these terms and conditions should be read and understood fully before making a reservation. by making a reservation at five star retreat, you ("guest" or "guests") agree to be bound by these terms and conditions.
booking/payment/cancellation policy
to book your reservation, five star retreat and/or its employees, owners, managers, employees, etc. (hereinafter "fsr") charges a non-refundable deposit of 50% of your total anticipated charges in order to hold your dates. a cancellation after date of reservation but prior to 60 days before your event will result in no additional fees charged by fsr in addition to the already charged deposit. if you cancel your reservation, and fsr subsequently is able to book another party for those dates, we may (at our sole discretion) issue a refund of these charges (less a processing charge to cover any costs incurred). the balance of your charges is due 60 days prior to your reservation date and may be paid by check or via paypal. all charges are non-refundable. however, fsr may (at our sole discretion) issue a partial or full refund under unusual circumstances which may require that you do not use your reservation (i.e. death in immediate family, impassable roads due to severe weather, etc.). additionally, fsr reserves the right to issue other refunds at our sole discretion. fsr recommends that guest take out travel/cancellation insurance for any reservation.
minimum stay
fsr typically requires a 3-night minimum reservation for weekends, and a 2-night minimum reservation for weekday events. fsr reserves the right to waive this minimum at our sole discretion.
pet policy
no pets allowed. if any pets are brought and subsequently allowed indoors, five star retreat will charge the renter an additional fee of $500 per building that the pets are allowed in. important: this is a zero-tolerance policy, and was only implemented due to extensive abuse of our previous outdoor-only pet policy. this abuse resulted in mud, hair and urine cleanup, carpet replacement, flea-bombing, dogs running deer and turkey, guest complaints about barking, and even the loss of other pets.
non-exclusive use
guest understands and agrees that in no way does their rental of certain parts of the property, lodge, or cabins constitute exclusive use of the entire fsr property. guest understands that other guests, visitors, owner's family and friends, and other people may be on the property at the same time unless otherwise specified in writing. fsr makes no guarantees that the use of the property by other guests will not interfere with the activities of guest, and guest agrees to be reasonable and courteous when dealing with other guests on the property.
other policies and guest services
fsr maintains a guest services book with information about facilities, standard check-in and check-out times, and other information, that is available at fivestarretreat.com. guest agrees to abide by the policies in that guest services book. to the extent that there is a conflict between the terms of this agreement and the guest services book, this agreement shall govern.
acceptable use / damages
guests of fsr shall conduct themselves in accordance with all applicable laws, directions, rules, ordinances and regulations of governmental agencies having jurisdiction over the retreat during their stay. public roads and other points of access to fsr shall not be unlawfully blocked. the recreational use of the retreat shall be conducted in a lawful, safe and orderly manner. additionally, notices, rules and regulations posted on the property by fsr (i.e. speed limit signs, no smoking signs, trash disposal instructions, quiet times, etc.) shall be complied with at all times during your stay. guests shall not perform any acts or carry on any practices which may injure or damage the property of fsr or be a nuisance or menace to other parties, and shall appropriately supervise all activities at all times. guests agree that their activities in common areas (including, but not limited to, outdoors, dining areas, dens, living rooms, kitchens, lofts, merchandise self-purchase areas, pool, etc.) may be monitored and recorded by video security camera systems, and guests shall not unplug, cover, remove, or otherwise disable these systems or other network systems on the property. fsr staff shall have the right to enter any facility or area of the retreat at all hours for the purpose of inspecting or using the facilities without hindrance or interference by guests. the exercise of rights under this section shall not be deemed an eviction or disturbance of guest's use of the property. should guest, guests' actions, or the actions of those attending the event of guest damage the property in any way, including damage to the facilities, vehicles, lawns, landscaping, or any other parts of the property (including but not limited to, parts of the property rented by guest) guest agrees to be fully responsible for those damages, plus any costs fsr may incur (including but not limited to court costs, attorneys fees, and employee time and expense) to collect those damages. in addition, guest agrees that the golf cart and utv rules and waiver on fsr's website (fivestarretreat.com/utvwaiver) is hereby incorporated as if fully set forth herein, regardless of whether guest rents such vehicles.
waiver
fsr (including its owners, managers, staff and residents) shall not have any responsibility for the care or protection and shall not be liable for any damage, injury, loss of life, whether by fire, theft, vandalism, accident or other peril of any kind whatsoever, to the person or any vehicle or other property of any guest or any other person present at the retreat, and guests waive any and all claims they, or any person claiming by, through or under those guests, might now or in the future have against fsr on account of any such damage or injury. in addition, although fsr makes every effort to honor all reservations, fsr shall have no liability whatsoever, other than fully refunding any deposits, in the event that fsr cancels any reservation, for any reason, and guest is either able or unable to rent another facility. this limitation of liability shall include, but not be limited to, any wedding, retreat, conference, or other event reserved by guest that is cancelled by fsr for any reason. fsr's only liability shall be the full refund of any deposits, and fsr shall not be liable for any other expenses of guest or anyone invited by guest to the property, including alternate property reservation fees, differences in pricing between fsr and other properties, alleged or proven damages due to the cancellation, attorneys fees, expenses or court costs, or any other damages.
