Vacation Rental Agreement
Terms & Conditions
Guest: This Vacation Rental Agreement (this “Agreement”) constitutes a valid and enforceable contract between the renter, the renter’s family, and any guests of the renter (collectively, the “Guest”) and Enterprises by Thomas, Inc dba/Smith Lake Rentals (“Agent”). Please read this Agreement thoroughly. It is the responsibility of the Guest to be familiar with all policies within this agreement.
Reservations: Reservations must be made by an adult 25 years of age or older (“Responsible Party”), and the Responsible Party commits to be on the property during the stay. Reservations are not considered “guaranteed” until the initial payment is made and Agent has a signed rental lease agreement. Reservations less than 60 days in advance must be paid in full.
To confirm a reservation, a non-refundable payment of at least $200 is required and a completed rental agreement. The balance is required 45 days before arrival. If paying by credit card, the remaining balance is charged to the card on file at approximately 45 days prior to arrival. Alternative arrangements must be made if FULL payment is not made 45 days prior to the arrival date or your reservation will be treated as a cancellation. Please reach out to the office if multiple credit cards are required.
Accepted Forms of Payment: We accept cash, a manual check, echecks, or VISA/MasterCard.
Cancellation: If circumstances require that you cancel a confirmed reservation, notify us as soon as possible. Notification should be in writing (or email) by the same person who made the reservation. You must cancel your reservation for any monies to be returned. If you cancel more than 60 days in advance you will receive a full refund less any credit card fees. If you cancel less than 60 days before your arrival date, 100% of the total rental fee is forfeited. We will make every effort to re-lease the property. If the house is re-leased, you will receive credit for the prorated rent. Since cancellations may lead to lost revenue for the owner of the property, we must strictly adhere to this policy. We strongly recommend Travel Protection Insurance.
Some of the properties are for sale and if sold can cause this reservation to be cancelled by Agent. In addition, if the property OWNER takes the house off the rental program, then this reservation can be cancelled by the Agent. Agent will work with Guest to schedule into another property. Agent does not guarantee that another property is available and may result in Guest having to cancel or reschedule the visit.
Damage Deposit Waiver: Guests purchase a Damage Deposit Waiver and it is non-refundable. The Damage Deposit Waiver ONLY covers unintentional damages to the property that are disclosed to Smith Lake Rentals prior to check-out. The waiver will pay a maximum of $1,200.00. If charges exceed $1,200.00 the overage can be charged to the credit card on file or, if no credit card is used, is the responsibility of the Guest. Additional details on the Damage Deposit Waiver are provided in Schedule C. Pet Issues are not covered by the Damage Deposit Waiver. Guest is responsible for all persons entering onto the property, including Guest’s family, invited guests or any other person(s).
Upon your arrival, Guest should inspect the property and report any items which could be considered damage. To do this, call 800.769.0757 ext 3. This ensures your party is not blamed for damage which occurred by prior guests. Examples of this are broken chairs, spots on the carpet, spots on beds, etc.
Arrival: Unless other arrangements are made, please do not arrive before 3:00 P.M. on your arrival date. If you arrive early the property may not be cleaned. Please let us know of any problems immediately when you arrive. Before you arrive, you must be paid in full.
Departure: Unless other arrangements are made, departure time is 10:00 A.M. on your departure date. Please do not call the emergency number to request a late checkout. Late Departures must be scheduled in advance through the Smith Lake Rentals office. Please see departure checklist and fees for failure to complete on Schedule B.
Force Majeure: Neither Agent nor the owner of the property shall be liable for events beyond their control which may interfere with Guest’s occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, inclement weather, or loss of utilities. NO REBATE OR REFUND will be offered in these circumstances.
Additional House Rules: In additional to any posted house rules, you agree to abide by the house rules attached as Schedule A.
Repairs and Service Calls: We hope that all deficiencies are taken care of prior to your arrival, however deficiencies can still occur. Should you have a problem, please report it to us at 800.769.0757 Ext 2 (emergencies) or Ext 3 (non-emergencies) as soon as it is discovered, any time night or day. Please leave a message if you get a voice recording. We will make every reasonable effort to correct the problem in a timely manner. However, deficiencies such as appliance or other malfunctions, cleaning problems, lake levels, or utility problems do not justify a refund. IF there is an Internet/WIFI and/or Cable/Satellite service at the property, these amenities are NOT guaranteed even if advertised on website. We will take reasonable actions to restore service but no refund will be issued if we are unable to restore the service.
