This Vacation Rental Agreement (the “Agreement”) is made and effective the date of acceptance by and between Paseo Homes, LLC company (“Paseo Homes”), all occupants, jointly and severally, including all persons who stay at the Premises and the person(s) identified.
Arrival/Departure: The home will be ready for our Guests arrival/check in between the hours of 4:00 p.m. and 6:00p.m. (MST – Arizona) on the Beginning Date, and Guest shall vacate the Premises on or before 10:00 a.m. (MST – Arizona) on the Ending Date. Guest is more than welcome to request an early check in or late check out. However, they are subject to availability and may be subject to a fee or discount on the nightly rate of the surrounding dates of arrival/departure.
Upon the Ending Date, Guest shall be required to vacate the Premises unless one of the following circumstances occur: (i) Paseo Homes and Guest formally extend this Agreement in writing or create and execute a new, written, and signed rental agreement; or (ii) Paseo Homes willingly accepts new rent from Guest, which does not constitute past due Rent.
Any reservation obtained by Paseo Homes under false pretenses will be subject to forfeiture of advanced payment, deposit or rental money, and the Guest will be prohibited from entering the Premises.
Pets: Dogs of various sizes okay with a pet fee of Seventy-Five Dollars ($75) per dog with acknowledgement that this fee does not cover damages or feces clean-up/removal. Pets are to be cleaned up after prior to departure. If damages occur, Guest agrees to inform Paseo Homes immediately and an invoice for repairs may follow suite.
Travel Insurance: Travel Protection Insurance is readily available through Rental Guardian- which covers cancelation or interruption of your stay, travel delay, baggage delay, rental car damage, and emergency/medical expense. The plan is optional, but we highly recommend it.
*If traveler’s insurance has been purchased, the policy is non-refundable after 14 days of purchase and will not be refunded if reservation is canceled. This is a policy of Rental Guardian.
If you choose not to purchase this coverage, no refunds will be given inside the 30-Day Period. The insurance premium, 7% or 10.8% of the total depending on which policy is purchased, is non-refundable and non-transferable. View more information: www.rentalguardian.com
Hours of Operation: Maintenance is available from 9 AM-5 PM AZ Time. Please report all maintenance issues before 4 PM. Minor maintenance issues reported after 4 PM will be addressed the following day.
Emergency Line: We are available by phone for EMERGENCIES ONLY 24/7. Emergencies include gas leaks, fire, lock out and whole-house power outages. Service calls such as pools, pool heat, appliances, TVs, internet, showers/toilets, etc. are not considered emergencies and need to be reported to the office during business hours.
Mail: Paseo Homes does not recommend packages be scheduled for delivery via the USPS services as all mail is forwarded and will be returned to sender. Guest is also responsible for any package(s) delivered to Paseo Homes’ property via UPS/FedEx, or similar, as no package delivery security is provided.
Refrigerator: One of our most common service calls is for the fridge not cooling shortly after check in. Please allow 24 hours for the fridge to cool back down after filling it with groceries. If after 24 hours the temperature has still not gone down, please call to request a member of our maintenance team to assess the situation.
HVAC: Please do not leave doors open while the HVAC units are running. This will cause the a/c unit to freeze up which can require up 24 hours to thaw. Requests for air conditioner service must be made by 6pm MST/AZ time to be addressed the same day due to vendor restraints. All calls after 6pm will be addressed the next morning. Please do not set thermostats below 72 degrees to prevent the unit from freezing.
Recreation Property: Guest represents and warrants that Guest’s primary residence is located some place other than the Premises and that Guest is utilizing the Premises as a “vacation rental” or “recreational property.” Guest will not use the Premises as a primary residence and Guest will not be domiciled at the Premises unless a long-term rental agreement is agreed upon and executed prior to initial entry is allowed to the home.
Cancellation Policy: If Guest cancels 30 days or more prior to the Arrival Date, Guest will receive 100% refund of the total reservation cost. For cancellations within 29 days prior to Arrival Date, or less, there will be no refund issued. All changes/alterations to a reservation regarding reservation dates or property chosen, written notice must be made no less than 30 days prior to arrival date and time.
