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Experience the ultimate beachfront retreat at The Songbird, a stunning 5-bedroom, 5-bathroom penthouse in downtown Norfolk, Virginia. Boasting panoramic views of the Chesapeake Bay, this luxurious property offers direct private beach access, a private hot tub, sauna, and endless amenities to make your coastal getaway unforgettable.
The spacious open-concept layout features 11 beds across 5 bedrooms, accommodating up to 10 guests comfortably. Indulge in the gourmet kitchen with a 36" gas cooktop, or unwind in the game room complete with a pool table, bar, and cozy lounge. Step out onto the expansive deck to take in the breathtaking sunset views, or venture down to the beach for a day of sun and sand.
Key features include:
Located just steps from the Chesapeake Bay, this newly renovated oceanfront duplex offers the perfect balance of modern luxury and coastal tranquility. Discover your ultimate beach retreat at The Songbird.
This description is for informational purposes. Please verify all details, including amenities, policies, fees, and availability, on the booking platform before booking.
You’ll be staying in someone’s home, so please treat it with care and respect.
Guests MUST read our entire listing, including our house rules section - booking our home is a legally binding contract that you agree to abide by all rules, disclaimers, and pay any corresponding fees as a result of violations! You agree to pay extra fees and leave the property immediately (no refunds) for violating any of our house rules.
Any intentional violation of house rules may result in added fees and / or immediate termination of the remaining booking without refund.
If there are ANY issues during your stay, we MUST be notified immediately.
Any damages, additional cleaning fees, rules violations caused by guests / pets (including excessive dog fur, pet waste, makeup stains on white towels, excessive stains on linens, quiet hour disturbances, late checkouts, etc.) will be billed directly to the guest and reported to AirBnB (or other listing channel, as applicable).
SECURITY DEPOSIT HOLD & SIGNED RENTAL AGREEMENT REQUIRED: Booking guests are required to sign a rental agreement (ID required), no third party bookings. Security deposit hold required of $1,000 to be collected 3 days prior to check in and absent any damage or needed reductions, to be returned 7 days after check out. Deposit hold to be processed using the credit card used for booking.
TRAVEL INSURANCE: We HIGHLY recommend that ALL guests obtain trip insurance for their own protection and peace of mind as we do not have any control over the weather or things that may occur on your end that impact your trip. We honestly can not recommend this enough as things can always happen and you want to be protected when they do.
🌡️ Hot Tub All guests MUST RINSE OFF / SHOWER BEFORE using the hot tub (we have an outdoor shower available, on the path to the beach). There is a $150 cleaning fee (minimum) for violations. Hot tub use is AT YOUR OWN RISK. (See “Exhibit C: Hot Tub Instructions & Waiver of Liability" below)
🌡️ Sauna Sauna use is AT YOUR OWN RISK (See “Exhibit D: Sauna Access & Waiver of Liability" below)
🛶 Beach Access Beach use is AT YOUR OWN RISK (See “Exhibit E: Beach Access & Waiver of Liability" below)
🚣 Kayak Access All guests MUST WEAR LIFE VESTS at all times when using a kayak. There is a $1,000 fee (minimum) to replace a damaged kayak. Kayak use is AT YOUR OWN RISK (See “Exhibit F: Kayak Access & Waiver of Liability" below) - WE DO NOT GUARANTEE THE AVAILABILITY OF KAYAKS
🚭 NO SMOKING - Evidence of smoking will result in a $500 fine (minimum). This is the starting fee charged for the use of Ozone to remove odors caused by smoking.
🎉⛔ NO PARTIES OR VISITORS: We do not allow parties/events at our home or allow outside visitors (i.e. those not staying at the property as part of your reservation). Any person/pet entering the property (regardless if they're staying overnight, only stopping by, etc.) is considered a guest and is to be reflected in the total guest/pet count. All guests/pets are to be disclosed prior to the start of a stay; pricing of our home is on a per guest/pet basis and may adjust with higher or lower numbers of guests/pets. No unregistered guests/pets or visitors at any time ($250 fee per person/pet, per occurrence). There is a minimum $1,000 fee for any unauthorized party/event held on our property.
