Terms & Conditions / Liability Waiver
Terms & Conditions
By booking this reservation Tenant agrees to the following terms & conditions1. Rental Term: Check-in is 4pm. Check-out is 10:00 a.m. The property may be available for early check-in and/or late check-out for an additional fee. All late Check-outs are subject to a fee at the discretion of the property owner. Early departure refunds are not allowed.
2. Occupancy Limit: Occupancy may not exceed what is posted for each home. Maximum occupancy includes infants and children. Any party falsely representing the number of people in the home or exceeding the maximum may be subject to immediate eviction without refund. There will be no weddings or events which produce larger crowds than maximum capacity regardless of the length of time they are anticipated to occupy the property. These activities are subject to eviction.
3. Parking Limit: Parking on the street is restricted. See specific parking instructions for individual properties.
4. Check-in/Check-out: Check-in is at 4:00 pm on the day of arrival and Check-out is 10:00 am. on the day of departure. Requests for early check-in or late check-outs will only be granted with the approval of the management for a fee. Unauthorized extended stay fees will be charged $150.00.
5. Rental Payments & Fees: 50% of total payment is due at the time of booking. The balance is due 30 days prior to stay. Nightly Rental Rate, Tax, Cleaning Fee, Linen Fee, Damage Protection Fee, Trip Interruption Insurance (optional), Early/Late Check-in or Check-out Fee (optional)
6. Cancellation: In the event of a cancellation by Tenant, Tenant shall receive a refund of all payments made by Tenant, less an administrative fee of $50.00 as set forth below:
Reservations cancelled up to 30 days before arrival will receive 100% refund (less $50.00 cancellation fee).
Reservations cancelled between 15-30 days before arrival will receive a 50% refund (less $50.00 cancellation fee).
Reservations cancelled within 15 days of arrival are non-refundable (less $50.00 cancellation fee).
7. Damage Repair & Missing Items: A Damage Protection Fee is required for all reservations. Lake Gaston Vacation Rentals will charge $89.00 for unintentional damage up to $1,500.00 and any unintentional damage, theft, unauthorized pets, extensive cleaning required at check-out, smoking, exceeding occupancy or parking limits, and any other charges/policies in Manager’s Rental Policies and Rental Agreement including any fines imposed on Manager by the City, County, State or Home Owner Association as the result of violation of any law, ordinance, rule or regulation or any fines or cost levied against Tenant or visitors of Tenant (“Excess Damage Costs”), to the Rental Property and its contents. Tenant will be notified of any Excess Damage Costs in writing. Tenant, by signing below the Damage Protection Agreement, assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Tenant's or Tenant’s visitors part, except in the case of normal wear-and tear reported to Manager within 48 hours of Check-in.
8. Liability & Damage: Tenant agrees to defend, indemnify and hold Manager harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including Tenant, additional invitees or visitors of Tenant, where such injury, death or damage is caused by a negligent or intentional act of Tenant, additional tenant or any of Tenant’s visitors or invitees.
9. 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 Manager based on the following: No refund is due (or will be made) for inclement weather. It is recommended that Travel or Vacation Insurance is be obtained by Tenant. Tenant and parties listed above must comply with any mandatory evacuation order.
10. Cleaning: The property will be inspected and cleaned after departure. The cleaning fee does not include laundry service for the towels and linens. Linen fee is a separate charge. Tenant is required to leave the property in the same general condition that it was received in by making sure that the dishes are washed and put away, and the house is generally picked up and ready to be vacuumed, dusted and laundered. Any trash left on the premises will result in a charge.
11. Repairs & Maintenance: Repair and maintenance problems must be brought to Manager's attention within 24 hours of occupancy or occurrence, or Tenant will be held liable for all such damages or repairs. Appliance malfunctions or service requests will be responded to as quickly as possible. There will be no rebates or refunds issued to Tenant for any reason as every good faith effort is made to insure the property is maintained to highest standards. Manager will not be responsible for any unauthorized expenses incurred by Tenant or his/her tenants. Costs of needless or unauthorized service will be charged as Excess Damage Cost.
