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RENTAL AGREEMENT

 

"Guest" means the individual who executes this Agreement (the "Booking Guest") and any other person who occupies, enters, or uses any Resort Accommodations, resort property, Amenities, or any other related property in connection with this Agreement, including, without limitation, all members of the Guest's party, invitees, visitors, or occupants.

 

As used in these Terms, "Parkside Resort" shall collectively refer to the resort property, all Resort Accommodations operated or managed by Parkside Resort, the applicable homeowners' association, and any and all related parties, including owners, managers, operators, members, employees, agents, and affiliates.

 

As used in these Terms, "Resort Accommodation(s)" refers to any cabin, tepee, or other lodging or overnight stay options offered by Parkside Resort, as well as any Amenities owned or operated by Parkside Resort.

 

BOOKING RESPONSIBILITY

 

The Booking Guest represents and warrants that they are accepting this Agreement on behalf of themselves and all members of their party, invitees, and occupants, and that all such persons are bound by this Agreement. The Booking Guest agrees to inform all occupants, invitees, and any other persons who enter the Property of the terms and conditions of this Agreement and accepts full responsibility for their compliance.

 

By entering, occupying, or remaining on the Property, each such person acknowledges notice of this Agreement and agrees to be bound by its terms.

 

All members of the Booking Guest's party, invitees, and occupants are bound by this Agreement in its entirety, including, but not limited to, all house rules, liability provisions, assumption of risk, acceptance, exculpation, governing law, venue, and arbitration provisions, to the same extent as if each such person were a signatory to this Agreement.

 

ACCEPTANCE

 

Guest acknowledges and agrees that acceptance of these Terms and all incorporated policies and clauses occurs upon any of the following actions: through receipt of actual or constructive notice of the existence of these Terms, whether verbally, by telephone, electronically, in writing, or otherwise; clicking or otherwise acknowledging the existence of these Terms; booking or reserving the property; submitting payment; occupying or using Resort Accommodations or any Amenities; or booking through any third-party platform or service.

 

Guest further acknowledges that such actions constitute acceptance of these Terms regardless of whether the Guest has read or reviewed each provision.

 

Guest further acknowledges and agrees that, if this Agreement is signed after payment has been submitted, the Guest had actual or constructive notice of the existence of these Terms and their applicability prior to making payment, and that such payment constituted acceptance of these Terms.

 

RESERVATIONS AND CANCELLATIONS

 

Reservations are confirmed upon payment of the required deposit and are nonrefundable. No changes or cancellations are permitted unless trip insurance has been purchased. If a reservation is canceled for any reason, all payments made will be forfeited.

 

In the event of a malfunction or failure of appliances, whirlpools or hot tubs, heating or air conditioning systems, or any public utilities, including satellite or cable television, reasonable efforts will be made to correct the issue as promptly as practicable. Parkside Resort shall not be required to provide refunds, credits, or compensation for any such failure or interruption.

 

All units are privately owned and may be removed from the rental program, including due to sale by the owner. If this occurs after a reservation is made, Parkside Resort reserves the right to relocate the reservation to another unit of equal or greater quality. Unit descriptions, features, and amenities are subject to change without notice. Parkside Resort is not obligated to provide replacements, refunds, or compensation for the absence or failure of any item or utility.

 

GUEST RESPONSIBILITIES

 

Guests assume full responsibility for any damage to any Resort Accommodations, excessive cleaning required, or missing items. Guests may not move any furniture inside or outside any Resort Accommodations.

 

Guest agrees to comply with all written policies, procedures, rules, and regulations of Parkside Resort as provided or made available.

 

GOVERNING LAW AND ARBITRATION

 

This Agreement shall be governed by and construed exclusively in accordance with the laws of the State of Tennessee, without regard to the laws of any other jurisdiction. Any claim, dispute, or action arising out of or relating to this Agreement that is not subject to mandatory arbitration shall be brought exclusively in the state courts located in Sevier County, Tennessee. The parties expressly waive any right to remove such action to federal court and consent to exclusive jurisdiction and venue in Sevier County.