⏰ Check-in / Check-out Check-in after 4pm / check-out before 10am. The booking guest who is listed on the booking summary must check-in before any other guests may enter the property and must be physically present at check-out. Prior to arrival, booking party must be sure that guests staying at the property are listed in the agreement signed by booking party (this includes human and pet guests). Late check-outs will receive a 15-minute grace period. Late check-outs of more than 15 minutes will be subject to a $100 fine and an additional $100 for each additional hour.
🐞 Wildlife/Bugs Expect to encounter wildlife. We often see dolphins in the water and bald eagles or other falcons flying around. There will be bugs! A cost of being so close to water. Consider packing bug spray, and please keep all doors/windows to the house closed when not in use. Our home is surrounded by water, and in a naturally hot and humid environment - all qualities that create the perfect environment for pests of all varieties. We make every effort to minimize their impact on our guests and proactively and preventatively treat the grounds. Mosquitoes, flies, outdoor bugs, and rodents are a natural part of VA living and cannot be completely avoided or eradicated. Guests should keep doors and windows closed when not in use to prevent outdoor pests from entering the house. The sighting of pests does not constitute or warrant a refund of any kind. In the rare event of a pest sighting inside our home, guests must notify us and allow a reasonable amount of time and access to the unit to inspect and address them.
🐕 Pets If staying with a pet(s), please give advance notice with description of pet(s). Prior approval of all pets is required. We are unable to accommodate animals other than dogs at this time. • Any and all animals must be pre-approved by owner prior to booking • Service animals must be disclosed at the time of booking • Up to 3 dogs allowed (there is a fee per dog) • Must be housebroken and up-to-date on vaccines • Permitted on furniture only if covered • May not be left unattended at any time • Must comply with all local leash laws With respect to all pets, you agree to (a) comply with all applicable laws, (b) promptly and properly dispose of all of waste, (c) not permit the pet to become a threat or nuisance to any other person and (d) be solely responsible and liable for the behavior and actions of the pet.
🤫 QUIET HOURS 10PM-7AM You MUST keep noise to a minimum from 10pm to 7am. This is a city requirement. Noise can travel easily, and we are in regular communication with neighbors. We request guests be respectful of the neighbors and quiet hours. Our home is equipped with noise monitoring devices which will notify you and us if elevated noise is detected. Ignoring such notifications and calls will result in a $500 fine (minimum) per 30 minutes of sustained higher than allowed noise levels. This fee is charged for the involvement of hosts, property manager(s), AirBnB (or other listing channel, as applicable), noise monitoring representatives, authorities, etc. to monitor and respond to noise issues.
🔍 Items Left Behind For any items left behind after a stay, we're happy to send them to you via UPS / FedEx - please note there is a minimum trip fee of $50 for a member of our team to make a trip to send an item (for time, mileage, parking, etc). We are not responsible for items left behind which may be discarded / lost! Please look carefully when checking-out to avoid leaving items behind!
🧴 Missing Items Please do not take or discard any bottles, even if they're empty (soap, shampoo, conditioner, makeup remover, etc) as we refill them between guests. Replacement fees apply for any and all missing items!
💌 Deliveries We do not accept any deliveries for guests - DO NOT SHIP ANYTHING TO OUR HOME as it will not be accepted / and will be returned to sender. If you need to have something delivered during your stay, please send it to a nearby Amazon locker, UPS and FedEx have hold package services, etc. We are not responsible for lost / missing deliveries!
🔌 Electronics No disconnecting or tampering with wireless router(s), modem, security cameras, smart locks, hot tub sensor, nest thermostat, noise decibel monitors, or other electronics - $500 fine (minimum)
EXHIBIT C HOT TUB INSTRUCTIONS AND WAIVER OF LIABILITY
By renting our property, you agree to the RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT for HOT TUB USE below:
IN CONSIDERATION OF the risk of injury that exists while SOAKING IN the HOT TUB (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, personal representatives, executors, administrators, assigns, guests, children, heirs, and next of kin, (hereinafter collectively, “Releaser,” “I” or “me”, which terms shall also include: Releaser’s parents or guardian if Releaser is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge the owners for this property, (hereinafter “Owners”) their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result, direct or indirect, of my participation in the Activity.
