PROPERTY WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT
This Waiver, Release of Liability, and Assumption of Risk Agreement ("Agreement") is entered into by the undersigned guest ("Participant") in favor of Ri-source Investments LLC, its members, managers, officers, employees, agents, successors, assigns, and all affiliates and associates (collectively "Host"). By signing below, Participant agrees to all terms herein, which are legally binding.
1. Assumption of Risk
Participant acknowledges that access to and use of the property — including the outdoor swimming pool, spa/hot tub, pool deck, diving board, garden areas, landscaping, pathways, structures, restrooms, parking areas, and all other on-site amenities — involves inherent risks that cannot be fully eliminated, including but not limited to: drowning or near-drowning; slipping and falling on wet or uneven surfaces; diving board injuries; spinal cord injuries; cardiac events triggered by water temperature changes; heat exhaustion or heat stroke from spa use; cuts, lacerations, and abrasions from pool equipment or surfaces; allergic reactions to pool chemicals; insect or environmental exposure in garden areas; property damage resulting in personal injury; and any other hazard associated with aquatic and outdoor recreational activities. Participant voluntarily accepts and assumes all such risks, known and unknown, for themselves and any listed minors.
2. Waiver and Release of Liability
In consideration of being permitted to access the property and its facilities, Participant, on behalf of themselves, any listed minors, and their heirs, executors, administrators, legal representatives, and assigns, hereby irrevocably releases, waives, discharges, and covenants not to sue Host from any and all claims, demands, causes of action, damages, losses, costs, and expenses — including reasonable attorneys' fees — arising out of or in any way connected with Participant's (or any listed minor's) presence on, access to, or use of the property or any of its facilities, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF HOST. This release includes but is not limited to claims for bodily injury, death, property damage, emotional distress, or economic loss.
3. Indemnification and Hold Harmless
Participant agrees to indemnify, defend, and hold harmless Host from and against any and all claims, liabilities, damages, judgments, costs, and expenses (including attorneys' fees) arising from: (a) Participant's acts, omissions, or negligence on the property; (b) the acts, omissions, or negligence of any minor under Participant's supervision; (c) any breach of this Agreement by Participant; or (d) any third-party claim resulting from Participant's use of the property.
4. Minor Guardianship
If Participant has listed one or more minors on this Agreement, Participant represents and warrants that: (a) they are the legal parent or court-appointed guardian of each listed minor; (b) they have full legal authority to execute this Agreement on each minor's behalf; (c) this Agreement is binding upon each listed minor to the fullest extent permitted by law; and (d) Participant accepts sole and full responsibility for each minor's conduct, safety, and continuous supervision throughout the duration of the visit, including in and around the pool, spa, and all other areas of the property.
5. Property Rules — Participant Agrees To:
• Never swim alone — at least one other adult must be present and attentive at all times.
• Not run, push, horse-play, or engage in rough conduct on the pool deck or any part of the property.
• Shower before entering the pool or spa.
• Follow all posted rules and any verbal or written instructions from the Host.
• Not bring or consume glass containers anywhere near the pool or garden area.
• Remain within designated guest areas; not access restricted, private, or fenced-off portions of the property.
• Treat all structures, landscaping, plants, equipment, and furnishings with care and respect.
• Immediately notify the Host of any injury, spill, damage, or safety hazard observed.
• Exit the pool and spa immediately and move to covered shelter in the event of thunder, lightning, or any severe weather condition.
• Not use or permit use of the diving board by anyone under 18 without direct guardian supervision.
• Not exceed the posted guest capacity at any time.
6. Alcohol, Substances, and Conduct
Participant agrees not to enter the pool or spa while under the influence of alcohol, cannabis, prescription medication that impairs coordination, or any controlled substance. Participant agrees not to consume alcohol or any intoxicating substance on the property without prior written approval from the Host. Host reserves the right to require any guest who appears intoxicated or impaired to immediately exit the pool and, if necessary, to leave the property without refund. Disruptive, aggressive, or harassing behavior toward the Host, Host's neighbors, or other guests is grounds for immediate termination of the booking without refund.
