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Waivers, Rules, and Policies

NEW MORNING RENTALS LLC

PROPERTY ACTIVITIES, AMENITIES, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND RELEASE AGREEMENT

This Property Activities, Amenities, Assumption of Risk, Waiver of Liability, and Release Agreement ("Agreement") applies to all guests, visitors, invitees, and participants associated with a reservation at properties owned, operated, managed, or offered by New Morning Rentals LLC ("Property").


By selecting "I Agree," checking an acknowledgment box, electronically signing, completing a reservation, entering the Property, or participating in any activity or use of any amenity, I acknowledge and agree to the following:


1. COVERED ACTIVITIES AND AMENITIES

This Agreement applies to all activities, amenities, equipment, and facilities available on or around the Property, including but not limited to:

• Sauna Pod

• Ice Pod and cold plunge facilities

• Outdoor showers

• Hammocks and swings

• Fire pits and outdoor fireplaces

• Grills, outdoor kitchens, and cooking equipment

• Telescopes and stargazing equipment

• Projectors, screens, and entertainment equipment

• Walking trails, wooded areas, and natural features

• Decks, platforms, stairs, pathways, and access routes

• Glamping tents, domes, cabins, shelters, and structures

• Parking areas and driveways

• Recreational games and outdoor equipment

• Any future amenities, activities, equipment, or facilities provided by New Morning Rentals LLC


2. ACKNOWLEDGMENT OF INHERENT RISKS

I understand that participation in outdoor recreation, lodging activities, wellness activities, and use of the Property involves inherent risks that cannot be eliminated regardless of the care exercised by New Morning Rentals LLC.


These risks include, but are not limited to:

• Falls, slips, trips, and collisions

• Uneven terrain and natural hazards

• Exposure to wildlife, insects, snakes, ticks, and plants

• Allergic reactions

• Burns and fire-related injuries

• Smoke exposure

• Heat-related illness

• Cold-related illness

• Drowning or immersion-related injuries

• Electrical hazards

• Equipment failure or malfunction

• Falling branches, trees, or natural debris

• Weather-related injuries

• Illness, disease, infection, or exposure to communicable conditions

• Property damage

• Serious bodily injury

• Permanent disability

• Death


I understand that outdoor and recreational activities involve known and unknown risks that may not be specifically listed in this Agreement.


3. HEALTH AND FITNESS REPRESENTATIONS

I represent and warrant that:

• I am physically capable of participating in activities and using amenities on the Property.

• I am not knowingly participating in any activity that my medical condition makes unsafe.

• I will not use wellness amenities while impaired by alcohol, marijuana, illegal drugs, intoxicants, or medications that may affect judgment or safety.

• I will immediately stop participation and seek assistance if I experience symptoms of illness, injury, dizziness, chest pain, breathing difficulty, loss of balance, confusion, or other concerning symptoms.


4. SAFETY REQUIREMENTS

I agree to:

• Follow all posted rules, instructions, warnings, and guidance.

• Use all amenities only for their intended purposes.

• Exercise reasonable caution and personal responsibility.

• Supervise children at all times.

• Not tamper with equipment or safety devices.

• Report unsafe conditions or equipment issues promptly.

• Respect all fire safety requirements and burn bans.

• Comply with all local laws and regulations.


5. ASSUMPTION OF RISK

I knowingly and voluntarily assume all risks associated with entering the Property, participating in activities, and using amenities, whether known or unknown, foreseeable or unforeseeable.

I understand and accept that these risks may result in injury, illness, emotional distress, disability, property damage, financial loss, or death.


6. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY NORTH CAROLINA LAW, I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE NEW MORNING RENTALS LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LANDOWNERS, AND PROPERTY MANAGERS ("RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, CAUSES OF ACTION, LIABILITIES, COSTS, EXPENSES, OR ATTORNEY'S FEES ARISING FROM OR RELATED TO MY PRESENCE ON THE PROPERTY OR USE OF ANY ACTIVITY OR AMENITY.

THIS RELEASE INCLUDES CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, ILLNESS, DISABILITY, OR DEATH.

THIS WAIVER DOES NOT APPLY TO CLAIMS THAT CANNOT BE WAIVED UNDER APPLICABLE LAW, INCLUDING CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.


7. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, liabilities, judgments, settlements, costs, expenses, and attorney's fees arising from:

• My actions or omissions;

• My violation of rules or laws;

• My misuse of Property amenities;

• The actions of any member of my reservation party;

• Any claim brought by a guest, invitee, family member, visitor, or minor associated with my reservation.


8. RESPONSIBILITY FOR PARTY MEMBERS

This Agreement applies to all members of my reservation party and any visitors I permit onto the Property.


I agree to communicate all safety information, warnings, restrictions, and Property rules to those individuals.


