California Coastal Airstream
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Guest Rules and Waiver
In order to participate in this booking your Host requires you to accept this Guest Release and Waiver, which is effective between you and your Host as of the date and time of check-in. All terms not defined here have the meaning given them in the Airbnb Terms of Service and/or the Additional Terms for Experience Hosts.
Assumption of Risks
You understand and acknowledge that the booking is on the California Coastal Bluffs with high cliff and sheer drops, which are hazardous and may carry the risk of physical injury, disability, permanent paralysis, and death. All guests must stay within designated safety railing at all times. The booking relates to the area in which the airstream is located only, that is securely fenced in with both safety railings and fencing. This area is within 100 feet from the Coastal Bluffs and is therefore safe to inhabit during your booking, however at no time should any person(s) leave this area other than using the road that leads to the designated safe area to enter and exit the property.
Representation
You represent that you are 18 years of age or older. And therefore if you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your booking, and have read this Guest Release and Waiver and agree to it on the minor's behalf. If you are booking this listing on behalf of other Guests and minors, you will ensure, and you represent and warrant, that each Guest on whose behalf you book will read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to "you" was a reference to him/her. If a minor is unable to read or understand these Rules and Waiver, you as the responsible adult will ensure that said Rules are conveyed to and understood by the minor to ensure their safety at all times during the booking.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE HOST OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EXPERIENCE.
Release and Waiver
You acknowledge and agree that, you have reasonably assessed the risks involved in the booking based on the images provided in the listing and the information herein provided and have made an informed and voluntary choice to participate in this booking. You alone, and not your Host(s), are responsible for determining your fitness for participating in the booking and your ability to fully understand any directions or warnings presented. You do not have any mental limitation or disability, or are aware of any factors that may limit or prevent you from safely proceeding with the booking and/or Trip. You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the booking and/or Trip. If you notice any hazard during a booking, you will stop participating in the booking immediately and contact the host.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR HOST(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EXPERIENCE(S) AND/OR TRIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code ("Section 1542"), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.
You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered. You intend this Guest Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTS PROVIDE THE BOOKING AND/OR TRIP "AS IS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Indemnification
You agree that if, despite this Guest Release and Waiver, you or anyone on your behalf make a claim against the Host(s) relating to a Booking or Trip, you will indemnify and hold the Host(s) harmless from any liability, demand, loss, damage, or costs which the Host(s) may incur as the result of such claim.
You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.
Thanks for your cooperation, looking forward to hosting you!
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