This Short-Term Rental Agreement is made by and between Vives-Phillips ViP, LLC (“Host/Owner”) and the individual(s), of minimum age of 25 years-old, listed as the primary booking party and all accompanying guests ("Guest" or "Guests") as identified on the reservation confirmation, as of the date last set forth on the signature page of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

1. Guest Verification Requirement

The primary booking party must complete identity verification upon booking confirmation and prior to arrival. This verification process ensures compliance with local short-term rental regulations, enhances security for all parties, and enables streamlined check-in procedures.

Failure to complete the required verification will result in booking cancellation and be subject to the cancellation policy. If you experience technical difficulties or cannot complete verification, contact Host immediately by messaging the Host in the booking platform.

2. Property

The vacation rental property is located at:

Coco Château - 1314 Murphy Hill Road, Langston, AL 35755 - U.S.A. (+/- 750 sq.ft.)

Or Lucky Lodge - 1324 Murphy Hill Road, Langston, AL 35755 - U.S.A. (+/- 750 sq.ft.)

Your booking confirmation will provide the exact property name and address.

3. Maximum Occupancy & Pricing

The maximum number of guests is limited to 5 persons, including children/infants. Base rate covers up to 4 guests using provided beds. 5th guest fee: $45 per person, per night (sleeps on couch with provided linens). Guests exceeding 4 people may only use designated beds plus the couch for sleeping.

All guests in the party must be disclosed to the host upon booking.

We rent to responsible groups only and reserve the right to rent to persons 25 years of age or older. Any persons under 25 years of age will not be allowed to check in and will be liable for lost rents and other damages if property is not re-rented. No high school or college groups are permitted regardless of age. Any group whose behavior creates a disruption or interferes with their neighbor’s peaceful enjoyment of their property will not be allowed to stay and no refund of rent fees will be made. Any group misrepresenting themselves will be denied occupancy and no refund of rent fees will be made.

4. Term of the Stay

The vacation rental stay begins at 3:00 PM local time on “Check-in Date” as identified on the reservation confirmation and ends at 11:00 AM local time on “Check-out” as identified on the reservation confirmation. Keys, if provided, should be returned to the Host or left in the property and all doors and windows secured upon leaving the property. Failure to adhere to the check-out time may result in an additional late fee set at minimum $250 unless discussed and approved in advance of the stay.

5. Minimum Stay

This property requires a 2 night minimum stay. Longer minimum stays may be required during holiday periods. Even if the Guest stays for 1 night, the Guest pays for 2 nights.

6. House Rules

Guest agrees to abide by the House Rules and Welcome Guide at all times while at the property, and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while residing at the property.

7. Access

Guest shall allow Host and property agents access to the property for purposes of repair, inspection or emergency. Host shall exercise this right of access in a reasonable manner by giving at least one hour notice (unless in case of emergency).

8. Rental Rate and Fees

A. Damages: All damages during the Guest’s stay must be reported to the Host immediately.

Immediately upon arrival, if the premises appear dirty or damaged upon check-in, Guest shall inform the Host immediately. Guests agree to be responsible for any damages to the premises during their rental stay. This includes damages to the furnishings and household items that result from the action or inaction of Guests or their invitees, excluding normal wear and tear. Guests further agree to reimburse VIVES-PHILLIPS (ViP) LLC for collection costs, if necessary, and reasonable attorney fees.

After Guest’s departure, the Property is inspected and inventoried for damages and missing items. Alabama law allows 30 days from departure date for damages to be assessed and billed or accounted to Guest. Guest agrees that if they do not report all losses or damages to VIVES-PHILLIPS (ViP) LLC no later than the departure date, all claims will therefore be the responsibility of Guest.

Guest is responsible for any intentional damage due to willful negligence of the rented Property, as well as any items missing from the rented Property after Guest’s departure. Guest will be notified in writing, and Guest agrees that charges related to intentional damage caused by willful negligence, or cost of replacement for missing items, can be processed on Guest’s credit card on file provided VIVES-PHILLIPS (ViP) LLC does not receive payment from Guest within 10 days of notification.

Pet Damage: In the event that Guest's pet(s) cause damage to the property, furnishings, or contents, Guest agrees to pay all costs for repair or replacement at current market rates. Payment is due immediately upon assessment of damages.

