Cragmont Rentals LLC Vacation Rental Lease Agreement Welcome! Your vacation reservations have been made, and we thank you for choosing Cragmont Rentals! On behalf of our staff and management team, we look forward to seeing you and hope that you have an enjoyable and memorable vacation in Western North Carolina. For questions, please contact us by email at info@cragmontrentals.com or by phone at 828-826-1585 Please Note: THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCGS §42A). THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. Terms and Conditions of Vacation Rental Lease Agreement: In consideration of the rent received and the mutual promises herein, the Owner of the subject Property, through Cragmont Rentals acting as agent, does hereby lease and rent to Tenant that certain Property described above and under the following terms and conditions: 1.) AGREEMENT: This Agreement must be signed by Tenant and returned to Cragmont Rentals within seven (7) days of receipt. Reservation is subject to cancellation if Cragmont Rentals has not received Tenant signed Agreement within seven (7) days of receipt. Please retain a signed copy for your records and return an executed copy to Cragmont Rentals by mail, fax, or email. 2.) PAYMENT OF RENTS AND ACCEPTED FORMS OF PAYMENT: No personal checks are accepted at check-in. We ask that the Tenant confirm the reservation within seven days by sending an advance rent payment and/or security deposit (if required). We encourage Tenant to pay online via e-check through the link on our website through our payment processor. The balance payment of your rent will be due at least 30 days prior to your check-in date. This balance of rent, taxes, and fees, may be paid by online as previously referenced, or by mailing of a personal check, money order or cashier’s check. We will not accept personal checks less than 30 days before your arrival. All payments must be made in US funds, and a $25.00 service charge will be applied to Tenant's balance for any returned checks. 3.) CANCELLATION: If Agent receives a notice of cancellation within 48 hours of booking for a reservation that is at least fourteen (14) days prior to the first day of the rental period, any security deposit(s) including any advance rent payments paid by Tenant shall be refunded to Tenant in full. If Agent receives a notice of cancellation more than 30 (thirty) days prior to the first day of the rental period, any security deposit(s) including any advance rent payments paid by Tenant shall be refunded to Tenant in full. If Agent receives notice of cancellation less than 30 (thirty) days prior to the first day of the rental period, but more than fourteen (14) days prior to the first day of the rental period, any security deposit(s) shall be returned in full, 50% of the total amount due shall be refunded to Tenant. If Agent receives notice of cancellation less than fourteen (14) days prior to the first day of the rental period, Tenant shall not be entitled to a refund of any security deposit(s) including any advance rent payments. Notice of cancellation must be in writing. Tenant shall not assign this Agreement or sublet the Property in whole or in part. Reservations are not transferrable to other guests. 4.) DISBURSEMENT OF RENT AND THIRD PARTY FEES: Tenant agrees that prior to the occupancy of the Property by Tenant, Agent shall be entitled to disburse Tenant's advance rental payment, less agent's commission and fees, to the Owner's individual trust account, or in such manner as the Owner shall specify, following payment. Tenant agrees that prior to Tenant’s occupancy of the Property, Agent shall be entitled to disburse any fees owed to third parties to pay of goods, services, or benefits procured by the Owner or Agent for the benefit of Tenant, including but not limited to Agent's administrative reservation fee of $50.00, which are reasonably calculated to cover the cost of processing Tenant’s reservation, transfer, or cancellation of Tenant’s vacation rental. Those funds remaining in Agent’s Trust Account after any authorized disbursements made by Agent pursuant to the preceding provisions of this item of this agreement shall remain in Agent’s trust account and may not be disbursed until the occurrence of one of the following: (a) The commencement of the tenancy, at which time the remaining funds may be disbursed in accordance with the terms of this agreement; (b) Tenant commits a material breach, at which time Agent may retain an amount sufficient to defray the actual damages suffered by the Owner as a result of the breach; (c) Agent refunds the money to Tenant; or (d) The funds in Agent’s trust account are transferred in accordance with Section 42A-19(b) of the North Carolina General Statutes upon the termination of the Owner’s interest in the Property. No funds collected for sales or occupancy taxes or Tenant’s security deposit shall be disbursed from Agent’s trust account prior to the termination of the tenancy or a material breach of this agreement by Tenant, except as a refund to Tenant. 