Guest Use of Water Bodies & Equipment
Serenity Holiday Properties – Guest Use of Water Bodies & Equipment – Release of Liability, Waiver of Claims and Assumption of Risk
As a guest of the Property, I acknowledge that I am informed and aware that:
- IF there is a water body, be it a pool / spa / hot tub / pond / lake / dam /soak or other natural water body on or in close proximity to the Property, it poses a risk to any and all guests/persons on the property during my stay. If the water body is not yet advertised or registered with the local authority, then the Guest understands that they are paying for the use of the holiday home and not for the use of the water body and that their stay excludes the use of the water body. I also understand and acknowledge that use of the water body, operational equipment, other equipment (including recreational equipment) and facilities provided by the Owner or Serenity Holiday 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 environment, from contamination, from animals, from the acts of myself or others, or from the unavailability of emergency medical care.
- Guests to the property are responsible for access to and the safe operation of the pool, spa, or hot tub and any equipment, including but not limited to operational and rescue equipment for themselves, their guests and all minors in their care, custody or control.
- PONDS/LAKES/DAMS/SOAKS Swimming in or use of ponds /lakes /dams /soaks or similar water bodies on the property is strictly not permitted.
- There may or may not be a fence around any water body on the Property.
- POOL / SPA / HOT-TUB Temperature & Water Quality & Any Loss of Use:
Pools, spas and hot-tubs, whether equipped, or not, with heaters and automatic chemical cleaners, testing and dosing equipment, are not guaranteed to sustain any constant temperature or water quality. Please note that water body temperatures and water quality can vary due to certain circumstances, including but not limited to; climate, rain, evaporation, fungus or algae caused by extreme temperatures, natural contaminants, excessive use, or contamination by Guests. There shall be no compensation for any loss of use. Any damage to the pool/spa/hot tub or other water body caused by the Guest and any other persons on the Property during the agreed upon Rental Period, including but not limited to: broken glass or other items introduced into the water body, 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.
- POOL /SPA /HOT-TUB Rules of Use:
By booking an accepting entry to the Property the Guest agrees to abide by the following rules of use and the Owner /Agent reserve the right to evict any guests to the Property who are not following the rules set out below.
- WARNING NO LIFEGUARD ON DUTY
- Only registered guests of the property may use the pool /spa / hot tub. No additional users allowed and no parties or events of any kind permitted.
- Children (under 18 years) must be supervised by a parent/guardian (over 18 years).
- No pets permitted in the pool area.
- Please shower before entering the pool.
- Do not prop open any gates or doors leading to the pool /spa /hot tub.
- Do not provide any ladder or step as a means of access to the gate/door lock.
- Do not provide keys or codes for access to any minors.
- Alcohol, food, drink & smoking are not permitted in the pool /spa/hot tub & equipment areas.
- No glassware in the pool/spa/hot tub area.
- Swimmers must provide their own towels – do not use the Property towels.
- Strictly no diving, bombing, rough play or running.
- No inflatables, mats or boards allowed.
- Infants/children not yet toilet trained must wear aqua nappies.
- Pool used strictly at users own risk.
- Personal property or equipment is strictly at the users risk
- Pool dimensions and water depth will be indicated on/around the pool deck or o a sign in close proximity.
- SPA/Hot-Tub Shut Off (if applicable): When and if the spa/hot-tub 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 Security Deposit.
- The Guest is also aware that their 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. The Guest 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, the Guest agrees on their own behalf and on behalf of their guests and all minors their care, custody or control to assume full responsibility for the risks identified herein and those risks not specifically identified. Guest hereby releases from liability and waives any and all claims that they have or may have in the future against Serenity Holiday Properties and its members, principals, agents, officers, employees, and representatives (collectively “Releasees”) as well as the landlord/owner of the Property.
- The Guest understands and acknowledges that being in or near oceans, rivers and other natural water bodies presents various risks and hazards, including strong currents, unexpected wave activity, floating debris, dangerous animals, marine watercraft, and other potential hazards. The Guest assumes all such risks associated with being near or in natural water bodies.
- The Guest agrees 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 booking and accepting entry to the Property, the Guest assumes all risk, and takes full responsibility and waives any claims of personal injury, death or damage to personal property associated with activities and events during or related to the stay in the Property.
BY BOOKING AND ACCEPTING ENTRY TO THE PROPERTY, THE GUEST ACKNOWLEDGES THAT THEY HAVE READ THIS ENTIRE DOCUMENT AND HAVE UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM. THE GUEST UNDERSTANDS THAT THE EFFECT OF THIS DOCUMENT IS THEY ARE RELEASING LIABILITY AND WAIVING THEIR RIGHT TO SUE RELEASEES AND THE GUEST IS ASSUMING RISK FOR MATTERS RESULTING FROM, ARISING OUT OF OR RELATING IN ANY WAY TO THE RENTAL AND STAY AT THE PROPERTY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, EVICTION, LOSS OF BOND, PERSONAL INJURY, DEATH AND PROPERTY DAMAGE. THE GUEST ACKNOWLEDGES THAT THIS DOCUMENT APPLIES EVEN IF RELEASEES MAY BE NEGLIGENT IN WHOLE OR PART. THE GUEST UNDERSTANDS THAT THIS DOCUMENT APPLIES TO AND SHALL BE EFFECTIVE AND BINDING UPON THEMSELVES, THEIR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE, ESTATE, AND ALL MEMBERS OF THEIR FAMILY, MINORS, AND OTHERS IN THEIR CARE, CUSTODY OR CONTROL.