fbpx

Elestay Luxury Vacation Rentals

Elestay Luxury Vacation Rentals

Elestay Luxury Vacation Rentals

Booking 626

Thank You for Booking with US!

House Rules, Terms and Conditions, Cancellation, Pet Policy, and Damage Protection.

Please click on and review our House Rules, Terms and Conditions, Cancellation Policy, if applicable Pet Policy, and Damage Protection.

Lessee agrees to abide by the following House Rules:

  • No parties or events
  • Review the Guest Welcome Guide in its entirety
  • 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. 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.
  • $500 is due as deposit with signing of lease at the time of booking
  • Balance of all rental amounts, including applicable sales and lodging tax, is due thirty (30) days prior to arrival.
  1. 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.
  1. 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.
  2. 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.
  3. 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.
  4. Tenant and their guests shall not disturb, annoy, endanger (fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.

– Cancellations made up to 30 days before check-in receive a full refund.
– Cancellations between 30 and 7 days before check-in qualify for a 50% refund.
– No refunds are available for cancellations within 7 days of check-in.

For bookings made within 30 days of check-in:
For reservations made at least 14 days before check-in:
– Full refunds within 48 hours of booking 
– 50% refund between 30 and 7 days before check-in.
– No refunds for bookings made within 14 days of check-in.

In the event of non-refundable cancellations, we offer a potential refund:
– If we successfully rebook the property during the cancelled period, we’ll refund your payment, less a $50 service charge, for the amount received from the replacement reservation up to the amount of the original reservation .

If you’re looking to bring a larger group or visit us with another family renting more than one cabin for a stay, please note that a fee of $250 per cabin will apply. This helps cover the increased wear and tear, as well as the added effort required to shift inventory like dishes, linens, and towels back to their original cabins.

Additionally:
Pet Fees: If any Guests plan to bring a dog to any of the cabins, please select Want to Bring a Dog for all cabins, as a pet fee will be applied to all cabins in your reservation.
Optional Upgrades: Any upgrades or add-ons—such as Unlimited Firewood—should be selected for all cabins in the booking.

We strive to maintain our cabins in top shape to ensure every guest has a fantastic experience, and these policies help us achieve that. Thank you for your understanding!

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
Exceptions to the number of dogs, age, weight, and breed may be made at the Lessors sole discretion but must be approved at the time of booking.
 
The following breeds or mixed breeds of this origin are NEVER allowed: Doberman Pinscher, Pit bull, Rottweiler, Chow Chow, Wolf dogs and wolf hybrids, Presa Canario (Canary dog), Akita. Additional breeds may be restricted at our sole discretion.

Kindly do your best to make sure there is no pet damage during your visit. Please note that any damage or violations of these rules may result in additional charges or the required removal of the dog from the property.

Waivo® Damage Waiver
By you having purchased a Waivo® Damage Waiver (“Waiver”) the following terms and conditions are now part of Your vacation rental agreement.
I. AGREEMENT
A. On behalf of Almost Heaven Ellijay, LLC, dba Elestay the party authorized to rent the vacation rental property and the owner of the vacation rental property, Waivo has assumed the responsibility for damages as outlined below up to $1,500 US Dollars, the Waiver limit purchased by or for You, the renter, for your stay at the vacation rental property.
B. Waivo is hereby responsible for direct damage to real or personal property of the vacation rental property as a result of Your acts or omissions. Waivo will pay the lesser of the cost of repairs or the cost to replace the property up to $1,500 US Dollars. This Waiver does not negate your responsibilities as a renter for items outside of Waivo’s responsibilities.
C. This is not an agreement to provide insurance.
II. EXCLUSIONS
A. This Waiver will not pay for theft, or damages resulting from:
1. Acts of God
2. Prior damage or normal wear and tear
3. Loss of use of the vacation rental property
4. Rodent, termite, infestation, or wild animal
5. Damage to a motorized vehicle
6. Fine art, collectibles, or sets of items
7. Excessive cleaning for rental stay that exceed 32 consecutive days
B. This Waiver will not pay for damage or theft of property owned by You.
C. This Waiver will not pay for costs associated with odor, debris removal, backups of sewers and drains, landscaping, marring, maintenance, or mechanical breakdown.
III. CONDITIONS
A. Waivo has the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the Waiver.
B. Waivo reserves the right to determine if damage is eligible for reimbursement at actual cash value.
C. This Waiver will pay for excessive cleaning, as a direct result of damage, over and above the normal cleaning fee. An irreparable stain or spillage is considered damage.
D. This Waiver is only effective for a one-time single continuous stay, for which You purchased the Waiver. It takes effect when You occupy the vacation rental property and terminates when You depart the same vacation rental property. This Waiver expires after 32 days of a one-time continuous stay. Additional Waivers may be purchased for extended continuous stays.
E. This Waiver is only effective if damage is reported to Waivo by You, the property manager, the online travel agent or the owner of the vacation rental property within 14 days of Your departure from the vacation rental property or the expiration of the Waiver (32 days).
F. Waivo will not respond to damage under $50 US Dollars.
G. If there is a dispute related to these terms, mediation is required before any party may file litigation. In the event of litigation, all parties waive the right to a jury trial.
IV. DEFINITIONS
You, or Your, is the renter of the vacation rental property and includes the renter’s spouse, children and any other person You invited on to the vacation rental property during your stay.