7. Non-Swimmers and Spectators
All non-swimmer guests and spectators must remain in designated dry areas and follow all property rules. Non-swimmers agree not to enter the pool water unless expressly invited. Host assumes no liability for non-swimming guests or spectators who access any part of the property unsupervised or in contravention of posted rules or Host instructions.
8. Medical Fitness and Emergency Authorization
Participant represents that they are in adequate physical health to participate in swimming and related outdoor activities. Participant acknowledges there is no lifeguard on duty and that emergency medical services must be called independently. In the event of a medical emergency involving Participant or any listed minor, Participant authorizes Host and/or any emergency personnel to take any action reasonably necessary to protect health and safety, including calling 911. Participant agrees to disclose to the Host in advance any known medical conditions (including but not limited to heart conditions, epilepsy, or severe allergies) that may present a safety risk during the visit.
9. Property Damage
Participant is financially liable for any damage to the property, structures, furnishings, equipment, or landscaping caused by Participant or any member of Participant's group, including listed minors. Participant authorizes Host to charge the credit card or payment method on file for documented repair or replacement costs, with receipts provided. Normal wear and tear is excluded.
10. Photography, Recording, and Privacy
Participant agrees not to photograph, film, or otherwise record any portion of the property's interior or private residential structures. Photography of the pool and garden areas is permitted for personal, non-commercial use only. Participant must not publish images that reveal the property's exact address or identifying details without prior written consent from Host. Host may capture photos or video of guests for safety and marketing purposes; Participant may opt out by notifying Host in writing before the session.
11. Cancellation, Refunds, and No-Show Policy
Participant acknowledges the following cancellation policy: Full refund if cancelled at least 48 hours before the scheduled session or booking start time. No refund for cancellations made within 48 hours of the session start. No refund for no-shows. Host reserves the right to cancel a session due to unsafe weather, emergency, or other circumstances beyond Host's reasonable control; in such cases, Participant will receive a full refund or reschedule option. Participant acknowledges that chargebacks filed contrary to this policy may result in a dispute response referencing this signed Agreement.
12. Security Cameras
Participant acknowledges that outdoor security cameras are present on the property and visible in areas near the pool. These cameras are for safety and property security purposes. By signing this Agreement, Participant consents to being recorded by outdoor cameras during their visit.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict-of-law principles. Any dispute arising under or related to this Agreement shall be resolved exclusively in the state or federal courts located in King County, Washington, and both parties consent to personal jurisdiction in such courts.
14. Dispute Resolution
Before initiating any legal proceeding, Participant agrees to provide Host with written notice of any dispute and allow 30 days for good-faith resolution. If unresolved, disputes involving claims under $10,000 shall be submitted to binding arbitration in King County, Washington, under the American Arbitration Association's Consumer Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalidity of one provision shall not render the entire Agreement unenforceable.
16. Entire Agreement and Modification
This Agreement constitutes the entire understanding between Participant and Host with respect to the subject matter herein and supersedes all prior oral or written communications. This Agreement may not be modified except in writing signed by an authorized representative of Host.
17. Electronic Signature Validity
Participant agrees that an electronic signature on this Agreement — whether drawn, typed, or otherwise affixed digitally — is legally valid and binding to the same extent as a handwritten signature, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Washington State Electronic Authentication Act (RCW 19.34).
18. Voluntary Execution
PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ THIS ENTIRE AGREEMENT, UNDERSTAND ITS CONTENTS AND LEGAL SIGNIFICANCE, AND SIGN IT FREELY AND VOLUNTARILY, WITHOUT DURESS OR UNDUE INFLUENCE. PARTICIPANT UNDERSTANDS THAT THIS AGREEMENT WAIVES SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE HOST FOR NEGLIGENCE.
