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Terms & Conditions

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 InsuranceTravel 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 LineWe 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.

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