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Dear guest, please complete this waiver for use of the pool and hot tub during your stay. Thank you, Gretchen

 

AGREEMENT AND RELEASE OF CLAIMS FOR USE OF POOL AND SPA LOCATED AT GRETCHEN’S GETAWAYS, LLC 11081 E. CORTEZ STR. SCOTTSDALE, AZ PROPERTY BETWEEN “GUEST”  AND “OWNER” GRETCHENS GETAWAYS, LLC

By signing the document below I, the Guest/ Releasor HEREBY

Acknowledge that upon entering pool and spa area, I will continuously thereafter, thoroughly inspect such area. My continued presence constitutes an acknowledgment that I have inspected this area and find and accept such areas as being safe and reasonably suited for the purposes of the Activity. 

Agree and warrant that if, at any time, I feel or think anything to be unsafe, I and all guests will immediately leave the area and advise Gretchen, manager of Gretchens Getaways, LLC. 

Agree I am voluntarily participating in the Activity in the pool and spa and I am participating entirely at my own risk.

AgreeI am aware of the associated SPA RISKS which may include but are not limited to drowning, heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations, physical/psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, paralysis or death.  I understand that these injuries or outcomes may arise from my own or others’ negligence, including that of Gretchens Getaways, LLC or from the conditions at the Activity location.  Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. 

By signing this agreement, the Guest/ Releasor furthermore agrees

To follow all Pool and spa rules as outlined by Gretchens Getaways, LLC  in this agreement or others posted at the property or on the Airbnb listing.

To follow the Arizona department of health services pool safety recommendations.

to use extreme caution and care in the pool and hot tub on the premises and to pay any and all repair charges for damage caused by the Guest or the Guest’s family members, guests, invitees, agents, and/or employees to the pool and spa.

all above-mentioned will shower and clean feet upon use of pool and spa. 

NO oils, bubble bath, soaps, other liquids, or any other harmful materials will be used in the pool or spa

No glass products whatsoever are allowed in or around the pool or spa.

Applies only if cover is present: Damage to any cover will result in a $400 charge. Cover should remain on the spa at all times when not in use.

there will be no horseplay in the pool or spa as well as not to sit on, jump on, or misuse the hot tub cover in any manner.

To NEVER leave children under the age of 16 unsupervised in the backyard/pool/spa area.

The use of the pool toys, floats, and other outdoor recreation items are to be used at the Guest's own risk; the pool toys and floats provided at the property are not life-saving devices and intended for recreational use only; to not expect pool toys or floats to be functional or without leaks.

If there are children in the home, Guest agrees to be solely responsible for the following and release the Owner from any responsibility if the Guest is not in compliance with the following:

Guest will never leave children unattended in the home, whether in the exterior or interior of the property.

Removable pool fence may or may not be installed upon arrival. Guest is responsible for installing the pool fence according to the directions provided or for contacting the owner for assistance with installing the pool fence before allowing any children into the backyard.

Guest is responsible for activating the door alarms on the kitchen patio door and master bedroom patio door.  Alarms can be disabled with the remotes provided, they can be activated to ensure no child access the home without the alarm sounding. 

Sliding door locks are present on the windows facing the backyard. It is the Guest’s responsibility to check that these locks are functional.  If not, it is the Guest’s responsibility to contact the owner immediately.

Guest authorizes Gretchen's Getaways, LLC to collect the security deposit if any damage occurs to the amount necessary to cover cost of repairs.

Guest agrees that if they choose not to use the pool or spa, and requested these to be heated, the Pool Heating Fee is non-refundable. Renter agrees that within 30 minutes of arrival, renter will report any problems with the pool or spa to Gretchen at contact number provided. 

The Guest further agrees to defend, indemnify and hold harmless Gretchen’s Getaways. LLC and it’s owners, and employees from any and all claims, damages liabilities, or losses whatsoever arising out of or in any way associated with the renters use of the pool or spa, including but not limited to death, personal injury, or property damage.

I Agree

IN CONSIDERATION OF the risk of injury that exists while BEING IN THE WATER OF THE POOL AND/ OR SOAKING IN the SPA (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, personal representatives, executors, administrators, assigns, guests, children, heirs, and next of kin, (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge Gretchens Getaways LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result, direct or indirect, of my participation in the Activity.

