-> Construction in the neighborhood is happening next door, usually from 9am to 3pm. -> quiet hours 10pm -> one unit of a side-by-side duplex, which share the pool and outdoor space -> By reserving all guests agree to: For purposes of this Guest Release and Waiver, the definition of Host(s) also includes the Accommodation’s owner(s) and/or leaseholder(s). In order to participate in activities and use the amenities available, your Host(s) require(s) you to accept this Guest Release and Waiver, which is effective between you and your Host(s), as of the first date of your stay or when you first use or participate in an activity or use an amenity, whichever happens first. This Guest Release and Waiver applies to all activities and amenities available at the Accommodation including but not limited to all amenities listed on the Accommodation’s Airbnb listing page, the pool, jacuzzi, bicycles, electric bicycles, electric scooters, sports equipment, games, etc.
All terms not defined here have the meaning given them in the Airbnb Terms of Service. You represent that you are 18 years of age or older. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay, and have read this Guest Release and Waiver and agree to it on the minor’s behalf. If you are booking a stay on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to "you" was a reference to him/her. Assumption of Risks You understand and acknowledge that the activity(s) you participate in and that the amenities that you utilize may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN ACTIVITIES OR USING EACH AMENITY, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE HOST(S) OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING OR THAT ARE PART OF THE ACTIVITY OR AMENITY, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY ACTIVITY OR USING ANY AMENITY. Release and Waiver You acknowledge and agree that: • You have reasonably assessed the risks involved in the activities or amenities(s) and have made an informed and voluntary choice to participate. • You alone, and not your Host(s), are responsible for determining your fitness for participating in any activity or using any amenity and your ability to fully understand any directions or warnings presented. • You will not participate in any activity or use any amenity(s) when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in any activity or using such amenity. • You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in any activity or using any amenity. If you notice any hazard related to any activity or any amenity, you will stop participating in the activity or using the amenity immediately. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR HOST(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN ANY ACTIVUTY OR USE OF ANY AMENITY(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered. You intend this Guest Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Guest Release and Waiver is held to be invalid, the balance notwithstanding shall continue in full force and effect. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTS PROVIDE THE AMENITY “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU. Indemnification You agree that if, despite this Guest Release and Waiver, you or anyone on your behalf make a claim against the Host(s) relating to an amenity, you will indemnify and hold the Host(s) harmless from any liability, demand, loss, damage, or costs which the Host(s) may incur as the result of such claim. You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.