GUEST ACKNOWLEDGEMENT, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND RULES AGREEMENT
This document outlines the terms and conditions for your stay at the property located at 69-1010 Keana Place, APT D304, Waikoloa, HI, 96738 ("Property"). The Property is owned by Pei Wang and Ke Yu ("Owner"). Your booking and commencement of your stay constitute your acceptance of these terms on behalf of yourself, all members of your party, and their invitees ("Guest"). You are responsible for sharing this agreement with all members of your group.
This Agreement applies to all members of the Guest's party no matter the age or affiliation ("Group"). Guest acknowledges that Guest is responsible for sharing the renter agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest.
In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:
USE OF PROPERTY, AMENITIES, AND HOUSE RULES
Guests acknowledge access to various amenities, including, but not limited to, swimming pools, spas/hot tubs, outdoor grills, baby gear, bicycles, beach gear, kitchen appliances, and wireless internet (Wi-Fi). Guest agrees that use of the Property and all amenities is entirely voluntary and must be conducted in a careful, safe, responsible, and respectful manner, in full compliance with all posted rules and instructions.
GUEST AND GUEST’S PARTY MUST FOLLOW THESE SPECIFIC RULES AND PROHIBITIONS
No Pets: Animals of any kind are strictly prohibited on the Property. Unauthorized animals will result in immediate termination of the rental agreement without a refund and may incur additional cleaning fees.
No Events or Parties: The Property cannot be used for parties, events, weddings, receptions, or any gatherings that exceed the number of registered guests without prior written consent from the Owner. Violating this rule may result in immediate termination of the rental agreement without a refund and forfeiture of the security deposit.
Quiet Hours: Guest must observe quiet hours daily between 9:00 PM and 8:00 AM, as required by the Hawai‘i State Short-Term Vacation Rental (STVR) permit and local ordinances. Noise levels, including voices and music, must be kept to a minimum to avoid disturbing neighbors. Failure to comply is a serious breach of this agreement and may lead to immediate termination of Guest’s rental agreement for all remaining nights.
No Smoking/Vaping: Smoking, vaping, or using e-cigarettes is strictly prohibited inside the residence and anywhere on the Property premises, including lanais, patios, or balconies. Evidence of smoking will result in forfeiture of the security deposit and liability for deep cleaning costs.
No Commercial Photography/Filming: Using the Property for any commercial photography, videography, or filming is prohibited without express written permission and a separate agreement from the Owner, which may include additional fees and specific contracts.
Food Handling: To prevent pests, Guest must not leave food out, unattended, or improperly stored. Guest understands that insects, rodents, and lizards are common in tropical environments and may be encountered during the stay. No refunds will be offered for such encounters.
No Shoes Indoors: Guest is asked to follow the local custom of removing shoes upon entering the residence. Guest also agrees to use all furnishings and equipment solely for their intended purpose and with appropriate care.
Occupancy Limits: The number of occupants must not exceed the capacity stated on the website, confirmation letter, or booking details without prior approval. Violations are grounds for expedited eviction without a refund.
Access to Property: Guest grants the Owner specific permission to enter the premises for inspection, maintenance, and repair at any time. If the Property is listed “For Sale,” Guest agrees to grant access by scheduled appointment upon notification.
FINANCIAL AND BOOKING TERMS
Payments: All payment is due at the time of booking. If any automatic payment fails, Guest is responsible for ensuring the balance is paid promptly to avoid cancellation of the reservation. All payments will be reflected on Guest’s credit card statement.
Cancellation Policy: The cancellation terms applicable to this reservation are those specified in the listing on the platform through which the booking was made. Such terms are incorporated herein by reference and shall govern in full.
Damages: Guest is responsible for any damage caused to the equipment or Property. A portion or all of the security deposit may be retained to cover repair costs. If damages exceed the deposit amount, Guest will be billed for the full amount, including reasonable attorney’s fees.
Lost and Found: Guest is responsible for all shipping costs for any lost and found items requested to be returned. Unclaimed items will be disposed of after 30 days.
Linens and Towels: Guest is responsible for lost or damaged linens and towels at a cost of two times the standard rental price.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY
Guest understands and expressly agrees that the use of the Property and all amenities is entirely at Guest’s own risk. Guest assumes full responsibility for all risks of injury, illness, death, or property damage, regardless of severity, arising from or related to the use or misuse of the Property and its amenities. The Owner is not in the business of providing equipment rental or related services.
Beach, Ocean, and Other Activities: Guest acknowledges that activities like bicycle riding, grilling, cooking, swimming, and beach/ocean activities have inherent risks. These risks include traffic, waves, currents, wind, and marine life. Guest must always check conditions with local authorities, never turn their back to the ocean, and never swim alone. The risks and responsibilities of safely using amenities rest solely on Guest and Guest’s party.
Environmental and Construction Conditions: Guest understands and accepts that construction and maintenance can occur at any time without prior notice and may impact the stay. Guest also agrees to assume the risks associated with the Property’s location, including it being near a golf course, in a tsunami inundation area, or a flood plain, and other environmental conditions. No refunds will be offered for such occurrences.
Release of Liability: To the maximum extent permitted by law, Guest hereby releases, waives, and discharges the Owner, and their respective agents and affiliates (“Releasees”) from any and all liability, claims, and demands whatsoever. This includes any loss, damage, or injury, including death, sustained by Guest or Guest’s party while on the Property or using any amenities, regardless of whether caused by the negligence of the Releasees.
Indemnification: Guest agrees to indemnify the Owner from any liability for injury to Guest or any other person occupying the Property, except for personal injury caused by the gross negligence or intentional acts of the Owner.