I FURTHER AGREE to INDEMNIFY, DEFEND AND HOLD HARMLESS all Releaseees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Gretchens Getaways, LLC is not responsible for errors, omissions, acts or failures to act of any party or entity involving this Activity on behalf of the Releasees.  In the event that I should require medical care or treatment, I authorize Gretchens Getaways, LLC. to provide all emergency medical care deemed necessary, including, but not limited to, first aid, CPR, use of an AED, emergency transport, and sharing of medical information with emergency personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I hereby acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Gretchen’s Getaways and their agents from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Gretchens Getaways, LLC. for personal injury or property damage. To the extent that statute or case laws does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Gretchens Getaways, LLC.and other releasees.

I agree that this Release shall be governed for all purposes by Arizona law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. This waiver and release of liability shall remain in effect for the duration of my participation in the Activity, during this initial and all subsequent events of participation.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s, guests, or agents willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with ay such actions of neglect or recklessness.

In the event that any provision contained within this Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. 

I Agree

The agreement and release is hereby incorporated into and made a part of any other agreement between the guest and Gretchen’s Getaways, LLC in the event legal action is commenced to interpret or enforce the terms of this Agreement and costs, whether incurred during litigation, at trial, or on appeal. By signing this document, the Guest acknowledges and represents that (s)he has read the terms hereof and understands the legal effect of his/her signature. 

I HEREBY release and forever discharge Gretchens Getaways LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result, direct or indirect, of my participation in the Activity.


SPA RULES

Pregnant women, children under 16 and those with heart disease NOT allowed in the spa. 

ASK your doctor before getting in if you take medicines or have medical condition.If you are taking medication of any kind, or being treated for diabetes, low or high blood pressure, strokes, epilepsy, weakened immune system or other conditions, or are a frail elderly person, consult your physician prior to use of the spa.

CHECK temperature (104 degrees or less) yourself

Limit your soak to 15 minutes at a time

Keep your head, arms and upper chest out of the water to avoid overheating

Stay hydrated before and during getting into the spa 

Get out immediately if you feel dizzy, overheated, nauseous, or unwell              

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POOL AND SPA RULES 

Never leave children 16 and under alone in the pool or spa.

No diving.  Jumping into the pool is not recommended.

Don’t get in tub if you have open sores or wounds, or cuts, or diarrhea

SHOWER off particles, oils, cosmetics, hair gels, etc…before getting in

No drugs or alcohol use before or during

No bodily fluids, not limited to urine, blood, mucus, saliva etc.

Be careful when getting out so you don’t slip and fall 

Arizona Department of Health Services Pool Safety Recommendations: Never leave a child unattended in the pool or pool area.Because flotation devices and swimming lessons are not substitutes for supervision, a child should alwaysbe watched when in or around the pool area.CPR/CCR instructions and the 911 emergency number (or local emergency number) should beposted in the pool area.A phone should be located in the pool area or easily accessible in case of an emergency.Lifesaving equipment

should be easily accessible and stored n the pool area.All gate locks and latches should be checked regularly to insure they are working properly.A gate should never be left propped open All items that could be used to climb a pool barrier should be removed from around the barrier.

• In an emergency:

 o Shout for help;

o Pull the child from the water;

o Call 911 (or local emergency number) for help; and

o After checking the child's airway and breathing, immediately begin CPR/CCR if necessary.



 

 

First Guests Name

First Name*

Middle Name

Last Name*
First Guests Age Acknowledgment*
First Guests Date of Birth*
I certify that I am 18 years of age or older
First Guests Signature*
Second Guests Name

First Name*

Middle Name

Last Name*
Second Guests Date of Birth*
Third Guests Name

First Name*

Middle Name

Last Name*
Third Guests Date of Birth*
Fourth Guests Name

First Name*

Middle Name

Last Name*
Fourth Guests Date of Birth*
Fifth Guests Name

First Name*

Middle Name

Last Name*
Fifth Guests Date of Birth*
Sixth Guests Name

First Name*

Middle Name

Last Name*
Sixth Guests Date of Birth*
Seventh Guests Name

First Name*

Middle Name

Last Name*
Seventh Guests Date of Birth*
Eighth Guests Name

First Name*

Middle Name

Last Name*
Eighth Guests Date of Birth*
Ninth Guests Name

First Name*

Middle Name

Last Name*
Ninth Guests Date of Birth*
Tenth Guests Name

First Name*

Middle Name

Last Name*
Tenth Guests Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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