 

Any claim, demand, or dispute arising out of or relating to this Agreement that allegedly exceeds Thirty Thousand Dollars ($30,000) shall be resolved exclusively by binding arbitration rather than in court. The party asserting damages in excess of $30,000 bears the heightened burden of proving and must establish, by clear and convincing evidence, that actual, non-speculative damages exceed $30,000. The arbitrator shall determine this issue as a preliminary matter within the arbitration. If the arbitrator determines that the asserted damages exceed $30,000, the claim shall proceed in arbitration on the merits. If the arbitrator determines that the asserted damages do not exceed Thirty Thousand Dollars ($30,000), such determination shall be final and binding, and the claim shall be dismissed or limited to a maximum recovery of Thirty Thousand Dollars ($30,000), with no right to relitigate damages in excess of $30,000 in any court.

 

The arbitrator shall be neutral and mutually agreed upon. If no agreement can be reached, a court of competent jurisdiction may appoint a neutral Arbitrator. Any arbitrator selected pursuant to this provision shall comply with the Federal Arbitration Act. The arbitration shall take place in Sevier County, Tennessee, and any judgment, confirmation, enforcement, or challenge to the arbitration award shall occur exclusively in the state courts of Sevier County, Tennessee.

 

Parkside Resort shall be responsible for payment of the arbitrator's fees and administrative arbitration costs. Each party shall bear its own attorneys' fees, costs, and expenses incurred in connection with any claim, dispute, or proceeding arising out of or relating to this Agreement, regardless of outcome.

 

AGENCY AND DISCLAIMER

 

If furniture is moved or relocated, liquidated damages of $250 will be charged. Missing remote controls will incur liquidated damages of $45 per remote.

 

This rental property is operated by Parkside Resort, which acts solely as an agent for the property owners. To the fullest extent permitted by law, Parkside Resort shall not be liable for any loss, expense, damage, claim, injury, or liability, whether direct, indirect, incidental, consequential, or otherwise, as governed by the Exculpatory Clause. Parkside Resort reserves the right to refuse or discontinue service to any person and/or to rescind any agreement for accommodations at its discretion. All properties are privately owned, and neither Parkside Resort nor the Owners shall be responsible for accidents, personal injury to Guests, or the loss of money, jewelry, or other valuables of any kind; as governed by the Exculpatory Clause.

 

ASSUMPTION OF RISK

 

Guest acknowledges that the use of amenities provided by Parkside Resort — including but not limited to swimming pools, pool cabins, hot tubs, fitness facilities, recreational areas, putt-putt course, arcade, restaurant and grille areas, walking paths, parking areas, and all other common areas (collectively "Amenities") — involves inherent risks of personal injury, illness, death, and property damage.

 

Guest understands that certain Amenities may be unattended, that no lifeguard will be on duty at swimming pools, and that safety signage, warnings, or instructions may not be present or may be incomplete at all times. Guest voluntarily assumes all risks associated with the use of the Amenities, whether such risks are known or unknown, inherent or incidental, foreseeable or unforeseeable, and whether arising from the condition of the Amenities, the use or misuse of equipment, environmental conditions, operational features such as pool or hot tub cover, or the actions or inactions of other Guests or third parties. Guests further acknowledge that use of the Amenities is voluntary and agree to exercise reasonable care and judgment while using any Amenity. Any injury, loss, or damage resulting from unreasonable, unsafe, or reckless behavior occurs at the Guest's own risk. The pool cover may only be operated by authorized individuals familiar with its proper use and must never be operated while anyone is in the pool. All children under the age of eighteen (18) must always be under adult supervision while using any Parkside Resort common areas, including swimming pools, the putt-putt course, game arcade, grille, fitness room, and other amenities.

