Agreement, Waiver and Release of Liability for the use
of
Pool and Vacation Rental
This is a Pool and Vacation Rental Use Agreement between “NRG Pool House LLC,” and the undersigned, herein called, “USER.” This agreement also constitutes a Waiver and Release of Liability, whereby the USER agrees to release, discharge, hold harmless, defend and indemnify “NRG Pool House LLC,” and its employees, subcontractors and agents from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claim which may arise out of USER’s use of Pool and Vacation Rental, premises or facilities or USER’s participation in Pool and Vacation Rental activities.
By
signing
this
document,
USER
acknowledges
that
he/she
specifically
understands
he/she
is
releasing,
discharging
and
waiving
any
claims
or
actions
that
he/she
may
have
at
the
present
time,
or
in
the
future,
for
the
negligent
acts, omissions
or
other
conduct
by
the
employees,
subcontractors
or
agents
of
“NRG Pool House LLC.
”
- USER shall obey all applicable state, federal, and local regulations, laws, ordinances, and lawful directives from appropriate emergency or law enforcement personnel, while using Pool and Vacation Rental from “NRG Pool House LLC.” USER is solely responsible for any citation or violation occurring during the use of, or as the result of using, Pool and Vacation Rental from “NRG Pool House LLC.”
- USER shall return Pool and Vacation Rental in the condition in which they were received. Minimum charges for repairs, labor, and cleaning will be applied in the event that Pool and Vacation Rental require repair or excessive cleaning. USER agrees to use the Pool and Vacation Rental for its designed purpose only.
- RECOGNITION OF RISK: USER expressly acknowledges that activities associated with the use of Pool and Vacation Rental involves inherent risks of injury to persons and property. USER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. USER acknowledges that Safety Equipment (e.g. Personal Floatation Devices/Life Jackets) are NOT available and that ALL USERS ARE REQUIRED TO PROVIDE THIER OWN LIFE JACKET. USER understands that use of such Safety Equipment does not remove all risks of injury; nor does it make the Pool and Vacation Rental safe. USER alone has determined the sufficiency of any safety gear or other precautions that USER decides to take in order to minimize the risks of the activity. No party related to “NRG Pool House LLC", including employees, subcontractors and agents, has made any representations regarding the safety of, or the risks of, such activities. USER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
- RELEASE
OF
LIABILITY:
USER
hereby
RELEASES
“NRG Pool House LLC”
,
its
employees,
subcontractors
and
agents
from liability for negligence and HOLDS HARMLESS
“NRG Pool House LLC,
” its employees, subcontractors and
agents
from
any
loss,
expense
or
cost,
including
attorney
fees,
arising
out
of
any
damages
or
injuries,
whether
to
persons
or
property,
occurring
as
a
result
of
the
use
of
said
Pool and Vacation Rental.
This
agreement
constitutes
the
entire
agreement
between
“NRG Pool House LLC”
and
USER
with
regard
to
the
use
of
Pool and Vacation Rental
and
no
term
may
be
waived
or
modified
(including
provision
against
oral
modification)
except
in
writing
signed
by
both
parties.
There
are
no
warranties,
expressed
or
implied,
by
“NRG Pool House LLC”
to
USER,
except
as
contained
herein,
and
“NRG Pool House LLC”
shall
not
be
liable
for
any
loss
or
injury
to
USER
nor
to
anyone
else,
of
any
kind or however caused. This agreement is one of bailment only
and USER is not a
“NRG Pool House LLC”
agent while
using
said Pool and Vacation Rental.
The
laws
of
the
State
of
West Virginia shall
govern
this
agreement.
NON
COMPLIANCE
WITH
THE
ABOVE
AGREEMENT
MAY
RESULT
IN
CHARGES
FOR
LOSS
OR
DAMAGE.
By signing below, USER certifies that he/she has read and understands the above and acknowledges and agrees to the terms and conditions as stated.
FOR
USERS
UNDER
18
YEARS
OF
AGE,
SIGNATURE
OF
PARENT
OR
GUARDIAN
IS
REQUIRED.
By signing below, I certify that I am the parent/guardian of the Minor who has signed this Agreement. I certify that I have read the Agreement and that I understand the above and acknowledge and agree to the terms and conditions as stated. As the parent/guardian of the above signed, I confirm that the Minor’s date of birth is correct.