The Rainbow Lodge

Available
Booked
Checkin
Checkout
December 2024
MTWTFSS
1
2
3
4
5193$
6214$
December 7, 2024We do not accept Checkins or Outs on Saturdays
7214$
8193$
9193$
10193$
11193$
12193$
13257$
December 14, 2024We do not accept Checkins or Outs on Saturdays
14257$
15251$
16251$
17251$
18251$
19251$
20439$
December 21, 2024We do not accept Checkins or Outs on Saturdays
21439$
22621$
23621$
24621$
25621$
26
27
28
29
30
31
January 2025
MTWTFSS
1
2
3
4
5
6
7193$
8193$
9193$
10246$
January 11, 2025We do not accept Checkins or Outs on Saturdays
11246$
12193$
13193$
14193$
15193$
16193$
17358$
January 18, 2025We do not accept Checkins or Outs on Saturdays
18358$
19214$
20214$
21214$
22214$
23214$
24246$
January 25, 2025We do not accept Checkins or Outs on Saturdays
25246$
26193$
27193$
28193$
29193$
30193$
31241$
February 2025
MTWTFSS
February 1, 2025We do not accept Checkins or Outs on Saturdays
1241$
2219$
3219$
4219$
5219$
6219$
7305$
February 8, 2025We do not accept Checkins or Outs on Saturdays
8305$
9225$
10225$
11225$
12225$
13225$
14385$
February 15, 2025We do not accept Checkins or Outs on Saturdays
15385$
16273$
17273$
18273$
19273$
20273$
21316$
February 22, 2025We do not accept Checkins or Outs on Saturdays
22316$
23209$
24209$
25209$
26209$
27209$
28289$

Please Choose Dates Above

Book 7 Nights or More Save 5%, Book 14 Nights and Save 10%! Excluding Holiday Weeks.

Guest Information

Booking Information

Our base rate is for 4 Guests, each Guest above 4 is $15/night/guest. This allows us to offer a lower rate for smaller groups..
If renting more than one cabin for a larger group, this option must be selected. This includes Guests planning to vacation together renting more than 1 Elestay property.
If bringing a dog, you must complete our Dog Form within 48 hours of reservation confirmation. A link will be sent after booking. Typically, we allow one dog (2+ years, under 50 lbs), with some breeds restricted. Note if renting multiple cabins, please select Want to Bring a Dog on each reservation.
We provide ~ 10 starter logs for the firepit free of charge. Please select this option if you want unlimited firewood for on-premise use for $15 per day. Note if renting multiple cabins, please select Unlimited Firewood on each reservation.
Please select a date first.
If the booking date is more than 30 days before arrival, an initial deposit of $500 will be due at time of booking with the balance due 30 days prior to arrival.
If the booking date is within 30 days of arrival, then the full cost of the reservation is due at the time of booking.
All bookings include-
1. $60 Resort Fee that includes gate access and UNLIMITED use of all resort amenities.
2. A $225 Cleaning and Setup Fee which includes amenities for your entire stay for things like paper towels, TP, and other essentials.
3. Damage Insurance for $39 covering up to $1,500 in damage.

Pay with your credit card using Stripe.

Jump On In

Join Our Email List






We’ll send you an occasional area update along with all of our offers and specials. We will never share your data with anyone.