Refer to the attached Pet Policy for complete terms and conditions regarding pet stays.

B. Rental Rate: Payment in full of the following base nightly rate plus fees shall be due within 48 hours of booking confirmation and prior to arrival.

Base Nightly Rate - as identified on your reservation confirmation. Rate Changes – Prior to a confirmed reservation, rates are subject to change without notice.

Cleaning Fee - $125 per stay (This is for a general turnover and normal cleaning. If there is an excessive mess that requires extra cleaning and time, additional fees will apply.)

Lodging Taxes/Management Fee - 9% of lodging rate / $20 per stay

Pet Fee (if applicable) - $25 (XL breed $75) per pet, per stay (This is not a pet deposit for damages or pet cleaning fee - see Pet Policy.)

9. Cancellation Policy

If Guest wishes to cancel the reservation, paid pre-payments will be refunded as follows:

100% if canceled 14 days prior to the Check-in Date or earlier.

50% if canceled 7 days prior to the Check-in Date or earlier.

0% if canceled after.

The Host may also be entitled to cancel the Guest stay if house rules are broken during the rental period.

If booked through third-party platforms such as Airbnb, VRBO, Booking.com, etc., please refer to their cancellation policy as identified on your reservation confirmation.

For all other reservations once rental fees have been paid and accepted by VIVES-PHILLIPS (ViP) LLC, that money is considered non-refundable. If a reservation is canceled the guest will be responsible for any lost rent and other damages if the property is unable to be re-rented for the same period for an equal or greater amount. If the property is re-rented, then and only then, will a refund be made less a cancellation fee of $250.00 and 5% credit card processing fee. All cancellations must be requested in writing by e-mail or letter. If the property is re-rented for less than the original amount, the Owner remains entitled to the full rental fee. Any remaining rent after the Owner is paid, less the cancellation fee of $250.00 and credit card processing fee will be refunded to the Guest. Refunds will be payable to the cancelling Guest within 45 days after the subsequent re-rental. It is recommended that all Guests obtain Travel Insurance.

10. Travel Insurance

Since accidents, delays or illness are unforeseen that may prohibit Guests from traveling or fulfilling rental terms and cancellation fees, etc. of non-refundable fees/payments may apply depending on when you have to cancel, we encourage all Guests to purchase travel insurance. Travel insurance is available through various third-party providers. Guest may purchase coverage at their discretion from the provider of their choice.

Storm Policy/Road Conditions – No refunds will be given for storms. We do not refund due to weather or road conditions. To protect against cancellations caused by unforeseeable events such bad weather, we encourage all guests to purchase trip cancellation/interruption insurance.

Safely offers travel insurance.

The maximum length of coverage is 180 days in Alabama.

Go to https://travel.safely.com/quote?referral=1738 to purchase your travel insurance.

Please review their policy at: https://safely.com/travel-insurance

Please protect your travel so you can Safely enjoy your vacation.

The information above is provided by Safely and subject to change. Please refer to Safely for any updates regarding their travel insurance policy.

11. Payment

Reservations and Receipt of Rent - Rental payment is paid in full once your reservation is accepted and paid to VIVES-PHILLIPS (ViP) LLC, as agent for the owner of the rental property, hereafter referred to as “Owner/Host”. If the payment fails for any reason, it is the responsibility of the Guest/Tenant to make sure that any balance is promptly paid in full (i.e. added pet fee, extra guest fee, etc.) or the reservation will be canceled with no refund of payment made.

Acceptable payment methods are: Major credit cards through Stripe for direct website bookings

Refer to Third-party platforms for their own acceptable payment methods.

All payments, unless otherwise specified by the third-party booking platforms, will be processed on my short-term rental website at the URL: www.thevipcabins.com

Disbursement of Rent and Third-Party Fees – Guest authorizes VIVES-PHILLIPS (ViP) LLC to distribute Rent to the Owner prior to Guest’s occupancy of the Premises as permitted under the Vacation Rental Act. Guest also authorizes VIVES-PHILLIPS (ViP) LLC to disburse, prior to Guest’s occupancy of the Premises, any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Guest, including but not limited to any fees set forth herein payable to VIVES-PHILLIPS (ViP) LLC for reservation, transfer or cancellation of Guest’s tenancy.