5.) SECURITY DEPOSIT: (A) Security deposits are collected on some rental units and in some rental situations. Agent reserves the right to charge a security deposit on any reservation when deemed in Agent or Owner’s best interest. The purpose of this security deposit is to protect the Owner, Property, and contents, payments of rent, etc., as well as Tenant. Our inspector will ensure the Property is left in proper order, clean, and damage free. 2 (B) If the inspector determines the Property was not left in proper order, clean, and damage free upon check-out, any security deposit paid by Tenant may be applied to actual damages caused by Tenant as permitted under Article 6 of Chapter 42 of the North Carolina General Statutes. (C) Agent shall apply, account for, or refund Tenant’s security deposit (if any) by mailing a check to Tenant within forty-five (45) days following the end of the tenancy, with any necessary deductions noted. Any security deposit shall be administered in accordance with the North Carolina Tenant Security Deposit Act. (D) Security deposit includes applicable NC State Sales and County Occupancy taxes and will be refunded in full if not applied as mentioned above. 6.) TRUST ACCOUNT: Any advance payment to the Agent shall be deposited in Agent’s trust account in the main branch of First Bank, 300 W State Street, Black Mountain, NC 28711. This trust account is a noninterest-bearing account. 7.) TENANT’S DUTIES: (A) Tenant agrees to comply with all obligations imposed by the North Carolina Vacation Rental Act on Tenant with respect to maintenance of the Property, including, but not limited to: • Tenant shall keep the Property as clean and safe as the condition of the Property permits; • Tenant shall not cause any unsafe of unsanitary conditions in the common areas that Tenant uses; • Tenant shall notify Agent immediately of any safety issues discovered or if replacement or repair is needed to any smoke detector located on the Property which appears to be defective; • Tenant agrees not to use the Property for any activity or purpose that violates any criminal law or government regulation; and • Tenant is responsible for any and all damages to the Property from all of Tenant's guests and for ensuring maximum occupancy is not exceeded during tenancy. Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of the Tenant’s tenancy. (B) Locked Doors: Please respect Owners' locked closets and other locked doors at the Property. These are not included in your rental of the Property. Accessing any locked area not designated for Tenant's use will result in a $100.00 fee. (C) Supplies: Tenant shall supply all paper products, personal cleaning products and supplies for use during length of stay, and food. A small starter pack of consumable goods will be provided upon Tenant's arrival, which may or may not last during the length of Tenant's stay. Tenant is responsible for purchasing and supplying any additional consumable goods. (D) Quiet Hours: Quiet time is from 10:00 PM to 8:00 AM. Noise travels easily and all Tenants and guests should observe the quiet time hours to be respectful of their neighbors. Noise violations or complaints may result in immediate eviction or forfeiture of security deposit. (E) Fires and Grilling: Do not leave any fire unattended. Extinguish all fires completely when you are finished enjoying. Call 828-250-6777x1 before starting any outdoor fire; the recording is updated by 9:00 AM every morning and will provide information about potential burn-bans. You can be fined up to $25,000.00 for burning during a burn-ban. For more information, call the ________________ Fire Department at _____________. Grilling is allowed only in designated grill areas. Tenant is responsible for any damage resulting from grilling. If the grill is used during Tenant's rental term, Tenant agrees to clean the grill before checking out to ensure the next guest finds it ready for use. (F) Smoking: No smoking or vaping is allowed inside the Property. Do not leave cigarette butts inside, outside, or anywhere on the Property. Tenant’s breach of this provision shall be considered material and shall result in the termination of the Tenant’s tenancy. (G) Conserving Energy: Help us conserve energy by turning off lights if they are not being used. Turn off outdoor lights during the day. Please leave windows and doors closed if the air conditioning or heat is being used. If you would like to open windows or doors, turn off the central unit first. (H) Pets: Where pets are allowed, a pet fee is charged as displayed on our website for each respective Property. Tenant’s breach of this provision shall be considered material and shall result in the termination of the Tenant’s tenancy. To avoid eviction, please declare all pets. As a reminder, please clean up the surrounding Property before check-out and take extra care to clean up after your pet, otherwise additional check-out cleaning charges may result. Pets are not allowed in pools nor hot tubs. (I) Pools and Spas: Please check the listing or call our office for more specific information. Pool opening/closing schedules are subject to change without notice or refund. If renting a unit with a pool or pool access, Tenant agrees that Agent and Owner are released from all liability for any injuries or death