MISCELLANEOUS PROVISIONS
Supervision of Minors: Guest is solely responsible for the constant and diligent supervision of all minor children in Guest’s party. Guest acknowledges the Property is not childproof and contains potential hazards.
Inoperable Equipment/Services: No refunds will be provided for inoperable appliances, pools, hot tubs, or other equipment. The Owner will make every reasonable effort to ensure they remain in good working order. No refunds will be given due to power blackouts, water shortages, or mandatory evacuations.
Hot Tub or Pool Use: Misuse of a hot tub or pool by spilling foreign substances into it (e.g., soap, oils, glass) will result in a service call charge. Pets and food are strictly prohibited in pools or hot tubs, and violation is grounds for expedited eviction.
Wi-Fi Use: Wi-Fi is provided as a convenience. Guest agrees to use it responsibly and lawfully. The Owner is not responsible for its speed, reliability, or any damages.
Third-Party Service Providers: Any third-party providers—whether individuals or companies—other than the in-house concierge team require prior written approval from the Owner and proof of active liability insurance before entering the property. Unauthorized vendors are prohibited and may result in service cancellation, removal from the property, and additional fees. The Guest is fully responsible for any damages, injuries, or losses arising from services provided by any vendor, approved or unapproved, and agrees to indemnify and hold harmless the Owner from all related claims or liabilities.
Termination of Agreement: The Owner may terminate this agreement upon Guest’s breach of any terms. In such a case, Guest is not entitled to a refund and must vacate the Property immediately. The Releasees reserve the right to refuse service or rescind this agreement at any time if Guest falsifies information.
Governing Law: This agreement shall be enforced under the laws of the state where the Property is located, which is the State of Hawai‘i. Legal action may only be instituted in the county where the Property is located.
ACKNOWLEDGEMENT AND AGREEMENT By completing the booking and/or commencing the stay at the Property, Guest acknowledges they have carefully read, fully understand, and voluntarily agree to all terms, conditions, rules, and prohibitions set forth in this Disclaimer and Agreement on behalf of themselves and all members of their party. Guest agrees that the use of the Property and all Amenities is at their own risk and that they will take all necessary and reasonable precautions. Violation of these rules may result in termination of the rental agreement without refund.
WAIVERS AND RELEASES Guests further agree to waive and relinquish all claims related to use of the Property and any Amenities that any Guests may have (or claims accruing to Guest) against Owner, including either of Owner respective partners, owners officers, servants, agents, vendors, volunteers, representatives, or employees (hereinafter collectively referred to as the “Releasees”). Engaging in activities and/or any use by Guest and other occupant(s) and invitee(s) of Guest of any bicycles, transportation gear, and/or any cooking and/or any recreational items (i.e. beach chairs, bbq equipment, etc.) is done so at each Guests’ own risk. Guests, for themselves and for the other occupant(s) and/or invitees of Guests, hereby waive, release, and hold Releasees harmless, from and against any and all injuries, damages, losses, expenses, (including legal costs and reasonable attorneys’ fees), claims or injuries, directly or indirectly arising from the use of these Amenities or any other items found in, on, or around the Property.
Each of the Guests acknowledge and agree that Releasees would not rent the Property unless these conditions were accepted by each of the Guests. As such, each of the Guests, for themselves and for the occupant(s) and/or invitees, hereby RELEASES, WAIVES AND HOLDS HARMLESS Releasees from and against any and all losses, costs, expenses (including legal costs and reasonable attorneys’ fees), damages, claims or injuries, whether direct, indirect, consequential or otherwise, whatsoever or howsoever caused or incurred, whether arising in contract or otherwise in law or in equity, as a result of the uses and Amenities herein described or as substituted (including the condition thereof), and including, without limitation, any loss, costs, expense, damage, claim, injury, or death resulting from or related to any use of the same, also including any delay, substitution, rescheduling or change in the provision of accommodations or services hereunder, or by reason of theft or damage to personal property or vehicles in, on, around, or near the Property, or by reason of actions by or operations of tenants/occupants of neighboring properties, military action, revolution, act of God, or whether caused by agents, employees, subcontractors, servants or third parties in supplying any of the accommodations or services as described herein or as substituted. Guests again acknowledge and agree that Releasees would not rent the Property or provide any services to Guest and Guest’s invitees unless these waivers, limitations, and conditions were accepted by Guest on behalf of Guests and Guest’s family and invitees.
RELEASEES, IN THEIR SOLE AND ABSOLUTE DISCRETION, RESERVE THE RIGHT TO REFUSE OR DISCONTINUE SERVICE TO ANY PERSON(S) AND/OR TO RESCIND THIS AGREEMENT AT ANY TIME IF GUEST SHALL FALSIFY ANY INFORMATION OR DOCUMENTS. IN THE EVENT OF CANCELLATION, GUESTS’ SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO A REFUND OF PRE-PAID CHARGES FOR THE UNUSED TIME/SERVICES.
Guest(s) each hereby fully release and forever discharge Releasees from any and all claims for injuries, damages or loss that each Guest and/or their invitees may have or which may accrue to them and/or arising out of, connected with, or in any way associated with their use of the Property or any of the Amenities. As such, each Guest hereby WAIVES, DISCHARGES AND COVENANTS NOT TO SUE AND RELEASES Releasees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by any Guests or their invitees or any of their personal property.
Guests expressly intend that this Waiver and Release shall bind the members of their families and spouses if alive, and their respective heirs, assigns and personal representative if deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the Releasees. Guests further agree that this waiver and release shall be governed by the laws of the State of Hawai`i. This Notice, waiver and release stands alone and all signing parties intend that it be independently enforceable. If any terms or other provisions of this waiver and release are determined by a court of competent jurisdiction to be invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other terms, provisions and conditions of this waiver and release shall nevertheless remain in full force and effect.