Vacation Rental Liability Waiver
I, __________ (“Releasor”), a visitor to and short term vacation renter, acknowledge that I am informed and aware that:
- IF there is a pool and/or spa on the property, it poses a risk to any and all guests on the property. I also understand and acknowledge that the use of other equipment (including recreational equipment) and facilities provided by Owner or Elite Pacific Properties, and participation in outdoor activities, involves risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the activity itself, from the acts of myself or others, or from the unavailability of emergency medical care.
- There may or may not be a fence around the pool and/or spa.
- POOL HEAT: Pools that are equipped with heaters are not guaranteed to sustain any constant temperature. Please note that pool temperatures vary due to certain circumstances, including but not limited to: wind, rain, low temperatures, storms, sand, fungus or algae caused by extreme temperatures, excessive use or contamination by Guests. There shall be no compensation for any loss of use. Any damage to the pool and/or spa caused by Guest and any other persons on Property during the agreed upon Rental Period, including but not limited to: broken glass or other items introduced into the pool, contamination of the water, damage to the automatic cleaners or equipment, or excessive loss of water will result in charges to the Guest for correction of the problem.
- SPA Shut Off (if applicable): When and if the spa is used, Guest will be responsible for turning on and shutting off the spa. Failure to shut off the heater for the Spa may result in an excessive utility bill, which may be charged to the Guest’s SIC Deposit.
- I am also aware that my stay at the Property involves risks that may result in serious bodily injury and/or death. Some of the risks include, but are not limited to, drowning, slips, trips, falls, cuts, adverse weather conditions, the acts or omissions of guests or visitors on the Property during my stay, and the condition of the Property. I understand that the description of the risks in this Release of Liability, Waiver of Claims and Assumption of Risk (the “Document”) is not complete and that other risks or events that are known or unknown, anticipated or unanticipated may result in serious bodily injury and or/death.
- In consideration of being permitted to rent and stay at the Property, I agree on my own behalf and on behalf of my family and guests and on behalf of my children and all minors in my care, custody or control (hereafter also included in “I” or “my”) to assume full responsibility for the risks identified herein and those risks not specifically identified. I hereby release from liability and waive any and all claims that I have or may have in the future against Elite Pacific Properties LLC and its members, principals, agents, officers, employees, and representatives (collectively “Releasees”) as well as the landlord/owner of the Property.
- I understand and acknowledge that being in or near the ocean present various risks and hazards, including strong currents, unexpected wave activity, floating debris and other potential hazards. I assume all such risks associated with being near or in the ocean.
- I agree to fully and forever release and discharge, and not to sue Releasees for any injuries or damages, including property damage that may result from arise out of or be related in any way to my rental and stay at the Property. If any portion of this Document shall be declared unenforceable for any reason, the unenforceable portion shall be considered severed from the Document and the remainder of the Document shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.
- By signing this waiver, I assume all risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with activities and events during or related to the stay in the subject property.
I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT AND THAT I UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM. I UNDERSTAND THAT THE EFFECT OF THIS DOCUMENT IS THAT I AM RELEASING LIABILITY AND WAIVING MY RIGHT TO SUE RELEASEES AND I AM ASSUMING RISK FOR MATTERS RESULTING FROM, ARISING OUT OF OR RELATING IN ANY WAY TO MY RENTAL AND STAY AT THE PROPERTY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH AND PROPERTY DAMAGE. I ACKNOWLEDGE THAT THIS DOCUMENT APPLIES EVEN IF RELEASEES MAY BE NEGLIGENT IN WHOLE OR PART. I UNDERSTAND THAT THIS DOCUMENT APPLIES TO AND SHALL BE EFFECTIVE AND BINDING UPON ME, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE, ESTATE, AND ALL MEMBERS OF MY FAMILY, MINORS, AND OTHERS IN MY CARE, CUSTODY OR CONTROL.