resulting from Tenant's or Tenant's guests’ use of the pool. Agent does not inspect or test the pools and hot tubs for the presence of health threatening organisms. When Tenants and guests use a pool/hot tub, they assume the risk of illness from an improperly maintained pool or hot tub, and Tenant releases Agent from any liability for injury or damages resulting from the use of an improperly or inadequately maintained pool or hot tub. No alcohol, pets, nor urinating in pools or hot tubs. Children under 12 are NOT permitted in hot tubs. Proper supervision is required. (J) Lake and Lake Access Property: Some of the vacation rental properties are lake front or have lake access available to Tenants. If renting a property with lake frontage or lake access, Tenant agrees that Agent and Owner are released from all liability for any injuries or death resulting from Tenant's or Tenant's guests’ use of the lake, lake access, docks, boat houses, kayaks, paddle boards, and all lake equipment. (K) Check-in: Check-in is at 4:00 PM. Please do not arrive at the Property prior to 4:00 PM, unless previously approved by Cragmont Rentals. Arriving early could delay your check-in process as each property is inspected by Agent prior to each guest's arrival. Arriving early may delay the inspection process. (L) Check-out: Check-out is at 10:00 AM. Please be respectful of this policy as the cleaning team is scheduled to arrive promptly at 10:00 AM. Failure to vacate the Property within 30 minutes of the check-out time, without prior approval, will result in a $100.00 fee. Responsibilities prior to check-out: Tenant is responsible for washing dishes, taking out trash, emptying refrigerator, leaving the AC set on 78 degrees (or heat set on 65 degrees in the winter months), securing all doors and windows, and leaving the unit clean, damage-free and in good shape for the next renter. (M) Keys: Do not duplicate the keys to your Property. Lost or unreturned keys will result in a $25.00 lost key charge. 8.) AGENT’S DUTIES: Agent agrees to provide the Property in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Property, Agent cannot provide the Property in a fit and habitable condition or substitute a reasonably comparable Property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all his brokerage activities in regard to this agreement without regard to the race, color, religion, sex, national origin, handicap or familial status of any Tenant. (A) Maintenance: Every effort is made to keep the Property and its equipment and amenities in good working order. Cragmont Rentals does not guarantee against mechanical failures of heating, air conditioning, televisions, DVD players, or other appliances, including hot tubs. Tenant agrees to report any inoperative equipment as soon as possible. Cragmont Rentals will make every effort to have maintenance done quickly and efficiently and reserves the right to enter the premises during tenancy to inspect, make repairs, etc. as necessary, upon reasonable notice to Tenant. There will be no discounts or refunds given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area nor maintenance problems. Should a repair person make a call to the rental Property and find that the equipment is in proper working order, the charge for the service call will be billed to the Tenant, and the Tenant agrees to pay the service call charge. The same policy applies should an air conditioning unit freeze due to the thermostat being set below 68 degrees Fahrenheit. Tenant agrees that in the event of dissatisfaction of any kind, Tenant will not seek a credit card credit via Tenant's credit card provider. Any adjustments will be handled solely through Agent on behalf of the Owner. 9.) MAXIMUM OCCUPANCY: All rental units are subject to occupancy limits. Occupancy includes temporary visitors, even those not staying overnight, and is determined either by state fire code regulations, the Property Owner, or Agent. Tenant agrees to abide by that limitation as indicated on the Vacation Rental Lease Agreement and pay any fines issued during their stay for occupancy over the stated limit. Cragmont Rentals has no authority to circumvent the town and/or state law. Tenant further agrees that Cragmont Rentals has the right to terminate this agreement before the end of the rental period if the limit is exceeded and any such termination will result in a forfeiture of all money paid on the reservation. (A) Special Events/Parties: Tenant must notify Cragmont Rentals of all large gatherings in or on premises above the maximum occupancy capacity prior to check-in and obtain Cragmont Rentals’ approval for said event. Please know, not all rental homes will allow special events. Please inquire. Special Events do require additional lease provisions, event fee, and/or security deposit. Failure to make advance arrangements for your special event could result in evictions or other action. 10.) HOUSEKEEPING/MAINTENANCE FEE: Upon Tenant’s departure, the home will be cleaned by a professional cleaning service. Tenant shall pay the cleaning fee as disclosed on Cragmont Rentals' website at the time of booking the reservation. In the event the home is excessively dirty, Tenant may be subject to an additional cleaning fee. Such additional cleaning fee can be paid from Tenant’s security deposit, however the security deposit is not to be considered a maximum that can be billed for such additional services. 