84° Indoor Pool Cabin - Game Room - Hot Tub- Bunks

Welcome and thank you for considering a Thompson Retreats property for your vacation! The property you are considering is a privately owned home that is well cared for and much loved. By confirming your booking you agree to adhere to all rental rules and guidelines ("GUEST POLICIES, TERMS, AND PROCEDURES") set forth in this listing. While we are confident that some of these topics may not apply to your group, we must bring to your attention the policies we have in place for situations that could arise.

All guests must be 25 or older. Dependent minors or individuals under 25 are allowed but must be accompanied by their parent or an appropriate guardian (age 25 or older). If you have questions as to how this rule applies to your group, please reach out to us immediately. This rule is primarily to restrict young adults and teens trying to book this home without proper supervision. Booking guest is required to occupy the property during the group’s entire stay. This property is limited to 8 guests at all times and the number on your reservation should match the number of people in your group. Only registered guests may be in the home at any time (no visitors). Failure to follow this rule will result in being asked to leave immediately without a refund and an additional charge of $200 per person per night.

Check in time is anytime after 4 pm, and check out time is 10 am. No exceptions. Check ins and check outs are not allowed on the day of major holidays without approval from the host (must obtain prior to booking). We want your vacation to be as relaxing as possible so our check out is as easy as possible for you!

Please empty the refrigerator and take all trash outside to the bear proof receptacle. Please load all dishes into the dishwasher and run it. Place towels on the bathroom floor (not in the bathtub).

We have stocked the house with many items including start-up supplies. However, you will likely need to supplement with your own during your stay. We appreciate that our guests take good care of the home we have set up, and we ask that you use only what you need during your stay. Bed and bath linens are provided for your use during your stay. There is no daily housekeeping service. While linens and bath towels are included for your use in the unit, daily maid service is not included in the rental rate.

No smoking No drugs of any kind No pets or other animals No parties No underage drinking No tampering with exterior camera, pool equipment, wifi, router, etc. Violation of any of these prohibited items will result in immediate cancellation of your reservation and you will not receive a refund. You will be responsible for a $500 fee for violation of rules plus any additional charges for related damage. If the police, sheriff, any other security enforcement persons or owner's designated representative are called to the home for any reason such as but not limited to illegal drugs, domestic disturbance, excessive noise, underage drinking, etc., renters will be immediately evicted without refund. Failure to depart by check out time will result in an additional $100 per half hour penalty.

Quiet hours are from 10PM - 8AM. Guests should not create noise at a level that disturbs the neighbors. We do not allow parties or events. Only guests on the booking reservation are allowed at any time in the home. If you plan to party, do NOT book this home.

There is plenty of parking on the driveway for 2 vehicles. Vehicles are to be parked in designated parking areas only. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.

Use at your own risk as there is NO lifeguard. Children in the swimming pool and pool room MUST be supervised at all times by an adult. Guests are responsible to ensure the door to the pool room is closed and properly latched. Do NOT prop open the pool room door or display the access code or share it with children. Glass items are not allowed in the pool room. No diving or jumping into the pool. No running in the pool room. Infants must wear swim diapers. The pool will be serviced twice a week on Monday and Thursday. If your stay is on one of those days, you must allow them to access the pool for this service. You do not need to be at the cabin when this service occurs. Booking this cabin means you agree to be fully responsible for the safety of anyone who uses the pool during your stay.

Use at your own risk. No children under the age of 18 permitted in the hot tubs at any time. When using the hot tub, remember there is a certain health risk associated with this facility. Our housekeepers drain, sanitize, refill and replenish chemicals in the hot tub prior to your arrival, therefore it may not be warm until later that evening. The hot tub should be set no lower than 95 or more than 104 degrees at all times. When not using the hot tub, leave the cover on so the hot tub will stay warm. Do not stand on the hot tub covers. Hot tub covers are used for insulation purposes and are not designed to support a person. They will break and you will be charged for replacement.