I accept responsibility for the conduct of all individuals associated with my reservation.


9. RESPONSIBILITY FOR MINORS

I represent that I am the parent, legal guardian, or authorized supervising adult of any minor participants associated with my reservation.


I accept full responsibility for supervising minors at all times.

I knowingly assume all risks associated with minors under my supervision and agree to release and hold harmless the Released Parties from claims arising from their participation to the fullest extent permitted by law.


10. PROPERTY DAMAGE

I accept responsibility for damage caused by me or any member of my reservation party.


I authorize New Morning Rentals LLC to seek reimbursement for repair, replacement, cleaning, restoration, or remediation costs resulting from misuse, negligence, intentional acts, or violations of Property rules, subject to applicable law and booking platform policies.


11. PHOTOGRAPHS, SECURITY CAMERAS, AND ELECTRONIC RECORDS

I acknowledge that portions of the Property may be monitored by exterior security cameras for safety, security, and operational purposes.

I understand that New Morning Rentals LLC may rely upon photographs, videos, security footage, booking records, electronic communications, identification records, and digital acknowledgments as evidence of guest conduct and acceptance of this Agreement.

No cameras shall be located in private interior living spaces, bathrooms, changing areas, sauna interiors, or other areas where a reasonable expectation of privacy exists.


12. EMERGENCY RESPONSE

I authorize New Morning Rentals LLC to contact emergency services if an emergency is reasonably believed to exist.


I understand that I am solely responsible for any medical, transportation, rescue, or emergency-related costs incurred on my behalf or on behalf of members of my party.


13. GOVERNING LAW

This Agreement shall be governed by and interpreted under the laws of the State of North Carolina.


Any legal proceeding arising from this Agreement shall be brought in a court of competent jurisdiction located in the county where the Property is located.


14. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.


15. ELECTRONIC ACCEPTANCE

Electronic acceptance of this Agreement, including selecting a checkbox, entering identifying information, electronically signing, or completing a reservation after presentation of this Agreement, shall constitute a legally binding acceptance equivalent to a handwritten signature.


16. GUEST CERTIFICATIONS

By accepting this Agreement, I certify that:

• I am at least eighteen (18) years of age.

• I am the reservation holder or authorized representative of the reservation.

• I have uploaded valid identification if requested.

• The information I have provided is accurate.

• I have informed members of my party of the risks associated with the Property and its amenities.

• I accept responsibility for supervising minors.

• I understand that participation in activities and use of amenities is voluntary.

• I understand that New Morning Rentals LLC is relying on these certifications.


ACKNOWLEDGMENT

BY SELECTING "I AGREE," COMPLETING MY RESERVATION, ENTERING THE PROPERTY, OR USING ANY ACTIVITY, FACILITY, OR AMENITY PROVIDED BY NEW MORNING RENTALS LLC, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.

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UTV Waiver

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Sauna Waiver

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Property Rules

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Our goal is to provide a peaceful mountain retreat where guests can relax, reconnect with nature, and enjoy a safe and enjoyable stay. By entering the Property, all guests agree to comply with these rules.

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Occupancy

Only registered guests may stay overnight.

Maximum occupancy limits must be observed at all times.

No unregistered overnight guests are permitted without prior written approval from management.

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Parties, Events, and Visitors

Timber + Mist is designed as a peaceful retreat experience. Unauthorized parties, events, gatherings, receptions, celebrations, commercial activities, or large group functions are strictly prohibited. Day visitors and non-registered guests are not permitted on the Property without prior written approval from management.

Approved visitors must depart by the designated visitor departure time established by management.

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The Reservation Holder is responsible for the conduct of all guests and visitors associated with their reservation. Any unauthorized event, party, excessive gathering, or violation of occupancy limits may result in:

• Immediate termination of the reservation without refund

• Removal of all guests and visitors from the Property

• Additional cleaning fees

• Damage charges

• Loss of future booking privileges

 

Management reserves the right to determine, in its sole discretion, whether an activity constitutes an unauthorized event, gathering, or party.

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Quiet Hours

Quiet hours are from 10:00 PM until 8:00 AM.

Please be respectful of neighboring guests, surrounding properties, and wildlife.

No amplified outdoor music, speakers, DJs, or sound systems are permitted during quiet hours.

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Children

Children must be supervised at all times.

Parents and guardians are responsible for the conduct, safety, and behavior of minors.

Children shall not be left unattended at campsites, accommodations, fire pits, wellness amenities, trails, parking areas, or other common areas.

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Wellness Amenities

Guests must follow all posted instructions for the Sauna Pod, Ice Pod, cold plunge, and other wellness amenities. Use of wellness amenities is voluntary and at the guest's own risk. Children may not use wellness amenities without direct adult supervision.