Entrance/Compliance/Repairs: Upon reasonable notice, Agent, or its agents or employees, has the right to enter the Property to confirm compliance by Guest with the provisions of this Agreement and any applicable Rules and Regulations. Upon any finding of breach or default, or violation of the attached Rules and Regulations, Agent, at its sole discretion, may either (1) permit the Guest to remedy the breach, default, or violation of the Rules and Regulations within a time period specified by Agent, or (2) may immediately evict the Guest and the Guest’s party from the Property, subject to a forfeiture of any rental fees paid by Guest. If Agent chooses to permit the Guest to remedy the breach, default or violation and Guest fails to do so within the time specified by Agent, Agent retains the right to immediately evict the Guest and the Guest’s party.
Guest further agrees to make the Property available for repairs and maintenance at any reasonable time, at the sole discretion of Agent. Failure to make the premises available for repairs and/or maintenance shall be considered a default under this Agreement, and Agent shall be entitled to require Guest to immediately vacate the premises with no refund of the rental fee.
Owners: The properties are used frequently by their owners. Often the owners will leave personal items in the house and may even have a locked closet, garage, or other room. Please respect their personal property. Tampering with or breaking into these locked areas is considered trespassing and can be cause for prosecution and extra charges to remedy any damage caused.
Accidents: Agent, along with the property owners and the Agent’s staff, are not responsible for any accidents or injury, regardless of cause, occurring on or within the property.
Liability: Guest(s), expressly including any and all family or guests of Guest, hereby agree(s) to indemnify and hold harmless Agent, its employees, cleaning and maintenance contractors, and the property owner(s) from any liabilities, theft, damage, cost or expense whatsoever arising out of or in connection with Guest’s use of the rental property, including but not limited to any claim or liability for personal injury or damage or theft of property which is made, incurred or sustained by Guest(s). Guest agrees that he/she/they shall indemnify and hold harmless Agent from the actions of any family or guests of Guest.
Swim at your own risk: It is recommended that no one enter the lake, pool (if applicable), or hot tub (if applicable) alone. Guest, Guest’s family and visiting guests swim at their own risk and release and waive Agent and property owners from any liability due to injury or changes occurring to Guest, Guest’s family, and Guest’s visitors’ property or persons. Any accidents and injuries which may occur will be the Guest’s sole responsibility.
If kayaks, paddle boats, paddle boards, canoes or any other water toy is available for Guest use then Guest understands Guest, Guest’s family and visiting guests use these at their own risk and release and waive Agent and property owners from any liability due to injury or changes occurring to Guest, Guest’s family, and Guest’s visitors’ property or persons. Any accidents and injuries which may occur will be the Guest’s sole responsibility. Guest should wear the proper life vests while using the above.
If boat lifts or PWC ports are available, Guest understands Guest, Guest’s family and visiting guests use these at their own risk and release and waive Agent and property owners from any liability due to injury or changes occurring to Guest, Guest’s family, and Guest’s visitors’ property or persons. Any accidents, injuries, or damage to Guest’s property which may occur will be the Guest’s sole responsibility. It is recommend to not use the lifts or PWC ports if guest is not familiar with how to operate or dock in or on these.
Forum Selection and Choice of Law: Based upon the location of Smith Lake, and certain of the properties of Agent, in Cullman County, Alabama, Agent and Guest hereby agree that this Agreement shall be governed by the law of the State of Alabama and further agree that the Circuit Court of Winston County, Alabama shall be the sole and exclusive forum for any dispute regarding the terms of this Agreement, including any obligations of the parties hereunder or any violation of those terms. Agent and Guest hereby agree that they are subject to the jurisdiction of the Alabama courts and, specifically, the Winston County, Alabama Circuit Court, and hereby waive any objection to the jurisdiction or venue of that court.
Waiver of Jury Trial: The parties agree to waive trial by jury in any action between them arising out of, or in any way connected with, this Agreement, any other agreement between Guest and Agent, or Guest’s use or occupancy of the Property.
