TERMS OF USE

Arriving: DATE (4 – 6 PM or later) Departing: DATE (11AM or earlier) Staying:  ## nights

Party Size:  ## adults

This Renter Agreement (“Agreement”) is made and effective DATE, 2024 (“Agreement Date”) between Beds, Boating, and Beyond (“Owner and/or Manager”) and NAME (“Guest”) regarding the property known as Beds, Boating, and Beyond (“Rental Property”) which is located at:

ADDRESS OF PROPERTY

This Agreement applies to the Guest’s stay at Rental Property from DATE to DATE but also applies to any other dates which may be included if the reservation is changed.

This Agreement applies to all members of the Guest’s party no matter the age or affiliation (‘Group’). Guest acknowledges that Guest is responsible for sharing the renter agreement, and its requirements, with all members of the Guest’s party and anyone else permitted onto the Rental Property by the Guest.

In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:

1. The booking guest must reside on the premises during the booked dates of the A guest may not book on behalf of others if he/she does not intend to stay at the property. Guest agrees to abide by all rules and regulations containedherein or posted on the premises related to the Rental Property. Guests’ obligations include but are not limited to keepingthe 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. 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.

2. The maximum number of guests is In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the website or the confirmation letter, without prior approval by Owner. 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.
3. The property’s front outdoor entry areas are monitored by cameras and if violations of these rules are witnessed then it will be grounds for expedited eviction with no refund of any kind. Guests hereby acknowledge and grant specific permission to Owner or representative of Owner 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. Guest further agrees to grant Owner or representative of Owner access to Rental Property for purposes of maintenance and repair.

4. In the event Guest wishes to terminate this agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable. We HIGHLY encourage our guests to purchase outside “cancel for any reason” travel insurance. The refund policy is as follows:  Strict 14: Free cancellation for 48 hours, as long as the guest cancels at least 14 days before check-in. After that, guests can cancel at least 7 days before check-in and get a 50% refund of the nightly rate, and the cleaning fee.

5. A payment of XXX is taken by Owner at the time of the any remaining balance must be paid 30 days prior to the arrival date, or this Agreement may be cancelled by the sole option of the Owner. An automatic credit card payment for the remaining balance will be scheduled by the Owner to be made 30 days prior to the arrival date. 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.
6. 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 for the amount of $300.00 exactly 2 day(s) prior to the arrival 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 $300.00 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 within 2 days. 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 2 business 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, staying past the 11am checkout time; damage done to pontoon boat if used during the rental period; or other service call fees. Owner is under no obligation to use the least expensive means of restoration.
7. Regular payments and security deposits for the booking will be displayed as KIAMICHI-ADVENTURES on the Guest’s credit card statement.

8. A maximum of 2 dogs under are permitted on the Rental Property. Our non-refundable pet fee is $75 per stay for 1-2 dogs. Only dogs that are fully potty trained to go outside and are well- behaved (no chewing, biting, incessant barking, ordestructive behavior.) Dogs may not be left alone in the Rental Property at any time unless they are secured in a crate. Damage and/or mess done by your dog are subject to normal damage fees. Guests are expected to clean up after their animals, including outside, and will be responsible for any extracleaning charges incurred for not doing so. It is highly recommended that your dog has a tag with your phone number and/or a chip when coming up to the cabin in case they get lost or run.

9. Guests must inform the Owner of their intention to bring children and the specific number. A child is defined as any person under the age of 18. PLEASE BE AWARE THE CABIN IS NOT BABYPROOFED.
10. No full or partial refunds will be provided due to inoperable appliances, hot tubs, internet outages, 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 dueto power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to fires or other potentially dangerous situations arising from acts of God or nature.
11. Guests understand that there are no landline telephones in the Rental It is strongly suggested that Guests bringtheir own mobile phone to access in case of an emergency.
12. Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Items found and not claimed within 30 days will be disposed of at the discretion of Owner. Owner, cleaning crew, nor cohost shall not beheld responsible for items left behind that cannot be found or returned, nor for the contents that are returned.
13. The hot tub will be prepared and tested for proper and safe chemicals prior to or on the day of occupancy. Misuse of the hot tub by the spilling of foreign substances into the hot tub, e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner. Guests are responsible for monitoring their children around the hot tub. Under no circumstances are service animals allowed in the hot tub. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.
14. Any attempt by Guest or any parties in the Guest’s group to defraud Owner by staging an unclean cabin or claiming an appliance, hot tub or grill does not work with malicious intent to gain a refund from a listing site such as Airbnb or VRBO will result in charges against any and all parties involved, according to Oklahoma Statute Title 21, Chapter 61, Section 1503- Defrauding Hotels, Inns, Restaurants, All charges and cases will be filed in McCurtain County.
15. Guests agree that they will not touch, move, tamper with or rearrange the gas logs in the fireplace for any NO COOKING of any kind over the gas logs. Doing so will result in a $200 fine.

16. Guests are responsible for leaving the cabin furniture arranged as they found it upon If the cleaning crew has to move back furniture that was rearranged, there may be an additional cost imposed on the Guest.
17. Exterior surveillance cameras monitor the Rental Property at the front parking area/front porch. The security cameras in no way infringe upon the expectation of privacy in these public areas. The footage is monitored and may be used for liability reasons and to monitor occupancy, adherence to the pet policy (see item 8), and other policies noted here. The viewing area of the cameras is limited to the exteriorspaces stated above and has no access to areas such as the back deck or interior of the cabin. To disable or obscure the cameras is prohibited and may result in eviction without refund.