Bank Account – Any advance payment made by Guest shall be deposited in a bank account with Regions Bank. Guest agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, VIVES-PHILLIPS (ViP) LLC.

Guest: By my booking confirmation, I hereby give:

Permission to charge my method of payment for the amounts above.

I agree that all rental monies are non-refundable per cancellation policy above.

I have read my rights to purchase travel insurance.

ADDITIONAL TERMS OF THIS AGREEMENT

THIS IS A SHORT-TERM/VACATION RENTAL AGREEMENT UNDER THE STATE OF ALABAMA AND JURISDICTION OF MARSHALL COUNTY AND MANY OF THE TERMS AND CONDITIONS OF THE AGREEMENT ARE GOVERNED BY THOSE STATUTES. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF FEES/RATES PRIOR TO ARRIVAL AND EXPEDITED REMOVAL OF GUESTS. YOUR SIGNATURE ON THIS AGREEMENT OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY AS A SHORT-TERM/VACATION RENTAL.

1. Maintenance – Guest is to report any problems to VIVES-PHILLIPS (ViP) LLC (or “Owner”) immediately upon discovery or occurrence. Guest agrees to comply with all obligations imposed by this agreement with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and as safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Guest uses. Guest agrees not to use the Premises for any activity 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 immediate termination of this rental agreement without refund. No firearms, explosives or fireworks permitted on the property. If state or local authorities order a mandatory evacuation of an area that includes premises, Guest shall comply with the order. There will be no refunds of rent or fees due to issues over which Owner has no control such as breakdown of appliances, air conditioners, or other conditions so long as they do not render the property unfit and uninhabitable.

2. Smoke Detectors - The Alabama General Assembly places upon the Guest the duty to notify the rental agent in writing of the need for replacement of or repairs to a smoke detector. Smoke detectors are in use and will provide an alert for any detected smoke. Please check that all smoke detectors in the unit are in working condition immediately upon arrival.

3. Deterred Occupancy – Under no circumstances will the Owner be liable for any consequential damage, including but not limited to, any expense incurred as a result of Guest’s moving or renting another property at additional cost. We will make every effort to make this a most enjoyable vacation. However, no refunds will be given for inclement weather, Mandatory Evacuation, neighboring construction, insects, noise, loss of view, breakdown of appliances, or air conditioners, interruption in television, telephone, or internet services, or for any conditions for which there is coverage in Travel Insurance. If at the time Guest is to begin occupancy of the Premises, Owner cannot provide the premises in a fit and habitable condition outside of an event covered by travel insurance offered, Owner shall refund to Guest all payments made by Tenant.

4. Noise, Construction, Insects or Loss of View – Owner will not be held responsible for disruptions to the Guest’s enjoyment due to construction projects, traffic, neighboring properties, insects or any other circumstances beyond our control. Local weather conditions and our tropical environment means that palmetto bugs (aka water bugs and roaches, despite their differences) and ants are a reality in Lake Guntersville. We understand that bugs are creepy to certain guests so we do our very best to keep the pests away by performing a quarterly pest control service. An occasional tree bug or line of ants in this part of the world is a fact of life and does not mean that the property has been poorly maintained. Please keep in mind that regular pest control cannot guarantee that every bug will be kept out of the property. It does serve to keep them from living very long if they do find a way inside. Therefore, finding a dead bug here or there is actually a good thing and means that the pest control treatment is doing its job. However, should you experience any issues, we will happily arrange for a pest control service call. Please note that refunds will not be given for Pest Control issues. During your stay, there are things you can do to help us prevent bugs: Store all food in airtight containers, clean up crumbs and spills immediately, do not leave dirty dishes and utensils in the sink, and take out trash daily.

5. Force Majeure - Owner cannot be held liable or accountable for Guest or property damages due to forces beyond our control including, but not limited to, electrical surges, electronic device malfunctioning, lightning, flooding, hail, wind, storms, strikes, lock-outs, acts of utility companies or government authorities, or any other matter beyond the reasonable control of Owner.

6. Grilling & Fire PIt - Use of grills and fire pit on any wooden deck, porch, balcony or similar structure is strictly prohibited.

7. Accommodations – The house is set up for normal housekeeping including a coffee maker, and toaster, plenty of pots, pans and utensils for cooking and baking, and cleaning tools. Owner will not be responsible for providing any additional furnishings or equipment. All beds will have mattress pads, pillows, bedspreads and/or blankets. Bedding is listed only to accommodate flexibility in sleeping arrangement and not to represent occupancy. Owner is not responsible for any disparity between the property condition and the Guest’s expectations.

