Terms and Conditions

1. Rules and Conduct

Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses. Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Guests agree Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.

Damage, Theft, and Criminal Liability

Guests are legally and financially responsible for the condition of the property and its contents during their stay. All inventory is documented using timestamped digital inventory and inspected pre- and post-checkout.

Accidental Damage

Please report minor breakages immediately to avoid additional "hidden damage" service fees. This also helps us get ready for the next guest.

Intentional Damage & Theft

Any removal of property (including linens and decor items), intentional vandalism or gross negligence (includes damage done due to fighting on intoxication) is treated as a criminal matter. We reserve the right to pursue civil damages and will file criminal charges for any theft or willful destruction of property

IMPORTANT NOTICE: FIREWORKS AND AREA BURN BANS

Due to extreme fire danger, the use of fireworks of any kind is strictly prohibited on this property.

When a County Burn Ban is active, all open flame burning, including fires in the outdoor firepit, is prohibited. Burn Ban status for "McCurtain County" can be found on the Oklahoma Forestry Services website: OFS Burn Ban Map.

This is so important that a violation of either of these rules may result in immediate eviction without refund. PLEASE help us protect your friends and family along with our community by strictly adhering to these restrictions.

2. Guests and Identification

The total number of guests that are staying at the property must be stated and may not exceed more persons than the max capacity of the property as advertised on the booking platform used without prior approval by Owner. The PRIMARY Guest making the reservation must provide a copy of an official photo ID (NO SELFIES) in order to validate name and year of birth. (21 is the minimum age to book this property). Feel free to redact/mask any information you aren't comfortable sharing. Guests not included in the total number when making the registration and visitors are not allowed on the property at any time during the reservation without specific permission from the Landlord. Violation of this rule is immediate eviction with no refund.

3. Occupancy and Access

In no event shall the Rental Property be occupied by more persons than the max capacity of the property as advertised on the booking platform used, without prior approval by Owner. This includes all infants, toddlers, and adults. No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund and $500 fee. Guests hereby acknowledge and grant specific permission to Owner and security personnel to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property or are over occupancy. Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair. If listed "For Sale", Guests agree to grant access by scheduled appointment upon notification.

4. Smoking and Vaping

There shall be no smoking or vaping inside the premise, on the decks/patios, or the property in its entirety. An Ozone Cleaning fee of $500 is collected if there is a violation and immediate eviction with no refund.

5. Inspection and Vacating

Management and/or management’s security personnel has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Guests violate any terms of this agreement, the rental period shall be terminated immediately. The Guests waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Guests shall vacate the premises at the expiration time and date of this agreement.

6. Pets and Pet Fees

PETS AND PET FEES. Pets shall not be allowed anywhere on the Premises without the prior written consent of the Landlord. Should Landlord consent to Guest bringing a pet or pets, Guest shall pay to Landlord a non-refundable fee (the “Pet Fee”) specified at the time of booking. The Pet Fee is in addition to any other fee stated in this Vacation Rental Agreement. Further, Guest shall not be permitted to bring more than two pets with them during their stay and no pet shall be permitted on furniture, beds, chairs, or in the hot tub. Pets must be on a leash at all times when outdoors. Pets must be taken outside to go to the bathroom and Guest shall remove all pet waste, including cleaning the area from which pet waste was removed, prior to check-out. Without limiting the previous sentence, Guest shall not permit their pet(s) to use puppy pads or indoor bathroom devices inside the Premises. Further, all pets must be kenneled if Guest leaves the pet alone at the Premises. No Cats/Felines of any type or breed (Owner is very allergic). The following dog types/breeds require specific disclosure and approval:

• 1) Any wolf-breed mix;
• 2) Any dog that has not been vaccinated for rabies, kennel cough, or parvo; and
• 3) Any dog that has previously bitten or attacked a person.

If a pet is found to be on the premise without prior approval, the Guests will be asked to vacate the premises immediately. This is grounds for expedited eviction and forfeiture of all monies paid.