Cleaning Fee: Accommodations will be cleaned prior to check in. Bed and bath linens and a starter supply of toiletries are provided. Additional cleaning service may be available upon request for an additional charge. If the house is left in a way the cleaners must clean more than their normal allotted time; Paseo Homes may send an extra cleaning fee charge to Guest to compensate cleaners.
Sight Unseen, Premises Use & Conditions: The Premises is furnished. Paseo Homes makes a sincere effort to accommodate its guests, but no refunds or adjustments will be required if Guest determines that the décor or furnishings are unacceptable to their unique tastes and preferences. The Premises shall be used and occupied solely by Guest and the number of occupants identified in this Agreement, exclusively, as a private single-family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Guest for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling. Guest shall not allow any other person, to use or occupy the Premises without first obtaining Paseo Homes’ written consent to such use. Guest shall comply with all laws, ordinances, rules, and orders of all governmental or quasigovernmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
As Is: The Premises is provided in “as is” condition. Paseo Homes shall use reasonable efforts to ensure the operation of all amenities in the Premises, such as Internet access, TV access, pools, spas, and fireplaces, as applicable. Paseo Homes shall not be held responsible for such items failure to work but will make every effort to correct any issues as reported as quickly as possible. All efforts will be made to accommodate amenities which are expressly advertised or offered in writing. Under no circumstances, however, can Paseo Homes guarantee or warrant any one amenity. Please report any issues with amenities immediately to Paseo Homes in writing.
Guest acknowledges that use of amenities such as kitchen appliances, tubs, pools, spas, fireplaces, decks, and the like (“Amenities”) may be potentially dangerous and involve potential risks if improperly used, particularly about children and such use is at the Guest’s own risk. If children use or are near the Amenities, such children will be always supervised by an adult.
Guest shall use the Premises for residential purposes only, and in a careful manner to prevent any damage or loss to the Premises and shall always keep the Premises in clean and sanitary condition. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Premises for any immoral, offensive, or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Premises. Guest shall make no alterations to the buildings or improvements on the Premises, or construct any buildings, or make any other improvements on the Premises. Guest shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire, or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company.
Alterations and Improvements: Guest shall make no alterations to the buildings or improvements on the Premises without written consent from the Paseo Homes.
Owner Closets – Many of our homeowners maintain a locked closet and or utility room in their home for storage of personal items. Please respect these locked closets and storage rooms and do not attempt to open them. Any damage to this area of the rental property will be billed directly to the guest since this type of damage is willful and not covered under the Security Deposit Waiver Fee.
Maintenance & Toilet Blockages: In the event of equipment, appliances, or utilities’ malfunction during Guest’s stay, Paseo Homes will make a reasonable effort to expedite repairs. Guest shall notify Paseo Homes in writing or via telephone as soon as it becomes aware of any problem.
All toilets are checked to ensure proper functioning prior to check in. Blockages can occur if too much toilet paper, tampons, or sanitary napkins are put into the toilets. If a service call is required to clear a toilet blockage, Guest will be charged the costs associated with clearing the blockage. The Guest will be supplied with the cost of the service call if it is determined Guest caused blockage due to neglect or intentional malicious activities.
Subletting Prohibited: Guest may not assign this Agreement, nor sub-let, nor grant any license to use the Premises, or any part thereof, without the prior written Paseo Homes’ express written consent, which may be withheld in its sole discretion. An assignment, subletting or license without the prior written consent of Paseo Homes, or an assignment or subletting by operation of law shall be absolutely null and void, and shall, at Paseo Homes’ option, terminate this Agreement.
Hazardous Materials: Guest shall not bring or keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company.
Rules and Regulations: Guest agrees to comply with all rules and regulations established by Paseo Homes’ regulation of the use of the Premises during the Term hereof. Without limiting the generality of the foregoing, Guest shall: · Not obstruct or cover the windows or doors or hang decorations on walls that could create long lasting damage;
· Not leave windows or doors in an open position during any inclement weather or while HVAC is in use;
· Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Paseo Homes;
· Use all lavatories, sinks, toilets, and all other water and plumbing apparatus only for the purposes for which they were constructed. Guest shall not allow any personal hygiene products, sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be paid for by Guest;
· Guest’s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
· Keep all radios, television sets, stereos, etc., turned down to a level of sound that does not annoy or interfere with other residents;
· Deposit all trash into the designated receptacles provided by Paseo Homes and not leave behind any excessive trash or recycling in the property upon departure;
· Abide by and be bound by all rules and regulations affecting the Premises or the common area appurtenant thereto, which may be adopted or promulgated by the homeowner’s association having control over them; and
· Abide by all federal, state, and local laws and ordinances affecting the Premises, including, without limitation to, the use or possession of illegal drugs and substances.