We do our best to set comfortable temperatures on the swimming pool, hot tub and the house. We do not provide refunds for temperature if the item is in working condition as personal temperature preferences vary.

The fireplace is a gas fireplace. Please do not throw any paper or other combustible materials in the fireplace. Fireplaces are turned off from late March to October and are not operational during this time of the year.

No refunds will be given for weather (rain, wind, storms, etc). We do not refund due to road conditions. Mountain roads can be curvy and steep. We highly recommend a four-wheel drive vehicle if there is any chance of ice or snow as well as during winter months. Refunds will be made if there is a mandatory evacuation set by government authorities. Refunds will be granted from the day of issuance of the evacuation to the remainder of the nights left on the reservation. Travel insurance is recommended.

Be aware of the native animals including bears in our area. Please ensure all windows and doors are locked upon departure. Keep all garbage stowed properly in the bear-proof garbage receptacle, near the driveway.

All of the units are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. Any person in the property is the sole responsibility of Guest. Guests agree to keep the property and all furnishings in good order. Removal of any items from the house including living and kitchen furnishings is not permitted. Only use appliances for their intended uses. Homeowners are not responsible for the loss of personal belongings or valuables of guest. Please make sure you check the home prior to departure to ensure you have collected all of your items. Any damage to any items in the home including couches, chairs, tables, TVs, beds, sheets, towels, pillows, etc, are the responsibility of the renter. Every item will be looked at before arrival and after departure. If you cause damage, notify the owner immediately. We will find it and charge you regardless. It is our home. Treat it as if it were your own. Failure to comply with the above rules will result in non-return of security deposit and possible additional charges. Booking through Airbnb assigns your consent to all rules listed including but not limited to those under "House Rules"

To the maximum extent allowed by law, the owner/host or host’s agent is not liable for the renter’s property left behind or for any consequential, incidental, special, punitive, exemplary or indirect damages from any case whatsoever, regardless of whether they are foreseeable. The host and host’s agent in no way undertakes any obligation or duty to provide any security and is not responsible for any loss or theft of the renter’s property.

The owner/host of the property and the host’s agent do not assume liability for the loss, theft, damage or bodily injury (including death) to persons or their personal property. Renter(s)/Guest(s) agree to indemnify and hold the owners harmless for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim, suit, or litigation that may arise out of or in connection with the renter’s use and occupancy of the rental property, including but not limited to claims for personal injury and/or property damage/loss.

If owner or owner’s agent consults or engages legal counsel or a professional collection service, for collecting any amounts due, or to enforce any provision of this agreement, renter shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.

The tenants agree not to claim any chargebacks or credits from their credit card issuer for any fees charged to their credit card(s), including but not limited to advance rental payments, damage deposits, rental payments, taxes or additional feeds for lost, stolen or damaged items.

We appreciate all feedback, so please privately let us know of any areas in which we can improve. Our goal is for your vacation to be so enjoyable that you want to return every year!

By booking, you agree to the following rental agreement.

You (collectively, “Guest”) and Jay Thompson (“Host”) have executed these Guest Terms of Use (“GTUs”) which, together with any documents they expressly incorporate by reference, govern your access to and use of the short-term rental premises referenced in the booking platform from which you booked the short-term rental premises (the “Premises”), regardless of the booking platform (the “Booking Site”). Host and Guest may be referred to individually as a “Party” and collectively as the “Parties.”

1. Short-Term Guest Agreement (“Agreement”); and 2. Guest Policies, Terms, and Procedures (“GPTP”). The documents comprising the GTUs are included in the following pages of this document. Please read the GTUs carefully before booking the Accommodations (as defined below). These GTUs are in addition to any rental agreement entered into by Guest on the Booking Site. If any specific provisions of these GTUs conflict with specific provisions specified in the Booking Site agreement, the Booking Site agreement shall control to the extent of the conflicting provisions only. By continuing with your booking, you accept and agree to be bound to and abide by these GTUs. If you do not want to agree to these GTUs you must cancel your booking of the Accommodations immediately. I, the Guest (1) understand and acknowledge that I am the Guest who is primarily responsible for the booking; (2) agree to comply in all respects with the GTUs specified on the following pages of this Agreement; and (3) approve the charge of the fees specified in this Agreement and the Booking Site Agreement.