Guests should not use wellness amenities while impaired by alcohol, marijuana, illegal drugs, intoxicants, or medications that may affect safety.

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Fire Safety

Fires are permitted only in designated fire pits or approved fire features.

Fires must never be left unattended. Guests must comply with all local burn bans, drought restrictions, and fire safety requirements. Fireworks, sky lanterns, explosives, and similar devices are prohibited. Guests may be held financially responsible for damages resulting from improper fire use.

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Grills and Outdoor Cooking

Use grills, outdoor kitchens, and cooking equipment responsibly.

Guests are responsible for monitoring cooking equipment while in use.

Hot surfaces should never be left unattended around children or pets.

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Smoking

Smoking, vaping, and use of tobacco products are prohibited inside all accommodations, structures, tents, domes, cabins, and common buildings.

Smoking may be permitted only in designated outdoor areas if provided.

Evidence of indoor smoking, vaping, or tobacco use may result in additional cleaning and remediation fees of up to $500 or the actual cost of remediation, whichever is greater.

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Alcohol and Illegal Substances

Responsible alcohol consumption is permitted by adults of legal drinking age.

Illegal drugs, unlawful activity, public intoxication, and disorderly conduct are prohibited.

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Wildlife and Natural Environment

Guests acknowledge that the Property is located in a natural mountain environment where wildlife, insects, snakes, ticks, bears, plants, and other natural hazards may be present.

  • Do not feed wildlife.

  • Store food and trash securely.

  • Maintain a safe distance from all wildlife.

  • New Morning Rentals LLC is not responsible for wildlife encounters or natural environmental conditions.

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Property Respect

Do not damage, remove, alter, or misuse Property equipment, furnishings, structures, amenities, landscaping, or natural features. Report maintenance concerns or safety hazards immediately. Guests are financially responsible for damage caused by themselves, members of their party, pets, or visitors.

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Pets

Pets are permitted only with prior approval and compliance with any pet policies in effect. Guests are responsible for cleaning up after pets. Pets must not be aggressive, disruptive, or left unattended in a manner that creates safety concerns.

Any pet-related damages, excessive cleaning requirements, or disturbances may result in additional charges.

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Vehicles and Parking

  • Observe all parking instructions.

  • Drive slowly and cautiously throughout the Property.

  • Maximum speed limit is 10 MPH unless otherwise posted.

  • Off-road driving is prohibited.

  • ATVs, dirt bikes, UTVs, off-road vehicles, and similar recreational motorized vehicles are prohibited unless specifically authorized by management.

  • Unless otherwise approved, a maximum of two (2) vehicles per accommodation site is permitted.

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Firearms, Hunting, and Weapons

Guests must comply with all applicable federal, state, and local laws regarding firearms and weapons. Discharge of firearms, hunting, target shooting, archery practice, air rifles, pellet guns, BB guns, fireworks, explosives, or similar activities is prohibited anywhere on the Property.

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Generators

Personal generators are prohibited unless specifically approved in writing by management.

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Decorations

Guests may not use glitter, confetti, confetti cannons, balloon releases, smoke bombs, gender reveal materials, or similar products that create litter, environmental impact, or excessive cleanup requirements. Temporary decorations must be removed upon departure.

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Trails, Decks, and Outdoor Areas

Guests use trails, decks, platforms, stairs, bridges, outdoor structures, wooded areas, and natural features at their own risk. Exercise caution around uneven terrain, wet surfaces, steep areas, and natural obstacles. Stay on designated paths whenever possible.

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Technology, Utilities, and Internet

Guests acknowledge that the Property is located in a rural mountain environment.

Cellular service, internet connectivity, Wi-Fi performance, electrical service, water pressure, satellite services, and utility availability may vary due to weather, terrain, maintenance, provider outages, or other conditions beyond management's control.

Such interruptions shall not constitute grounds for refunds or compensation.

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Safety

Guests must follow all posted signs, safety instructions, and staff directions.

Guests should exercise caution around all amenities, trails, wellness facilities, decks, stairs, fire features, wooded areas, and outdoor recreation areas.

Guests are responsible for their own safety and the safety of members of their party.

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Prohibited Conduct

The following activities are prohibited:

• Illegal activity

• Disorderly conduct

• Excessive noise

• Harassment of guests, neighbors, or staff

• Property damage

• Possession or use of illegal substances

• Tampering with safety equipment

• Unauthorized parties or events

• Trespassing into restricted areas

• Use of prohibited motorized vehicles

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Violations

Timber + Mist Luxury Glamping and New Morning Rentals LLC reserve the right to remove guests, visitors, vehicles, pets, or personal property from the Property without refund for violations of these rules. Guests remain financially responsible for damages, excessive cleaning, legal costs, emergency response costs, and expenses arising from rule violations. Management reserves the right to modify these rules as necessary to promote guest safety, protect the Property, and ensure a positive experience for all guests.

