Rental Agreement
McAsh Properties LLC – Guest Rental Agreement
Thank you for choosing McAsh Properties LLC. We look forward to hosting you at Blue Fern Cabin! If you have any
questions, please contact us at 312-339-1140 or stay@fernmountainliving.com.
1. AGREEMENT OVERVIEW
This Guest License Agreement (the "Agreement") is entered into between the Guest(s) listed on the booking request
("Guest") and McAsh Properties LLC, an Ohio limited liability company doing business as Fern Mountain Living
("Company"), as of the date this Agreement is accepted ("Agreement Date"). This Agreement applies only to
vacation rental stays under 29 days. For longer stays, please contact our office.
Guest is a licensee, not a tenant, and acquires no legal interest in the property located at 122 Cohutta Overlook
Way, Blue Ridge, GA 30513 ("Property"). The Property is privately owned by Blue Fern Cabin LLC, a Georgia
limited liability company (“Owner”). McAsh Properties LLC, doing business as Fern Mountain Living (the
“Company”), is the Owner’s authorized agent for guest rental operations and enforcement of this Agreement.
This Agreement is governed by and shall be construed in accordance with the laws of the state of Georgia. It
constitutes the entire understanding between the parties and supersedes all prior discussions or understandings.
This Agreement applies to all members of the Guest's party, regardless of age or affiliation ("Group"). Guest
acknowledges responsibility for sharing this Agreement and its terms with all Group members and any additional
persons permitted on the Property by the Guest.
In consideration of the rent received and the mutual promises contained herein, Blue Fern Cabin LLC, as Owner of
the Property, hereby grants to Guest a revocable license to occupy and use the Property under the following terms
and conditions.
2. RESERVATION TERMS
This Agreement must be signed within 24 hours of submitting a reservation request. If you cannot agree to these
terms, you may cancel within 24 hours of booking. Submission of payment and/or occupancy of the Property
constitutes acceptance of all terms herein.
3. PROPERTY & BOOKING DETAILS
● Property Name: Blue Fern Cabin
● Address: 122 Cohutta Overlook Way, Blue Ridge, GA 30513
● Community/HOA Rules: Guest agrees to comply with all HOA rules. Violations may result in fines, eviction,
or loss of booking fees.
● Maximum Occupancy: 12 guests
● Maximum Vehicles Allowed: 3
● Quiet Hours: 10:00 PM – 8:00 AM
● Prohibited: No commercial events or discharge of weapons
● Local Compliance Notice:
○ Guest agrees to comply with all applicable Fannin County short-term rental regulations, including:
■ Fannin County Short-Term Vacation Rental Ordinance
■ Countywide Noise Ordinance
■ Parking, fire safety, and occupancy rules
○ Failure to comply with local ordinances may result in fines, eviction, or enforcement action by Fannin
County authorities.
● Guest acknowledges that access to the Property is via an unpaved gravel road with hills, and that the use of
a four-wheel drive (4WD) or all-wheel drive (AWD) vehicle is strongly recommended. Guest understands and
accepts that other types of vehicles may encounter difficulty accessing the Property. Guest assumes all risk
associated with such access, including but not limited to delays, damages, accidents, towing, or other
issues. Owner shall not be liable for any loss, cost, or damage arising from road conditions or the use of
Guest’s vehicle to access the Property.
4. PAYMENT POLICY
● Airbnb/VRBO Bookings: Payments follow schedule on platform. Guest authorizes charges for fees,
damage, or cancellations per platform policy.
● Direct Bookings:
○ 50% of the total booking amount is due at the time of booking.
○ The remaining 50% balance is due 30 days prior to arrival.
○ For reservations made within 30 days of arrival, 100% of the total amount is due at booking.
● Security Deposit: A refundable security deposit may be collected and returned within 14 days, less
deductions for damage or fees.
● Additional Notes:
○ Rental rates vary and are confirmed at booking
○ All deposits are held in an interest-bearing escrow account; interest is retained by the Owner and
the Company.
