COOK FOREST TOP HILL CABINS 2808 FOREST ROAD, COOKSBURG, PA 16217, 800-531-1545, cabins@usachoice.net CABIN LICENSE AGREEMENT The owner of Cook Forest Top Hill Cabins [the "Owner"] is granting a license in or to a cabin at 2808 Forest Road, Cooksburg, PA 16217 [the "Premises"] to the registered guest(s) [the "Guest(s)"], subject to the following terms and conditions: (1) CHECK-IN: A copy of the Guest(s)' driver's license(s) is required upon check-in, together with a valid credit card(s) used by the Guest(s) to pay for his/her/their stay at the Premises. USE OF PREMISES: (2) PROPERTY DAMAGE, ACCIDENT OR INJURY: The Guest(s) understands that he/she/they are solely responsible for any property damage, accident, injury to any person or loss sustained by any person, including loss of money, jewelry and other items of personal property, arising out of or in any way related to the Guest(s) occupancy or use of the Premises or any items of personal property provided by the Owner. The Guest(s) shall become familiar with the proper use and application of all furniture and appliances in or on the Premises prior to utilization of the same. The Guest(s) hereby agrees to indemnify and hold the Owner harmless from any and all claims, including, but not limited to, those from third parties, arising out of or in any way related to Guest(s) occupancy or use of Premises or of the items of personal property provided therein. The Guest(s) assumes the risk of injury or losses relating to any recreational activities in or on the Premises and will hold the Owner harmless with respect thereto. (3) DAMAGE/THEFT: The Guest(s) agrees to leave the Premises and any items of personal property provided by the Owner in a clean and undamaged condition. If the Premises and items of personal property provided by the Owner are not left in the same condition in which the Guest(s) found the same, the Guest(s) understands and agrees that the Owner reserves the right to charge the Guest(s) for any repairs and/or special cleaning and/or stolen items. The Guest(s) hereby authorize the Owner to charge any expenses related to the repairs or cleaning of the Premises and any items of personal property provided by the Owner beyond normal wear and tear or related to theft of any property to the Guest(s) credit card on file. If the Guest(s) leaves the Premises excessively dirty, taking the janitorial service longer than 1.5 hours to clean, the Guest(s) will be assessed a $35 cleaning fee, which will be charged to the Guest(s)' credit card on file. Should the Guest(s) dispute such charges, or the credit limit on the card be insufficient to cover the theft and/or repairs/cleaning of the Premises and any items of personal property provided by the Owner, the Owner reserves the right to charge the Guest(s) with vandalism and pursue collection from the Guest(s) with venue being in Clarion County, Pennsylvania. All attorney fees incurred by the Owner will be at the expense of the Guest(s) should collection become necessary. Any items missing from the Premises will be replaced at current retail value, plus a $25.00 service fee charged to the Guest(s). CUTTING LIMBS, TREES OR CARVING ON TREES, INDOOR OR OUTDOOR FURNITURE IS CONSIDERED VANDALISM AND IS STRICTLY PROHIBITED. EITHER ACTIVITY MAY RESULT IN TERMINATION OF THIS AGREEMENT, REMOVAL OF THE GUEST(S) FROM THE PREMISES AND POSSIBLE STATE POLICE INTERVENTION. All costs will be charged to the Guest(s)' credit card on file for damages to trees or furniture. (4) MALFUNCTIONS: The Owner strives to maintain the Premises in such a way as to insure that the Guest(s) experience a clean and safe stay. There may be circumstances beyond the Owner's control. However, the Owner will make reasonable efforts to deal with any malfunctions. While the Owner cannot refund any monies due to such malfunctions, the Owner will respond as quickly as possible under the circumstances to make repairs and/or restore services. In rare instances, the Owners may move the Guests(s) to alternative accommodations if it becomes necessary and alternative accommodations are available. Power failures due to storms, etc. are considered beyond the Owner's control and will not constitute a refund of money or services. The Owner or its agent(s) shall have the right of access to the Premises for repair and maintenance during reasonable hours. The Owner reserves the right to offer credit toward future rentals for any inconveniences encountered as part of the Guest(s)' stay. In the event of an emergency, the Owner or its agent(s) may enter the Premises at any time to protect life and prevent damage to the Premises or items of personal property provided by the Owner. (5) SUPPLIES: The Premises are supplied with the following: a starter supply of toilet paper, paper towels and trash can liners. The Guest(s) must bring his/her/their own personal care products, paper products, garbage bags and bath towels. The Premises are also supplied with linens on the beds, coffee pot, toaster, microwaves, dishes, silverware, pots and pans, as well as cooking utensils. The Premises are inventoried upon checkout. The Guest(s) will be charged for any missing or damaged items on the Guest(s)' credit card on file. The Guest(s) will receive a complimentary first load of firewood. Additional loads of firewood are $10 per load (approx. 