House Parties/Large Gatherings: House parties and large gatherings exceeding maximum occupancy are prohibited and may result in the immediate termination of this Agreement, and Guest’s immediate removal.
Swimming Pool: Guests acknowledge by booking that pool(s) and/or spa(s) are swim at your own risk and any guests or invitees under the age of 18 years of age must always be accompanied by an adult near the swimming pool. Violation of this provision is a material breach of this Agreement and grounds for the immediate termination of this Agreement.
Guest uses swimming pool at own risk and Guest expressly waives any all claims against Paseo Homes concerning any injury that may arise regarding the swimming pool. Guest agrees to the Swimming Pool and/or Hot Tub Waiver and Release of Liability attached as Exhibit A.
Guest’s Hold Over & Surrender of Premises: If Guest remains in possession of the Premises without the express written consent of Paseo Homes, after the Ending Date, Guest shall pay 1.5 times the Rent or as otherwise agreed in writing on a per diem basis, for each day Guest occupies the Premises beyond the Rental Term. Upon the expiration of the Rental Term hereof, Guest shall surrender the Premises in as good a state and condition as they were at the Beginning Date of this Agreement. Paseo Homes shall consider any personal property belonging to Guest and left on the Premises to have been abandoned, in which case Paseo Homes may dispose of all such personal property in any manner Paseo Homes shall deem proper and Paseo Homes is hereby relieved of all liability for doing so. Paseo Homes may consider arranging property to be returned for the cost of delivery and/or cost of effort to return items left behind.
Occupancy & Maximum Occupancy: Only those individuals who are expressly listed in the booking channel may occupy the Premises. Authorization for additional guests must be requested in advance and will not be authorized if it causes the Premises’ maximum capacity for individuals to be exceeded.
Guest agrees to comply with local zoning ordinances, including but not limited to, occupancy restrictions:
Single beds are subject to a maximum of one individual. Queen- and King-sized beds may only be occupied by a single individual, an adult couple, an adult and a child (under five (5) years of age), or two (2) children under five (5) years of age.
Property Damage: The Guest agrees to be responsible for any damage or loss to the Premises, excluding normal wear and tear. An additional cleaning charge may be incurred, if, upon departure the Premises is found to require more than the normal departure cleaning. Paseo Homes will not be responsible for any damages to Guest’s personal property, or liable for any accident that may occur to Guest or their invitees during its occupancy.
Access: Paseo Homes shall have the right, during the Rental Term of this Agreement and any renewal thereof, to enter the Premises for the following purposes: · Inspect the Premises for condition;
· Make repairs or maintenance;
· Show the Premises to prospective Guests, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents;
· Exercise a contractual or statutory lien; and/or
· Leave written notice.
Paseo Homes may enter the Premises without the consent of Guest in case of emergency, and where necessary to prevent damage or injury to property or person.
Parking: No more than four (4) vehicles can be parked on the Premises at any time unless preauthorized with Paseo Homes. All vehicles must be parked in the designated areas at the Premises. Violations of the parking rules subjects the automobile to fines, immobilization devise attachment and towing, at the Guest’s expense. No vehicle longer than 20 feet is allowed on the Premises under any circumstances unless Paseo Homes provides written permission.
Quiet Hours: Between the hours of 10:00 p.m. (MST – Arizona) and 8:00 a.m. (MST –Arizona). Quiet Hours exist and are strictly enforced by the city. Guest must be respectful of their neighbors and not disturb the peaceful enjoyment of their homes or the neighborhood. Any occupant or Guest violating this provision of the terms and conditions will be asked to leave immediately. If the Guest’s occupancy is terminated due to violation(s) of this provision, the Guest understands and accepts that no compensation, reimbursement, or refund will be made to the Guest.