8. Telephones – There is no landline telephone in the cabins. Guests are encouraged to bring their own cell phone. Please note due to the remote nature of the property (up mountain and by the lake), depending on your carrier, the cell service may not work properly. No Telephone service is guaranteed.

9. Internet - These services are offered by the local internet provider, and therefore, places the function beyond the control of either Owner. No refunds will be offered for any interruption to these services or for any lack of promptness in response time to any interruption in service.

10. Falsified Reservations – Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.

11. Expedited Removal - Pursuant to local ordinances, any Guest who rents a residential property subject to a vacation rental agreement for 179 days or less may be removed from the property in an expedited proceeding brought by the Owner/Host if the Guest does one of the following: (1) Holds over possession after his or her Stay has expired. (2) Has committed a material breach of the terms of this short-term rental agreement that, according to the terms of this agreement, results in termination of his or her Stay. (3) Fails to pay rental fees as required by this agreement. (4) Has obtained possession of the property by fraud or misrepresentation. Only the right to possession shall be relevant in an expedited removal proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action.

12. Indemnification and Hold Harmless – Guest agrees to Indemnify and hold harmless VIVES-PHILLIPS (ViP) LLC or the Owner from and against any liability for personal injury, property damage, loss or theft sustained by any person (including Guest’s visitors) as a result of any cause, unless caused by the negligent or willful act of VIVES-PHILLIPS (ViP) LLC or the Owner, or the failure of VIVES-PHILLIPS (ViP) LLC or the Owner to comply with this agreement.. Guest acknowledges waiver of liability including use of special features such as but not limited to loft ladders, hot tubs, whirlpools, pools, grill, fire pits, elevators and agrees that use of features by tenant or tenant’s guests is at their own risk.

13. Assignment - Guest shall not assign this Agreement or sublet the Premises in whole or part without written permission of VIVES-PHILLIPS (ViP) LLC or the Owner.

14. Right of Entry - Guest agrees that VIVES-PHILLIPS (ViP) LLC, the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises to make such repairs, alterations, or improvements, thereto as VIVES-PHILLIPS (ViP) LLC or the Owner may deem appropriate.

15. Property Transfer/Sale: If the property is sold or transferred during your reservation period:

Short-term stays (ending within 179 days of sale):

Your rental agreement remains valid with the new owner

You have the right to complete your stay as agreed

Long-term stays (ending more than 179 days after sale):

New owner may choose whether to honor this agreement

If not honored, you're entitled to a full refund of prepaid amounts

Required notifications:

New owner must notify you within 10 days of transfer

Notice must include: new owner's contact information, transfer date, and whether your agreement will be honored

All prepaid funds must be transferred to you or the new owner within 30 days

Involuntary transfer (foreclosure, etc.):

If property is lost before your stay begins, full refund required within 60 days

16. Cancellation Policy: If you cancel your reservation or violate this agreement, the Host has no obligation to find replacement guests or reduce damages owed. You remain responsible for all fees and penalties as outlined in this agreement.

17. Legal Terms: Severability: If any part of this agreement is found invalid by a court, the rest remains in effect. Invalid sections will be replaced with similar valid terms that achieve the same purpose.

Important Notice: THIS IS A LEGALLY BINDING CONTRACT. You are advised to consult an attorney if you have questions about your rights and obligations. Interpretation: Section headings are for reference only. Terms like "guest" include singular and plural as appropriate. This contract will not be interpreted against either party simply because they drafted it.

18. Legal Jurisdiction: This agreement is governed by Alabama state law and local ordinances. Any legal disputes must be filed and resolved exclusively in Marshall County, Alabama courts. By signing this agreement, you consent to Marshall County jurisdiction and agree to accept legal documents served outside Alabama if necessary.

19. Lost and Found – We will not be responsible for any items left in the unit. Found items will be returned. Any expense incurred will be the responsibility of the guest, including but not limited to shipping and a $10 handling fee. Items unclaimed within 30 days of check out will be donated to a local charity.

20. Written Exceptions – Any exceptions to the above-mentioned policies must be approved in writing in advance.