Terms + Conditions

 
 
 

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

 

            IN CONSIDERATION for being permitted to enter premises and property for vacation rental or any other purpose, the undersigned, for himself/herself, his/her personal representatives, guests, children, heirs, and next of kin, acknowledges, agrees, and represents that he/she has or will immediately upon entering, and will continuously thereafter, thoroughly inspect such areas and his/her continued presence constitutes an acknowledgment that he/she has inspected house, deck and entire property and he/she finds and accepts such areas as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she feels anything to be unsafe, he/she and all guests will immediately leave the area and advise appropriate persons.

            THE UNDERSIGNED hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE S & E Investments LLC, Emie Alsobrook and Sarah Hiler personally and as company or corporate representatives, their members, managers, operators, officials, officers, directors, employees, owners and lessees of the premises, all for the purposes herein referred to as “releasees”, from all liability to the undersigned, guests, representatives, assigns, heirs and next of kin for any and all loss or damage, and any claim or demand thereof on account of INJURY to the person(s) or property or resulting in DEATH of the undersigned or guests, whether caused by negligence of the releasees or otherwise while in or upon the area.

            THE UNDERSIGNED hereby AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may occur due to their presence in or upon the area and whether caused by the negligence of the releasees, natural risky conditions or otherwise.

 

WARNINGUse of boat dock, kayak, any and all water toys, and/or firepits carries risk that may result in serious injury or death, and unsupervised use by children is prohibited.  All persons must wear life vests when in or around the lake or river. Elderly persons, pregnant ladies, infants and anyone subject to heart disease, diabetes, low or high blood pressure, strokes, epilepsy or similar afflictions should not participate in vigorous activity nor enter the lake alone and without consulting their physician.  Never use a spa or water toys while under the influence of drugs or alcohol.  If you are taking medication of any kind, or being treated for any illness, consult your physician prior to these activities.  No more than 10 people on top balcony and 25 on bottom balcony. Supervise children at all times to decrease risk of injury, death or drowning.

 

PETS: Approval prior to arrival is a MUST. Pets are allowed as long as the applicable pet fees have been paid. Unauthorized occupancy of pets will result in immediate eviction and loss of all rents and deposits. If discovery of unauthorized pets is made after your departure, a penalty of $50 plus any additional cleaning charges will be assessed. If you are given permission to bring a pet the following rules must be followed: 1. $50.00 non-refundable pet deposit must be paid. 2. Pet(s) will not cause danger, damage, nuisance, noise, health, or hazard to the home, premises, grounds, common areas, parking area, landscaping, gardens, or walks. Tenant will accept FULL responsibility and liability for any damage, injury, or actions arising from or caused by their pet(s). The cost of the damage will be charged to the pet owner. 3. Renter warrants that the pet(s) are housebroken. Renter warrants that the pets have no history or tendency to cause physical harm by actions such as biting, scratching, chewing, etc. Pets must be on a leash or contained at all times. 4. No pets on any furniture or bedding. Any indication of such (pet hair, etc.) will result in charges to your credit card for additional clean up (laundry and/or upholstery and/or carpet cleaning). 5. All waste must be picked up and placed in the garbage cans tied securely in trash bags. 6. Any cleaning that must be done will be charged to renter at rate of $50 an hour.

 

DANGER:   There are many risks and dangers inherent to this terrain/body of water that could jeopardize both health and life, specifically including but not limited to perilous rock cliffs, waterfalls, fast moving currents of water, wild caves and caverns.  Caves exploration is at your own risk and should only be attempted by 3-4 or more experienced climbers and spelunkers.  You will need your own climbing gear and this is not intended for children nor should it be done alone.  

 

            THE UNDERSIGNED hereby ASSUMES FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of the releasees, or otherwise while in or upon area.

 

            THE UNDERSIGNED hereby certifies that he/she and guests (they) have adequate insurance to cover any injury or damage that may be caused or suffered while in or upon area, or else agrees to bear the costs of such damage or injury.  The undersigned further that he/she/they have no medical conditions which would interfere with use of hot tub, swimming, canoeing, rafting, spelunking, hiking, rock climbing, climbing stairs, etc. or else assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition and expressly acknowledges such physical activities are dangerous and involve the risk of serious injury and/or death and/or property damage.  The undersigned further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by law and that if any provision is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

            Any dispute, controversy or claim arising out of or related to this Agreement or the interpretation of this Agreement shall be settled by arbitration in accordance to the rules of the American Arbitration Association, except to the extent modified below.  The place of arbitration shall be Porum, OK. 

           

            THE UNDERSIGNED HAS READ, UNDERSTANDS THE RISKS, AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILTY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.