Pavilion Rental - TERMS OF USE + request form

1. Reservations

• Pavilion is available to owners in good standing with Mountain Shadows Resort Homeowners' Association and their guests.
• Reservations are made on a first-come, first-served basis and may be booked one (1) year in advance. All reservations must be made at least one (1) week prior to scheduled date. No oral agreements for use of the Pavilion shall be valid. Dates will not be “reserved” and reservations are not confirmed until the Agreement is completed.
• Responsible party must be twenty-five (25) years of age to rent the Pavilion and must be on-site during the activity.
• MSRHOA reserves the right to postpone, cancel, or delay any Pavilion Rental.
• Use of Pavilion is non-transferable and no sublet shall be initiated.
• Bathroom is available from May 1 to October 1 (due to winterizing) unless arrangements are previously made.

2. Emergency

• Please contact the Gatlinburg Police at 911.
• If you have an emergency, please call MSRHOA contact listed on www.MSRHOA.com.

3.  Policies:

• Approval of the Agreement will be granted with the understanding that the MSRHOA reserves the right to cancel the Agreement, with or without notice, in the event the Pavilion becomes unavailable because of some physical and/or hazardous condition.
• If any of the terms or conditions of the Agreement are violated, MSRHOA has the right to immediately terminate the Agreement without notice, and MSRHOA may pursue all of its rights and remedies at law or in equity including, without limitation, the right to recover court costs and attorney fees.
• MSRHOA Board of Directors and his/her designee reserve the right to refuse the privilege of using the Pavilion due to abusing policies of the Pavilion. In addition, any Owner charged with a second occurrence of abuse may be barred from making future reservations. If Guest violates any of the terms or conditions of the Agreement, MSRHOA shall have the right to immediately terminate without notice.

4. Pavilion Rules

• All MSRHOA Documents, Rules and Regulations apply during Pavilion use.
• All individuals/groups using the Pavilion shall comply with all federal, state, county or local laws including all City of Gatlinburg ordinances and all rules, regulations and requirements of the Police and Fire. Fire lanes must remain clear at all times.

5.  Pavilion Use:

• Maximum Occupancy is 50 people. Pavilion has (6) picnic tables.
• The Responsible Party is responsible for removing all trash from the premises immediately after the event ending.
• All state liquor laws and regulations must be followed.
• No decorations or other materials shall be nailed, tacked, stapled, screwed, to any part of the Pavilion (Structures, tables, etc.).
• The use of glitter and/or confetti is prohibited.
• The use of any open flame is prohibited in the Pavilion.
• All equipment and decorations used in conjunction with a Rental at the Pavilion must be free standing. Anchoring equipment and/or decorations is not allowed.
• BBQ Grill: Hot coals must be cooled or doused with water after use. Disposing of coals on the grounds is prohibited.
• Pavilion has electric. Outlets are located on some of the poles.
• Available Daily Noon-Dusk; Reservations limited to 4 hours or less
• Responsible party will be held responsible for all set up, removal, and all damages to the Pavilion resulting from their usage.
• If bringing in outside (Catered) food and beverages, the Applicant must make proper arrangements to have it delivered, unloaded and removed prior to the event ending.
• If picnic tables are moved, the Applicant will be responsible for returning them immediately after event ending
• Responsible party is responsible for taking down and cleaning up all decorations.
• Responsible party must remove all personal property/equipment (i.e. lighting, audio/visual, tables, chairs, etc.) including property owned by the Renter, as well as property borrowed or leased. 
• Responsible party is responsible for making sure pavilion lights are turned off.

6. General Usage:

• Responsible party MUST have a copy of the executed rental agreement with them at the time of the scheduled event. The use of inflatables is prohibited.
• Responsible party is responsible for all items in the pavilion. Items missing or damaged will be charged to the cabin owner.
• All vehicles/equipment must remain in designated parking areas at all times. The use and/or placement of vehicles/equipment on grass areas  is strictly prohibited.
• MSRHOA shall assume no responsibility for any property placed on or in the Pavilion or other facilities and grounds. Further, MSRHOA is released and discharged from any and all liability for loss, injury, or damage to persons or property that may be sustained by the use or occupancy of the Pavilion, facilities and grounds. MSRHOA is not responsible for restricting access during Event.

7. Hold Harmless:

• The responsible party does hereby agree to indemnify the MSRHOA, its officers, volunteers, agents, representatives and employees (collectively the “Entities”) and save them harmless from any loss, damage or expense arising from the claim or demand or any person to or against said Entities on account of or as a result of the responsible party’s event. In case of any action, or actions, or other legal proceedings, shall be brought or instituted against the MSRHOA or the Entities, the responsible party will assume the defense thereof, and will indemnify and save harmless the Entities against all costs, expenses, council fees and judgements resulting therefrom providing said Entities reasonably cooperate with the applicant, its agents, employees and designees in the defense of said legal proceedings or actions.

8. Release:

• All Pavilion rules are subject to the discretion of the MSRHOA. The MSRHOA reserves the right to modify or waive any rules as it deems necessary and in Mountain Shadows Resort 's best interest.
• Failure to comply with the Pavilion Rules as well as the MSRHOA’s Rules and Regulations may result in the cancellations of the activity and any forfeiture of the right to use the Pavilion in the future. Agreements are revocable at any time for violations of rules, ordinances, federal, State, County or local laws.