 

Guests further acknowledge that all accommodations, being independently owned, and the surrounding property contain inherent conditions, including but not limited to steep slopes, elevation changes, railings, stairs, hot tubs, bathtubs, and varying railing heights, which present natural and unavoidable risks of injury. Guest further acknowledges that each Resort Accommodation has received a certificate of occupancy and is deemed to be in proper condition at the time of occupancy. Guests voluntarily assume all risks associated with these inherent property features and conditions during their stay.

 

FORCE MAJEURE

 

Parkside Resort shall not be liable for any delay, interruption, cancellation, injury, loss, damage, or failure to perform resulting from events beyond Parkside Resort's reasonable control. These events include, but are not limited to, acts of God, severe weather, high winds, flooding, lightning, fire, wildfire, earthquakes, power outages, government orders, evacuations, or road closures.

 

Guests acknowledge that Parkside Resort does not control or maintain road conditions, driveways, walkways, decks, or surrounding terrain and shall have no obligation to provide emergency assistance, emergency access, or assistance before, during, or after inclement weather events. Guests voluntarily assume all risks associated with occupying the property and traveling to or from the property during periods of inclement or hazardous weather, including but not limited to snow, ice, rain, flooding, high winds, or other adverse conditions.

 

INTEGRATION

 

This Agreement is the full and complete agreement between the parties, and it replaces all prior or contemporaneous discussions or agreements, whether written or oral, except for the additional Tepee Waiver, which is expressly incorporated by reference. No parol evidence, oral statements, or prior communications shall be admissible to contradict, vary, or supplement the terms of this Agreement or the incorporated waiver. Any changes to this Agreement must be in writing and signed by all parties.

 

EXCULPATORY CLAUSE AND LIABILITY WAIVER

 

To the fullest extent permitted by Tennessee law, Guest hereby releases, waives, and discharges Parkside Resort, inclusive of the Owners, from any and all claims, demands, causes of action, losses, damages, injuries, or liabilities of any kind arising out of or related to Guest's stay, use, or occupancy of resort property, amenities, or accommodation. This release applies to all claims, whether arising in contract, tort, negligence, or otherwise, including claims for personal injury, illness, death, property damage, or economic loss, except to the extent caused by the gross negligence or willful misconduct of a released party. Guest acknowledges that this release is knowing, voluntary, and a material condition of the reservation and agrees that no released party shall be liable for ordinary negligence.

 

SEVERABILITY

 

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect as to give effect to the intent of the parties.

 

PRIVACY

 

Parkside Resort respects the privacy of its Guests and is committed to protecting the personal information provided in connection with reservations, accommodations, and related services. Personal information collected from Guests will be used solely for legitimate business purposes and will not be sold or rented to third parties.

 

TEPEE WAIVER

 

This Waiver applies to any and all persons who stay in, occupy, enter, or otherwise use a Tepee and to any individual who sets foot on a Tepee or any portion of the surrounding property. By entering a Tepee or property, each such person agrees to be bound by this Waiver in full, whether or not they are a named Guest on the reservation. This Waiver expressly adopts and incorporates all definitions and term meanings set forth in the Rental Agreement, which shall apply equally to this Waiver.

 

TEPEE POLICIES

 

No Pets: No pets or animals are permitted in a Tepee or its surrounding property at any time.

No Smoking: Smoking of any kind is strictly prohibited inside any Tepee.

No Cooking: Cooking of any kind inside a Tepee is strictly prohibited.

No Roasting Food: Making s'mores or roasting food on the fire pits is strictly prohibited.

Food Storage: All food must be stored in the refrigerator at all times to avoid wildlife.

 

ASSUMPTION OF RISK

 

Guest acknowledges and voluntarily assumes all risks associated with the "Tepee(s)", which are outdoor glamping accommodations. These risks include, but are not limited to, changing weather conditions, high winds, rain, cold or heat, insects, wildlife, steep uneven ground, limited lighting, fire pits, and the inherent characteristics of canvas structures. The Guest understands that a Tepee is not a traditional building and does not provide the same level of protection that traditional structures provide.