18. Linens, towels and bedding will be provided for the Guest during the stay at the Rental Property. Guest isresponsible for lost or damaged items at the cost of two (2) times the replacement price for such damaged or lost linens or towels.
19. 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 liablefor any special or consequential damages which result from this unavailability.
20. Guest agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Propertyresulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the fire pit, grill, hot tub, stairs, use of the pontoon boat, appliances, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
21. 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.

22. 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 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. Owner shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap, or familial status of any Guest.
23. The Rental Property is in an area that has access to recreational and water activities, including but not limited to canoes, boating, hiking, and swimming. 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 otherailments that could cause serious Guest agrees to fully indemnify and hold harmless the Owner and any and allagents, 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 forany 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. The Guests shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. 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 are from 11:00 pm to 7:00 am. 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.
• Guests shall not remove, chop down, or trim ANY trees or foliage.
• Guests shall not drive or park beyond the BOULDER barriers outlining the circle drive.
• We provide a gas grill that uses propane. The gas grill is plumbed to our propane tank and should not be moved. Do NOT use charcoal, wood, or any other material in the grill. Guest will be responsible for all damages associated with attempting to burn charcoal or wood in our gas grill.
• The fireplace is gas. Do not remove gas logs and replace with wood. Guests will be responsible for all costs associated with returning the gas fireplace into proper working condition and any related damages.

25. The property is serviced by septic, and it is imperative that SEPTIC SAFE toilet paper be used. Personalhygiene items are not to be flushed down the toilets and grease is not to be poured down the sink. 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.
26. Guests understand and recognize that the property is located in a wooded and rural area of SE Oklahoma and may encounter wild animals at any time including but not limited to deer, bear, bobcats, snakes, birds, squirrels, insects, spiders, chiggers, ticks, ants, and other creatures that live in the woods.
27. Guests agree to pay all reasonable costs, attorney’s fees and expenses that shall be made or incurred by the owner enforcing this agreement.
28. There shall be no refunds of rents because of shortened stays or ruined experiences due to work and family emergencies or other commitments.
29. Only legally owned and permitted firearms shall be allowed on the premises according to State and local laws. The discharge of firearms is not allowed on the property. This includes pellet guns, BB guns, and paintball guns.
30. Guest agrees that fireworks, explosive devices, and other hazardous materials shall not be used in or around the property.
31. The property has smoke alarms installed and they are believed to function properly at the time of the rental.Guests will notify owners without delay if a smoke alarm “chirps” or has a low battery condition.
32. High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refunds of rents shall be given for outages, content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet
33. Guest agrees that Air Conditioning shall not be set below 69 degrees and Heat shall not be set above 77 degrees, and that the fan setting shall be “AUTO”. Doors shall be closed when either heat or air conditioningis in If thermostat is removed from wireless function or manually reset during Guests stay in order to circumvent preset parameters, Guest will be responsible for all service fees for owner to have thermostat reconnected to wireless function. If Guest repeatedly removes thermostat from wireless control, they shall be asked to vacate the premises immediately resulting in immediate eviction and no refunds of deposits or rents.
34. Guest agrees to follow instructions for Check Out Procedures that are furnished prior to arrival and located in a binder within the premises.
35. Smoking or vaping of any kind is not permitted in the cabin or on the front porch or back deck. If you are going to smoke, please do so in the front or side areas at least 20 feet away from the doors and dispose of your cigarette butts Please make sure the butt is completely extinguished before doing so to prevent fires. If the cabin smells of smoke or evidence of smoking has occurred inside the cabin, an extra cleaning fee of $350 will be charged. An additional cleaning charge of up to $100 will be charged for cigarette butts found anywhere on the property, including the firepit, after your stay.

    NOW, THEREFORE, in consideration of the mutual agreements andcovenants 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, mountain, water, boating, and camping activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Riverbanks, streams, 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 25 and assume responsibility for all in the Group, and the Group is visiting the property and using the equipment and is engaging in activities or events at the Group’s risk. I hereby assume all legal responsibility for bodily injury to me or to anyperson 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 Group, and the Group is visiting the property and using the equipment and is engaging in activities or events at the Group’s risk.

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 agree to hold harmless and to indemnify the Owner or any agents of the Pontoon Boat should it be used during my rental period against all loss, damage, expense and penalty on account of personal injury or property damage to others, and I am responsible for any individuals that participate in any boating/water/tubing/fishing activities. In other words, I am fully responsible for everything that happens to me, the equipment, the facilities and all other persons in the area with me in the use of the Pontoon Boat during the rental period.
• 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 kindor 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, outdoor, and lake/river 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.

A special note from our family to yours…

We ask that you treat this property with respect and understand that this property is used by our family on a regular basis. This is the only property that we own, and we have decided to allow others to share in our cabin experience and hope that your next adventure will be a memorable one.

Life is like a story and is made up of memories. There is a beginning, a middle, and one day there will be an end. How will your story read? Will it be with excitement and anticipation of turning the next page? Can you hardly wait tostart the next chapter? When you visit our cabin take time to cherish those moments spent with your family, friends, and loved ones because your next adventure awaits.