Availability

Lessee agrees to abide by the following House Rules:

• Review the Guest Welcome Guide in its entirety

• No parties or events
• Only registered guests are allowed and the number of Guests staying in the cabin or in the cabin must not exceed the number registered in the reservation
• Do not use the premises for any illegal activity
• No smoking or vaping at any time
• No shoes inside the cabins please
• No exception to check-in and check-out times unless discussed with the host in advance
• Turn lights off when away
• No pets are allowed without Lessor approval and payment of our pet fee
• No hunting or discharging of any firearm
• No candle burning inside the cabins
• Do not move or rearrange furniture as this may result in damage
• Please always keep cover on Hot Tub when not in use and always comply with Hot Tub operating and safety instructions
• Only Duraflame logs are to be used in indoor fireplace at 626 Ashley Drive. Nothing else is to ever be placed in any of the indoor fireplaces including marshmallows. Please no indoor fires in summer months with the Air Conditioner running.
• Please do not touch the outdoor propane tanks
• Always place trash into tall kitchen trash bags before placing in street-side cans
• Quiet time after 11:00 pm
• Check out time is 10:00 am

ELESTAY RENTAL AGREEMENT

Almost Heaven Ellijay LLC dba Elestay

626 Ashley Drive; Ellijay, GA 30540;  770-271-2772

email:  [email protected]

Almost Heaven Ellijay LLC dba Elestay, of 801 Industrial Blvd, Num 889, Ellijay, GA 30540 (hereinafter called the Lessors) will agree to lease to a specified Lessee The Rainbow Lodge located at 626 Ashley Drive; Ellijay, GA 30540 to TBD (hereinafter called the Lessees).  The parties agree that rental payments shall be made to Almost Heaven Ellijay LLC dba Elestay as the Lessor for a lease period specified- TBD.

The parties further covenant and agree that:

1. The Lessees will not re‐let nor sublet the whole or any part of said premises nor assign this lease, nor use nor permit any part of the premises to be used for any other purpose than a residential property without the written consent of the Lessors under penalty of forfeiture of this lease.
2. The Lessors or Agent may enter the premises at reasonable hours of the daytime to examine the same or to make such repairs or alterations therein as necessary for the preservation thereof after proper notification of this intent to Lessees.
3. The Lessees will keep the said premises in as good repair as the same are at the beginning of this Lease (wear and tear arising from a reasonable use of the same, and damage by the elements occurring without any fault or neglect of the Lessees excepted) and at the expiration of said term to yield up the peaceable possession thereof to the Lessors, or their Agent. The Lessees specifically agree to assume financial responsibility for any damages or loss to the structure and/or furnishings, property amenities (e.g, Hot tub, fire pit), and landscaping, as applicable when caused by Lessee negligence.  Costs of repair or replacement will be billed as an extra, if necessary.
4. The Lessees agree that during the term of this Lease they will observe and conform to all Community and County Ordinances and Regulations regarding fire hazards and outdoor fires and specifically that they will not kindle nor permit any outdoor rubbish fires on the premises. FIREWORKS ARE NOT ALLOWED ON THE PROPERTY.
5. The Lessors warrant that the plumbing, heating, lighting systems, screens, and all appliances are in good working condition, and cost of repairs to any of these items will be borne by the Lessors, providing that such necessary repairs are not the fault of nor caused by negligence of the Lessees, in which event such costs or repairs will be borne by the Lessees.
6. If premises should be destroyed or become uninhabitable prior to Lessees taking possession, any and all funds already received by Lessors are to be returned to Lessees.
7. The Lessors agree to pay the cost of utilities such as water, electricity, propane gas, and rubbish collection, where these are involved, during the Lease period. The Lessors agree to provide linens and towels.
8. Lessees are responsible for cleaning and laundry during period of lease. Lessors will lease premises in neat and orderly condition. Lessees are responsible for cleaning and/or replacement or repair of household effects and premises that are unusually soiled or damaged at termination of Lease period to satisfaction of Lessors or Agent.
9. Payment is made using a credit card or a cash transfer service such as Zelle or Venmo, except in special cases as agreed to by the Lessors. A $500 security deposit will be collected.

• 50% of the total lease/rental amount, plus 50% of the $500 refundable security deposit is due as deposit with signing of lease at the time of booking plus applicable sales and lodging taxes
• Balance of all rental amounts, including applicable sales and lodging tax, is due thirty (30) days prior to arrival.

11. The Lessor hereby agrees that up until 30 days prior to the commencement date of the lease period, the Lessee will receive a full refund of any payments made should they cancel for any reason. Within 30 days of the commencement date of this lease, 50% of the amount paid shall be retained by the Lessors. Within 7 days of the commencement date of this lease, 100% of the amount paid shall be retained by the Lessors.

• If a reservation is made within 30 days of the commencement date of this lease and at least 14 days before commencement, then Lessee will have 48 hours from the time of booking to cancel the lease and receive a full refund. If the reservation is made within 14 days of commencement, then there will be no refund.

