The undersigned guest, on behalf of themself and any additional guests, including minors, who accompany or visit them during their stay (individually and collectively the “Guests”) at Casa Margaux, located at Playa Blanca 506, Colonia Costa Azul, San Jose del Cabo, B.C.S., 23406 MEXICO (the “Property”) hereby confirms their understanding and agrees to the liability waiver set out here.
1. LIABILITY DISCLAIMERS: Owner is not responsible for any accidents, injuries, theft, illnesses or deaths that occur to Guests who visit the Property, regardless of cause or reason while on the premises or for the loss of personal belongings or valuables. It is agreed that Guests are expressly assuming the risk of any harm arising from their use of the Property or others whom they invite to use the Property including, without limitation, for all of the following:
a. POOL & SPA: Pools and spas carry increased risk for potential personal injury and death due to the inherent risk of drowning, including resulting from slipping and falling on wet surfaces. Guests acknowledge that Owner provides NO SUPERVISION, NO FENCING, or other protection against the inherent risks associated with pool and spa use and Guests accept full responsibility for the increased level of care and potential injury associated with these amenities. Guests further acknowledge that DIVING IS PROHIBITED in the pool and spa because they are not of sufficient depth or design to accommodate diving.
b. FLOORS: All the floors throughout the Property are polished concrete and/or tile and all the hallways are outdoors and uncovered. The concrete floors on the Property can become extremely hot in the sun which may burn the bottom of bare feet. They can also become very slick and present a falling hazard if it rains or liquid is spilled on them. If under the influence of alcohol or other mind-altering substances, the hazard is increased.
c. GLASSWARE: The House Rules provide that only plastic glassware may be used by the pool. Using glass by the pool could result in broken glass getting into and/or around the pool.
d. ILLNESS. Owner cleans the Property before and after each rental and makes reasonable efforts to ensure that all common surfaces (door handles, appliance handles, faucet handles) have been wiped with disinfectant wipes, but cannot guarantee that the Property has been totally disinfected of all pathogens and that Guests will not contract an illness while staying at the Property.
e. PERSONAL PROPERTY & INJURY: Guests’ personal property, including vehicles, are not insured by Owner or any of their agents, against loss or damage due to fire, theft, vandalism, rain, water, acts of God, criminal or negligent acts of others or any other cause.
f. HURRICANES. Guests acknowledge that the glass doors and windows in the Property are not rated to withstand hurricane-force winds and the Property does not have hurricane shutters. In the event of a hurricane, parts of the house may become damaged, glass may break, rooms may flood and there may be dangerous flying debris. There may also be a power outage that lasts several days to a week depending how severe the storm is.
2. INDEMNITY AND HOLD HARMLESS: Guest hereby fully releases and discharges Owner and agrees to indemnify, defend and hold Owner harmless from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, theft, illness, injury or death to Guests, their children, other occupants, guests or other persons, or their personal property, arising out of or in connection with Guests’ use and occupancy of the Property, which is made, incurred or sustained by Guests.
3. OWNER: All provisions in this Agreement in favor of Owner, shall be deemed to be for the benefit of Brad Sorensen, its officers, directors, shareholders, representatives, agents, employees, successors and assigns.
The undersigned hereby agrees to the terms and conditions set forth above.