Terms and Conditions

SHORT TERM RENTAL AGREEMENT

Nelco Properties LLC (DBA: Smoky Retreats)
Property: “The River Retreat”
Holcombe, Wisconsin

This Short Term Rental Agreement (“Agreement”) is a legally binding contract between Nelco Properties LLC (“Owner”) and the Primary Renter (“Guest”).

By booking, signing electronically, or occupying the Property, Guest agrees to all terms below on behalf of themselves and all occupants, invitees, and minors.


1. AGE REQUIREMENT

Primary renter must be at least 25 years old. Owner does not rent to high school groups, college groups, fraternities, sororities, or similar gatherings. Large groups of unrelated guests require prior written approval.

Owner reserves the right to cancel reservations that violate this policy.


2. PAYMENTS

1/3 of the total rental amount is due at booking. The remaining balance is due 30 days before arrival and will be automatically charged unless otherwise arranged.

Failure to pay within 2 days of due date may result in cancellation without further notice.


3. CANCELLATIONS & TRAVEL INSURANCE

Guest is strongly encouraged to purchase travel insurance.

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

  • Weather events

  • Snow, ice, storms, flooding

  • Road conditions

  • River conditions

  • Power or utility outages

  • Amenity disruptions

  • Equipment malfunction

  • Wildlife encounters

  • Illness, injury, or medical emergency

  • Early departure

  • Acts of God

  • Government orders or closures

Cancellations made 30 days or less before arrival are responsible for the full rental amount.


4. SECURITY DEPOSIT & DAMAGE AUTHORIZATION

Guest authorizes Owner to charge the card on file for:

  • Damage beyond normal wear

  • Missing property

  • Excessive cleaning

  • Pet waste removal

  • Equipment misuse

  • Violation of this Agreement

If damages exceed any security deposit, Guest remains responsible for full amount.


5. CHECK-IN & CHECK-OUT

Check-in: 4:00 PM
Check-out: 10:00 AM

Unauthorized late checkout may result in a $50 per hour charge.


6. CLEANLINESS & DEPARTURE

Guest agrees to leave the property in substantially the same condition as received. Excessive cleaning will result in additional charges.


7. NO SMOKING

Smoking inside the property is strictly prohibited. Violation will result in a minimum $500 remediation charge.


8. PET POLICY

Dogs allowed only with prior approval and paid pet fee.
Maximum 2 dogs. Maximum 75 lbs each.

Guest must remove all pet waste. Failure results in $50/hour cleanup fee.

Unauthorized pets may result in immediate termination without refund.


9. NO PARTIES OR EVENTS

No parties, gatherings, or events are permitted. Violation may result in eviction without refund.


10. VISITORS

Only registered guests are permitted on the property unless approved in writing.


11. IMPROPER USE

Illegal activity, excessive noise, property misuse, underage drinking, or violations of this Agreement may result in immediate termination without refund.


12. BARREL SAUNA – ASSUMPTION OF RISK

The Property includes a two-person barrel sauna.

USE OF THE SAUNA IS VOLUNTARY AND AT GUEST’S SOLE RISK.

Sauna temperatures may reach 170–200°F.

Risks include but are not limited to:

  • Burns

  • Dehydration

  • Heat stroke

  • Fainting

  • Aggravation of medical conditions

  • Serious bodily injury or death

Rules:

  • Maximum 2 adults

  • No minors under 18

  • No alcohol or drugs before or during use

  • No glass containers

  • No oils, chemicals, or additives

  • Sessions limited to 15–20 minutes

  • Exit immediately if feeling unwell

  • Do not tamper with heater or controls

Guests with heart conditions, pregnancy, blood pressure issues, or medical concerns should not use the sauna without physician approval.

Guest assumes all risks associated with sauna use.


13. RIVER & WATER ACCESS – ASSUMPTION OF RISK

The Property is located on the Flambeau River.

River access, swimming, shoreline activity, and dock use involve inherent and significant risks including:

  • Drowning

  • Strong or unpredictable currents

  • Slipping

  • Sudden drop-offs

  • Submerged debris

  • Changing water levels

  • Wildlife

  • Hypothermia

NO LIFEGUARD IS ON DUTY.

Guest assumes full responsibility for all water-related activities.

Children must be supervised at all times.


14. KAYAK & WATERCRAFT USE AGREEMENT

Kayaks, paddles, and personal flotation devices (PFDs) may be provided as a courtesy.

USE IS VOLUNTARY AND AT GUEST’S SOLE RISK.

LIFE JACKETS ARE REQUIRED

Properly fitted U.S. Coast Guard–approved life jackets MUST be worn at all times while:

  • Using kayaks

  • Entering the river

No exceptions.

Failure to wear a life jacket is a material breach of this Agreement.

Additional Rules:

  • No alcohol or drug use

  • Inspect equipment before use

  • Minors only with direct adult supervision

  • Return equipment to storage

  • Report defects immediately

Risks include drowning, collision, capsizing, submerged hazards, equipment failure, cold water shock, and death.

Guest assumes all such risks.

Guest authorizes charges for lost or damaged equipment or retrieval costs.


15. WILDLIFE

This is rural northern Wisconsin. Wildlife and insects are present. Guest assumes all risks related to wildlife encounters.


16. RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY WISCONSIN LAW, GUEST AGREES:

  • TO ASSUME ALL RISKS ASSOCIATED WITH USE OF THE PROPERTY, SAUNA, RIVER, KAYAKS, AND OUTDOOR AREAS;

  • TO RELEASE AND HOLD HARMLESS Nelco Properties LLC, Lucas Nelsen, Katelynn Nelsen, employees, contractors, and agents from liability for personal injury, death, or property damage arising from Guest’s use of the Property;

  • THAT OWNER SHALL NOT BE LIABLE FOR ACCIDENTS, INJURIES, ILLNESS, DROWNING, OR LOSS OF PERSONAL PROPERTY.

This release includes claims based on negligence but does not include reckless or intentional misconduct.


17. INDEMNIFICATION

Guest agrees to defend, indemnify, and hold harmless Owner from any claims, liabilities, damages, or attorney fees arising out of:

  • Guest actions

  • Use or misuse of sauna

  • Use of river or kayaks

  • Failure to wear required life jackets

  • Violation of this Agreement


18. LIMITATION OF LIABILITY

Owner’s total liability shall not exceed the total amount paid for the reservation.


19. ROAD CONDITIONS

Winter conditions may require AWD/4WD. No refunds for inability to access property.


20. ELECTRONICS

Do not disconnect or move electronic equipment.


21. GOVERNING LAW & VENUE

This Agreement shall be governed by the laws of the State of Wisconsin.

Exclusive venue shall lie in Rusk County, Wisconsin.


22. SEVERABILITY

If any provision is deemed unenforceable, remaining provisions remain valid.


ACKNOWLEDGMENT

By signing or booking, Guest:

  • Confirms they are over 18 years of age

  • Accepts responsibility for all occupants

  • Acknowledges and assumes all risks described above

  • Understands they are waiving certain legal rights

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