1. No Lifeguard on Duty
The swimming pool, spa, and surrounding deck areas at the rental property are UNSUPERVISED. There is NO LIFEGUARD ON DUTY at any time. Guests swim entirely at their own risk.
2. Acknowledgment of Inherent Risks
I understand that use of a swimming pool, spa, pool deck, lanai, and related areas involves inherent and significant risks of serious bodily injury, permanent disability, drowning, and death. These risks include, but are not limited to: drowning or near-drowning; slip and fall injuries on wet surfaces; diving injuries; injuries from pool equipment, drains, ladders, or railings; electrical hazards; exposure to pool chemicals; sun exposure and heat-related illness; injuries related to alcohol consumption; medical emergencies including heart attack or stroke; and hazards arising from weather conditions.
3. Assumption of Risk
I knowingly and voluntarily assume all risks associated with use of the pool, spa, and surrounding areas, whether known or unknown, foreseen or unforeseen, on behalf of myself and all members of my party.
4. Supervision of Minors
I agree that no minor (under 18) in my party will use or be permitted near the pool or spa without constant, direct adult supervision. I accept full and sole responsibility for the supervision and safety of all minors in my party at all times. I acknowledge that door alarms, pool barriers, or safety fences, where present, are not a substitute for adult supervision.
5. Pool Rules
I agree that my party will: not dive into the pool; not run on the pool deck; not use glass containers in the pool area; not swim under the influence of alcohol or drugs; not swim alone; not allow anyone to sit, stand, or play near pool drains or suction fittings; and keep the pool gate or door barriers closed where present. Pool heating, where offered, is subject to the terms of the rental agreement.
6. Release and Waiver of Liability
To the fullest extent permitted by Florida law, I, on behalf of myself, my party, my heirs, assigns, and legal representatives, hereby RELEASE, WAIVE, AND FOREVER DISCHARGE Holy Fit Enterprises Inc., its owners, officers, employees, agents, property owners, and contractors (the "Released Parties") from any and all claims, demands, causes of action, damages, costs, and expenses of any kind, including claims arising from the ORDINARY NEGLIGENCE of the Released Parties, arising out of or related to use of the pool, spa, or surrounding areas. This release does not extend to gross negligence or intentional misconduct.
7. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, or expenses (including reasonable attorneys' fees) arising from my party's use of the pool or spa, or from any breach of this waiver by me or any member of my party, including claims brought by or on behalf of minors in my care.
8. Medical Treatment
I consent to emergency medical treatment for myself or minors in my care if needed, and I agree that the Released Parties are not responsible for any costs of such treatment.
9. Governing Law, Severability, and Entire Agreement
This waiver is governed by the laws of the State of Florida. Venue for any dispute shall be Lee County, Florida. If any provision is held unenforceable, the remaining provisions remain in full force and effect. This waiver supplements, and does not replace, the rental agreement and house rules. This waiver remains in effect for the entire duration of the stay, including any extensions.
10. Acknowledgment
I acknowledge that I have read this entire document, I understand that I am giving up substantial legal rights, I am at least 18 years of age, I have authority to accept on behalf of all members of my party, and I accept voluntarily. Electronic acceptance during the booking process constitutes a valid and binding signature.
By checking "I have read and agree to the Pool Safety Waiver" during booking, you accept this waiver electronically; your name and a timestamp are recorded with your reservation as your signature. Holy Fit Enterprises Inc. d/b/a Blu Luxury Rentals · Cape Coral, FL · info@bluluxuryrentals.com
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