7. Conduct and Property Use

The Guests shall behave in a civilized manner towards the Host/Manager/Owner and shall be good neighbors respecting the rights of the surrounding property owners. Threatening, abusive, or rude behavior will not be tolerated and will be considered grounds for eviction. The Guests shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Guests shall then immediately vacate the premises. Quiet hours start at 10:00pm. Outdoor noise should be kept to a minimum. Fire Pit: do not throw any embers, logs or debris from fire pit onto the ground or into trash receptacles. Leave them in the fire pit as discarding such could pose the risk of fire. No Indoor furniture shall be moved outside. Guests shall not remove, chop down or trim ANY trees or foliage. Guests shall not drive across or park on any area of the property that is not designated for vehicles and shall not drive on/across or park on any neighboring property.

8. Termination and Refunds

In the event Guest wishes to terminate this agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable. The refund policy is as follows:

Payment in full is taken by Owner at the time of the booking. Any remaining balance must be paid prior to the arrival date, or this Agreement may be cancelled by the sole option of the Owner. The credit card of the first payment is used if a credit card was provided. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check.

9. Property Damage Protection

PROPERTY DAMAGE PROTECTION. If, upon property checkout, Landlord determines, in its sole and absolute discretion, that as a result of your stay there is missing or damaged property, Landlord reserves the right to store the credit card number used to book the Premises and to charge said card to recoup the cost of restoring the Property to its condition prior to Guest’s arrival. Nothing in this paragraph shall be construed as a limitation on the amount of damages which Landlord may recover against Tenant.

If a security deposit is required ("Security Deposit") and will be automatically reserved for the booking. The automatic reserve is conducted by putting a hold or charge on the Guest's credit card prior to the arrival date. The credit card of the last successful payment will be used. If there are no successful credit card payments, it is the responsibility of the Guest to send by check to the Owner to satisfy the Security Deposit requirement. If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full. In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within 7 days after receiving notification. Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, hot tub draining and refilling fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees. Owner is under no obligation to use the least expensive means of restoration.

10. Payment Statements

Regular payments and security deposits for the booking will be displayed on the Guest's credit card statement.

11. No Refunds for Outages or Conditions

No refunds will be provided due to inoperable appliances, hot tubs, wifi, etc. The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to fires, storms, tornados or other potentially dangerous situations arising from acts of god or nature.

12. Items Left Behind

Owner/Management NOT RESPONSIBLE FOR ANY ITEMS LEFT BEHIND.

13. Hot Tubs and Pools

Hot tub at rental property is emptied, cleaned and treated after each checkout. It will be prepared prior to or on the day of occupancy. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Management. Under no circumstances are pets allowed hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.

14. Supplies and Septic System

Management shall provide towels, linens, cups, knives, forks, spoons, dishes, and other items as commonly used by the Owners family. Toilet paper, paper towels, dish soap, laundry detergent, trash bags are also provided. Concerning the type of toilet paper to be used, no toilet paper that is described as “ULTRA” or any wipes shall be used. The property is serviced by septic and it is imperative that certain types of toilet paper shall not be used. If guests should cause an issue with the septic system during their stay, guest shall incur a service fee of $150 to cover the costs of service calls.

15. Linens and Towels

Linens and towels are supplied with Rental Property, Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels.

16. Outages

We occasionally experience outages that are beyond our control. We report outages as each occurs. No refunds or compensation will be given for any outages that are beyond our control.

17. Shortened Stays

There shall be no refunds of rents because of shortened stays or ruined experiences due to work and family emergencies or other commitments.

18. Weather

There shall be no refunds of rents due to shortened stays or ruined expectations because of weather conditions.

19. Unavailability and Liability

In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.

20. Breach

Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.

21. Governing Law

Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.

FURTHER, GUEST’S DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ACTUAL, CONSEQUENTIAL, DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, ECONOMIC, AND ATTORNEY’S FEES ARISING FROM, RELATED TO, OR TOUCHING UPON THIS VACATION RENTAL AGREEMENT, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT GUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY MATTERS RELATED TO GUEST’S STAY AT THE PREMISES, WHETHER SOUNDING IN CONTRACT, STATUTE, TORT AND/OR COMMON LAW (INCLUDING NEGLIGENCE), SHALL BE LIMITED TO THE RENTAL PAYMENT PAID BY GUEST.

