RECREATIONAL EQUIPMENT USE WAIVER AND RELEASE OF LIABILITY
This is an addendum to the reservation valid between Beachfront Only Vacation Rentals and Tenant regarding property located at 5185 Shore Drive (C5185-0)
In consideration of being allowed to use any and all of the recreational and sports equipment (which includes, but is not limited to, bicycles, body boards, surf boards, kayaks, barbeques, fireplaces) located at 5185 Shore Drive, Carlsbad, CA 92008, the undersigned acknowledges, appreciates, and agrees that:
1) The risk of injury from the activities involved in using recreational equipment such as listed above is significant, including the potential for permanent paralysis and death, and while a particular user’s caution, experience, and personal discipline may reduce this risk, the risk of serious injury, or death, does exist; and,
2) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE PROPERTY OWNER of 5185 Shore Dr., Carlsbad, CA 92008, or BEACH FRONT ONLY, their agents, or others, and assume full responsibility for my personal or authorized use of all such equipment or item; and,
3) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the Owners of 5185 Shore Dr. Carlsbad, CA 92008, and Beach Front Only (RELEASEES), their officers, officials, agents, and/or employees, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage of any kind whatsoever, to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
BY SIGNING AT THE BOTTOM OF THIS FORM, I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
"C5021-0 Outdoor Path, Beach Access, Beach Liability Release
The renter acknowledges that C5021-0 is a property with an outdoor path and beach access.
THE RENTER ACKNOWLEDGES THAT OUTDOOR CEMENT PATHS, THE BEACHES, SWIMMING POOLS AND AREAS SURROUNDING THE SAME ARE INHERENTLY DANGEROUS AND CAN RESULT IN SERIOUS INJURY, DROWNING, OR DEATH.
Therefore the renter will assume the risk and exercise great caution when using the outdoor cement path, beach access, and the beach. The renter hereby agrees to supervise children, non-swimmers and or guests with physical or mental limitations and all others using the outdoor cement path, beach access, and the beach and to take full responsibility for their supervision. The renter agrees to use the cement path, beach access, and the beach entirely at the renters own initiative, risk, and responsibility.
The renter does hereby remains remiss, release and forever discharge the property owner, Beachfront Only Vacation Rentals, successors, employees or representatives, officially or otherwise, from any and all claims, demands, actions or causes of action, on account of the death or injury to the undersigned or any family members of the renter or other tenants, permittees, beach users, guests or invitees arising from or in anyway related or incidental to the use of the outdoor cement path, beach access, the beach or surrounding grounds. The renter further agrees to indemnify and hold harmless the Owner, property manager, rental agency, their respective agents, employees and representatives for any expenses, attorneys fees or damages of any kind or nature which may arise out of the use of the outdoor cement path, beach access, beach or surrounding area by any person during the period of the undersigned stay.
This legal instrument may be pleaded as a complete defense to any action or other proceeding, which may be brought, instituted or taken by the renter, the renters family, the other tenants invitees, or property users in breach of this instrument.
This agreement shall be binding upon the heirs, personal representatives, executors, administrators, successors and assigns of the parties hereto."