11.) OWNER’S TRANSFER OF THE PROPERTY: Tenant understands that the rental Property may be listed for sale. Cragmont Rentals reserves the right to show the Property for sale to potential buyers during the term of Tenant's rental period. Effort will be made to schedule the showing as to not interrupt Tenant's vacation. In the event that the Owner voluntarily transfers the Property, such transfer shall be subject to the provisions of Section 42A 19 of the North Carolina Vacation Rental Act. 12.) MANDATORY EVACUATION: If State or local authorities order a mandatory evacuation of any area that includes the Property, Tenant shall vacate and secure the Property within four (4) hours of the start of the mandatory evacuation order. Upon compliance, Tenant shall be entitled to a refund of the prorated rent for each night Tenant is unable to occupy the Property because of the mandatory evacuation order. If Tenant has not checked in to the Property at the time of the mandatory evacuation order and the order is in effect during the Tenant's rental period, Tenant shall be entitled to a full refund of any security deposit and rental fees paid by Tenant in advance of check-in. 13.) EXPEDITED EVICTION: If the tenancy created hereunder is for thirty (30) days or less, the expedited eviction procedures set forth in the Vacation Rental Act shall apply. Tenant may be evicted under such procedures if Tenant: (a) Holds over in possession after Tenant’s tenancy has expired; (b) Has committed a material breach of any provision of this agreement, including any addendum hereto, that according to the terms of this agreement results in the termination of Tenant’s tenancy; (c) Fails to pay rent as required by this agreement; or (d) Has obtained possession of the Property by fraud or misrepresentation. 14.) LIMITATION OF REMEDIES, DAMAGES, AND INDEMNITY: In the event the Agent is unable to deliver said Property to Tenant under this Agreement because of fire, damages, eminent domain, or if the Property is unavailable because of delay in construction, the unit is sold and no longer renting, or because of lack of water or sewer, or otherwise unfit or uninhabitable, Tenant hereby agrees that Agent's sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant pursuant to the terms of this Agreement. Tenant expressly acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including but not limited to any expenses incurred as a result of moving, for any damage, destruction or loss. Tenant also agrees that in the case of a double booking or occupancy by Owner, Tenant will be entitled to a full refund of all consideration previously tendered by Tenant. If Agent is able to relocate Tenant, Tenant agrees to pay any difference in rental amount. The Tenant, their family members, and all the occupants of the Property agrees to release and indemnify the Owner and Agent from and against all claims for damages and/or personal injuries to any person arising out of the use of subject premises, including interior and all exterior areas, including decks, stairs and other common areas that occurred during the tenancy of the premises. These claims include those that allegedly may fall under the Vacation Rental Act. Tenant also agrees to defend Owner and Agent from any lawsuit alleging damages and/or personal injury that occurred during the Tenant’s rental of the Property. Tenant agrees to be responsible for any repairs necessary due to their negligence. Tenant agrees to hold Agent and Owner harmless for any liability in event of foreclosure of subject Property. 15.) ENTIRE AGREEMENT: This Agreement contains the entire agreement of the Parties and there are no other representations, inducements, or other provisions other than those expressed here in writing. All changes, additions, or deletion hereto, must be made in writing and signed by all Parties. Notice: This is a legally binding contract. If not understood, seek competent legal advice. Subject property may be owned by a North Carolina Real Estate Licensee. Tenant understands that in all negotiations regarding subject property, the agent will be representing the best interest of the Owner and subject Property. This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina. This agreement shall be treated as though it were executed in the County of Buncombe, State of North Carolina, and were to have been performed in the County of Buncombe, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in courts in North Carolina. Tenant specifically consents to such jurisdiction and to extraterritorial service of process In Witness Whereof, this Agreement is executed in two counterparts with an executed counterpart being retained by each party hereto. This Agreement constitutes a contract between the Tenant and Cragmont Rentals as Agent to rent the Property described above. In signing this Agreement, the Tenant does promise to abide with all rules and regulations contained herein