Behavior: The Guest agrees to be responsible for the actions of themselves, other occupants, and temporary guests. The Guest agrees to always act with decorum and civility, and to be responsible for the actions of the Guest’s guests and other occupants with respect to this requirement. The Guest understands and accepts that Paseo Homes retains sole discretion and may terminate the Guest’s occupancy of the Premises if Paseo Homes determines that either the Guest or any member of the Guest’s group has acted inappropriately. If the Guest’s occupancy is terminated due to inappropriate behavior, the Guest understands and accepts that no compensation, reimbursement, or refund will be made to the Guest. Examples of inappropriate behavior include, but are not limited to, disturbing the peace of the neighborhood; willful damage to the property; occupancy by persons not disclosed on the Guest data form; excessive occupancy; violent, aggressive, confrontational, or threatening behavior or conversation; and/or failure to secure/lock the Premises while no responsible member of the Guest’s group is at the home.
Crime-Free Provision: Guest, occupants, family, invitees, or other persons under the Guest’s control shall not engage in or facilitate: (i) any acts involving imminent or actual serious property damage as defined by law; (ii) any criminal activity, including drug related criminal activity, any act of violence or threats of violence, other illegal activity, including prostitution, criminal street gang activity, threatening or intimidating, unlawful discharge of firearms, or assault; (iii) jeopardize the health, safety and welfare of guests, Paseo Homes or its representatives, agents or others.
VIOLATION OF THIS PROVISION SHALL CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THIS AGREEMENT AND GOOD CAUSE FOR IMMEDIATE CANCELATION OF THIS AGREEMENT, FORFEIT OF THE SECURITY DEPOSIT, AND SURRENDER OF POSSESSION OF THE PREMISES.
Smoking Medical Marijuana: Smoking and/or Vaping are strictly prohibited inside the Premises. Smoking/Vaping are only allowed outside at least 50 feet from the Premises with all doors and windows closed. Paseo Homes will have the final determining authority with respect to all aspects of this provision of the Agreement and may present an invoice of cleaning costs to Guest who will be responsible for providing payment.
Despite state law that may authorize limited possession or use of Medical Marijuana in specific and limited circumstances, the federal Controlled Substance Act (the “CSA”) categorizes marijuana as a Schedule 1 Substance and the possession of marijuana is a federal criminal offense. 21 U.S.C. § 801, et seq. The possession of marijuana, even for medical purposes, may expose Paseo Homes to liability and interferes with the health, safety, welfare, and right to peaceful enjoyment of others. As such, Paseo Homes hereby informs and reminds Guest that it agrees to the Crime Free provision in this Agreement and, pursuant to that provision and the supporting federal laws, any possession or use of marijuana (medical or otherwise) by Guest, its family, or invitees, will result in the immediate cancelation of this Agreement and immediate surrender of possession. The Premises is non-smoking.
Home Security: It is the responsibility of every guest to securely lock the Premises when they are not at the home. This requirement includes all the Premises’ doors (including the garage door if applicable) and windows, and it also applies to the check out date.
Limit of Liability: In no instance or circumstance will Paseo Homes be liable for more than the total amount paid by the Guest.
Desert Living: Our Properties reside in the Sonoran Desert which is home to a variety of native insects, animals, and reptiles, including but not necessarily limited to rabbits, javelina, bobcats, mountain lions, scorpions, and snakes. Paseo Homes is not responsible for any encounter or injury that may occur with any insect, animal, or reptile at or near the Property and any said encounter or injury is not grounds for canceling this Agreement.
Fire Pit and Barbeque Notice and Limitation of Liability: If fire pit and Gas Barbeque Grill (BBQ) are located at the Property for Guest’s use and enjoyment, Guest acknowledges that they understand the potential health risks associated with the BBQ and fire pit and have received access to the BBQ and fire pit owner’s manuals. Always operate the BBQ and fire pit as described in the owner’s manuals. Failure to follow the owner’s manual or improper installation, adjustment, alteration, service, or maintenance may result in a fire or explosion, causing property damage, personal injury, or loss of life. Prevent use of the BBQ or fire pit by anyone under 18 years of age. Never leave children unattended in the area where the BBQ, fireplace, or fire pit is being used. CARBON MONOXIDE HAZARD. The fire pit can produce carbon monoxide which has no odor. Using it in an enclosed space can be fatal. If you smell gas: [1] Shut off gas to the fire pit; [2] Extinguish any open flame; and [3] If odor continues, keep away from the fire pit and immediately call the fire department.