indemnity
guests shall indemnify, defend and hold harmless fsr (including its owners, managers, staff and residents) from and against any and all costs, claims and charges, including fsr's attorneys' fees and other costs, made by any person against fsr and/or liability resulting from any act or omission of guest or fsr (including fsr's owners, managers, staff and residents), guests agents and/or employees, and/or guest's use of the retreat or its facilities (including all members of guest's party). all property kept, stored or maintained at or on the premises of the retreat shall be kept, stored or maintained at the full risk of guest only. in addition, guest shall indemnify, defend and save harmless fsr from and against any and all costs, claims and charges, including fsr's attorneys' fees and other costs, made by any person against fsr for any reservation cancelled by fsr (see waiver above).
default
if guest fails to comply with the payment terms or the terms herein, or otherwise breaches any other covenants of this agreement, then all of guests rights hereunder shall, at the election of fsr, immediately cease and terminate, and guest shall immediately leave the retreat and surrender any property of fsr used by guest. guest hereby expressly waives notice of default, notice to quit and all other notices that may be required by law. if fsr engages attorneys to enforce its rights hereunder, guest shall reimburse fsr for fsr's attorneys' fees and court costs.
non-waiver provision
the failure of fsr to insist upon performance of any of the terms, conditions and covenants hereof shall not be deemed to be a waiver of any rights or remedies that fsr may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained.
check-in and check-out times
unless otherwise communicated in writing by fsr, normal check-in time is 4pm on the date of arrival, and normal check-out time is 10am on the date of departure.
check-out responsibilities
at the check-out time on the last day of guests stay at the retreat, guest shall leave the retreat in the same condition it was in prior to arrival of guest, with the exception of normal housekeeping and cleaning services regularly performed by fsr staff (beds, towels, floors, etc). guest shall be responsible for washing and putting away all dishes, pots and pans, and utensils in the kitchen, and shall not leave any wet towels or other items out where, if left over time, would damage the property. guest shall leave the facilities in "broom swept" condition unless otherwise agreed in writing by fsr. fsr may, at check-out time or subsequently, assess and inventory the facilities and charge guest for any damages caused in excess of normal wear-and-tear (i.e. broken or damaged furniture, broken windows, damaged appliances, etc.) or missing items. guest agrees that fsr may charge any credit card used for deposit or other payments in order to cover these costs. upon request, fsr will provide guest with an itemized statement of charges.
condition of premises
guest acknowledges that (a) fsr has not made and does not hereby make any representations regarding the physical condition of the retreat or its facilities, or the land or improvements located on the premises and (b) there are no warranties, either express or implied, regarding the condition of the retreat or its facilities, or the land or improvements located on the premises. guest expressly waives and releases any such warranties which may exist. accordingly, guest hereby accepts the property rented "as is".
termination
guest agrees that the interest herein created is a limited and non-exclusive license and that no leasehold or tenancy is intended to be or shall be created hereby. the rights granted under this license by partial payment or payment in full by guest may be terminated at any time by fsr or guest prior to the check-in date by providing notice to the other party. such notice shall be effective upon receipt. any such notice by guest shall result only in the loss of any non-refundable payments made (see booking/payment/cancellation policy above). if this agreement is terminated for any reason other than due to guests' default or breach hereunder, then fsr shall refund guest any deposits made upon termination. all use of the property by guest shall cease as of termination.
entire and binding agreement
other than rental price, dates/times, and specific facilities rented (i.e. lodge, cabin 2, etc.), this agreement contains all of the agreements between the parties hereto as to the subject matter hereof and it may not be modified in any manner other than by an agreement in writing signed by fsr. the terms, covenants and conditions contained herein shall inure to the benefit of and be binding upon fsr, guest and their successors and permitted assigns.
authority
the person executing this agreement for guest warrants and represents to fsr that it is authorized to do so and that this agreement is valid and binding on the principals according to its terms.
governing law, jurisdiction, and venue
this agreement shall be governed by, and construed in accordance with, the laws of the state of tennessee. guest agrees and consents to the exclusive jurisdiction of the courts of the state of tennessee for all purposes regarding this agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in either the county of davidson or the county of hickman, at the sole discretion of fsr.