1. ACKNOWLEDGMENT OF INHERENT AND OBVIOUS RISKS

Guest acknowledges that the Premises include natural and recreational features that involve inherent, obvious, and unpredictable risks, including but not limited to:

River and waterfront access

Natural bodies of water with changing currents and depths

Flooding, rising water levels, and submerged hazards

Slippery rocks, docks, decks, stairs, balconies, and uneven terrain

Kayaks, paddles, tubes, flotation devices, and water slides

Playsets and playground equipment

Hot tubs and spas

Fire pits and grills

Wildlife and insects

Pet-friendly accommodations

Guest understands that use of the Premises may result in serious bodily injury, permanent disability, illness, property damage, or death, including but not limited to drowning, falls, spinal injury, broken bones, burns, animal bites, heat-related illness, and waterborne illness.

Guest expressly acknowledges that waterfront environments are inherently dangerous and conditions may change rapidly without warning.

2. VOLUNTARY ASSUMPTION OF ALL RISK

Guest knowingly and voluntarily assumes all risks of injury, death, illness, loss, or property damage arising from:

Entry upon or use of the Premises

Use of recreational amenities

Water activities and watercraft

Presence on elevated structures

Interaction with wildlife or animals

Acts of other guests or third parties

This assumption of risk applies to risks known and unknown, suspected and unsuspected, foreseeable and unforeseeable.

3. NO SUPERVISION; MINOR RESPONSIBILITY

Guest acknowledges:

There are no lifeguards on duty.

The Premises are not childproof.

Natural water features are not fenced or secured.

Guest assumes full responsibility for supervision of all minors. Children shall not use watercraft, hot tubs, slides, playsets, river access areas, or elevated decks without direct adult supervision.

4. WATER ACTIVITIES AND EQUIPMENT

Guest understands that kayaking, tubing, swimming, and water slide use involve substantial risk, including drowning.

Guest agrees:

All water activities are undertaken at Guest’s sole risk.

Life jackets are strongly recommended.

No use while under the influence of alcohol or drugs.

Guest is responsible for assessing weather and water conditions.

Company makes no representation or warranty regarding water safety.

5. HOT TUB USE

Guest acknowledges risks including drowning, hyperthermia, dehydration, and slipping injuries.

Guest agrees:

No diving.

No glass containers.

No use while intoxicated.

Children must be supervised.

Use is entirely voluntary and at Guest’s sole risk.

6. PET LIABILITY

Guest is fully responsible for any pets brought onto the Premises and shall be liable for any injury, bite, scratch, or property damage caused by such pets.

Guest releases Company from all claims arising from animal behavior.

7. PROPERTY DAMAGE AND PERSONAL PROPERTY WAIVER

Company shall not be liable for:

Theft, loss, or damage to personal property

Vehicle damage

Watercraft damage

Damage caused by flooding, storms, wildlife, falling trees, or natural events

Guest assumes full responsibility for securing personal belongings.

8. WEATHER AND ACTS OF GOD

Guest acknowledges that the Premises may be affected by:

Hurricanes

Tropical storms

Storm surge

Flooding

Lightning

High winds

Falling limbs or trees

Company shall not be liable for injury or damage arising from weather events or natural disasters.

9. ALCOHOL AND DRUG RESPONSIBILITY

Guest assumes full responsibility for any injury, damage, or loss occurring while Guest or any Occupant is under the influence of alcohol or drugs.

Company shall not be liable for any incident involving intoxication.

10. COMPLETE RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, GUEST HEREBY IRREVOCABLY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE COMPANY FROM ANY AND ALL CLAIMS, INCLUDING THOSE ARISING FROM THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE OF COMPANY, RELATING TO:

Personal injury

Illness

Emotional distress

Property damage

Wrongful death

This Release applies to known and unknown injuries, including those later discovered.

This Release does not apply to gross negligence or intentional misconduct where prohibited by law.

11. INDEMNIFICATION

Guest agrees to indemnify, defend, and hold harmless Company from any claims, damages, liabilities, or attorney’s fees arising from:

Guest’s use of the Premises

Acts or omissions of Occupants

Acts of minors

Acts of pets

Injury to third parties

12. LIMITATION OF LIABILITY

In no event shall Company’s total liability exceed the total rental amount paid by Guest.

13. TIME LIMITATION ON CLAIMS

Any claim arising from use of the Premises must be brought within one (1) year of the date of the incident, regardless of any longer statutory limitation period.

14. INSURANCE DISCLAIMER

Company does not provide health, accident, travel, or property insurance for Guests. Guest is encouraged to obtain appropriate coverage.

15. BINDING ARBITRATION AND JURY WAIVER

Any dispute arising from or relating to this Agreement or the Premises shall be resolved exclusively through binding arbitration in the county where the Premises are located.

Guest knowingly waives the right to trial by jury.

16. GOVERNING LAW

Georgia law governs properties located in Ellijay, Georgia.

Florida law governs properties located in Weeki Wachee, Florida.

Venue shall lie in the county where the property is located.

17. SEVERABILITY

If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

18. ACKNOWLEDGMENT

Guest acknowledges that:

They have read this Agreement in its entirety.

They understand they are waiving substantial legal rights.

They sign voluntarily.

They have authority to bind all Occupants.

By booking with us you agree to these terms and conditions.