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 115 O'Connor Lane, Somerset, PA 15501 (the “Property”). The Property is privately owned by Jason Ashenfelter and Anne McGinty (the “Owners”) and is leased to Black Fern Cabin LLC, a Pennsylvania limited liability company (the “Lessee”). The Lessee has appointed McAsh Properties LLC, doing business as Fern Mountain Living (the “Company”), as its 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 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.
For the avoidance of doubt, this Agreement does not create a tenancy under Pennsylvania law. Guest is granted only a limited, revocable license to occupy the Property during the agreed rental period. Guest waives any claim to legal tenancy, eviction proceedings, or other landlord-tenant protections and agrees that Company may revoke this license and require immediate departure for material violations of this Agreement.
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
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.
No Assignment/Subletting. Bookings are personal to the Guest of record and may not be assigned, sublet, or transferred to any third party without Company’s prior written consent. Third-party or proxy bookings are prohibited.
3. PROPERTY & BOOKING DETAILS
Property Name: Black Fern Cabin
Address: 115 O'Connor Lane, 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. Guest acknowledges that all payments are final and non-refundable once the applicable cancellation deadlines have passed. Any attempt to reverse charges or dispute payments (including chargebacks) constitutes a material breach of this Agreement. Guest remains liable for all sums due hereunder, plus costs of collection, including reasonable attorney’s fees and expenses. Guest authorizes Company to charge any payment method on file for unpaid amounts, damages, or fees owed under this Agreement.
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 any claims for breach of quiet enjoyment resulting from lawful access by the Owner, the Company, or their agents.
Guests may be charged for service calls resulting from misuse, negligence, or failure to follow instructions (e.g., tripped circuits, misuse of appliances, lost keys).
Guest may not unreasonably withhold consent to entry for maintenance, inspection, or services. Refusal of access needed for repairs, safety, or compliance is grounds for immediate termination of this Agreement without refund.
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
In a force majeure event (e.g., natural disasters, government restrictions, pandemics, utility failure), Lessee and Company are not liable for performance failures or refunds beyond amounts actually received and still held by Company. Amounts remitted to third parties (e.g., cleaners or platforms) are non-recoverable.
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 (>$400)
Policy violations (noise, pet, occupancy, smoking, etc.)
Legal violations or HOA rule breaches
Duty to Report. Guest agrees to promptly notify the Company of any damage, maintenance issue, or unsafe condition discovered during the stay. Failure to report may result in Guest being held responsible for resulting damages or costs.
Guest agrees to indemnify and hold harmless the Owner, Lessee and the Company for any legal fees or claims arising from Guest conduct.
Guest’s indemnification obligations expressly include reasonable attorney’s fees, expert witness fees, and court or arbitration costs incurred by Owner, Lessee, or Company in connection with enforcement of this Agreement. Guest waives participation in any class, representative, or consolidated action; all claims must be brought on an individual basis.
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 ATVs, side by sides or dirt bikes
No fireworks
Lock all doors/windows when leaving
Secure food/trash to prevent wildlife encounters
Liquidated Damages. Guest acknowledges that certain violations cause harm that is difficult to quantify. Accordingly, Guest agrees the following liquidated damages may be charged, in addition to any actual damages: $500 per unauthorized event or party; $250 per unauthorized guest or visitor exceeding occupancy limits; $250 per unauthorized vehicle exceeding parking limits; $500 per instance of tampering with security systems, internet routers, smart devices, or thermostats; and $1,000 for disabling or covering exterior cameras. These charges are not penalties but a reasonable estimate of damages sustained.
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.
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).
Seasonal Conditions & Parking. Mountain/winter conditions may include snow and ice. Guest assumes all risk related to outdoor surfaces and access roads, and is responsible for using appropriate vehicles and traction devices when conditions warrant. Illegally parked or obstructing vehicles may be towed at Guest’s expense.
15. MISCELLANEOUS
Governing Law: Pennsylvania
Venue: Westmoreland County
Dispute Resolution. Any dispute arising under this Agreement shall first be submitted to mediation in Westmoreland County, Pennsylvania. If mediation is unsuccessful, disputes shall be resolved by binding arbitration administered by the American Arbitration Association. Guest waives any right to a jury trial. The prevailing party in any mediation, arbitration, or legal proceeding is entitled to recover reasonable attorney’s fees and costs. Damages are limited to actual, direct damages; consequential, special, or punitive damages are waived.
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.
This Agreement does not create a landlord-tenant relationship. The Property is not to be used as a residence, domicile, or mailing address.
Mail & Deliveries. The Property may not be used as a domicile or mailing address. Owner/Lessee/Company are not responsible for receipt, loss, theft, or misdelivery of packages or mail.
Survival. All indemnification, payment, liquidated-damages, and liability obligations under this Agreement survive Guest’s departure and termination of this Agreement.
16. GOLF SIMULATOR USE
Use at your own risk. Follow posted rules and manufacturer instructions. Only use provided equipment. No food, drink, or glass in the simulator bay. Protective screens and mats must remain in place at all times. Children under 16 must be supervised by an adult. Improper use may result in injury, damage charges, or termination of this Agreement without refund. Guest agrees to release, defend, indemnify, and hold harmless the Owner, Lessee, and Company from any claims, injuries, or damages related to simulator use. Service calls or repairs due to misuse or damage will be charged to Guest, including parts, labor, and reasonable loss-of-use.
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).
By confirming this reservation you are agreeing that you have read, understand, and agree to the terms of this Guest Rental Agreement.