This Short-Term Guest Agreement (the “Agreement”) is executed by Host and Guest in reference to and as an integral part of the Guest Terms of Use (“GTUs”) in which it is included. In exchange for the mutual promises and other good-and-valuable consideration specified in this Agreement and the GTUs, the receipt and sufficiency of which the Parties each acknowledge, the Parties each agree as specified below.

1.1.1 Access to the short-term rental premises identified by the Booking Site (the “Premises”); and 1.1.2 Services and amenities related to the Guest’s access to and use of the Premises.

1.2.1 Electronic door locks and WiFi-enabled front-door cameras, thermostats; 1.2.2 Sheets, blankets, bedspreads, pillows, and towels; 1.2.3 A kitchen, complete with refrigerator, freezer, stove, oven, dishwasher, coffee maker, pots & pans, cooking utensils, cups, dishes, and flatware; 1.2.4 Clothes washing machine and dryer; 1.2.5 Televisions equipped with streaming devices; 1.2.6 WiFi; 1.2.7 Barbecue grill and grilling utensils; and 1.2.8 Private or community hot tub and swimming pool, which are not available at all properties; 1.3 Guest understands and acknowledges that not all Amenities listed above will be available at all properties and the Amenities and floor plans of Accommodations may differ from photographs in advertisements. Guest therefore agrees the Accommodations shall not be deemed to be deficient simply because the Amenities and/or floor plan of the Accommodations differs from Host’s listing of the Accommodations. To the extent the listing of Amenities included in the Accommodations deviates from the list of Amenities specified in this Agreement, the listing shall control. 1.4 Guest must not remove any of the items comprising the Amenities from the Premises. Guest must not use bath towels for swimming pools or hot tubs. Guest understands and agrees that Guest will be responsible for paying the cost to repair or replace (at Host’s option) all Amenities or other elements of the Premises found to be missing or damaged and authorizes Host to charge Guest’s credit card to cover the repair or replacement. 1.5 Host reserves the right to relocate Guest to comparable Accommodations at any time if circumstances beyond the Host’s control arise. Guest understands this policy and agrees to cooperate with Host in relocating Guest to an alternate location.

2.1 Guest agrees to pay all charges and costs specified by the Booking Site, conduct themselves in an orderly and lawful manner, and otherwise comply with the GPTP. 2.2 Guest understands and agrees that, before Guest’s use of the Accommodations, Host shall be permitted to perform a national criminal and sex-offender background check on Guest using a consumer-reporting agency. Guest further agrees that, if Host learns of adverse information about Guest from a background check or otherwise, Host shall be permitted to cancel Guest’s reservation, at which time Host shall refund Guest’s reservation deposit. Guest also acknowledges that a copy of the background check report will be provided by The Host to the owner or property manager of the Premises on request. Use of a name other than the true legal name of Guest for the purposes of the reservation shall be grounds for immediate cancellation of the reservation and return of Guest’s reservation deposit.

