Real Estate Liability Waiver

REAL ESTATE LIABILITY WAIVER

Parties and Contact Information

Property Identification

Effective Date

This Real Estate Liability Waiver ("Waiver") is made effective as of by and between the Property Owner/Manager identified above and the Participant identified above.

Acknowledgment of Risk and Assumption

Participant hereby acknowledges that they will be present upon or entering the Property for purposes of inspection, viewing, maintenance, repair, or other lawful activity. Participant understands and acknowledges that the Property may contain natural conditions, structural features, improvements, equipment, animals, or activities that create a risk of personal injury, property damage, or death. Participant knowingly and voluntarily assumes all risks, whether known or unknown, inherent in the presence upon the Property, including but not limited to slips, trips and falls, hazardous materials, falling objects, pools, stairs, uneven surfaces, construction activities, and interactions with animals.

Release, Waiver and Indemnity

In consideration of being permitted to enter the Property, Participant, on behalf of themselves, their agents, employees, contractors, successors and assigns, hereby irrevocably and unconditionally releases, waives, discharges and covenants not to sue the Owner, Manager, its officers, agents, employees, contractors and insurers (collectively, the "Released Parties") from any and all liability, claims, demands, actions and causes of action, whether in contract, tort, or statutory law, arising out of or related to any loss, damage, injury, or death that may be sustained by Participant or any property belonging to Participant, arising out of or in any way connected with Participant’s entry onto or presence upon the Property, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

Participant further agrees to defend, indemnify and hold harmless the Released Parties from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and costs of investigation) arising out of Participant’s acts or omissions while on the Property or arising from Participant’s breach of this Waiver.

Medical Treatment and Emergencies

In the event of injury or medical emergency, Participant authorizes Owner/Manager and their representatives to obtain emergency medical treatment for Participant. Participant agrees to be financially responsible for any emergency medical treatment and related transportation, and releases the Released Parties from any liability for providing or arranging such treatment.

Known Hazards and Disclosures

Participant acknowledges receipt of, and has read, the following disclosures and confirms awareness of the existing conditions checked below:

  Uneven surfaces, steps or thresholds present on the Property
  Active construction, repairs, or maintenance at the Property
  Pool, spa, or open water on the Property
  Presence of animals or pets on the Property
  Visible mold, water damage, dampness, or related conditions
  Potential lead-based paint or other hazardous building materials

Insurance and Personal Property

Participant acknowledges that Owner/Manager maintains property and liability insurance as required by Owner/Manager’s policies, but that Participant is solely responsible for obtaining any insurance desired to cover Participant’s personal property, tools, equipment, vehicles, or persons. Participant understands that the Released Parties are not responsible for loss, theft, or damage to any personal property that Participant brings onto the Property.

Participant confirms:   I have personal liability or workers' compensation insurance applicable to my activities on the Property

Minors and Companions

If Participant will be accompanied by minors or others for whom Participant is legally responsible, Participant must list names and ages below and accepts full responsibility for their supervision while on the Property.

If minors are listed above, Participant certifies they are the minor's parent or legal guardian and have the authority to execute this Waiver on behalf of the minor(s). Participant further agrees to indemnify the Released Parties for any claim brought by or on behalf of any minor accompanying Participant.

Breach, Remedies, Governing Law, Severability

A breach of this Waiver by Participant shall entitle the Owner/Manager to all remedies available at law or equity, including injunctive relief and recovery of costs and attorneys' fees. This Waiver shall be governed by the substantive laws of the state in which the Property is located without regard to conflict of law principles. If any provision of this Waiver is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

Entire Agreement and Acknowledgment

This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements. Participant acknowledges that they have read this Waiver in full, understand its terms, and accept its provisions voluntarily and without reliance upon any representations not set forth herein.

Additional Instructions / Conditions

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