I HEREBY acknowledge that upon entering the hot tub area, I will continuously thereafter, thoroughly inspect such area. My continued presence constitutes an acknowledgment that I have inspected this area and find and accept such areas as being safe and reasonably suited for the purposes of the Activity.
I further agree and warrant that if, at any time, I feel or think anything to be unsafe, I and all guests will immediately leave the area and advise Owners.
I am voluntarily participating in the Activity and I am participating entirely at my own risk. I am aware of the associated HOT TUB RISKS which may include but are not limited to drowning, heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations, physical/psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, paralysis or death.
I understand that these injuries or outcomes may arise from my own or others’ negligence, including that of Owners, or from the conditions at the Activity location. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. Some of the known risks, rules, and precautions are noted below, and I have read and understand these: • Must KEEP the hot tub CLEAN and CLEAR: (Any violations will result in the renter being charged a minimum cleaning fee of $150.) • YOU MUST RINSE OFF / SHOWER BEFORE you get in to remove all particles, oils, cosmetics and hair and skin products. • No shoes, street clothes, pets or glass containers in or around the hot tub. • Do not eat, or drink, or use soap and shampoo while INSIDE the hot tub. NO oils, bubble bath, soaps, other liquids, or any other harmful materials will be used in the hot tub. • Do not urinate or spit into tub. • And absolutely no sexual activity while inside the hot tub. • Damage to any cover will result in a minimum $1,000 charge. Renter agrees that there will be no horseplay in the hot tub as well as not to sit on, jump on, or misuse the hot tub cover in any manner. • Cover should remain on the hot tub at all times when not in use. • Don’t get in tub if you have open sores or wounds, or cuts, or diarrhea. • Pregnant women and those with heart disease ARE NOT ALLOWED IN THIS HOT TUB. • Use extreme caution and your own judgment when allowing children in the hot tub—you are entirely responsible for what happens to your child. The American Association of Pediatrics (AAP) recommends that: • Children under the age of five do not go into hot tubs. • Older children, over the age of five, should always be accompanied by an adult in a hot tub. • The temperature of the water should be no more than 104 degrees F, and kids should spend no more than 5-15 minutes in the tub. • Children should not go underwater, because their hair could get caught in the suction drain. Going underwater in a hot tub may also increase their risk of getting an ear infection or other bacterial infection. • If you are taking medication of any kind, or being treated for diabetes, low or high blood pressure, strokes, epilepsy, weakened immune system or other conditions, or are a frail elderly person, consult your physician prior to use of the hot tub. • It is advised to limit your soak in the hot tub to NO MORE THAN 15 MINUTES at a time. If you overheat and faint, you can drown. • Shower when you get out to rinse off the hot tub chemicals. • Keep your head, arms and upper chest out of the water to avoid overheating. Get out if you feel dizzy, overheated, nauseous, or unwell. • Stay hydrated before getting into the hot tub. • Check the temperature. Do not get in if over 104˚ F. • DO NOT DRINK ALCOHOL or USE DRUGS before or during hot tub use. • Be careful when getting in/out to prevent slipping or falling.
I FURTHER AGREE to INDEMNIFY, DEFEND, AND HOLD HARMLESS the releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity involving this Activity on behalf of the Releasees. ● In the event that I should require medical care or treatment, I agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. ● I am aware and understand that I should carry my own health insurance.
I hereby acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Owners and their Releasees from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Owners for personal injury or property damage. To the extent that statute or case laws does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Owners and Releasees.
I agree that this Release shall be governed for all purposes by Virginia law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. This waiver and release of liability shall remain in effect for the duration of my participation in the Activity, during this initial and all subsequent events of participation.