Compliance with Law: Where the Property has a wood-burning fire pit, Guest shall operate the wood-burning fire pit according to law, including restrictions on unlawful open burning according to A.R.S. § 49-501 and AZ MCAPC, Maricopa County Residential Woodburning Restriction Ordinance, § 3.
IN NO EVENT WILL PASEO HOMES BE LIABLE TO GUEST OR TO ANY THIRD PARTY FOR BODILY INJURY, DEATH OF ANY PERSON, OR DAMAGE TO PERSONAL PROPERTY ARISING FROM USE OF THE FIRE PIT OR BBQ.
Risk of Loss and Indemnification: Paseo Homes is not liable for any damage or injury to the Guest, Guest’s family, Guest’s guests, invitees, or their respective property arising out of this Agreement or the use and occupancy of the Premises by Guest or Guest’s invitees. Guest shall indemnify, defend, and hold Paseo Homes harmless for, from and against all claims, liabilities, damages, attorneys’ fees, court costs or assertions of every kind and nature arising out of this Agreement or the use and occupancy of the Premises by Guest and Guest’s invitees, unless caused by the gross negligence or willful misconduct of Paseo Homes.
Guest agrees that all personal property, furnishings, personal affects, and other items brought into the Premises by Guest, or their permitted guests and visitors, shall be at the sole risk of Guest regarding any theft, damage, destruction, or other loss, and Paseo Homes and its rental agents shall not be responsible or liable for any reason whatsoever. If Paseo Homes discovers any items of the Guest following the Departure Date, Paseo Homes shall return said items to Guest via First Class Mail and at the Guest’s expense. Guest hereby covenants and agrees to indemnify, defend and hold harmless Paseo Homes and its agents, rental agents, successors, employees, and contractors from and against any costs, damages, liabilities, claims, legal fees, and other actions for any damages, costs, attorneys’ fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest, due to any claims relating to destruction of property or injury to persons, or loss of life sustained by Guest or family and visitors of Guest, in or about the Premises, and Guest expressly agrees to save and hold Paseo Homes harmless in all such cases.
Guest hereby waives and releases any claims against Paseo Homes, the rental agent and their successors, assigns, employees, or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Premises, including any common facilities, activities, or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk, and responsibility.
Default: If Guest fails to comply with any of the material provisions of this Agreement, Paseo Homes may, at its sole discretion, declare the entire balance of Rent payable hereunder for the remainder of the Rental Term to be immediately due and payable, and may exercise all rights and remedies available to Paseo Homes at law or in equity, or may immediately terminate this Agreement.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall quietly and respectfully surrender the Premises, remove all Guest’s property and belongings, and leave the Premises in good order and free of damage. No refund of any portion of the Rent or Deposit shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred, including, but not limited to, attorneys’ fees and collection costs. In the event Guest violates the Condition and Use of Premises above, or law enforcement visits the Premises, Paseo Homes may, in its sole and absolute discretion, evict Guest and Guest shall surrender the Premises and remove Guest’s property and belongings and leave the Premises in good order and free of damage in an expeditious manner. In addition to the above remedies, if Guest breaches this Agreement, Paseo Homes may perform a non-judicial lockout of the Premises and immediately retake possession.
Mediation & Attorneys’ Fees and Costs: Guest agrees to mediate any dispute or claim arising out of this Agreement. All mediation costs shall be paid by Guest. No claim shall be filed in court or arbitration until the parties first make a good faith effort to resolve the claim at private mediation.
The prevailing party in any dispute arising out of this Agreement is entitled to reimbursement of its reasonable attorneys’ fees and costs. Costs shall include, but are not limited to, expert witness fees, fees paid to investigators, legal research fees, arbitration costs, court costs, and court reporter fees, etc.
Governing Law: This Agreement shall be governed, construed, and interpreted by, through and under the laws of the State of Arizona. Jurisdiction shall be in the Superior Court of Maricopa County.
The parties to this Agreement expressly agree and recognize that the Arizona Residential Landlord Tenant Act does not apply to this Agreement. See A.R.S. § 331308 (Transient Lodging exempted from ALTA); instead, the parties’ relationship is governed by A.R.S. § 33-301 et. seq.
