LIABILITY WAIVER
I, (“Releasor”), a visitor to the Harmony Oaks Homestead, acknowledge that I am informed and aware of the following points:
1) IF there is a pool 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 which include the zipline, tire swings, swings, swurfer) and facilities provided by Owner or the Harmony Oaks Homestead, 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.
2) There may or may not be a fence around the pool.
3) 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.
4) I am 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.
5) 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 the Harmony Oaks Homestead and its members, principals, agents, officers, employees, and representatives (collectively “Releasees”) as well as the landlord/owner of the Property.
6) 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.
7) 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.
8) Furthermore, I am hereby notified and I grant my consent to the fact that security cameras are operational in certain non-private areas around Harmony Oaks Homestead, which for the purposes of security and protection, record both video and audio. These cameras are actively recording in the interest of safety and crime prevention.
9) I have been duly informed that there are no active cameras within any private living quarters across the property, with the sole exception of the designated office area situated on the upper floor of the main house, known as the "Harmony Oaks office." I acknowledge and consent to the absence of surveillance cameras in private living spaces, thereby upholding the privacy rights of guests within these locations.
10) I acknowledge and agree that the video and audio recordings captured by the security cameras may be used by Harmony Oaks Homestead’s authorized personnel, property management, or as required by law enforcement agencies, in accordance with applicable laws or in response to a legal process, and that such recordings may be stored for a period deemed necessary by the aforementioned entities.
11) I confirm my awareness that the Harmony Oaks Homestead has posted sufficient signage to inform all guests of the operational security cameras on the premises. I understand that by consenting to enter the property of Harmony Oaks Homestead, all guests implicitly agree to the capture of their likeness and voice in the areas under surveillance, except within the privacy of living quarters as previously delineated.
12) I understand that the surveillance system operates in accordance with schedules and protocols established by the management of Harmony Oaks Homestead. I relinquish any claims against the Releasees for incidents that may transpire during periods when the surveillance system is non-operational or should there be occasions when recordings fail to capture specific actions or events for any reason.
13) This Document is also inclusive of house sitters, defined as individuals who temporarily reside on the property of Harmony Oaks Homestead for the purpose of property care and maintenance during the absence of the homeowner(s). Said house sitters are subject to the same risks, responsibilities, and waivers of liability as other guests and visitors as outlined in points 1 through 12.
14) House sitters expressly acknowledge and agree that, in the exercise of their duties and occupancy on the property, they are equally bound by the terms of this Document. They accept and fully comprehend the risks inherent to their presence and participation in property maintenance, which may include, but are not limited to, the use of equipment, exposure to weather conditions, and interaction with the facilities and terrain of the Homestead.
15) I understand that house sitters, by virtue of residing in non-private quarters of Harmony Oaks Homestead, shall also adhere to the surveillance policy as set forth in this Document. They assent that video and audio recording devices operate in designated areas of the property for the purposes of security and they hereby waive any expectation of privacy in relation to these recordings, except within designated private living quarters which are exempt from such surveillance.
16) House sitters are obliged to maintain the confidentiality and privacy of the Harmony Oaks Homestead during their stay and shall not disclose any proprietary or sensitive information regarding the property or its operations. Any breach of this confidentiality may result in immediate termination of the house-sitting arrangement and potential legal action.
17) All house sitters must sign and abide by the terms of this Document prior to their occupancy as a prerequisite to their engagement in any house-sitting duties at Harmony Oaks Homestead. By signing, they agree to be bound by all conditions, waivers, and discharges herein and acknowledge that they are doing so freely, without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law.
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.
I can confirm that I have read and agree to the liability agreement on this page.
.
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