EXHIBIT D SAUNA ACCESS AND WAIVER OF LIABILITY
By renting our property, you agree to the RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT for SAUNA USE below:
IN CONSIDERATION OF the risk of injury that exists while IN the SAUNA (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, personal representatives, executors, administrators, assigns, guests, children, heirs, and next of kin, (hereinafter collectively, “Releaser,” “I” or “me”, which terms shall also include: Releaser’s parents or guardian if Releaser is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge the owners for this property, (hereinafter “Owners”) their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result, direct or indirect, of my participation in the Activity.
I HEREBY acknowledge that upon entering the sauna area, I will continuously thereafter, thoroughly inspect such area. My continued presence constitutes an acknowledgment that I have inspected this area and find and accept such areas as being safe and reasonably suited for the purposes of the Activity.
I further agree and warrant that if, at any time, I feel or think anything to be unsafe, I and all guests will immediately leave the area and advise Owners.
I am voluntarily participating in the Activity and I am participating entirely at my own risk. I am aware of the associated SAUNA RISKS which may include but are not limited to heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations, physical/psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, paralysis or death.
I understand that these injuries or outcomes may arise from my own or others’ negligence, including that of Owners, or from the conditions at the Activity location. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. Some of the known risks, rules, and precautions are noted below, and I have read and understand these: • NEVER POUR WATER (OR ANY LIQUID) OVER SAUNA COALS!!!!! • DANGER - HOT - DO NOT TOUCH THE SAUNA COALS AT ANY TIME!!! • Must lay on towels inside sauna • Excessive exposure may be harmful to your health • Reduce the risk of overheating - Stay Hydrated! • Adults only • No glass, food or drinks (other than water) inside Sauna at anytime • DO NOT MOVE any of the furniture inside the Sauna - Capacity is 3 people MAX • Check with a doctor before use if pregnant, in poor health, or under medical care • Exit immediately if uncomfortable, dizzy or sleepy • Breathing heated air in conjunction with the consumption of alcohol, drugs, or medication may cause unconsciousness • No shoes, street clothes, pets or glass containers in sauna • And absolutely no sexual activity while inside the sauna. • Damage to sauna will result in a minimum $1,000 charge. Renter agrees that there will be no horseplay in the sauna as well as not to stand on, jump on, or misuse the sauna furniture in any manner. • If you are taking medication of any kind, or being treated for diabetes, low or high blood pressure, strokes, epilepsy, weakened immune system or other conditions, or are a frail elderly person, consult your physician prior to use of the sauna • It is advised to limit your soak in the sauna to NO MORE THAN 15 MINUTES at a time. If you overheat and faint, you can fall unconscious. • Get out if you feel dizzy, overheated, nauseous, or unwell. • Stay hydrated before getting into the sauna. • DO NOT DRINK ALCOHOL or USE DRUGS before or during sauna use. • Be careful when getting in/out to prevent slipping or falling.
I FURTHER AGREE to INDEMNIFY, DEFEND, AND HOLD HARMLESS the releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity involving this Activity on behalf of the Releasees. ● In the event that I should require medical care or treatment, I agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. ● I am aware and understand that I should carry my own health insurance.
I hereby acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Owners and their Releasees from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Owners for personal injury or property damage. To the extent that statute or case laws does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Owners and Releasees.
I agree that this Release shall be governed for all purposes by Virginia law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. This waiver and release of liability shall remain in effect for the duration of my participation in the Activity, during this initial and all subsequent events of participation.
EXHIBIT E BEACH ACCESS AND WAIVER OF LIABILITY
By renting our property, you agree to the RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT for BEACH ACCESS / USE below:
IN CONSIDERATION OF the risk of injury that exists while SWIMMING in the BEACH (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, personal representatives, executors, administrators, assigns, guests, children, heirs, and next of kin, (hereinafter collectively, “Releaser,” “I” or “me”, which terms shall also include: Releaser’s parents or guardian if Releaser is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge the owners for this property, (hereinafter “Owners”) their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result, direct or indirect, of my participation in the Activity.