22. Indemnification

The Guests agree to indemnify, defend, and hold harmless the Management and Owner from any and all claims, demands, liabilities, damages, losses, or expenses arising from personal injury, property damage, or property loss related to the Guests' use of the premises, regardless of the cause of such injury, damage, or loss.

Management and Owner acknowledge that any insurance maintained for the property does not provide coverage for the personal property of Guests. Guests are solely responsible for obtaining their own insurance coverage for personal property if they desire such protection.

23. Recreational and Water Activities

The Rental Property may offer access to recreational and water activities, including but not limited to playsets, hammocks, canoes, bicycles, swimming, swimming pools, hot tub, and/or sauna. Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest agrees to fully indemnify and hold harmless the Owner and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.

24. Fireplaces

FIREPLACES. The fireplaces at the Premises may have no protective screens or barriers. Guest assumes any and all risks of injury, loss, or other damage to themselves, their invitees, family members (including children), occupants, other guests, third parties, and pets related to, arising from, or touching upon the use of the fireplaces. Further, guests are not permitted to move the logs in the fireplaces. If the fireplaces are turned off, particularly during the months of April through September, guest may not turn the gas on or light the pilot. Moving the fireplace logs or re-lighting the pilot without the Landlord's express written permission, which may be withheld at its sole discretion, shall result in a charge of $250 to Guest in addition to any other charges which may be owed to Landlord.

25. EV/RV Outlet

EV/RV Outlet (where available). You are solely responsible for any damage or injury that may occur as a result of using this outlet. This notice does not constitute a warranty or guarantee of the safety of this outlet. Use at your own risk.

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:

I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity.

I am over the age of 21 and assume responsibility for those in my charge under the age of I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property and equipment and engage in activities or events at my own risk. Minimum Age required to reserve this listing is 21 years old.

I will abide by the rules and accept these rental conditions:

The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period.

I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not.

I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.

I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in indoor and outdoor activities and assume any and all responsibility for the minor children and myself in my charge.

All parties agree to and will comply with Federal, State and County pollution laws and any other applicable laws and regulations.

For properties with Swimming Pools, Hot Tubs, and/or Saunas: Disclaimer and Indemnification

Disclaimer of Liability:

By using the hot tub, sauna, and/or swimming pool, hot tub, and/or sauna facilities, all users acknowledge and agree that they do so entirely at their own risk. The owners, operators, and any associated parties (collectively, "The Management") shall not be held liable for any personal injury, death, property damage, or other loss sustained by any person, regardless of cause, including but not limited to, negligence on the part of The Management, its employees, agents, or representatives. This includes, without limitation, injuries or damages resulting from slipping, falling, drowning, or any other accident or incident occurring in or around the swimming pool, hot tub, and/or sauna areas.

All users are responsible for their own safety and the safety of any minors or dependents under their supervision. Users are advised to exercise caution, observe all posted rules and regulations, and assess their own physical capabilities and health conditions before using the swimming pool, hot tub, and/or sauna.

Indemnification Clause:

Each user, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby agrees to indemnify, defend, and hold harmless The Management from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs of litigation) arising out of or in connection with their use of the swimming pool, hot tub, and/or sauna facilities, including but not limited to:

• Any personal injury, death, or property damage suffered by the user or any third party as a result of the user's actions or inactions while using the swimming pool, hot tub, and/or sauna.
• Any breach by the user of the rules and regulations governing the use of the swimming pool, hot tub, and/or sauna.
• Any act of negligence, recklessness, or willful misconduct by the user.

This indemnification obligation shall survive the termination of the user's access to the swimming pool, hot tub, and/or sauna facilities.

Acknowledgment:

By entering and using the swimming pool, hot tub, and/or sauna areas, users signify their understanding and acceptance of the terms of this Disclaimer and Indemnification. If any user does not agree with these terms, they should not use the swimming pool, hot tub, and/or sauna areas or facilities.