Forum Selection and Choice of Law: Based upon the location of Smith Lake, and certain of the properties of Agent, in Cullman County, Alabama, Agent and Guest hereby agree that this Agreement shall be governed by the law of the State of Alabama and further agree that the Circuit Court of Cullman County, Alabama shall be the sole and exclusive forum for any dispute regarding the terms of this Agreement, including any obligations of the parties hereunder or any violation of those terms. Agent and Guest hereby agree that they are subject to the jurisdiction of the Alabama courts and, specifically, the Cullman County, Alabama Circuit Court, and hereby waive any objection to the jurisdiction or venue of that court.
Waiver of Jury Trial: The parties agree to waive trial by jury in any action between them arising out of, or in any way connected with, this Agreement, any other agreement between Guest and Agent, or Guest’s use or occupancy of the Property.
Local Law and Ordinances: Guest shall abide by all local laws, ordinances, orders and regulations. Failure of Guest to abide by such laws, ordinances, orders and regulations shall subject Guest to immediate eviction, including loss of all payments, at the sole discretion of Agent.
Violation of Agreement: If Guest(s) violates any of the conditions of this Agreement, Agent may terminate this Agreement and enter premises. Upon notice of termination of this Agreement, Guest shall vacate the property immediately and forfeit all rents and deposits.
Waiver: The failure of Agent to insist upon strict compliance with any provision, condition, or covenant contained in this Agreement, or the Rules and Regulations, or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of such provision, condition, or covenant, but the same shall remain in full force and effect. Agent may only waive such provision, condition or covenant by express written agreement.
Assignment or Transfer: Guest may not transfer or assign this Agreement without the express written consent of Agent. Upon receiving consent of Agent, Guest shall , at the sole discretion of Agent, may forfeit any payments previously made. This Agreement may be transferred by Agent at Agent’s discretion. Guest understands that the Responsible Party will be at the property at all times and cannot make a reservation for others use.
Pet Policy for No Pet properties: NO PETS ARE ALLOWED inside or outside unless specifically specified and you have paid additional nighty pet fees and pet cleaning fee. Pets are not allowed at the rental homes or on the properties. Guest may not bring pets onto the property nor inside the property. Guest understands that this is a strict policy and there is a non-negotiable pet fine and pet fees. Unauthorized pets will result in a flat charge of $500.00 + pet fees + any extraordinary cleaning charges and Guest is authorizing Agent to charge any Guest credit card on file for these charges. In addition, Guest may be asked to leave with no refund. Guest is responsible for charges to clean and deodorize the house or replace damaged items/furniture. If Guest disputes the credit card charge and Smith Lake Rentals receives a chargeback, Guest agrees to pay the attorney fees of Smith Lake Rentals and an additional $1000 dispute fee over and above the fees paid above.
Please understand that Guest bringing their pets to the properties can cause serious health issues for owners or other guests not expecting pets to have been at the house and it compromises the relationship and trust between Smith Lake Rentals and the property owners. This is why Smith Lake Rentals takes this so seriously!
Consent: I have read, understand, and agree to abide by these rules. I understand that violating these rules may result in eviction with no refund. I understand that if I leave early for any reason I am not entitled to a refund. Unless preauthorized, I understand neither I nor my guests are allowed to bring pets to this property. If any guests are allergic to pets, please contact us to determine if the owner has pets they bring when visiting the property.
I understand the cost of extraordinary cleaning, garbage removal, missing items, fees for not checking out on time, pet penalties, and damages may be charged to my credit card or any of the credit cards presented for payment. I hereby authorize Smith Lake Rentals (“Agent”) to charge credit cards presented for payment.
NO PARTIES OF ANY TYPE WITHOUT PRIOR APPROVAL FROM OUR OFFICE. Breaking this is grounds for being asked to leave with no refund.
Standard House Rules
- Abide by the stated “maximum” capacity of the house. This is not a recommendation but is a firm number determined by the property owner. Going over the stated capacity is grounds for eviction or additional charges.
- Tents, campers or motor homes are not permitted.
- Bed linens are provided for all “beds” required to accommodate the “Sleeps in Beds” number. “Sleeps in Beds” used 1 occupant for a twin or single, and 2 occupants for a double, queen or king. The difference between “Max Occupancy” and “Sleeps in Beds” will sleep on fold out couches, floor mats, inflatable mattresses, or futons and the bed linens are NOT necessarily provided for these. You will need to bring pillows, sleeping bags, sheets and blankets to for anything other than the beds detailed.