12. All Rentals are for Responsible Adults Only: Tenant must be at least 25 years of age at time of reservation. No high school, college or civic groups, chaperoned or not, are permitted. Violation is grounds for immediate eviction. Tenant acknowledges that they will personally occupy the property for the entire term and will not sublet any portion of property. Tenant agrees that the property shall not be used for any illegal or unlawful purpose. Tenant acknowledges that there will be no possession or use of any illegal controlled substances, firearms, or hazardous items on the property grounds. Tenant agrees that no parties, weddings or family reunions will be held at the property. Activities participated in by Tenant: Tenant acknowledges and is fully aware that watersports and boat related operations can be dangerous. Injury can be caused by careless acts. The undersigned Tenant and their visitors accepts and assumes all risks involved in or related to the use of a boat, as well as with any other activities participated in while on the premises, including but not limited to: all boating activities (sailing, kayaking, canoeing and the like), fishing, biking, hiking and various lawn games, etc.
13. Pets: Pets are not allowed in or on the Property. Evidence of pets will result in a charge.
14. Smoking: Smoking is strictly forbidden on the Property. Evidence of smoking will result in immediate eviction and forfeiture of all amounts paid. Any evidence of smoking will result in a charge.
15. Noise Ordinance(s): The Property may be in a neighborhood that has a "noise ordinance" in effect after dark. All Tenants agree to respect the Noise Ordinance and to use common sense in keeping noise volume low after dark. Any police enforcement actions by the City, County or
Home/Condominium Association are at the sole risk and expense of the registered Tenant and may result in Excess Damage Cost and/or immediate eviction and forfeiture of all amounts paid.
16. Access to Property: Tenant agrees to allow Agent to access the property to monitor maximum capacity, reports of noise violations, or assess damages and or repairs to property. If Property is placed on the market for sale, Tenant agrees to allow the Property to be shown to prospective buyer(s) upon reasonable notice to Tenant. Property may be shown to prospective future tenants in the same manner and upon such notice.
17. Cause of 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.
18. Attorney’s Fees & Cost: If Manager 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 Manager for reasonable attorney's fees and costs incurred by Manager.
19. Short-term Rental: It is expressly understood and agreed that this is a short-term vacation rental and is not a lease or other long-term residential tenancy agreement. This Agreement is only for the licensed use of the Property for the stated Term. It creates no property rights in Tenant and no rights to renewal or for recurring usage. This Agreement is also neither a Time-Share sale or a Plan of Time-Share Development, nor a Vacation Club.
20. Falsified Reservation: Any reservation obtained under false pretense will be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and such party will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid.
21. Succession/Assignment: This Agreement is binding on, and the benefits inure to, the heirs and personal representatives of the parties. This Agreement or any rights hereunder, may not be assigned (in whole or in part) by Tenant.
General Terms: This Agreement is made in, and shall be governed solely by the laws of, the State of Virginia and/or North Carolina Statutes. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap or familial status. Tenant is to be mindful that this Property is in a residential neighborhood. Tenant is expected to be courteous to residents and other tenants, to be respectful of the rights of others, and to peacefully enjoy the property so as not to be a disturbance to others.