I HEREBY acknowledge that upon entering the BEACH area, I will continuously thereafter, thoroughly inspect such area. My continued presence constitutes an acknowledgment that I have inspected this area and find and accept such areas as being safe and reasonably suited for the purposes of the Activity.
I further agree and warrant that if, at any time, I feel or think anything to be unsafe, I and all guests will immediately leave the area and advise Owners.
I am voluntarily participating in the Activity and I am participating entirely at my own risk. I am aware of the associated BEACH RISKS which may include but are not limited to drowning, heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations, physical/psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, paralysis or death.
I understand that these injuries or outcomes may arise from my own or others’ negligence, including that of Owners, or from the conditions at the Activity location. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. Some of the known risks, rules, and precautions are noted below, and I have read and understand these:
NORFOLK BEACH RULES
• THERE IS NO LIFEGUARD ON DUTY • NO unsupervised children at any time allowed on the water • NO GLASS and NO BREAKABLE OBJECTS of any kind allowed – LEAVE NO TRACE!! • Bring extra trash bags in your picnic or beach gear and place tied-off bags in nearby receptacles. • Dispose of trash in trash cans. Never leave loose items-especially not cigarette butts on the ground. All trash should be secured in a closed, tied bag. Cigarette butts leach chemicals that kill wildlife and choke seagulls and other sea life who think they are food. • If you are fishing at the beach, collect and dispose of any broken or used fishing line along with any gear. No one wants to step on a hook with their bare feet! • Reduce, reuse, and recycle the things you take to the beach. Pack food and beverages in reusable containers whenever possible. Reuse toys or leave behind for the next guests if you are visiting.
DOGS ON THE BEACH Your pup doesn't need to be left out — bring them along during evenings and mornings all summer long. • No dogs or domestic animals are allowed on beaches from 10 a.m. to 6 p.m. seasonally, beginning the Saturday before Memorial Day through Labor Day. • It is unlawful for dog owners to permit animals to defecate on public or private property without removal and disposal of feces in a proper manner. • Dogs and/or domestic animals must be maintained on a leash (8 feet or less).
CITY BEACH RULES None of the following are permitted on the beach at any time: • Alcoholic beverages • Glass containers • Illegal weapons • Littering • Loud music • Nudity • Obscene behavior • Metal detecting or land disturbance activity • Open fires (grilling) • Grilling is allowed on the grass areas of both Community and Sarah Constant Park Beaches. • Vending advertising, distributing or handing out any cards, leaflets, pamphlets, brochures, or like material is unlawful except by permit. • Residential use of beach trash receptacles is strictly prohibited. • Skateboards, skates, or bicycles are not permitted on beach access ways or ramps. • Trespassing on rock jetties, wooden jetties and sand dunes is unlawful. • Illegal activities and inappropriate behavior will not be tolerated. Failure to comply with directions of Police Officers, Lifeguards or any designee of the City of Norfolk may result in legal actions.
ADDITIONAL BEACH RULES • NO removal of items from the property • Please only use the beach towels on the beach • BOOKED GUEST IS DIRECTLY RESPONSIBLE FOR ANY DAMAGES AND/OR ADDITIONAL CLEANING / REPAIR FEES FOR MISUSE! • Use extreme caution and your own judgment when allowing children in the water or on the beach —you are entirely responsible for what happens to your child. The American Association of Pediatrics (AAP) recommends that: • Older children, over the age of five, should always be accompanied by an adult. • Going underwater at the beach may also increase their risk of getting an ear infection or other bacterial infection. • If you are taking medication of any kind, or being treated for diabetes, low or high blood pressure, strokes, epilepsy, weakened immune system or other conditions, or are a frail elderly person, consult your physician prior to visiting the beach. • Stay hydrated. • Be careful when going to / returning from the beach to prevent slipping or falling.
I FURTHER AGREE to INDEMNIFY, DEFEND, AND HOLD HARMLESS the releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity involving this Activity on behalf of the Releasees. ● In the event that I should require medical care or treatment, I agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. ● I am aware and understand that I should carry my own health insurance.