Cabin Availability

Cabin Details | Book Now

Just click a photo below to visit the cabin’s page for more details or Book Now if you are ready to book.

The Farmhouse
As Low as $235/Night

Not including fees and taxes.

The Grande Lodge
As Low as $295/Night

Not including fees and taxes.

The High Life Lodge
As Low as $235/Night

Not including fees and taxes.

The Rainbow Lodge
As Low as $215/Night

Not including fees and taxes.

The Farmhouse
As Low as $235/Night

Not including fees and taxes.

The Grande Lodge
As Low as $295/Night

Not including fees and taxes.

The High Life Lodge
As Low as $235/Night

Not including fees and taxes.

The Rainbow Lodge
As Low as $215/Night

Not including fees and taxes.

Jump On In

Join Our Email List






We’ll send you an occasional area update along with all of our offers and specials. We will never share your data with anyone.

Safety and Property

Avoid surprises by looking over these important details about our property.

Must climb stairs

There is a small staircase to the front porch and main level of the cabin.

Safety considerations
Hot tub without a gate or lock
A hot tub is provided with a cover. But there is no lock on the cover. Please always use caution when using the hot tub. Children should always be supervised. Pregnant women or folks with other medical conditions should consider not entering the hot tub at any time.

Nearby river
The cabin is directly on a river with fast-moving Rapids. There’s also a small stream running down the side of the property. Caution should always be used with children, especially toddlers.

  • Any swimming is at your own risk.

Security camera
There are video cameras on outside of home for security purposes.

Smoke and carbon monoxide alarms installed

Fire extinguishers and basic first aid kits are provided

Please review all sections of our Guest Welcome Guide regarding Safety and Security.

House Rules

We put much thought and care into our homes, please treat them with care and respect.
 
Checking In and Out

Check-in after 4:00 PM
Checkout before 10:00 AM
Self check-in with smart lock

During Your Stay

  1. Guests Maximum
    1. Farmhouse 8
    2. Grande Lodge 12
    3. High Life Lodge 10
    4. The Rainbow Lodge 8
  2. Pet allowed when pre-registered
  3. No parties or events
  4. No smoking or vaping
 
Additional Rules
  1. PETS- While we do allow a pet, we only allow 1 dog that is 50 pounds or less and are 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.
    1. Please review the Guest Guide Book in its entirety
    2. Only registered guests are allowed and the number of Guests staying in the cabin must not exceed the number registered in the reservation
    3. Do not use the premises for any illegal activity
    4. No shoes inside the home please
    5. No exception to check-in and check-out times unless approved  in advance
    6. Turn lights off when away
    7. No hunting or discharging of any firearm
    8. No candle burning inside the cabin
    9. Do not move or rearrange furniture as this may result in damage
    10. Please always keep cover on Hot Tub when not in use and always comply with Hot Tub operating and safety instructions
    11. Nothing is to ever be placed in the indoor fireplace including marshmallows. Please no indoor fires in summer months with the Air Conditioner running.
    12. Always place trash into tall kitchen trash bags before placing in street-side cans
    13. Quiet time after 11:00 pm

Thank You for Booking with US!

House Rules, Terms and Conditions, and Pet Policy

Please click on and review our Rental Agreement, House Rules, and if applicable our Pet Policy.

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

536 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 Farmhouse located at 536 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.
  1. 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.
  1. 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.
  2. 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.
  3. 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.
  4. Tenant and their guests shall not disturb, annoy, endanger (fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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
Exceptions to the number of dogs, age, weight, and breed may be made at the Lessors sole discretion but must be approved at the time of booking.
 
The following breeds or mixed breeds of this origin are NEVER allowed: Doberman Pinscher, Pit bull, Rottweiler, Chow Chow, Wolf dogs and wolf hybrids, Presa Canario (Canary dog), Akita. Additional breeds may be restricted at our sole discretion.

Kindly do your best to make sure there is no pet damage during your visit. Please note that any damage or violations of these rules may result in additional charges or the required removal of the dog from the property.

By clicking “I Agree, Book Now” below, you are confirming that you have read and agree to the terms and conditions of our Rental Agreement, House Rules, and if applicable Pet Policy provided above.

Thank You for Booking with US!

House Rules, Terms and Conditions, and Pet Policy

Please click on and review our Rental Agreement, House Rules, and if applicable our Pet Policy.

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 i