Home / Guest liability release

High Peak release and assumption of risk

If you do not agree with this release, do not book, and do not take the keys.

High Peak is Richard Brown / Harmonious Abodes. The guest website is thehighpeak.com. Questions: wren@thehighpeak.com.

The cabins this covers

This release covers a stay at any of these four A-frame cabins, and the grounds they share, in West Jefferson, NC 28694:

The Cozy A-Frame Cabin, 7 High Drive. Sleeps 4.
The Farm A-Frame Cabin, 11 High Drive. Sleeps 6.
The West Jefferson A-Frame Cabin, 19 High Drive. Sleeps 6.
The Nature A-Frame Cabin, 25 High Drive. Sleeps 6.

"You" means the person who books and every person in the group, including children you bring and anyone you invite onto the property. You are the person responsible for telling your group what this release says.

The published maximum is 4 guests at 7 High Drive and 6 guests at 11, 19, and 25 High Drive. Do not exceed it. Quiet hours are 10:00 p.m. to 8:00 a.m. No parties, events, or gatherings over that occupancy. No smoking or vaping indoors or outdoors. A violation of the smoking rule is a $1,000 fee, as already stated on thehighpeak.com.

Check-in begins at 4:00 p.m. Checkout is by 11:00 a.m. The door code is sent the day of arrival. House rules, the pet fee, cleaning fees, and the cancellation policy on thehighpeak.com still apply. This release does not replace them.

Risks that are part of a stay here

A stay at High Peak is a stay on a hillside in the Blue Ridge Mountains. You accept these risks for yourself and, by bringing them, for your group:

Steep grades, natural stairs, decks, and changing weather.
Uneven ground, including the walking trails described below.
Wildlife, including black bears and deer. Do not feed animals. Secure trash right away. Bear-proof trash cans are outside. You may also leave trash inside for the cleaner.
The shared common area, the gas fire pit, the grills, and the hot tub, as described below.
The EV charger at the cabin you booked.

High Peak does not promise that a path, a deck, a tub, a fire, or a charger is free of risk. You participate at your own risk.

Walking trails and steps

Walking trails connect all four cabins and lead to the shared common area. The trails and the steps are uneven. They can be steep, wet, dark, icy, or covered with leaves, gravel, or roots. Wear shoes you can walk in. Watch children. You use the uneven trails and steps at your own risk, including the risk of slips, trips, and falls.

Common area

All four cabins share a common area. It includes a large shared grill, a gas fire pit, seating, and the trails that connect the cabins. Guests from other cabins may be there at the same time. The ground around the common area is part of the same hillside. It is not a flat, city sidewalk. You are responsible for your own group in the common area. Leave it in reasonable condition. Do not treat it as a place for a party over your cabin's occupancy.

Fire pit and grills

Each cabin has its own gas grill. The large grill and the gas fire pit are shared by all four cabins. They are separate from the gas grill at your cabin.

Never leave a grill or the gas fire pit unattended. A fire, hot metal, embers, smoke, and a cover or grate can burn you. Do not let children use the fire pit or a grill. Turn the gas off and leave the fire in a safe condition when you are done, and follow the instructions posted at the pit. Do not move the pit, pour unapproved liquids on it, or leave it burning while nobody from your group is there.

You use the gas fire pit, the shared large grill, and your cabin's gas grill at your own risk.

Hot tub

Each of the four cabins has a private hot tub. This section applies to the hot tub at the cabin you booked.

Hot tub use is at your own risk. You are responsible for everyone in your group who uses it.

Shower before you get in. Lotions, oils, sunscreen, and perfume upset the water.
No glass in or around the hot tub.
Replace and secure the cover after use.
No solo use. No use while intoxicated.
Supervise children the entire time. Do not leave a child at the tub.
Do not add chemicals, soaps, or oils to the water.
A $50 maintenance fee applies only if extra cleaning is needed because of improper use. It is not a booking fee.

Heat, slippery decks, and water that other guests have used can make you sick or cause a fall. People who are pregnant, who take medication, or who have a heart, blood-pressure, or similar condition should ask a doctor before using a hot tub. This release does not make High Peak your doctor, and it does not cancel any duty North Carolina law still places on a vacation-rental landlord to keep the property in repair.

EV charger

Each of the four cabins has an EV charger. This section applies to the charger at the cabin you booked.

Use only the charger that is provided. Follow the instructions posted on it. Do not open it, rewire it, or use it with a damaged cord, a damaged plug, or standing water. Unplug it the way the instructions say when you are done. You use the charger at your own risk. High Peak does not guarantee that it will charge your car, or that it will be compatible with your car.

If someone gets hurt, or something is damaged

You accept the risks described above. To the extent North Carolina law allows, you release Richard Brown / Harmonious Abodes (High Peak) from claims for injury, illness, death, or loss of or damage to personal property that come from those risks during your stay. This includes slips on the trails, use of the common area, the fire pit, a grill, the hot tub, and the EV charger.

This release does not ask you to release a claim for gross negligence, willful or intentional harm, or any claim that North Carolina law does not allow a waiver to cover. It also does not say that High Peak has no duty to make repairs.

You are liable for damage to the cabin or the grounds beyond normal wear and tear. Missing or damaged items can be charged at replacement cost. Report damage or a maintenance problem promptly.

If someone you invite is hurt or causes harm while using the cabin, the trails, the common area, the fire pit, the hot tub, or the charger, you agree to cover claims brought by that person to the extent the harm comes from your group's own use, and only to the extent North Carolina law allows that kind of promise. This is not a promise to pay for harm caused by High Peak's gross negligence, willful misconduct, or a failure to meet a duty the law does not let a waiver erase.

Children

Adult supervision is required. The property has steep grades, uneven trails, a fire pit, and hot tubs. If a child is in your group, you supervise that child.

How you accept this

Do not book, and do not take possession, if you do not accept this release. The person who books agrees to it for the group and agrees to give a copy, or a link on thehighpeak.com, to every adult who stays.

Law

North Carolina law governs this release. Disputes will be resolved in the courts of Ashe County, North Carolina.