12. Check-in time is after 4pm on the first day of the reservation; check out time is before 10am on the last day of the reservation. No early check in times and no late check out times are permitted without prior Lessor consent and payment of the appropriate fee.
13. All the covenants and agreements herein contained shall be for the benefit of and shall apply to and bind the said parties hereto, their respective heirs, executors, administrators, successors and assigns.
14. The maximum number of cars allowed at the Property at any one time is 3. Parking exceeding this limit must be approved by Lessor and if not may result in immediate eviction and forfeiture of all amounts paid.
15. Tenant and their guests shall not disturb, annoy, endanger (fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes.
16. Smoking is strictly forbidden inside the Property. Smoking is only allowed “outside”. Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Tenant as Excess Damage Cost and will be charged against the credit card on file or Tenant’s security deposit at Lessor’s election.
17. Tenant may cook only in the specific areas set aside by Lessor for cooking. No open fires are allowed other than in the grill and outdoor fireplaces. All fires must be thoroughly extinguished before leaving unattended.
18. The property will be inspected and cleaned after departure. The rental fee includes laundry service for the towels and linens. Tenant is required to leave the property in the same general condition that it was received in by making sure that the dishes are being washed, and the house is generally picked up and ready to be vacuumed, dusted and laundered.
19. Tenant acknowledges, and is fully aware that the hot tub can be dangerous and slippery. Injury can be caused by careless acts. The Tenant and their visitors accepts and assumes all risks involved in or related to the use of the hot tub.
20. The following may be available from time to time on the property and grounds: all boating activities (kayaking, canoeing and the like), fishing, biking, hiking and various lawn games. Any other recreational activities that occur on the premises will be permitted according to the discretion of the Lessor. The Tenant and their visitors accepts and assumes all risks involved in or related to any of these activities. The river located behind the cabins can be dangerous and The Tenant and their visitors must be aware of this and enter the river only at their own risk.

Regarding any bunk beds if present in the cabin, please follow all the guidelines below if you are planning on utilizing the upper bunk beds.

• Keep bunk beds placed in the corners of the room so that there are walls on two sides. DO NOT MOVE BUNK BEDS from their positions.
• Never allow children under 6 years of age to sleep in the upper bunks.
• Emphasize to children that they should always use the ladder and not other furniture to climb into or out of the bunk bed.
• Instruct all children that bunk beds are not to be roughhoused on at any time.
• If any are present, please remove dangerous objects from around the bed.
• Never hang belts, scarves or ropes from the bunkbed, as these items could strangle a child. Please note that any use of the upper bunk beds is done so at your own risk. ALWAYS use caution and make certain that your children also always know to use caution.

CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.

INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Lessor from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Lessor may suffer or incur in connection with Tenant’s possession, use or misuse of the Premises, except Lessor’s act or negligence.

DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Lessor is obtained and proof of adequate insurance protection is provided by Tenant to Lessor.

CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Tenant, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Tenant. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Tenant and Lessor based on the following: No refund is due (or will be made) for inclement weather.

NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing via email or forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.

LESSOR:

                Almost Heaven Ellijay LLC
                801 Industrial Blvd, Num 889
                Ellijay, Georgia 30540
                [email protected]

TENANT:

                TBD

GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Georgia.

ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.

BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

CAUSE FOR EVICTION. The Tenant and all parties with the Tenant will be subject to immediate eviction from the Property if the Tenant or parties of the Tenant violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Tenant shall forfeit all amounts paid and there will be no refund of money.

ATTORNEY’S FEES AND COSTS. If Lessor employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Tenant, or because Tenant takes any action to recover deposits not due, Tenant shall be liable to Lessor for reasonable attorney’s fees and costs incurred by Lessor.

ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement.

The following applies to any Lessee who is requesting to include a dog or dogs with their reservation-

We allow one dog that is 50 pounds or less and is at least 2 years old. We require a Vet Certificate confirming this information and that the dog’s vaccinations are current along with a photo of the dog. We will provide a Dog Form for completion upon acceptance of any booking. Note that there are certain breeds that we may deny at our sole discretion.

Please know that we will provide the following:

1. Both a food and water bowl
2. A kennel cage
3. A doggie towel to wipe dirty dogs/paws before re-entering the cabin after walks or trips outside
4. Poop bags
5. A welcome treat
6. Pet stain and odor remover

Below are our Dog Rules:

1. No more than 1 dog is allowed without our prior approval
2. Must be 2 years or older and weigh 50 pounds or less
3. Must be kept on a leash at all times when outside
4. All poop must be bagged and properly disposed of in an outside trash can
5. Must always be wiped clean with the provided dog towels before being brought back inside the cabin
6. Is never allowed on the furniture or in the beds
7. Must be placed and left in the provided kennel cage at all times when unattended
8. Any accidents, must be thoroughly cleaned up immediately with the Pet Stain and Odor Remover provided under the Kitchen Sink