 

Guest acknowledges that the property is located in an area where bears and other wildlife may be present and assumes all risks associated with wildlife encounters, including attempts by animals to enter a Tepee or any surrounding areas, and releases Parkside Resort, inclusive of the Owners, from any liability arising from such risks to the fullest extent permitted by law.

 

If forecasted or observed peak wind speeds exceed 50 miles per hour, Guest assumes full responsibility for vacating the Tepee and checking out immediately. Failure to do so is at the Guest's own risk. The Guest acknowledges that power outages may occur due to weather or utility failure, and that any power outage affecting the Tepee constitutes an immediately required checkout.

 

Guest knowingly and voluntarily assumes all risks, hazards, and consequences arising from unreasonable, unsafe, negligent, reckless, or prohibited actions.

 

By booking, occupying, or otherwise entering a Tepee, the Guest confirms understanding of these risks and agrees that Parkside Resort, inclusive of the Owners, or any of their agents, is not responsible for injury, loss, damage, inconvenience, or expenses arising from such conditions.

 

EXCULPATORY CLAUSE AND LIABILITY WAIVER

 

To the fullest extent permitted by Tennessee law, Guest hereby releases, waives, and discharges Parkside Resort, inclusive of the Owners, from any and all claims, demands, causes of action, losses, damages, injuries, or liabilities of any kind arising out of or related to Guest's stay, use, or occupancy of resort property, amenities, or accommodation. This release applies to all claims, whether arising in contract, tort, negligence, or otherwise, including claims for personal injury, illness, death, property damage, or economic loss, except to the extent caused by the gross negligence or willful misconduct of a released party. Guest acknowledges that this release is knowing, voluntary, and a material condition of the reservation and agrees that no released party shall be liable for ordinary negligence.

 

LIQUIDATED DAMAGES

 

Guest acknowledges that damage to Tepee canvas causes losses that are difficult to accurately calculate due to material cost, downtime, labor, and loss of future bookings. Accordingly, Guest agrees that any puncture, tear, burn, or penetration of any portion of the Tepee canvas constitutes liquidated damages in the amount of Five Hundred Dollars ($500) per incident, in addition to the actual and direct cost of repair or replacement.

 

In the event any pet is found in a Tepee, Guest agrees to pay liquidated damages in the amount of $50 per pet, per day, plus the full cost of repairing or replacing any visible damage caused by the pet. The parties agree that the Tepees are constructed of specialized materials that are particularly attractive to many animals and that the actual damages resulting from pet presence and damage are difficult to ascertain with certainty, making this liquidated damages amount a reasonable estimate.

 

Smoking of any kind inside the unit is strictly prohibited, and any violation will result in liquidated damages of $500 per occurrence, plus all costs required to remediate, deodorize, and restore the unit to a smoke-free condition. The parties agree that smoke odor and residue cause damage that is difficult to quantify and that these liquidated damages represent a reasonable estimate of anticipated harm.

 

The Guest expressly authorizes the Owners to charge a credit card on file for any liquidated damages, actual damages, or repair costs under this Agreement, and the Guest waives any right to dispute, reverse, or initiate a chargeback for any damage that occurs.

 

INTEGRATION

 

This Agreement constitutes the entire and complete agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, negotiations, or understandings, whether written or oral, other than Parkside Resort's ("Rental Agreement"). No parol evidence, oral statements, or prior communications shall be admissible to contradict, vary, or supplement the terms of this Agreement other than the Rental Agreement. Any amendment or modification must be in writing and signed by the Owners to be effective. In the event of any conflict between this Waiver and the Rental Agreement, the Rental Agreement shall control and supersede with respect to all matters addressed herein. By signing below, Guest acknowledges and agrees to the terms of both the Rental Agreement and the Tepee Waiver.