EXHIBIT F KAYAK ACCESS & WAIVER OF LIABILITY
By renting our property, you agree to the RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT for KAYAK USE below:
IN CONSIDERATION OF the risk of injury that exists while KAYAKING in the BEACH (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, personal representatives, executors, administrators, assigns, guests, children, heirs, and next of kin, (hereinafter collectively, “Releaser,” “I” or “me”, which terms shall also include: Releaser’s parents or guardian if Releaser is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge the owners for this property, (hereinafter “Owners”) their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result, direct or indirect, of my participation in the Activity.
I HEREBY acknowledge that upon entering the shed / dock / waterway / beach area, I will continuously thereafter, thoroughly inspect such area. My continued presence constitutes an acknowledgment that I have inspected this area and find and accept such areas as being safe and reasonably suited for the purposes of the Activity.
I further agree and warrant that if, at any time, I feel or think anything to be unsafe, I and all guests will immediately leave the area and advise Owners.
I am voluntarily participating in the Activity and I am participating entirely at my own risk. I am aware of the associated KAYAK / DOCK / WATERWAY / BEACH RISKS which may include but are not limited to drowning, heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations, physical/psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, paralysis or death.
I understand that these injuries or outcomes may arise from my own or others’ negligence, including that of Owners, or from the conditions at the Activity location. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. Some of the known risks, rules, and precautions are noted below, and I have read and understand these: • Damage to any Kayak will result in a minimum $1,000 charge. Renter agrees that there will be no horseplay as well as no jumping on or misuse of the Kayaks in any manner. • Don’t get in Kayak if you have open sores or wounds, or cuts, or diarrhea. • Life vests are REQUIRED at all times on the water • NO unsupervised children at any time allowed on the water • NO GLASS and NO BREAKABLE OBJECTS of any kind allowed – LEAVE NO TRACE!! • Upon Return, please leave the life jackets neat and tidy in the storage shed • NO horseplay or misuse of equipment • Do not urinate or spit into Kayaks • NO removal of Kayaks from the property • DO NOT DRAG KAYAKS!!! – LIFT WITH 2 PEOPLE • Please only use the beach towels when Kayaking • BOOKED GUEST IS DIRECTLY RESPONSIBLE FOR ANY DAMAGES AND/OR ADDITIONAL CLEANING / REPAIR FEES FOR MISUSE! • Pregnant women and those with heart disease ARE NOT ALLOWED IN KAYAKS • Use extreme caution and your own judgment when allowing children in a Kayak or near to the beach —you are entirely responsible for what happens to your child. The American Association of Pediatrics (AAP) recommends that: • Older children, over the age of five, should always be accompanied by an adult. • Going underwater may also increase their risk of getting an ear infection or other bacterial infection. • If you are taking medication of any kind, or being treated for diabetes, low or high blood pressure, strokes, epilepsy, weakened immune system or other conditions, or are a frail elderly person, consult your physician prior to use of kayaks • Stay hydrated when kayaking • DO NOT DRINK ALCOHOL or USE DRUGS before or during kayaking • Be careful when moving kayaks to and from the beach, and in and out of the water to prevent slipping or falling or injuries.
I FURTHER AGREE to INDEMNIFY, DEFEND, AND HOLD HARMLESS the releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity involving this Activity on behalf of the Releasees. ● In the event that I should require medical care or treatment, I agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. ● I am aware and understand that I should carry my own health insurance.
I hereby acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Owners and their Releasees from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Owners for personal injury or property damage. To the extent that statute or case laws does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Owners and Releasees.
I agree that this Release shall be governed for all purposes by Virginia law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. This waiver and release of liability shall remain in effect for the duration of my participation in the Activity, during this initial and all subsequent events of participation.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s, guests, or agent’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. In the event that any provision contained within this Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect.
I agree that this Release shall be governed for all purposes by Virginia law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. This waiver and release of liability shall remain in effect for the duration of my participation in the Activity, during this initial and all subsequent events of participation.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s, guests, or agent’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. In the event that any provision contained within this Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect.