○ Non-payment may result in cancellation without refund and legal enforcement
5. TAXES & FEES
● Georgia State Sales Tax: 4%
● Fannin County Sales Tax: 3%
● Fannin Lodging Tax: 6%
● GA Hotel-Motel Fee (per night): $5
● Cleaning Fee: Applies to all bookings; mid-stay cleaning available upon request
● Responsibility: Guest is responsible for all applicable taxes, even if rates change before stay
6. GUEST POLICIES
● Check-In: 4:00 PM or later
● Check-Out: 10:00 AM or earlier
● Early/Late Check-Ins: Only with written authorization; fees may apply; unauthorized check-ins may result in
eviction and forfeiture
● ID Verification: Valid ID required. Fraudulent reservations will be canceled without refund
● Minimum Age: 25 to book
● Minor Supervision: One parent/guardian per four minors; no student groups
● Violation: Results in termination and eviction
7. ACCESS & MAINTENANCE
● The Owner and the Company or contractors may enter the Property at any time for repairs, inspections, or
emergencies.
● Refusal of routine services (e.g., hot tub cleaning) may result in a $200 fee.
● Guest waives any claims for breach of quiet enjoyment resulting from lawful access by the Owner, the
Company, or their agents.
8. CANCELLATION POLICY
● Airbnb/Vrbo: Follow platform’s policy.
● Direct Bookings:
○ 100% of prepayments are refundable if the reservation is canceled 30 days or more before
arrival.
○ 50% of prepayments are refundable if the reservation is canceled 14 days or more before arrival.
○ No refund will be issued if the reservation is canceled less than 14 days before arrival.
● All cancellations must be in writing
● No refunds for early departure, weather, health issues, or no-shows
● Force Majeure: The Owner and the Company are not liable for delays/failures due to uncontrollable
events (e.g., war, weather, pandemics)
9. NOISE, NEIGHBORS & OCCUPANCY
● Quiet Hours: 10 PM – 7 AM; max outside noise: 50 decibels
● Visitors: All non-registered guests must leave by 10 PM
● Occupancy: Per booking; children 12+ count as adults
● Violations: May result in eviction, fines, and forfeiture of fees
● Guest Conduct: Unlawful, disruptive, or damaging behavior will result in immediate termination without
refund
10. PET POLICY
● Pets: Not permitted unless authorized in writing
● Fees: $250 non-refundable fee per approved dog (max 3; no aggressive breeds)
● Not Allowed: Cats, exotic pets
● Service Animals: Must be disclosed with documentation
● Violations: Up to $1,000 fine plus cleaning/repair costs
● Responsibility: Guest must clean up after pets and prevent damage
11. DAMAGES & CLEANING
● Guest authorizes the Owner and the Company to charge for:
○ Property damage or loss
○ Excessive cleaning (>$500)
○ Policy violations (noise, pet, occupancy, smoking, etc.)
○ Legal violations or HOA rule breaches
● Guest agrees to indemnify and hold harmless the Owner and the Company for any legal fees or claims
arising from Guest conduct.
12. HOT TUB, SAUNA & FITNESS EQUIPMENT USE
● Hot Tub Use
○ No diving/jumping
○ No food, glass, or drinks in/near spa
○ Always close cover after use ($50/day fee if left open)
○ Max temp: 104°F (preset; guests may not adjust)
○ Not suitable for children <12, pregnant individuals, or those under influence
○ Use at own risk; Owner and the Company disclaim liability
○ Guests should shower before using the hot tub. Failure to do so may result in additional
cleaning fees.
○ Guests may not tamper with control systems. Unauthorized changes to equipment settings
may result in a service call fee.
● Sauna Use
○ Use sauna at your own risk.
○ No children under 12 in the sauna.
○ No glass, food, or flammable materials permitted.
○ Do not pour water on heating elements unless instructed.
○ Limit use to 15–20 minutes at a time.
○ Medical conditions such as pregnancy or heart conditions may be aggravated by sauna
use—consult a doctor before using.
○ Close the sauna door after use and power off when done.
○ Guests should shower before using the sauna. Failure to do so may result in additional
cleaning fees.
○ Guests may not tamper with control systems. Unauthorized changes to equipment settings
may result in a service call fee.
● Fitness Equipment Use
○ Use fitness equipment (e.g., treadmill, free weights, yoga gear) at your own risk.
○ Do not drop weights.
○ Children under 16 must be supervised.
○ Improper use may result in injury or property damage
○ Guest agrees to release, indemnify, and hold harmless the Owner and the Company from any
claims or injuries related to use of fitness equipment.
