Waiver to Rent

ACTIVITIES LIABILITY WAIVER: You understand that hiking, use of bikes, use of vehicles, engaging in or playing with lawn games, fire pit use, and/or other activities on or near the property or out and around the property (herein after "outdoor activities") is at your own risk. There are special risks that may be involved with outdoor activities. Engage in outdoor activities only on the property and only if you are qualified and able to engage in outdoor activities. Adult supervision is expressly required and is a condition precedent to outdoor activities. It is likewise a condition precedent to outdoor activities that proper safety gear be used at all times, including but not limited to floatation devices when engaged in outdoor activities that are on the water.

You accept full responsibility for any bodily injury arising from outdoor activities. LIKEWISE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HOSTS AND OWNER(S) FOR DAMAGE CAUSED TO YOURSELF OR A PERSON IN YOUR PARTY OR THAT YOU ALLOW TO USE OR STAY IN OR ON THE PROPERTY, OR DAMAGE CAUSED BY ANY OF THOSE PARTIES TO ANY REAL OR PERSONAL PROPERTY ON OR NEAR OR A PART OF THE RENTED PROPERTY. You understand there are potential dangers that outdoor activities may present to children who are not carefully supervised, as well as the danger to any person outdoor activities if a person has health risks, or if a person engages in outdoor activities while intoxicated or using any kind of drugs or medication, or while pregnant. You agree to be fully and solely responsible for any accidents you may incur or your party. You understand the risks discussed above and agree that you will assume all responsibility for yourself and for the consequences of those in your party. You agree to waive any claim whatsoever against owner for accidents or claims arising from outdoor activities. All Guests in my party acknowledge and agree that they have read and understand this waiver and they acknowledge that confirming the House Rules constitutes a binding and enforceable agreement between Guests and Magnolia Estate LLC., INCLUDING INDEMNIFICATION OF Magnolia Estate LLC HOSTS OF THE SUBJECT PROPERTY BY THE GUESTS. If any part of this agreement renders the whole agreement unenforceable, those portions should be removed, and the remainder be enforceable.

OTHER ACKNOWLEDGEMENTS AND WAIVERS

You represent that you are 18 years of age or older. 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 experience, and have read this Guest Release and Waiver and agree to it on the minor’s behalf. If you are booking on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has 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.

Assumption of Risks

You understand and acknowledge that the Risky or Dangerous Activities you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH RISKY OR DANGEROUS ACTIVITIES, INCLUDING EACH RISKY OR DANGEROUS ACTIVITIES IN YOUR IMMERSIVE RISKY OR DANGEROUS ACTIVITIES, 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 RISKY OR DANGEROUS ACTIVITIES, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR

PARTICIPATION IN OUTDOOR ACTIVITIES (as defined above), BOATING ACTIVITIES, FISHING, EXPERIENCES, TRIPS DURINGYOUR STAY, or other like activities (together known as “RISKY ACTIVITIES” or “DANGEROUS ACTIVITIES”) RELEASE AND WAIVER

You acknowledge and agree that:

• You have reasonably assessed the risks involved in the Risky or Dangerous Activities and have made an informed and voluntary choice to participate.

• You alone, and not your Host(s), are responsible for determining your fitness for participating in the Risky or Dangerous Activities and your ability to fully understand any directions or warnings presented.

• You will not participate in any Risky or Dangerous Activities and/or Trip when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Risky or Dangerous Activities 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 Risky or Dangerous Activities and/or Trip. If you notice any hazard during an Risky or Dangerous Activities, you will stop participating in the Risky or Dangerous Activities immediately.

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 RISKY OR DANGEROUS ACTIVITIES 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 RISKY OR DANGEROUS ACTIVITIES 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 an Risky or Dangerous Activities and/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.