Liability Waiver & AgreementBy booking this reservation Tenant agrees to the following Liability Waiver & Agreement:
Tenant acknowledges and Tenant understands that any activity in or around water is hazardous and may result in serious injury, perhaps even death. By booking this reservation, Tenant acknowledges that Tenant has read this liability waiver and agreement and that Tenant is waiving any claim as set forth herein for Tenant and those minor children for whom Tenant is guardian or acting in loco parentis. In consideration of being permitted to access the water from this property and in consideration of being permitted the use of kayaks, canoes, paddleboards, pedal boats, water mats or any other water toys, Tenant hereby releases, waives, discharges and covenants not to take legal action against Burleson Industries, LLC dba Lake Gaston Vacation Rentals, their employees, officers, directors, managers and representatives, any homeowner of the home where Tenant temporarily resides, for any liabilities or injuries to, the minor children for whom Tenant is guardian or acting in loco parentis, and my and their personal representatives, assigns, heirs and next of kin from any and all loss or damage including personal injury and/or death and any claims or demands therefore on account of injury whether caused by negligence of those being released herein or otherwise while I or those in my charge are in or upon the property, the parking lot, dock, steps leading to the dock and all property owned by those herein being released. Tenant hereby agrees to fully assume the risk and full responsibility of bodily injury, death, or property damage due to the negligence of those being released herein and assume the risk on behalf of those for whom I am guardian and/or acting in loco parentis while in or upon the property of those being released herein. Tenant acknowledges and agrees that there are inherent risks of serious bodily injury and/ or death and the purpose of this liability waiver and agreement is to be as broad and inclusive as permitted by the law of the states of North Carolina and Virginia and that if any portion hereof be held invalid, Tenant does expressly agree that the balance shall notwithstanding, continue in full legal force and effect. Tenant further agrees to the irrevocable and unrestricted right to use and publish photographs of me and those minors in my charge, or in which I may be included, for editorial trade, advertising, and any other purpose and in any manner and medium.
Tenant has also read the additional house rules for the home in which Tenant, tenant's family, guests, and any associates known, or unknown which may be invited and covenant to follow those rules and explain them to all within my universe of activities while at the property. Tenant further agrees to follow instructions of Lake Gaston Vacation Rental's employees who may spontaneously modify any agreed upon rules for reasons of health or welfare.
Tenant voluntarily agrees to this Liability Waiver and Agreement on behalf of Tenant and all minors for whom Tenant is guardian and/or acting in loco parentis. By default, all minors on the property fall within the scope of loco parentis.
Furthermore, Tenant understands that Tenant is completely and totally responsible for any damage, discoloration, staining, scuffs, dents, etc. to any boathouse, dock structure or watercraft, in use is not covered by the Damage Fee and that Tenant will reimburse the owners for the repair or mitigation of any damage incurred under Tenant's supervision, including any damage to the dock, slip, lifts or associated facilities necessary for the entrance and egress of the water. Tenant understands that Tenant is completely and totally responsible for the use of, including but not limited to, where applicable, hot tub, whirlpool, sauna, pool, elevator herein after called special feature, if so equipped. The Tenant understands there are special risks that may be involved in using the special feature. In particular, but without limitation, the Tenant understands that there are potential risks that the special features may present dangers to children who are not carefully supervised, as well as the danger of any person using the special features for too long a time, has health problems, or is intoxicated or using any kind of drugs or medication, or uses the special feature if pregnant. The Tenant agrees to explain the risks of using the special feature to any guests he or she may have at the unit and to be fully and solely responsible for any accidents his guests may incur. The Tenant understands the risks discussed above and agrees that he will assume all responsibility for himself and his guests for the consequences of those risks. Tenant agrees to waive any claim whatsoever against Burleson Industries, LLC dba Lake Gaston Vacation Rentals, their employees, officers, directors, managers and representatives, any homeowner of the home where Tenant temporarily resides, for accidents or claims arising from use of special feature. The Tenant agrees to indemnify Burleson Industries, LLC dba Lake Gaston Vacation Rentals, their employees, officers, directors, managers, and representatives, for any claims made by Tenant’s guests arising from Tenant’s guest’s use of the special feature. The Tenant also understands and agrees that he is responsible and liable and will pay any homeowner of the home where Tenant temporarily resides, upon request for any damages that occur to the special feature and its support equipment through his or his guest’s misuse and/or negligence, for example, where applicable, but not limited to, damaging a hot tub cover and/or pool liner, or allowing the water level to become too low, or causing water overflow inside the unit, damaging an elevator as a result of improper use, etc. Tenant further certifies that all occupants of this house will read this waiver in its entirety and that they are in complete agreement with the intent of its purpose, as though they were the principal party in this transaction.