3' x 3'). The Guest(s) must request an additional load to receive the wood. (6) OCCUPANCY: Occupancy of the Premises is limited to the maximum capacity as stated in the brochure, receipt of which is hereby acknowledged by the Guest(s). No tents, campers or RV’s are permitted on the Premises. The minimum age to reserve the Premises is eighteen (18) years of age. The person reserving the Premises for a group must be present with the group at the time of occupancy. The person reserving the Premises for a group assumes all responsibility, both personally and financially, for the actions of the members of his/her/their group. No keys will be provided until the balance owing for the Premises is tendered in full. Day guests are required to register at the office and are at an additional $3.00 per person per day (plus tax). (7) PETS: Cook Forest Top Hill Cabins are pet friendly with guidelines that the Guest(s) must follow. Any pets must be reported to and approved by the Owner. There are certain pets that are prohibited from the Premises (we permit only traditional pets, cats or dogs). The maximum number of pets in or on the Premises is two (2) per cabin. The fee for each pet is $15 per night (plus tax), in addition to the regular rate for the Premises. Pets must be leashed when outdoors and kept off the furniture when indoors. Pets must be well mannered and house broken. Pets must NOT be left unattended or alone indoors unless they are crated. Crates, pens or carrying case are recommended. Pets are to be licensed and up to date on rabies and other vaccinations. Pets should wear id collars at all times. Pets shall not be a nuisance or create any unreasonable disturbance. This includes causing personal injury or property damage; making noise continuously; not being leashed; relieving themselves on walls or floors; exhibiting aggressive behavior; pets who may be parasite infested. The Guest(s), as the pet owner, is responsible for any damages to the Premises or injuries to other persons caused by his/her/their pet. The Guest(s) MUST PICK UP AFTER their pets (inside and outside) and dispose of the waste properly in bags. If the Guest(s) does not declare a pet or does not pick up after his/her/their pet, the Guest(s) will be charged $30 per day to the Guest(s)' credit card on file. (8) ALCOHOL/DRUGS: The Guest(s) is permitted alcohol in and on the Premises. However, Cook Forest Top Hill Cabins is a family oriented area and alcohol should not be prominently displayed. Absolutely no illegal drugs are permitted in or on the Premises. Consumption of alcohol on the Premises by minors (under age 21) is prohibited. (9) NOISE: Loud noise and/or loud parties will not be tolerated. Absolute quiet time is from 11:00 p.m. until 9:00 a.m. Please respect other guests. (10) FIRES: Do not leave any fire, indoors or outdoors, unattended. (11) DEER MEADOW CAMPGROUND: The Guest(s) is responsible for his/her/their behavior at any other local business. If the Guest(s) visits Deer Meadow Campgrounds, he/she/they must check in at its office/camp store each time he/she/they visit. This applies even if the Guest(s) has friends or family members camping at Deer Meadow Campgrounds. The adjacent LAKE property is owned by Deer Meadow Campground. Our guests do not have permission to walk, hike, swim or canoe on that property. Cook Forest Top Hill Cabins CABIN LICENSE AGREEMENT (12) GARBAGE AND FOOD: Please do not leave any food in any outside area or on the porches of the Premises. Please place garbage in the dumpster on the circle in front of Blue Spruce Cabin or in the garbage bin located on your cabin property. Do not leave garbage on porches or other outdoor areas, as this will attract wild animals. (13) LITTERING: Do not litter in and around the Premises. If the Guest(s) bring or drag brush, twigs, branches or wood to burn, please burn it or return it to the woods prior to leaving the Premises. Do not leave such items in or on the Premises. (14) FIREWORKS: The presence or use of fireworks in or on the Premises is strictly prohibited. (15) COOKING: Cooking over indoor fireplace(s) is prohibited. The Guest(s) may cook using stove(s) in the kitchen(s), outdoor fire pit or outdoor or portable grills (16) HOUSEKEEPING DUTIES: The Guest(s) understands and agrees that he/she/they will perform the following housekeeping duties before vacating the Premises: • Wash and dry all dirty dishes and put them away; (Leaving dirty dishes will constitute a $25 fine to be charged to your credit card.) • Place all used linen by the living room door; • Dispose of