- House parties/gatherings for weddings, proms, graduations, or any other reason are not allowed without prior consent from Smith Lake Rentals and are cause for immediate eviction with no refund. THE PERSON SIGNING THE AGREEMENT WILL BE LIABLE FOR DAMAGES AND MAY BE LIABLE FOR PROSECUTION. Any use other than family vacation must be addressed at the time of the reservation. Any deviation from this requires written approval from Smith Lake Rentals. Unauthorized events will result in a charge of up to $5000.
- While you are renting the property, you are responsible for missing items or damage caused by yourself, your family, or your guests. Any resulting expenses will be charged in addition to the rental fee.
- Quiet time is designated from 10:00 p.m. to 9:00 am. Please respect the rights of your neighbors to enjoy their homes as well. Noise that would disturb neighbors should not be permitted.
- Smoking in the house is NOT allowed. When smoking outside, properly dispose of your cigarette butts and DO NOT dispose of them in the yard. You will be responsible for all charges to clean and deodorize the house. Your deposit will be automatically forfeited in addition to cleaning/deodorizing charges. Damages also include picking up cigarette butts out of the yard or landscaping.
- Unless specifically specified and paid for, there are no pets allowed at the rental homes or on the properties. Unauthorized pets WILL result in charge (see Schedule B). You may be asked to leave with no refund. You will be responsible for charges to clean and deodorize the house or replace damaged items/furniture.
- Parking: Unless specifically designated, no parking in the street or in the yard. Parking is only permitted in the driveway or designated areas.
- Fireworks are not permitted in or near houses, docks, lawns, or in the street.
- Firearms are not permitted.
- Toilets: Most homes are on a septic tank system. Do not flush anything other than toilet paper or human waste. Do not flush “FLUSHABLE” anything, sanitary products, oils, grease, paper towels or other items that may cause damage to the system as this will very possibly result in having to depart the home.
- Please do not sit, stand, or lean body weight on countertops.
- The Owners use their homes frequently. We ask that you respect their belongings. Use a coaster when placing beverages on furniture. Please do not put shoes or dirty feet on furniture, pillows, or ottomans. Do not sit on furniture (except metal patio furniture) with wet swimsuits or hang wet swimsuits on furniture. Please don’t place wet towels on furniture.
- Please do not re-arrange or move the furniture.
- Please conserve utilities as you do in your own home.
- PLEASE DO NOT GO ON TO THE NEIGHBOR’S DOCK. This is trespassing.
- Place trash in designated receptacles and make sure it is near the street. Trash is only picked up once a week in most locations on the lake. If there is not ample room in the garbage can for the trash bags, please contact our office, DO NOT leave the trash bags out beside the house or road. There will be additional charges for trash pickup that is not left in proper garbage receptacles.
SCHEDULE B – Departure Checklist and Additional Charges
Before you leave the below are required. The penalties for not doing so are in parentheses to the far right.
- Wash all dishes and put up or load AND run the dishwasher ($25 min)
- Bag and take all trash to the appropriate location as noted in the House book. If you feel there is not adequate space for the trash then call us and we will address.
- Strip all beds slept in and leave the sheets on the bed
- Return all furniture or mats to original locations
- Turn off all fans and lights, including the decks and dock
- Secure all chairs, tables, canoes, etc. on the dock
- Close and lock all windows
- Close and lock all doors
- Return key to lockbox ($100 for key not returned to lockbox)
Additional Charges Schedule
Below are the items causing additional charges and the amounts charged for each:
Unauthorized pets on property: $500 fine + pet fees + any extraordinary cleaning + pet damage
Costs for exceeding maximum occupancy, having a wedding, after prom party or fraternity gathering: $100/person/night and possible eviction
Lost keys: $100
Trash left in house: $25/bag
Trash Cans not taken to designated area on trash pickup day: $100 flat charge
Extraordinary Cleaning: $25/hour/cleaner that it takes the crew to complete
Unscheduled Late Departure: $100/extra hour (1 hour minimum)
Cost to return items left on property: $75 plus $.50 per mile to retrieve plus postage to mail back an item.
Cost of any pay-per-views ordered (do not do this!): Cost of Pay Per View plus $25 service charge
Damage Deposit Waiver
As a Guest of Smith Lake Rentals (“AGENT”) under this plan you will not be obligated to pay for accidental damage to covered real or personal property of the owner of the property under contract by the Guest.
The maximum limit of this waiver of liability is $1,200 aggregate per stay.
