RELEASE, WAIVER OF LIABILITY & INDEMNITY AGREEMENT

The UNDERSIGNED understand and agree to this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT regarding the properties offered in this website. hereinafter referred to as the “subject property.” THE UNDERSIGNED agree and acknowledge that the intended use of the subject property is for the temporary rental of the premises for lodging. The undersigned agree and acknowledge that the subject property is not intended for use in any illegal activities, unauthorized parties, or loud and/or disruptive behavior, music or events.

THE UNDERSIGNED further agrees to assume full responsibility for any and all injury, loss, property damage, or death occurring as a result of any unintended use of the subject property.

IN CONSIDERATION for being permitted to enter the subject property for vacation rental or any other purpose, the undersigned, for himself/herself, his/her personal representatives, guests, children, heirs, and next of kin, acknowledges, agrees, and represents that he/she has or will immediately upon entering, and will continuously thereafter, thoroughly inspect such areas and his/her continued presence constitutes an acknowledgment that he /she has inspected house, and entire subject property and he/she finds and accepts such areas as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she feels anything to be unsafe, he/she and all guests will immediately leave the area and advise the appropriate persons.

THE UNDERSIGNED hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE GTE 4 INVESTMENTS LLC / Michelle Brook / Eitan Iusim or STQR Inc. personally and/or as a company and/or as corporate representatives, their members, managers, operators, officials, officers, directors, employees, owners, and lessees of the premises, all for the purposes herein referred to as “releasees,” from all liability to the undersigned, guests, representatives, assigns, heirs and next of kin for any and all loss or damage, and any claim or demand thereof on account of INJURY to the person(s) or property or resulting in DEATH of the undersigned or guests, whether caused by negligence of the releasees or otherwise while in or upon the area of the subject property.

THE UNDERSIGNED hereby AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost that may occur due to their presence in or upon the area of the subject property and whether caused by the negligence of the releasees or otherwise.

APPLIANCES, ELECTRONICS, FURNISHINGS, FIXTURES & STRUCTURES: THE UNDERSIGNED understands and agrees that he/she/they shall be responsible and liable for any losses and/or damages to any and all appliances, electronics, furnishings, fixtures or structures on or about the subject property as a result of his/her/their accidental, negligent or intentional acts and/or omissions, or the acts and/or omissions of their guests, during and/or resulting from his/her/their use and/or stay at the subject property.

ILLEGAL ACTIVITIES: THE UNDERSIGNED hereby agrees that he/she and/or guests will not engage in any activities deemed illegal by the City of Miami Beach, Miami-Dade County or the State of Florida while in or upon the area of the subject property including by not limited to the consumption or sale of alcohol by or to minors, the consumption or sale of illegal substances and the consumption or sale of substances not inherently illegal but illegal to the individual to possess and/or ingest.

WEAPONS: THE UNDERSIGNED hereby agree to abstain from bringing any firearms or weapons in or upon the area of the subject property.

CHILDREN: THE UNDERSIGNED understands and agrees that children in or upon the area of the subject property must be supervised by an adult at all times.

PETS: THE UNDERSIGNED understands and agrees that any and all unauthorized pets or other animals shall not be permitted in or upon the area of the subject property at any time.

THE UNDERSIGNED hereby ASSUMES FULL RESPONSIBILITY FOR RISK TO BODILY INJURY, DEATH OR PROPERTY DAMAGE of any kind or due to the negligence of the releasees or otherwise while in or upon the area of the subject property.

INSURANCE: THE UNDERSIGNED hereby certifies that he/she and guests (they) have adequate insurance to cover any injury, illness or damage to themselves, the property and/or any third parties, that may be caused or suffered while in or upon the area of the subject property, or else agrees to bear the costs of such injury, illness or damage.

MEDICAL CONDITIONS: THE UNDERSIGNED further agrees that he/she/they have no medical conditions which would interfere with the intended use of the subject property, or else assume and bear the costs of all risks that may be created, directly or indirectly by any such condition and expressly acknowledges such physical activities are dangerous and involve the risk of serious injury and/or death and/or property damage.

LOST, DAMAGED OR STOLEN ITEMS: THE UNDERSIGNED hereby releases the releasees from any liability for lost, damaged or stolen items or personal effects. THE UNDERSIGNED further understands and agrees that he/she/they shall be personally responsible and liable for his/her/their personal items and effects and that the releasees will not provide any compensation for repair or replacement of any such claimed items.

CODE OF CONDUCT: THE UNDERSIGNED understands and agrees that all guests are prohibited to engage in any inappropriate conduct including but not limited to behavior that is illegal, violent, verbally or physically abusive and/or which violates any part of this Agreement. THE UNDERSIGNED further understands and agrees that all guests shall not: threaten the safety of others, make loud and/or repetitive noise that disrupts or annoys others, conduct unauthorized services, programs or gatherings. THE UNDERSIGNED understands and agrees that he/she/they shall be responsible and liable for any and all loss, injury and/or property damages arising out of any violations of the Agreement by the undersigned and/or their guests and will be asked to leave the subject property immediately.

BUGS AND PESTS: THE UNDERSIGNED agrees and understands that the releasees cannot guarantee the subject property to be free of all animals, bugs or pests and that there shall be no refunds or compensation for the presence of any animals, bugs or pests.

CANCELLATIONS AND REFUNDS: THE UNDERSIGNED agrees and understands that early cancellation policies are determined by the respective booking agencies and that there are NO REFUNDS under any circumstances.

SEVERABILITY CLAUSE: THE UNDERSIGNED further expressly understands and agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by law and that if any provision is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

ARBITRATION: THE UNDERSIGNED agrees and acknowledges that any dispute, controversy or claim arising out of or related to this Agreement or the interpretation of this Agreement shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

THE UNDERSIGNED HAS READ, UNDERSTANDS THE RISKS, AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.

By checking the box, part of this ebill, you are agreeing with the terms and conditions of this agreement as if you signed the agreement itself.