it is Guest’s responsibility to notify owner right away and agrees to assumption of financial responsibility.

Guests must immediately alert owner to any issues regarding maintenance, request for repair service, or otherwise. Owner will not compensate or refund for any issues not reported within 3 hours. Guest must also allow owner and/or repairman/technician access to the property to remedy the issue after owner has been notified. If guest stays after issue is remedied or addressed, there will be no further remuneration or refund. If guest is unresponsive, owner will assume issue is remedied, and there will be no further action required.

Owner will, under no circumstance, provide monetary compensation for or an alternate Airbnb or hotel stay.

7. Guest promises to only use appliances and amenities of the vacation rental for their intended uses.

8. The Guidebook to Blue Mist Hideaway: This information will be available sent digitally prior to your stay. This guide contains information about Blue Mist Hideaway, the area, and tips to help you enjoy your stay.

9. Children: Blue Mist Hideaway is family friendly and welcomes well-behaved children who are respectful of the property. Parents hereby agree to supervise their children both indoors and outdoors, especially in and around the hot tub, and in the bunk bed and near any fire. Guests under 18 are not allowed in the hot tub.

10. Housekeeping: Linens and bath towels are included in the rental rate. A washer/dryer are provided for Guest’s use. Mid-stay trash service can be arranged for a $40 fee, if requested in advance by the Guest. Towels should be left in shower on the lower level and beds should be stripped. Please load any dirty dishes into the dishwasher and start the cycle prior to exiting the property.

11. Wood Burning Stove: Please read the guidelines in the Blue Mist Hideaway Guidebook on how to use the wood burning stove properly PRIOR to use. This stove will get HOT so take precautions to keep children away from it when lit or when it is hot. Wood Burning is available for use October through March only and will be locked otherwise.

12. Septic: It is very important that guests DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time. Please use only the toilet tissue that is provided in the starter set up or purchase septic safe toilet paper. If there is a clog in the septic system, Guest will be charged damages accordingly.

13. Hot Tub: Guest understands that a hot tub is available on the property for their private use. Guest assumes any and all liability from use of said hot tub. Guest is aware that consuming alcoholic beverages while in the hot tub increases the alcoholic effect of the alcohol. Guest will keep the hot tub closed and cover locked when not in use, and will supervise any children when using the hot tub. By using the hot tub, Guest agrees to assume all liability from said use and hereby indemnifies Owner. It is necessary to shower prior to entry to remove bacteria, lotions, oils. This will protect the life of the hot tub as well as ensure the water is kept clean throughout your stay. Guest also agrees that unforeseen circumstances can arise making the use of the hot tub unavailable and no refund will be issued due to unavailability of use.

14. Weather: Blue Mist Hideaway is located in a semi-mountainous area which experiences heavy rainfall, wind, snow and ice. Owner highly recommends four wheel drive and/or chains during the winter months, and cannot refund anything due to road conditions. Travel insurance is recommended.

15. Pets: No pets are permitted at Blue Mist Hideaway at any time, not even visiting pets, inside or outside.

16. Smoking/Vaping: Smoking of any kind, including vaping, is NOT allowed in the property or on any decks. Smoking is permitted ONLY near firepit area and should be extinguished with water and disposed of properly. Please do not leave cigarette butts on ground, in firepit or dispose of indoors. A cleaning fee of $250 will be assessed should any smoke smell of any kind.

17. Alcoholic Beverages & Drugs: Guest agrees that there will be no illegal activities on the premises, including but not limited to: possession, serving or consumption of alcoholic beverages by anyone under the age of 21; or the possession or use of any illegal drugs. Additionally, Guest accepts full responsibility and liability and hereby indemnifies Owner and/or Owner’s agents for anything that happens in reference to Guest and/or Guest’s party partaking of any alcoholic beverages or drugs on the property.

18. Fireworks: Fireworks are not permitted at any time. Guests will be asked to vacate immediately with no refund.

By making a reservation at Blue Mist Hideaway, Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in or on the property.