3.1 The Parties acknowledge that potential safety and health hazards may be present in and around the Premises and recognize the practical limitations on the Host’s ability to limit the risk of personal injury and property damage through controlling the activities of all persons whose actions may affect the safety of the Premises. Guest’s use of any pool, pool floats, hot tubs, spas, bunk beds, or any other Amenities comprising the Accommodations shall be at Guest’s sole risk. The Parties further agree as specified in this Section. 3.2 Immediately after checking into the Accommodations, Guest must inspect the Accommodations carefully to confirm that the Accommodations suit Guest’s needs and to uncover any malfunctioning, missing, or damaged Amenities, or any safety or health hazards present in the Accommodations, and must provide immediate Notice to Host by phone and email if Guest discovers any deficiencies in the Accommodations. Failure by Guest to provide Host with immediate notice of any deficiencies shall operate to waive Guest’s claim against Host for any Damages (as defined below) arising out of or related to the deficiency or deficiencies and Guest shall be deemed to have willfully assumed the risk of property damage, illness, bodily injury, disability, or death arising out of or related in any way to Guest’s occupancy and/or use of the Accommodations. 3.3 Guest (a) acknowledges that Guest is solely responsible for all vehicles, belongings, and other personal property that Guest or Guest’s licensees and invitees choose to bring into the Premises or use in or around the Accommodations (collectively, the “Personal Property”); and (b) understands Host is not responsible for destruction of or damage to any Personal Property and does not provide insurance for Personal Property. 3.4 Guest is responsible for all damage to the Accommodations and its contents during Guest’s stay, whether caused by Guest or Guest’s licensees or invitees. To the maximum extent permitted by law, Guest agrees to indemnify, defend, and hold The Host harmless from any damage caused by Guest or Guest’s invitees, visitors, or guests to the Accommodations, the contents of the Accommodations, the Building or any of its common areas, and any personal injury or death suffered by Guest or Guest’s invitees, visitors, or guests to the extent such personal injury or death is determined by an appropriate authority not to have been a result of negligence or misconduct by The Host, its shareholders, directors, officers, employees, agents, or representatives. The Host shall not be responsible for any loss or damage suffered by Guest or Guest’s invitees, visitors, or guests due to interruption of utility services, essential services, fire, or other occurrence of a similar nature, provided, that, in the event any such interruption results in the Accommodations being rendered unusable through no fault of Guest or Guest’s invitees, visitors, or guests, the Host may refund to Guest the amount prepaid by Guest and not applicable to the period prior to the Accommodations becoming unusable. 3.5 GUEST AGREES TO (A) RELEASE HOST FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION, INCLUDING REASONABLE ATTORNEYS’ FEES, (COLLECTIVELY REFERRED TO AS “DAMAGES”) ARISING IN FAVOR OF GUEST, AND (B) AS SPECIFIED IN THIS SECTION, INDEMNIFY, DEFEND, AND HOLD HOST AND HOST’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, ATTORNEYS, AND AFFILIATED PERSONS AND ENTITIES (COLLECTIVELY, THE “HOST PARTIES”) HARMLESS FROM AND AGAINST ALL DAMAGES ARISING IN FAVOR OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO OWNERS AND OCCUPANTS OF, AND GUESTS VISITING, PROPERTIES AND PREMISES ADJACENT TO OR IN THE VICINITY OF THE ACCOMMODATIONS, AS WELL AS GUEST’S LICENSEES OR INVITEES. THE RELEASE AND INDEMNITY CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES TO ALL DAMAGES ARISING ON ACCOUNT OF BODILY INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY IN ANY WAY: (A) OCCURRING ON, IN, OR NEAR THE PREMISES OR THE ACCOMMODATIONS; OR (B) ARISING OUT OF OR INCIDENT TO THE CONDITION OF THE PREMISES AND/OR THE ACCOMMODATIONS OR THE AMENITIES. THIS RELEASE AND INDEMNITY IS GIVEN TO THE HOST PARTIES REGARDLESS OF WHETHER ANY HOST PARTY IS NEGLIGENT IN WHOLE OR IN PART, AND EVEN WHEN THE INJURY, DEATH, OR DAMAGE TO GUEST OR GUEST’S LICENSEES OR INVITEES IS CAUSED BY ANY ONE OR MORE HOST PARTY’S SOLE NEGLIGENCE OR ATTRIBUTABLE TO A HOST PARTY’S NEGLIGENCE PER SE OR IMPOSED BY STRICT LIABILITY. 3.6 TO THE EXTENT GUEST HAS INSURANCE THAT COVERS PERSONAL INJURY OR A LOSS OR DAMAGE TO THE PERSONAL PROPERTY THAT GUEST OR GUEST’S LICENSEES OR INVITEES MAY BRING TO THE PREMISES (“PERSONAL PROPERTY”), GUEST AGREES TO WAIVE THE RIGHTS GUEST MAY HAVE AGAINST HOST FOR INSURED LOSSES OR DAMAGE TO GUEST OR ANY PERSONAL PROPERTY, INCLUDING ANY INSURED LOSS OR DAMAGE ARISING FROM THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY, IRRESPECTIVE OF WHETHER AN INSURANCE CLAIM IS MADE FOR THOSE LOSSES.