all food from cabinets and refrigerator; • Gather all garbage from all trash cans and place in the dumpster or your garbage bin prior to departing; • Clean the Premises and leave them in the same condition in which it was found when the Guest(s) arrived. • Burn brush, twigs, branches or wood or return the same to the forest; • Secure the Premises by locking all doors and windows before departure; • Turn the thermostat in or on the Premises to 55 degrees F; and • Turn the key to the Premises in to the office or the “Key Drop” Box on the office porch. (17) REARRANGING FURNITURE: Do not rearrange the furniture inside or outside the Premises. If the Guest(s) rearranges cabin furniture during his/her/their stay, he/she/they must return the furniture to its location prior to the Guest(s)' departure. A fee of $25 will be charged to the Guest(s)' credit card on file if such furniture is not returned to its location prior to the Guest(s)' departure. RESERVATION POLICY: (18) CHECK IN/CHECK OUT POLICIES: The Guest(s) understands and agrees that check in time is no earlier than 3:00 p.m. and check out time is no later than 11:00 a.m. with no exceptions. An additional hourly charge of $25 per hour will be charged to the Guest(s)' credit card on file for late check outs. If the Guest(s) arrives after hours, he/she/they will be provided with a map and key to the Premises for pick up at the office. Late arrivals will need to visit the office by 11:00 a.m. next day to complete paperwork. If the Guest(s) does not complete check in paperwork by the end of business hours the day after arrival, they may be assessed a late processing fee. The Guest(s) agree to abide by all guidelines given at check in. A valid credit card must be presented upon arrival. (19) MINIMUM STAYS: There is a two (2) night minimum stay on all reservations except holiday weekends and hunting season. Holidays require a three (3) night minimum stay. Hunting season requires a four (4) night minimum stay. On occasion, by exception and with availability, the Guest(s) may reserve a one (1) night stay for an additional $25 fee (plus tax). (20) PAYMENT: At the time of reservation, 50% of the reservation will be charged to the Guest(s) credit card. Otherwise, a personal check from the Guest(s) must be received by the Owner within seven (7) days of making your reservation. In the case of year-end reservations, for the following year, an allowance of fifteen (15) days, from the first of January, is given to receive your deposit. The balance must be paid upon check-in using Visa, MasterCard, cash or check. No keys will be given out before the balance due is paid. The first to arrive in larger groups must be prepared to pay the balance upon arrival in order to receive keys unless balance is paid by credit card before check-in date. Pennsylvania Hotel Tax of 9% applies to all reservations. (21) CANCELLATION POLICY: If it is necessary for the Guest(s) to cancel his/her/their reservation, such cancellation must be received by the Owner by noon fourteen (14) days prior to the Guest(s)' arrival date. If 14+ days’ notice of cancellation is given by Guest to Owner and if the Owner re-books the Premises, the Guest(s)' deposit will be refunded, less a re-booking fee of at least $50.00. Or, if the Guest(s) cancels his/her/their reservation and the Owners re-book the Premises, the Guest(s)' deposit, less at least $50.00 re-booking fee, may be applied to a future visit within six (6) months. If the Guest(s) cancels his/her/their reservation less than fourteen (14) days prior to the Guest(s)' arrival date, the Guest(s)' deposit will be forfeited. If the Guest(s) arrives late or departs early, he/she/they do not receive a credit or a refund. If making reservations during winter months expect snow and winter travel conditions. Bad weather is not to be considered a reason for cancellation unless the State Police have closed Interstate 80. If Interstate 80 is closed, the Guest(s) deposit may be refunded or used within six (6) months of the Guest(s)' reservation date. (22) NO WAIVER: No waiver by the Owners of any default or breach of any term, condition or covenant of this agreement by the Guest(s) shall be deemed to be a waiver of any other breach of the same or any other term, conditions or covenant contained herein. (23) TERMINATION: Failure of the Guest(s) to comply with any of the provisions of this agreement warrants a visit by the State Police, termination of this agreement and removal of the Guest(s) from the Premises. Notwithstanding termination of the agreement by the Owner, the Guest(s) remains responsible for any fees, costs or penalties due hereunder. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the Guest(s) and the Owner. I (Guest) have read this agreement and intend to be legally bound hereby. Registered Guest(s)' Name: Signature(s): Address: Date: City/State/Zip: COOK FOREST TOP HILL CABINS SIGNATURE: (Owner or Agent for Owner) Page 2 Date: