Effective date: July 17, 2025
Last updated: September 8, 2025

The Smoky Mountain Cabin Terms of Service (the “Terms”) are a binding agreement between you (“you,” “guest,” or “user”) and Oak & Ember Group LLC (“Oak & Ember,” “we,” “us,” or “our”) governing your use of our websites, social pages, and any tools we operate for inquiries and direct bookings (collectively, the “Site”), and—where you book directly with us—your reservation and stay at one of our properties (the “Booking Terms”). If you access or use the Site, or place a direct booking with us, you agree to these Terms. If you disagree, do not use the Site and do not book directly.

Important: Bookings made through online travel agencies (e.g., Airbnb, Vrbo, Booking.com) are also subject to those platforms’ terms. Where there is a conflict, the platform’s terms govern that platform reservation, and these Terms apply to the extent not inconsistent.

1) Who We Are & Contact

Oak & Ember Group LLC
Tennessee limited liability company
Email: info@oakandembergroup.com

For service of notices and legal correspondence, please email the address above with the subject line “LEGAL NOTICE.”

2) Other Policies Incorporated by Reference

• Privacy Policy. Explains how we collect, use, and protect personal data.

• Rental Policies / House Rules. Property-specific rules, occupancy limits, check-in/out windows, parking, noise/quiet hours, hot tub/fireplace use, trash, no-smoking policy, etc. These are incorporated into these Terms.

3) Eligibility; Accounts

• You must be 21+ to book directly. You represent that you have authority to bind your party to these Terms.

• If you create an account on our Site, you’re responsible for safeguarding your credentials and for all activity under your account.

4) Using the Site (Website Terms)

4.1 Intellectual Property

All content on the Site—including text, photos, logos, graphics, and code—is owned by Oak & Ember or our licensors and protected by law. You may not copy, scrape, republish, or create derivative works without our written permission, except for personal, non‑commercial viewing and printing of pages for trip planning.

4.2 Acceptable Use

You agree not to: (a) misuse the Site; (b) attempt to access non‑public areas or circumvent security; (c) use robots/scrapers without our permission; (d) interfere with Site operation; (e) post unlawful, infringing, defamatory, or obscene content; or (f) use the Site for competitive analysis without consent.

4.3 User Content; Reviews & Photos

If you submit content (e.g., reviews, photos), you grant us a non‑exclusive, worldwide, royalty‑free license to host, display, and republish that content to operate and promote our business. You represent you own or have rights to the content and that it does not violate others’ rights.

4.4 Third‑Party Links & Tools

The Site may link to third parties (e.g., maps, payment gateways, OTA listings). These are provided for convenience only. We do not control or endorse third‑party sites or services and are not responsible for their policies or actions.

4.5 Marketing, Emails & SMS (E‑Sign Consent)

By providing your email or phone, you consent to receive transactional communications (e.g., confirmations, access instructions, urgent stay notices). Marketing messages require consent and you may opt out any time. Standard message/data rates may apply. Electronic signatures and records associated with your booking have the same legal effect as paper.

4.6 Affiliate Links & Recommendations

We may reference products, services, or local businesses. Where we use affiliate links or have a material connection, we will make clear and conspicuous disclosures adjacent to the endorsement/link.

5) Direct Booking Terms (if you book with us on our Site)

5.1 Reservation Process; Age & Identity

• Primary guest must be 21+ and present a valid government‑issued ID that matches the payment method. We may require a signed rental agreement and/or verification for fraud prevention.

5.2 Pricing, Taxes & Fees

• Nightly rate, cleaning fee, and applicable taxes are shown prior to checkout.

• Non‑refundable fees. Payment processing fees, third‑party platform fees (if any), and convenience/surcharge fees are non‑refundable unless required by law.

• Rates are subject to correction for obvious errors; we may cancel and refund if a material pricing error occurs.

5.3 Payment, Chargebacks & Fraud

• Full or partial payment is due at booking as shown at checkout; balance due dates are displayed before you pay.

• Chargebacks. If you dispute a legitimate charge, we may cancel the reservation and deny access, and we reserve the right to pursue the amount owed, chargeback fees, and collection costs.

5.4 Cancellations, Modifications & Rescheduling

• Direct bookings: The cancellation policy shown at checkout applies. On a case‑by‑case basis, we may allow date changes or credits when feasible (fees or rate differences may apply).

• OTA bookings: You must initiate cancellations/changes through the platform where you booked (Airbnb, Vrbo, etc.). Their policies govern.

5.5 Check‑In / Check‑Out; Early/Late Access

• Standard windows are listed in the Rental Policies. Check‑in time is not guaranteed and may be delayed by maintenance, cleaning, or safety issues. We will notify you if delays occur and grant access as soon as reasonably possible.

5.6 Occupancy; House Rules

• You agree to comply with occupancy limits, parking, trash, noise/quiet hours, and all House Rules posted in the listing or property guide. Parties/events are prohibited. Violations may result in immediate termination without refund and additional fees.

5.7 No Smoking; Pet Policy

• No smoking or vaping inside any property. Additional cleaning/odor remediation fees will apply for violations.

• Pets: Unless a listing explicitly states “pet‑friendly,” pets are not permitted. Unauthorized pets incur fees and may result in termination.

5.8 Damage, Excess Cleaning & the Damage Waiver Program (No Cash Deposit)

• We do not collect a traditional security deposit. Instead, eligible direct bookings include a Damage Waiver Program that provides limited coverage for accidental damage to the property and its contents during your stay (up to the per‑booking coverage limit stated at checkout or in your confirmation).

• What’s covered: Accidental, non‑negligent damage reported by checkout or within 24 hours of discovery (e.g., broken dishware, accidental stains, minor furniture damage), subject to program terms.

• Not covered: Intentional acts, gross negligence, smoking, unauthorized pets, lost/stolen items, fines, keys/lockouts, extra cleaning/odor remediation, hot tub misuse, violations of law/House Rules, or any damage occurring off‑premises.

• Your duties: Report damage promptly, cooperate in assessment, and do not discard damaged items before we can evaluate. You remain responsible for any damage or costs not covered by the program.

• We reserve the right to charge the card on file for uncovered losses, excessive cleaning, rule violations, or costs above the coverage limit.

5.9 Safety, Maintenance & Access

• You agree to use amenities safely and as intended (e.g., hot tubs, fireplaces, grills). Children must be supervised. Do not disable safety devices or exterior security cameras (if present). We may enter as reasonably necessary (e.g., urgent maintenance, safety checks, compliance) with notice when feasible.

5.10 Force Majeure; Relocation

• Wildfire, severe weather, government orders, utility outages, road closures, or other events beyond our control may impact your stay. If we cannot honor a reservation, our obligation is limited to a refund of amounts paid for unused nights or, where feasible, a reasonable relocation/credit option. We are not liable for costs outside the reservation (e.g., travel, tickets).

5.11 Travel Insurance

• We strongly recommend purchasing travel insurance. If available, information about optional travel insurance will be emailed after booking.

6) Compliance with Laws & Local Regulations

You agree to comply with all applicable laws, HOA/POA rules, and local ordinances (e.g., occupancy, parking, noise, trash, fire safety). Where a jurisdiction requires permits or registrations for short‑term rentals, we will maintain compliance for our listings. We may cancel a reservation without liability if a stay would violate law or community rules.

7) Disclaimers; Allocation of Risk

7.1 Site & Content

The Site and its content are provided “as is” and “as available.” We disclaim all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant uninterrupted or error‑free operation.

7.2 Stays

Staying in mountain and coastal environments entails inherent risks (e.g., wildlife, steep terrain, icy conditions, storms, falling branches, power/Internet outages). You assume all ordinary risks associated with travel and short‑term lodging and agree to follow posted guidance.

8) Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, data loss, business interruption). Our total liability for any claim relating to the Site or a direct booking will not exceed the greater of $100 or the amounts you paid to us for the reservation giving rise to the claim. Some states do not allow certain limitations; rights may vary.

9) Indemnification

You agree to defend, indemnify, and hold Oak & Ember and our members, managers, employees, and agents harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your breach of these Terms or House Rules; (b) property damage or personal injury caused by you or your invitees; or (c) your unlawful acts or omissions.

10) Dispute Resolution; Arbitration; Class‑Action Waiver (U.S.)

PLEASE READ THIS SECTION CAREFULLY. It affects your rights.

• Informal Resolution. Before filing a claim, you agree to email us a notice at info@oakandembergroup.com describing the dispute and proposed resolution. We will attempt to resolve it informally within 30 days.

• Binding Arbitration. Except for small‑claims matters and injunctive relief for intellectual property or safety issues, any dispute between you and Oak & Ember arising out of or relating to these Terms or a direct booking will be resolved by binding arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules. The Federal Arbitration Act governs this agreement. Arbitration will be conducted in Knox County, Tennessee, by video/telephone when available.

• Class‑Action Waiver. Disputes must be brought only in your or our individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding.

• Costs & Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules. The arbitrator may award fees and costs to the prevailing party to the extent permitted by law.

• 30‑Day Opt‑Out. You may opt out of arbitration by emailing info@oakandembergroup.com within 30 days of first accepting these Terms with subject line “Arbitration Opt‑Out,” providing your name, contact information, and a statement that you opt out.

If a court finds the class‑action waiver unenforceable as to a claim, the arbitration agreement will not apply to that claim.

11) Termination

We may suspend or terminate access to the Site or cancel a booking for violations of these Terms, unsafe behavior, fraud, or as otherwise allowed by the applicable cancellation policy and law.

12) Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date and post the new version on the Site. For direct bookings, the Terms in effect at the time you pay will govern that reservation, unless changes are required by law.

13) General

• Governing Law & Venue. Tennessee law governs, excluding its conflict‑of‑law rules. Venue for any non‑arbitrable action lies in state or federal courts in Knox County, Tennessee.

• Severability. If a provision is unenforceable, the remainder remains in effect.

• Assignment. You may not assign your rights; we may assign to an affiliate or in a merger or asset sale.

• Entire Agreement. These Terms, the Rental Policies, and any booking confirmation constitute the entire agreement between you and Oak & Ember for your use of the Site and direct bookings.

14) Property‑Specific Notes (Examples; subject to listing details)

• Security Cameras: Exterior‑only cameras may be present for safety. No cameras in private interior spaces. Tampering is prohibited and may result in termination and fees.

• Smart Thermostats: Thermostats may be set with sensible limits to protect HVAC systems; contact us if adjustments are needed.

• Hot Tubs/Fireplaces/Grills: Use at your own risk; follow posted instructions; shower before hot tub use; replace covers after use.

• Lost & Found: Items left behind will be held for 14 days and then deemed abandoned. Shipping at guest’s expense.

15) Assumption of Risk & Guest Responsibilities

• Guests acknowledge that staying in a mountain environment involves risks including wildlife encounters, steep driveways, icy conditions, storms, and utility interruptions. By booking, you voluntarily assume these risks.

• Guests are responsible for supervising children, properly using all amenities, and ensuring compliance with all safety instructions.

A Note to Guests

We aim to be guest‑friendly and fair. If something goes wrong—cleanliness, access, maintenance—please contact us promptly so we can make it right.

Questions?
Contact info@oakandembergroup.com.