 

AUTHORIZATION

 

I HAVE AUTHORIZED PARKSIDE RESORT TO CHARGE THE CREDIT CARD NUMBER I HAVE GIVEN FOR THE RESERVATION. I ALSO AGREE TO ALL TERMS IN THIS RENTAL AGREEMENT.

 

[Signature]

 

RENTAL POLICIES

 

Please Note: You must be 25 years of age or older to rent a cabin or tepee, unless an exception has been made by a member of management in advance.

 

Reservation Policy: When a reservation is made, 50% of the reservation amount, including tax and any applicable fees, is expected as a deposit. When that deposit is received, the reservation is considered confirmed and an email will be sent as acknowledgement of that deposit and confirmation. The balance of the reservation, fees, and tax will be charged to the credit card on file 10 days prior to your arrival. If you wish to charge that balance to a different card, you must contact our office 10 days prior to your arrival and provide the new card information. Otherwise, the balance will be charged to the card on file. At that time, you will be sent via email an updated confirmation as well as directions to your unit.

 

Check In/Check Out Times: Check in time begins at 4:00 p.m. Early check-ins are not available. During peak times there may be a slight delay and your patience is appreciated. On the day of your arrival, you may check in at our office at: 1110 Rocky Creek Way, Pigeon Forge, TN 37863 any time after 4:00 p.m. to get the key code for your cabin. If you will be arriving after 9:00 p.m. please make our office aware of this. Check out time is 11:00 a.m. Starting May 1, 2026, check out will be at 10:00 a.m. An additional charge will apply for late checkouts.

 

Starter Set of Supplies: Upon arrival, we will provide you with paper towels, toilet paper, dish soap, dishwasher detergent, laundry detergent, shampoo, conditioner, bar soap, lotion, and garbage bags. Please note, this is a STARTER supply only.

 

Rates: Rates are subject to change without notice. ACCOMMODATIONS BY PARKSIDE, LLC will not be responsible for errors in confirmations, e-mail, etc. In addition to room rate, there will be a processing fee and cleaning fee that varies depending on cabin size as well as sales tax.

 

Occupancy: Occupancy is limited to the number of people booked into that unit only. House is only booked to accommodate the number that the house will hold per sleeping arrangement. This number is to include all children and adults. Occupancy limits will be strictly enforced. Guests violating these rules will be asked to leave the premises forfeiting all remaining rent. This is considered a fire code violation. We do not tolerate ANY type of house party. If you are found having a house party, you will be asked to leave and law enforcement may be called if necessary. There will be no refunds if you are required to depart due to a house party.

 

Parking: Parking is limited to one car per bedroom.

 

Travel Insurance: This is available, please call our office for details.

 

Pets: We have established a NO PETS policy. If a pet is found in a cabin, this is a violation of our policy; you will be asked to leave forfeiting all remaining rent and any security deposit. There will also be a $500 cleaning fee charged to you to cover the carpet and furniture cleaning. Following A.D.A. and The State of TN guidelines, we do not allow "emotional support" animals. If you are bringing a "service" animal, we do need you to let us know this PRIOR to your arrival.

 

Theater Room: Some of our cabins are equipped with sophisticated electronics such as home theater rooms with surround sound systems. If the home theater, TV, DVD, or cable equipment is found disconnected, there will be a fee of $100 charged to you for reconnection. GAME SYSTEMS ARE NOT TO BE CONNECTED TO THE HOME THEATERS. For fire safety reasons, sleeping in the theater room is strictly prohibited. Guests must keep all walkways and exits clear and must not place bedding, mattresses, or other items in the theater room.

 

Pest Control: We perform regular pest control in all our rental cabins to ensure the best guest experience. However, because our cabins are in wooded mountain areas, they may not be completely pest-free. You may notice ladybugs or stink bugs. Both are harmless and often gather in large numbers. They are non-native insects that become more active in cooler months as they seek warm, sheltered areas. If either insect appears in your cabin, please contact our office, and we will assist you as best we can. Please note that we do not offer refunds for the presence of these insects.

