Rental Agreement

McAsh Properties LLC – Guest Rental Agreement

Thank you for choosing McAsh Properties LLC. We look forward to hosting you at Black 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 Somerset, PA 15501 ("Property"). The Property is privately owned by Jason Ashenfelter and Anne McGinty (the “Owner”) and is leased to Black Fern Cabin LLC, a Pennsylvania limited liability company (the “Lessee”). Lessee has appointed the Company as its agent for purposes of guest rental operations and enforcement of this Agreement. The Company is the authorized agent of Black Fern Cabin LLC for the purposes of this Agreement.

This Agreement is governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 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, Black Fern Cabin LLC, as lessee and operator 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

  • Signing Required: This Agreement must be signed within 24 hours of submitting your reservation request. Failure to sign may result in cancellation.

  • Cancellation Option: If you cannot agree to these terms, you may cancel within 24 hours of booking.

  • Binding Contract: Submission of payment and/or occupancy of the property constitutes agreement to all terms herein.

3. PROPERTY & BOOKING DETAILS

  • Property Name: Black Fern Cabin

  • Address: Somerset, PA 15501

  • Community/HOA Rules: Guest agrees to comply with all HOA rules. Violations may result in fines, eviction, or loss of booking fees.

  • Maximum Occupancy: 20 guests

  • Maximum Vehicles Allowed: 4

  • Quiet Hours: 10:00 PM – 7:00 AM

  • Prohibited: No commercial events or discharge of weapons

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 Lessee and the Company.

    • Non-payment may result in cancellation without refund and legal enforcement

5. TAXES & FEES

  • PA Sales & Hotel Occupancy Tax: 6%

  • Westmoreland County Hotel Tax: 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 Lessee 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 claims for breach of quiet enjoyment for lawful access.

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 Lessee 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 Lessee 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, Lessee and the Company for any legal fees or claims arising from Guest conduct.

12. 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, Lessee and the Company disclaim liability

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

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”

  • Guest waives and releases the Owner, Lessee 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, Lessee 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.

  • The Property may not be used for any illegal purposes, including activities prohibited under end-of-life assistance laws.

  • The Lessee and the Company make no guarantees regarding internet, weather, or third-party services (e.g., cable, utilities).

15. MISCELLANEOUS

  • Governing Law: Pennsylvania

  • Venue: Westmoreland 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.

16. GOLF SIMULATOR USE

  • Use at your own risk. 

  • Follow posted rules. 

  • Only use provided equipment. 

  • No food, drink, or glass permitted. 

  • Children under 16 must be supervised. 

  • Improper use may result in injury, damage charges, or eviction. 

  • Guest agrees to release, defend, indemnify, and hold harmless the Owner, Lessee, and the Company from any claims, injuries, or damages related to simulator use.

ACKNOWLEDGMENT AND AGREEMENT

By signing below, Guest affirms and agrees that:

  • 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, Lessee, 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.