The Damage Deposit Waiver Program has certain conditions. The plan will not include liability for damage, theft or lost items resulting from:
- Acts of God (e.g., chairs, tables, etc. blown off the dock during a storm. These must be secured by the Guest.)
- Intentional Acts of a Guest.
- Gross negligence or willful and wanton conduct;
- Any cause, if the Guest does not report the damage to Agent staff in writing by the time the Guest checks out of the property;
- Normal wear and tear;
- Theft without a valid police report;
- Damage caused by any pet or other animal brought onto the premises by a Guest;
- This plan does not cover loss of use of the covered property;
- Coverage does not apply for theft or damage to any property owned by or brought onto the premises by a Guest;
- Property Damage resulting from any motorized vehicle or watercraft operated by a Guest.
- Damage caused by exceeding the maximum occupancy of the property.
- “Guest” – all registered guests and all persons booked to share the same unit of accommodations.
- “AGENT” – Smith Lake Rentals is the Agent
- “Stay” – the stay at a Smith Lake Rentals property, from the date of a Guest’s check-in until the date and time of check-out.
All waivers of theft or damage will be administered by Agents staff or contractors. Such staff will have the sole authority to determine the nature and extent of damages, necessary repairs and eligibility for the waiver of liability described herein. The Guest must report any theft or damage to the property or its contents to Agent staff by the time of check-out or any otherwise applicable damage waiver for such Guest will be void. The Agent has ultimate claim administration authority. Arbitration is required prior to litigation.
TERM OF COVERAGE
- The plan takes effect upon check-in time on the booked arrival date to a Agent property.
- All coverage shall terminate upon normal check-out time of the Smith Lake Rentals property or the departure of the Guest, whichever occurs first.
IMPORTANT NOTE: Violation of any condition of the terms of the Vacation Rental Agreement voids the Damage Deposit Waiver program and the Guest will be held responsible for any damage to the unit.
Agent provides the Damage Deposit Waiver program. Agent is obligated to make the repairs or replacements required under this Waiver Program.
PET POLICY ADDENDUM (ONLY FOR PET-FRIENDLY PROPERTIES)
Guests with dogs are asked to please respect the comfort and safety of other guests, both during and after your stay. For this reason, we ask that you please follow these guidelines during your time with us:
- Guest to pay additional pet fee (per pet, per night) and additional cleaning fee.
- Clean up after your dog, both in public areas and in the yard of your rental property.
- Do not allow your dog to bark excessively or to roam onto neighboring properties. Many of our homes are located near residential neighborhoods, and we must respect the comfort and privacy of those residents. Complaints may lead to eviction without refund. This will be at the sole discretion of Smith Lake Rentals.
- Do not allow dogs on furniture or beds. It is also helpful to bring something (bed, blanket, crate, etc.) on which you know your pet will be comfortable sleeping. Many pets are used to being allowed on furniture and beds at their own home, but this is not allowed in our rental properties. Please, bring any kennel or special bedding your pet may enjoy with this is mind. Extra cleaning fees will be charged for furniture, blankets, comforters, etc. that have pet hair left behind. This may include professional steam cleaning; usually resulting in charges above $200.
- Groom your dog prior to their stay in the cottage, particularly if it is a breed prone to shedding. Pet hair can be difficult to remove, and the next renter in your property may not have a pet. Extra cleaning fees will be charged for furniture, blankets, comforters, etc. that have pet hair left behind.
- Don’t leave your dog unattended for long periods of time. A crate is ideal for those situations in which you must leave. You are responsible for any damages your pet causes.
- Do your best to clean and dry your dog after a walk; this will help to ensure that no additional cleaning fee is necessary due to pet related messes (ie: paw prints and mud on carpet)
- Do not allow dogs in swimming pools or hot tubs or bathe your dog in the property’s bathroom. Several local groomers offer pet bathing services and we would be happy to help you coordinate an appointment with one!
- Ensure that your dog’s medications and immunizations are up-to-date prior to your stay, especially flea treatment.
- All pets to be treated with a flea and tick control, like Frontline or Advantage, 3 days before arrival. This is as much for the well-being of your pet as it is for the property. Many of the Smith Lake properties are located in nature-centric and warm areas where pests thrive. We have all of the pests that live in wooded areas and you want your pet protected.
The Guest shall be solely responsible for the pet while on the property.