Guest acknowledges that the use of hot tub, sauna and fitness equipment involves inherent risks. Guest
assumes full responsibility for any injury or harm that may result from use of these facilities, whether due to
misuse, health condition, or environmental factors.
13. GENERAL HOUSE RULES
● No Smoking/Vaping – $1,000 fine + deodorization
● No unauthorized events
● No fireworks
● Lock all doors/windows when leaving
● Secure food/trash to prevent wildlife encounters. Dispose of all trash in bags or face penalties, which
may include fines of up to $150.
14. LIABILITY & WAIVERS
● Guest assumes all risks associated with:
○ Using amenities (e.g., spa, fire pit, stairs, boulders, wildlife exposure)
○ Weather-related or environmental hazards
○ Public health risks or emergencies
○ Use of Wi-Fi, smart devices, or internet-connected systems
● Guest is responsible for logging out of any personal accounts (e.g., streaming platforms). The Owner and
the Company are not responsible for any charges, data loss, or privacy issues.
● The Owner and the Company are not responsible for data loss, unauthorized purchases, or privacy
breaches resulting from guest use of internet-connected services.
● Guest waives and releases the Owner and the Company from all liability, including negligence, for injury,
property loss, or death during the stay. Guest agrees to indemnify and hold harmless the Owner and the
Company from any claims arising from activities on the Property. This waiver applies to all members of the
Group and is construed broadly to the fullest extent allowed by law. This release also applies to any
third-party vendors, service providers, or contractors acting on behalf of the Owner or the Company.
● The Property may not be used for any illegal purposes, including activities prohibited under end-of-life
assistance laws.
● The Owner and the Company make no guarantees regarding internet, weather, or third-party services
(e.g., cable, utilities).
● For the avoidance of doubt, Guest acknowledges and agrees that the road access conditions described in
Section 3 (Property & Booking Details) are expressly incorporated into this Assumption of Risk and
Limitation of Liability. Guest accepts full responsibility for any delays, damages, accidents, towing, or other
issues arising from use of Guest’s vehicle to access the Property, and Owner and the Company shall not be
liable for any such occurrences.
15. MISCELLANEOUS
● Governing Law: Georgia
● Venue: Fannin County
● Entire Agreement: No oral modifications; electronic signatures permitted
● Severability: Invalid provisions do not affect remainder
● Binding On: Heirs, successors, and assigns
● Surveillance Disclosure: By occupying the Property, Guest consents to the use of these surveillance
measures solely for purposes of safety, insurance, and property protection. Exterior security cameras are
located at driveway and entry points for guest safety and security. No cameras are located indoors.
Tampering with or disabling cameras is strictly prohibited and may result in immediate eviction and forfeiture
of all booking fees. Guests should not expect privacy in outdoor common areas. Exterior cameras are not
monitored live but may be reviewed in case of an incident. Guests should not expect visual privacy in
exterior common areas but are assured that no surveillance takes place inside the home or in any private
interior space such as bedrooms or bathrooms.
● Additional resources and county compliance info can be found at
https://fannincountyga.com/lodging-tax-information-page
● In Case of Emergency: Dial 911
● Nearest Hospital:
○ Blue Ridge Medical Center
○ 2855 Old Hwy 5, Blue Ridge, GA 30513
○ (706) 632-3711
○ www.blueridgemc.org
ACKNOWLEDGMENT AND AGREEMENT
By signing below, Guest affirms and agrees to the terms of this Guest Rental Agreement, including all rules,
disclaimers, and responsibilities outlined above. Specifically, Guest affirms that:
● They have read and agree to the terms of this Guest Rental Agreement.
● They are at least 25 years of age and assume full responsibility for all members of their Group.
● They understand and accept the risks associated with natural features, wildlife, weather, and use of property
amenities.
● They will return the Property in the condition in which it was received and are financially responsible for any
loss or damage during the rental period.
● They release, indemnify, and hold harmless the Owner and the Company from any liability, injury, damages,
or claims arising during or as a result of their stay.
● They agree to comply with all applicable laws, rules, and the terms set forth in this Agreement.
● By providing an email address, Guest consents to receive communications regarding their reservation and
property policies.
● This Agreement may be signed electronically. Electronic signatures shall be considered legally binding and
enforceable under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
☐ I confirm I have read, understand, and agree to the terms of this Guest Rental Agreement.
Guest Name (Printed):
Guest Signature:
Guest Email:
Date:
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