Terms of Service

RENTAL AGREEMENT AND RELEASE AND WAIVER OF LIABILITY

GUEST RELEASE AND WAIVER This Guest Release and Waiver (“Agreement”) is intended to be a legally binding document. Read this Agreement carefully and completely. You may wish to consult an attorney to obtain advice about this Agreement. By signing this Agreement, you indicate your acceptance of all terms and conditions below. MARSH AND MOUNTAIN OUTFITTERS, LLC has agreed to host the undersigned for a short-term rental of the campground amenities described below (the “Campground Property”) on real property owned by R. Chad Ray and Patricia Joyce Ray and operated by Marsh and Mountain Outfitters, LLC pursuant to the terms and conditions outlined below. This Agreement shall commence on the check-in date indicated below and shall remain in full force and effect until the undersigned guest checks out of the Campground Property. IN CONSIDERATION OF, and as an express condition to rental and/or utilization of the Campground Property from Marsh and Mountain Outfitters, LLC, I hereby agree to the following: ASSUMPTION OF RISKS I ACKNOWLEDGE AND AGREE that I am 18 years of age or older and that by using, utilizing and/or renting the Campground Property offered for short-term rental by Marsh and Mountain Outfitters, LLC, I accept responsibility for any damages or injury that may occur while using, utilizing and/or renting the Campground Property. By signing this Agreement, I understand that I am waiving my right to bring a court action to recover compensation or to obtain any other remedy for any injury to myself, my property, or my death, however caused, arising out of my use, utilization, and/or rental of the Campground Property. I understand that there are inherent risks of physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties associated with my use, utilization, operation, and/or rental of the Campground Property. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the use and utilization of the Campground Property. RELEASE AND WAIVER OF LIABILITY I HEREBY RELEASE, on behalf of myself, my heirs, representatives, successors, executors, assigns, and administrators, Marsh and Mountain Outfitters, LLC, its officers, members, managers, agents, and employees, including but not limited to R. Chad Ray and Patricia Joyce Ray, from any cause of action, claims, or demands of any nature whatsoever, including, but not limited to, any claim of negligence. If I am bringing a minor as a guest, I acknowledge and agree that I am solely responsible for the supervision of that minor throughout the duration of my rental, use, and utilization of the Campground Property. I expressly agree and promise to accept and assume all of the risks existing in the rental, use, and utilization of the Campground Property. I agree to hold harmless and/or indemnify and defend Marsh and Mountain Outfitters, LLC and its officers, members, managers, agents, servants and employees, including but not limited to R. Chad Ray and Patricia Joyce Ray, from all liability, costs, or expenses resulting from any property damage, accidents or injury to, or for the death of any person directly or indirectly arising from my use, utilization, and/or rental of the Campground Property or my permission, express or implied, to use the Campground Property. GENERAL PROVISIONS I FURTHER SPECIFICALLY AGREE TO THE FOLLOWING COVENANTS AND REPRESENTATIONS AS A CONDITION OF MY RENTAL, USE, AND UTILIZATION OF THE CAMPGROUND PROPERTY: 1. I represent and warrant that each guest on whose behalf I am booking the Campground Property has read and agrees to the terms and provisions contained in this Agreement, that no unauthorized persons are permitted to use or utilize the Campground Property, that no animals or pets are permitted on the Campground Property premises, and that R. Chad Ray and Patricia Joyce Ray shall at all times retain ownership and title to the Campground Property. 2. I understand that the Campground Property is provided for my use and utilization and that I will be solely responsible for the proper use and utilization of appropriate practices and procedures for all items located on the Campground Property. I acknowledge and agree that no illegal or inappropriate drug possession or usage, prescription or otherwise, is permitted by any person using, utilizing, or operating the Campground Property, that no smoking or use of any tobacco or other products by any person is permitted during my rental, use, and utilization of the Campground Property, and that I am further prohibited from excess consumption of alcoholic beverages during my use and utilization of the Campground Property. I agree and acknowledge that I am responsible for ensuring that all persons enjoying the use of the Campground Property act responsibly and safely and that the Campground Property will not be utilized for parties or other large gatherings without the express permission of Marsh and Mountain Outfitters, LLC. I acknowledge and agree that any prohibited use of the Campground Property is a material breach of this Agreement for which I will be responsible for all loss or damage to the Campground Property, third party claims, fines, penalties, fees and costs. 3. I agree that if I damage, lose, mishandle or misplace any items connected with the Campground Property or if any item connected with the Campground Property is stolen, I will be responsible for reimbursement of all such losses and damages. I agree that if Marsh and Mountain Outfitters, LLC and/or R. Chad Ray and/or Patricia Joyce Ray incur any costs associated with recovery of payment of damages or losses to the Campground Property that are not covered by my personal insurance policy or by any insurance policy I obtain in connection with the rental of the Campground Property, I will reimburse or pay Marsh and Mountain Outfitters, LLC and/or R. Chad Ray and/or Patricia Joyce Ray for these costs as well as the cost of the damaged or lost items. I authorize Marsh and Mountain Outfitters, LLC to charge the cost of replacement or repair of any item connected with the Campground Property not covered by insurance to the credit card I utilized to make my deposit for rental, utilization and use of the Campground Property. 4. I acknowledge and agree that this Agreement shall be governed by and construed under the laws of the State of North Carolina and that any litigation pertaining to or enforcing this Agreement shall be filed exclusively in the state and federal courts located in Wake County, North Carolina with the prevailing party being entitled to collect reasonable attorney’s fees, costs, and expenses from the non-prevailing party. I voluntarily submit to the exclusive personal jurisdiction of the state and federal courts in Wake County, North Carolina and waive any and all objections to the jurisdiction or proper forum of such courts. I SPECIFICALLY WAIVE THE RIGHT TO A TRIAL BY JURY AS A RESULT OF ANY LITIGATION ARISING FROM OR RELATING TO THIS GUEST RELEASE AND WAIVER. 5. If any provision of this Agreement shall be held unenforceable or void, I acknowledge and agree that it shall be severable from the remaining provisions of the Agreement and shall not affect their subsequent enforceability or validity. I acknowledge and agree that this Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous conflicting or additional communications. I further acknowledge and agree that this Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought. By signing below, I represent that I have read, considered, and expressly agreed to the terms and conditions of this Guest Release and Waiver as of the date written below. This Agreement shall be effective against and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives in the event of my death or incapacity. Campground Amenities being rented: _____________________________________________________________________________ _____________________________________________________________________________ Campground Identification Number: _____________________________________________________________________________ Condition of Campground Amenities before check-out: _____________________________________________________________________________ _____________________________________________________________________________ Rental Check-in Date and Time: __________________________________________________ Rental Check-out Date and Time: _________________________________________________ Printed Name of Guest: _____________________________________________________ Guest’s Address: _____________________________________________________ _____________________________________________________ Guest’s Telephone No.: _____________________________________________________ Guest’s Email: _____________________________________________________ Guest’s Signature: _______________________________________________(SEAL) Date: _____________________________________________________ MARSH AND MOUNTAIN OUTFITTERS, LLC By: ______________________________________________________ Title: ______________________________________________________

By signing below, I represent that I have read, considered and expressly agreed to the terms and conditions of this Rental Agreement and Release and Waiver of Liability as of the date written below. This Agreement shall be effective against and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives in the event of my death or incapacity.