4.1 Entire Agreement. This Agreement, along with the other documents comprising the GTUs, contains the entire agreement and understanding between Host and Guest with respect to the Accommodations and may not be superseded or changed by evidence of any prior, contemporaneous, or later oral agreement. This Agreement may not be amended except in a writing executed by Host and Guest. The Agreement may be executed in two or more identical counterparts, each of which shall be deemed an original instrument enforceable against the party who executed it and all of which shall, when taken together, constitute one and the same instrument. Electronic signatures and reproductions of “wet-ink” signatures sent by email, fax, or other electronic means shall be deemed originals. The persons executing this instrument each represent and warrant that they are duly authorized to execute and deliver this Agreement on behalf of the persons and entities they purport to represent. 4.2 Severability of Provisions. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the validity of the remainder of this Agreement and the illegal or invalid provision will be enforced to the maximum extent possible to still be legal and valid. 4.3 Notices. All notices must be in writing and delivered to Host, Guest or their respective attorneys by email, commercial carrier, or Regular US Mail, Return-Receipt Requested, or personal delivery. Each party may change its address for notice purposes by not less than ten days’ prior notice to the other parties. 4.4 Dispute-Resolution & Waiver of Jury Trial. The Parties desire prompt, inexpensive, and efficient dispute resolution procedures and therefore agree to attempt to resolve through direct discussions all controversies, claims (and any related settlements), and matters in question arising out of or relating to (a) this Agreement, (b) any breach of or questions as to the interpretation of this Agreement, (c) any acts or omissions by either Party (and their officers, directors, employees, agents, subcontractors, or affiliated persons or entities, if any), and/or (d) any actual or purported express or implied representations or warranties relating to the Company or this Agreement (collectively, a “Dispute”). If the Parties desire to Mediate, the mediation must be conducted under the commercial mediation rules of the American Arbitration Association (the “AAA”). All Disputes not resolved by direct discussions and/or mediation must be submitted to a court of competent jurisdiction in the county in which the Premises are located, for a bench trial. THE PARTIES KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL AND AGREE THAT THIS PROVISION CONSTITUTES PRIMA FACIE EVIDENCE OF THE PARTY’S WRITTEN CONSENT TO SUBMIT ALL DISPUTES TO A BENCH TRIAL. IN ADDITION, THE PARTIES AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. 4.5 Attorneys’ Fees. If Host or Guest brings any legal action to enforce or interpret the provisions of this Agreement, Host will be entitled to receive the reasonable attorneys’ fees, costs, and expenses Host incurred in prosecuting or defending a claim, in addition to any other relief to which Host may be entitled. 4.6 Governing Law; Venue. This Agreement, and the application or interpretation of this Agreement, will be governed exclusively by its terms and by the laws of the State of Tennessee. Except for those actions, proceedings, or claims which this Agreement provides will be settled by arbitration, any action, proceeding, or claim arising out of or relating to this Agreement commenced by any party to this agreement in their individual capacity must be prosecuted in the county in which the Premises are located. Each party waives any plea of privilege that might exist in the absence of such Party’s agreement to prosecute such claim in the county in which the Premises are located, and each Party irrevocably submits to the non-exclusive jurisdiction of the state and federal courts of the State of Tennessee and consents to service of process upon such Member in any legal proceeding arising out of or in connection with this Agreement. [Guest Policies, Terms, and Procedures above.]