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TIMBER + MIST LUXURY GLAMPING

RESERVATION, CANCELLATION, AND REFUND POLICY

Thank you for choosing Timber + Mist Luxury Glamping, operated by New Morning Rentals LLC. Our accommodations are prepared exclusively for each guest, and reservation dates are removed from inventory upon booking. By making a reservation, guests agree to the following terms.

Reservation Requirements

A valid payment method is required to secure all reservations.

Reservations are not guaranteed until payment has been successfully processed and confirmation has been issued.

The individual making the reservation must be at least eighteen (18) years of age and is responsible for all guests associated with the reservation.

Payment Terms

Full payment or the required deposit is due at the time of booking, depending on the rate selected.

Failure to make scheduled payments may result in cancellation of the reservation.

Standard Cancellation Policy

Guests may cancel their reservation according to the following schedule:

• More than 30 days before arrival: Full refund less a $50 administrative fee.

• 14–30 days before arrival: Fifty percent (50%) refund of the reservation total.

• Less than 14 days before arrival: No refund.

Cancellation requests must be submitted in writing through the booking platform, email, or other approved communication method.

Date Changes

One reservation date change may be requested at least fourteen (14) days before arrival, subject to availability.

Approved date changes must be used within twelve (12) months of the original reservation date.

Additional changes may incur administrative fees.

Management reserves the right to deny date-change requests based on availability or booking restrictions.

Early Departures and No-Shows

No refunds, credits, or adjustments will be provided for:

• Late arrivals

• Early departures

• Voluntary cancellations after check-in

• No-shows

• Unused nights

• Personal schedule changes

• Transportation issues

• Illness not covered by travel insurance

Weather Policy

Timber + Mist operates rain or shine.

No refunds, credits, or discounts will be provided due to:

• Rain

• Snow

• Wind

• Heat

• Cold temperatures

• Fog

• General weather conditions

• Wildlife sightings or lack thereof

• Natural outdoor conditions

Guests acknowledge that weather and outdoor conditions are part of the glamping experience.

Refunds or credits may be considered only if management determines that the Property must be closed, evacuated, or rendered inaccessible due to safety concerns.

Utility and Internet Interruptions

Because the Property is located in a rural mountain environment, occasional interruptions to utilities, internet, cellular service, satellite service, water service, or electrical service may occur.

No refunds or credits will be issued for temporary interruptions caused by weather events, utility providers, internet service providers, maintenance activities, equipment failures, or circumstances beyond management's reasonable control.

Force Majeure

New Morning Rentals LLC shall not be liable for cancellations, interruptions, or inability to provide accommodations due to events beyond its reasonable control, including but not limited to:

• Natural disasters

• Severe weather

• Flooding

• Wildfires

• Utility outages

• Road closures

• Government actions

• Public health emergencies

• Acts of terrorism

• Labor disputes

• Acts of God

In such circumstances, management may, at its sole discretion, offer alternative dates, credits, or partial refunds when feasible.

Guest Cancellations Due to Emergencies

Guests are strongly encouraged to purchase travel insurance.

Personal emergencies, illness, family matters, work conflicts, transportation issues, weather affecting travel, or similar circumstances do not automatically qualify for refunds outside the cancellation policy.

Security Deposits and Damage Charges

A security deposit or payment authorization may be required prior to check-in.

Guests are responsible for damage caused by themselves, members of their party, pets, visitors, or invitees.

Charges may include, but are not limited to:

• Property damage

• Missing items

• Excessive cleaning

• Smoking remediation

• Unauthorized pet fees

• Unauthorized guest fees

• Rule violation penalties

• Emergency response costs caused by guest conduct

Guests authorize New Morning Rentals LLC to charge the payment method on file for such costs, subject to applicable laws and booking platform policies.

Unauthorized Events and Rule Violations

Violation of Property Rules may result in immediate termination of the reservation without refund.

Examples include:

• Unauthorized parties

• Excessive occupancy

• Illegal activity

• Property damage

• Dangerous behavior

• Disturbances affecting other guests

• Violation of fire safety requirements

• Failure to comply with management instructions

Right to Refuse Service

New Morning Rentals LLC reserves the right to refuse service, deny entry, terminate a reservation, remove guests, or require immediate departure without refund when necessary to protect guests, staff, neighbors, property, wildlife, or public safety.

Travel Insurance Recommendation

Guests are strongly encouraged to purchase travel insurance to protect against unexpected cancellations, medical emergencies, travel delays, weather-related disruptions, and other unforeseen events.

Agreement

By completing a reservation, entering the Property, or staying at Timber + Mist Luxury Glamping, guests acknowledge that they have read, understood, and agreed to this Reservation, Cancellation, and Refund Policy.

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