Notices: Any notice required or permitted under this Agreement or under state law shall be delivered to Guest at the email addressed provided with the VRBO, Airbnb, or other vacation rental platforms. Notices to Paseo Homes shall be delivered to: vacation@paseohomesaz.com.
Entire Agreement: These conditions and the terms related to the dates of occupancy and the rate applied to those dates of occupancy represent the entire Agreement between the parties. No verbal representations or promises made by anyone are enforceable in any respect unless the changes are expressly agreed to by the parties in writing.
In the event Paseo Homes is collecting a security deposit based on an agreed upon amount, Guest shall provide a return address and good contact number to be reached for questions or concerns.
Exhibit A
SWIMMING POOL AND/OR HOT TUB WAIVER AND RELEASE OF LIABILITY Waiver And Release Of All Claims – Swimming Pool/Hot Tub: Guests Acknowledge Their Consent To This Waiver By Booking The Property.
1. Guests recognize and acknowledge that there are certain risks of physical injury which may occur at the Premises, including but not limited to, injuries associated with the swimming pool and/or hot tub, and Guests and Guests’ children/ward agree to assume the full risk of any such injuries, damages or loss, regardless of severity, which Guests may sustain as a result of participating in any activities connected or associated with any such use of the swimming pool and/or hot tub.
2. Guests and their children/ward waive and relinquish all claims Guests and their children/ward may have against Paseo Homes because of personal injury suffered while on the Premises. Guests and their children/ward hereby fully release and discharge the Paseo Homes from all claims from injuries, damage, or loss which Guests and their children/ward may have, or which may accrue, on account of Guests’ and their children/ward’s utilization of the swimming pool and/or hot tub on the Premises. Guests and their children/ward further agree to indemnify and hold harmless and defend Paseo Homes all claims resulting from injuries, damages, and losses sustained by Guests or Guests’ children or ward, and arising out, connected with, or in any way associated with the Premises and the swimming pool and/or hot tub.
3. Guests have read and fully understand the waiver and release of all claims. In consideration for the utilization of the swimming pool and/or hot tub on the Premises, Guests further understand and agree as follows:
a. To the best of Guests’ knowledge, Guests are physically sound and have medical approval by Guests’ doctors to participate in physical exercise activities of the type normally engaged in a swimming pool and/or hot tub.
b. Guests understand that Paseo Homes reserves the right to change or cancel the continued availability of the swimming pool and/or hot tub without liability. No lease, license, or bailment is created by Guests’ use of the swimming pool and/or hot tub (IF APPLICABLE). Paseo Homes is not liable for any loss or damage to Guests’ property arising out of Guests’ use of the swimming pool and/or hot tub.
4. Guests agree to refrain from using swimming pool and/or hot tub equipment that Guests determine to be defective or need maintenance or repair.
5. Guests understand that a risk of injury is present when engaging in or utilizing the swimming pool and/or hot tub, and Guests assume all responsibilities and risk of participation in this program.
6. IN EXCHANCE FOR PASEO HOMES’ AGREEMENT TO RENT THE PREMISES, GUESTS AGRED TO BE LEGALLY BOUND FOR HIMSELF, HERSELF, GUESTS’ HEIRS, EXECUTORS, AND ADMINISTRATORS, AND DO HEREBY RELEASE PASEO HOMES AND AFFILIATES FROM ANY AND ALL LIABILITY ARISING FROM INJURIES, INCLUDING DEATH, THAT GUEST(S), OR GUESTS’ CHILD/WARD MAY SUFFER, AS A RESULT OF GUESTS’ USAGE OF THE SWIMMING POOL AND/OR HOT TUB.
7. GUESTS’ BOOKING OF THE PREMISES CONFIRMS GUESTS’ AGREEMENT TO CHECK WITH GUESTS’ DOCTOR TO CONFIRM IF THE SWIMMING POOL AND/OR HOT TUB, AND INSTRUCTIONS ARE SUITABLE FOR GUESTS’ HEALTH AND PHYSICAL CONDITION.
8. GUESTS HAVE CAREFULLY READ THIS AGREEMENT, RELEASE & WAIVER LIABILITY, AND GUESTS UNDERSTAND ITS CONTENTS. GUESTS CONSENT TO THIS WAIVER VOLUNTARILY AND UNDER GUESTS’ OWN FREE WILL.