Welcome to your ultimate getaway in Austin! Just minutes away from iconic attractions, delicious dining, and vibrant entertainment, our haven offers a refreshing pool, a serene backyard, and all the comforts you need for a memorable stay. • 2 King/3 Queen/1 Full/2 Queen floor mattresses • Fully stocked kitchen • Tesla Charger RELEASE & WAIVER OF LIABILITY AND INDEMNITY AGREEMENT for POOL, HOT TUB, AND BUNKBED USE IN CONSIDERATION OF the risk of injury that exists while using the POOL, HOT TUB, and BUNKBED (hereinafter the "Activities"); and IN CONSIDERATION OF my desire to participate in said Activities 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 Activities; and I HEREBY release and forever discharge Alejandro Navarro Guitz, located at 2390 West 8th St, Austin TX 78703 (hereinafter "Alejandro"), and Navarro Guitz Investments LLC, located at 1900 Research Blvd Ste 160C Austin TX,78759 (hereinafter collectively referred to as "Releasees")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 Activities. I HEREBY acknowledge that I have thoroughly inspected the pool area and bunkbeds and find and accept them as being safe and reasonably suited for the purposes of the Activities. I further 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 Alejandro. I am voluntarily participating in the Activities, including the use of the pool, hot tub, and bunkbeds, and I am participating entirely at my own risk. I am aware of the associated risks which may include but are not limited to drowning, heat exhaustion, heat stroke, slips, falls, and injuries related to the use of bunkbeds. I understand that these injuries or outcomes may arise from my own or others' negligence, including that of Alejandro, or from the conditions at the activity location. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in these Activities. I understand and agree to the following specific rules and precautions related to the Activities: POOL: a. Minor children are prohibited from using the pool or accessing the pool area without an adult present. Occupants shall enforce this rule and take reasonable actions to prevent unsupervised minors from using the pool or accessing the pool area. b. Persons under the influence of drugs or alcohol are prohibited from using the pool. Occupants shall enforce this rule and take reasonable actions to deter persons from using the pool while under the influence of drugs or alcohol. c. Glass containers or objects are prohibited in or near the pool. Appropriate signage shall be posted, occupants shall be provided with rules prohibiting the use of glass containers, and reasonable actions shall be taken to deter persons from bringing any glass containers or objects near the pool. In the event of a violation resulting in broken glass in the pool, the participant acknowledges and agrees to pay a substantial fine of $1000 will be imposed for the first occurrence of broken glass in the pool. d. Diving is prohibited in the pool. Appropriate signage shall be posted and maintained, and occupants shall be provided with rules prohibiting diving. HOT TUB: (Include the rules and precautions listed in the previous response) BUNKBED: The upper bunk is limited to one adult or a maximum weight of 200 lbs. Occupants shall adhere to this rule and ensure that the upper bunk is used safely and within the weight limit. I FURTHER AGREE to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees 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 Releasees are not responsible for errors, omissions, acts, or failures to act of any party or entity involving these Activities on behalf of the Releasees. I further agree to assume all costs involved in emergency services 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 Alejandro and their Releasees 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 Alejandro 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 Alejandro and Releasees. I agree that this Release shall be governed for all purposes by the laws of the State of Texas, 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 Activities, 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 any 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 have read and understood the contents of this waiver and release, and I voluntarily agree to its terms. Participant's Name: _________________________________ Participant's Signature: ______________________________ Date: ______________________________