 

No Smoking Policy: All our homes have a strict non-smoking policy. Smoking of any kind, including cigarettes, cigars, vaping, or other tobacco products, is prohibited inside the cabins and any enclosed areas. Rules are strictly enforced. If smoking is detected inside the cabin after your departure, guests will be subject to additional cleaning and damage charges.

 

Noise Policy: The resort maintains quiet hours between 11pm and 7am. I understand that if my party can be heard outside of our cabin during our stay, there will be a visit from security with one warning. If it requires any subsequent security visits, I will be charged $250 and required to vacate the cabin at that time with no refunds. Guests will immediately be evicted for any disorderly conduct deemed unsafe by Accommodations by Parkside, LLC. Guests agree not to behave in any unlawful or improper manner in or around his/her rented property, nor shall unreasonably loud activities be carried out on any property or common areas. At no time are fireworks allowed in Parkside Resort. If we find your group lighting fireworks, there will be a $500 clean-up/disposal fee, and you will be required to check out with no refund. If there is any damage from the fireworks to Parkside Resort property or privately owned property, you will be responsible for the cost.

 

Hot Tubs: Hot tub covers will be inspected after each rental. Damages to any cover will result in a $600.00 charge. Please take care by removing and replacing the cover to prevent damage. In using the hot tub please do not use any oils or bubbles in the tubs — if so, there will be a $500 charge. Do not wear jewelry in the tub. Wearing makeup may cause a reaction due to the chemicals used in the tubs. Hot tubs are treated with bromine. If you have sensitivity to this chemical, please do not use the hot tub. We recommend that you shower before and after using the hot tub. If a cleaning service is required during your stay, you will be charged a $100 service fee for dumping and filling the hot tub. This can be caused by not showering prior to use of the hot tub. If you have any medical conditions, please contact your physician before using hot tub. Use the hot tub at your own risk. Please check water temperatures in the whirlpool, bath and hot tubs before entering.

 

Pool Tables: Some of our cabins are equipped with pool tables for guest enjoyment. There is a $25 charge for replacing broken pool sticks or missing pool balls. Any holes, tears, or other damage to the pool table felt will result in additional charges to repair or replace it. To help maintain the table and ensure safety, please do not place drinks or food on the pool table, and be mindful of your surroundings while playing. Take care to avoid hitting furniture, walls, or other items in the room with sticks or pool balls. Proper use helps everyone enjoy the table safely, and we appreciate your cooperation in keeping it in good condition for all guests.

 

Fireplaces: Fireplaces are disconnected and not to be used from May 1st through October 1st.

 

Garbage Pick Up: We do daily garbage pickup at each cabin. We ask that you ONLY place your garbage outside from 9 a.m. to 12 p.m. The garbage can only be placed in the wooden receptacle located outside your cabin.

 

TV Systems: Some of our cabins are equipped with televisions, pay-per-view services, and streaming capabilities. Guests are responsible for any charges incurred for pay-per-view programs, digital purchases, or streaming content ordered during their stay. These charges will be added to your bill after departure. Please do not attempt to bypass, tamper with, or modify the TV system, as doing so may result in additional fees and could disrupt service for future guests.

 

Check-Out Procedures: In the summer, set thermostat at 75 degrees, in the winter, set at 60 degrees upon your departure. Dishes need to be placed in dishwasher with cycle left running. Dispose of leftover food. Trash should be bagged and put in outside garbage cans (following trash pickup guidelines). Place all dirty towels in nearest tub or shower. Please leave the refrigerator on its original settings. If proper procedures are not taken, you may incur additional charges.

 

After Hours Calls: We have an afterhours answering service. If you have an emergency, please call 888-908-6066 and leave a message with the nature of your emergency and a phone number that you can be reached at. Otherwise, please call back during normal business hours, which are 9 a.m. to 9 p.m. eastern time.