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Laughing Bear Lodge:   Rental & Waiver Agreement

This Agreement is entered into between Lodge Renter (“Renter”) and Laughing Bear Lodge LLC (“LBL”) for purpose of Renter using Laughing Bear Lodge and its included property (the “Lodge”) located in Epworth Georgia on Fightingtown Creek.  The undersigned (individually and collectively, “Renter”) agrees to comply with the rules, dates, times and all related guidelines contained within this agreement.  Renter understands that any noncompliance could result in additional charges for damages, charges for additional hours/days the Lodge & premises is occupied, early termination of and eviction from the premises, and/or other damages for default on this agreement.   Without limiting the foregoing, Renter agrees that any default under this agreement may result in a forfeiture of the rental time period and of all rental fees (including security deposit) in addition to any other remedies LBLs may have in law or equity.  Renter understands that he/she is responsible for all actions, damages of all members of Renter’s Group as well as guests and invitees during the Rental Period.   For purposes of this Agreement, the term “Renter’s Group” shall refer to any individual, including children and the Renter, who will be on the premises.  Renter warrants that all information represented by Renter within this agreement is accurate.   Renter must comply with all parts listed within the LBL Financial Agreement including number of overnight guests, number of visiting day guests, check-in / check-out dates & times, payments, payment dates, special notes, etc.

Number of people attending during your visit cannot exceed number YOU have listed on contract without prior approval; extra fees will be assessed.

Additional Terms:

• Payment of Rental Balance.  The “Total Rental Amount” must be received in full by LaughingBearLodge at least 6 weeks in advance of Check-In Date or the Reservation will be forfeited.  In order to receive the incorporated discounts built into Lodge pricing, the “Total Rental Amount” except the initial reservation deposit must be paid with personal check or money order.  Credit Cards should only be used towards the initial “Reservation Deposit”.   In the event of Renter’s cancellation, Renter waives any right to a refund of the Reservation Deposit if within 6 months of check in date.  Driving directions and check-in instructions will be sent to Renter once Total Rental Amount is received.  There will be a $35.00 fee for returned checks.  Laughing Bear Lodge reserves the right to cancel this agreement for any reason but no later than 30 days prior to Renter’s check-in date.  Upon such cancellation, Laughing Bear Lodge will refund to Renter all monies paid to LBL.
• Cancellation.  Upon cancellation of reservation by Renter at any time, for any reason, there will be no refund of Reservation Deposit if within 6 months of check in date.  In addition, upon any cancellation by Renter within 6 weeks of check-in date, there shall be No refund of any monies whatsoever (except Security Deposit).
• Security Deposit*.   Renter will be responsible for damage done to the property beyond normal wear and tear during rental term, including, without limitation, any damage caused by members of Renter’s group, Renter’s guests or Renter’s invitees.  Security deposit checks will be issued by the 5th of the month following Renter’s check-out date.  Provided that the check-out instructions have been followed and there has been no breakage or damage to the premises and/or its contents and that no excessive cleaning costs are required; your security deposit will be returned in full.   Also, Renter shall be fully liable for any damage in excess of that covered by security deposit amount.
• 10 pm noise ordinance enforced.
• Outside vendors.  Any outside vendors must be pre-approved BEFORE the remaining balance due is paid.
• No Hunting.   ON or FROM our property.
• No Pets.   Pets not allowed on premises.
• Cleaning Fee.   Renter agrees to pay cleaning fee and comply with Laughing Bear Lodge check-in / check-out instructions.  Renter will be responsible for any excess cleaning required because of non-compliance with such instructions, or as a result of any excessive garbage, litter, laundry, dirtiness anywhere on premises.
• Early Departure; Force Majeure.  There will be no refunds of rental amounts or other compensation given if Renter checks out early, or for Weather Conditions, Power Outages, failure of Appliances or other conditions beyond the reasonable control of LBL.
• Water Tubes and Life Jackets.   Renter will be liable for loss of these items beyond the normal wear and tear of a river tube; holes are expected.  Additional charges may apply.  All occupants of the water equipment provided or persons entering the premise’s rivers or streams must wear life jackets and must be able to swim.  All items referenced above may not be used by children under the age of 18 without adult supervision (who can swim).   All items above cannot be used by person(s) who are intoxicated.  Use of any of the items referenced above will be at the risk of Renter(s), Renter’s Group members, guests or invitees.  Renters enter water at their own risk.
• Check-In/Check-Out/Keys/Security Precautions.  Check-In Time is 4:00pm. Renter may occupy premises at any time thereafter.  Check-Out Time is 10 AM.  Renter must vacate the premises no later than 10 AM on the day after the last night of rental.   Early check in and check out consideration only given to minimum 3+ night rentals.  Renter must follow the instructions set forth in the “Check Out Instructions” list which will be sent to Renter following receipt of the Total Rental Amount.  Renter is responsible for Lodge Keys, Gate Locks, Lock Box and any like facilities or equipment. Lodge doors must be locked when the Lodge is vacant – during or after rental period.
• Alcoholic Beverages.  for guests under the legal age of 21 are NOT allowed. Should a member of Renter’s Group, or a Renter guest or invitee be arrested for underage drinking, LBL may terminate the rental period and the Total Rental Amount shall be forfeited.  Illegal drug use is strictly prohibited.  Kegs are not permitted on the premises.
• Smoking.   There is NO SMOKING allowed inside any buildings at Lodge.  Cigarette butts and related trash shall be disposed of properly in trash receptacles.  Do not throw cigarette butts anywhere on the premises.
• Firearms.   No discharge of firearms, fireworks, explosives or other incendiary/explosive items is allowed on premises.
• Vehicles.   NO RV’s or ATV’s are allowed on the premises.  Vehicles can be driven onto premises and parked only on gravel driveway.  Vehicles cannot be driven or parked on any other area of the premises without prior written approval.
• Furnishings and Equipment.  Furniture, utensils, lighting, televisions or other property supplied by LBL shall not be removed from the premises.  Renter shall not rearrange any furniture inside or outside the cabin.  Loss of any of these items will be charged to Renter.  Renter shall notify LBL of any non-functioning equipment or damage to the premises, including, but not limited to, broken windows or doors.
• Trash.   No littering is allowed on the premises.  All trash must be in plastic bags which are tied properly and fit inside the trash cans provided by LBL and the trash lids must be firmly closed or the trash removed by Renter (see check out instructions). Renter is responsible for properly disposing of any excess trash or garbage.
• Right of Entry.  Renter(s) agrees that LBL reserves the right to enter the premises at any time to investigate disturbances, check occupancy, check for damage or make repairs to damaged or non-functioning equipment.
• Eviction.   A material violation of the terms of this Agreement by Renter, or anyone for whom Renter is responsible, which, in LBL’s sole determination, results in damage to the premises, personal injury, a breach of the peace, a nuisance to others or a violation of criminal law or local code shall be grounds for the termination of Renter’s tenancy, the immediate eviction of Renter’s Group and forfeiture of the Total Rental Amount and the security deposit.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.  Any dispute or action related to this Agreement shall be instituted and prosecuted only in Fannin County, Georgia.  Renter expressly consents to personal jurisdiction in such County and to extraterritorial service or process.

By accepting, Renter agrees to all terms and conditions herein, and, by reference, to all terms, conditions, guidelines, pricing within the LBL Financial Agreement.

WAIVER AND INDEMNIFICATION

Renter hereby agrees to indemnify and hold harmless LBL against any and all claims, damages, losses, liabilities, thefts, costs or expenses, of whatever kind, which LBL may incur and which arise from or are related to Renter(s)’ or any member of the Renter’s Group’s, or to Renter’s guests’ or invitees’ use and occupancy of the premises or the premises equipment (including, without limitation, as a result or in connection with use of LBL’s , water equipment, furniture or improvements, including, but not limited to, claims or liability for personal injury, death or property damage.  Renter further agree that LBL shall not be liable to Renter(s) or any member of the Renter’s Group, or to Renter’s guests or invitees for any personal injuries (including, without limitation, death) or any damages to or loss of goods or property, regardless of who such injuries, damages or losses were caused or sustained, and whether or not the same were reasonably foreseeable.  Renter agrees to take full responsibility, compliance and liability for all people within his party, including all overnight guests and visitors of any duration of time. The undersigned Renter warrants that he/she/they have received, read, and understood this agreement.