Private River Escape! The Backyard Manatee Club. - Homosassa

TERMS AND CONDITION / LIABILITY WAIVER
4430 S Wandering Path, Homosassa FL, 34448

PLEASE READ CAREFULLY

The Booking Guest(s), hereinafter referred to as “THE GUEST(s)”, understands and agrees to this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT regarding the properties located at 4430 S Wandering Path, Homosassa, FL, 34448, hereinafter referred to as the “the property.” THE GUEST(s) agree and acknowledge that the intended use of the subject property is for the temporary rental of the premises for lodging. THE GUEST(s) 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 GUEST 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 GUEST(s), 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 GUEST(s) hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE VESO AND KIRSTEN 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 GUEST(s), their 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 GUEST(s) or their guests, whether caused by negligence of the releasees or otherwise while in or upon the area of the subject property.

THE GUEST(s) 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.


1. The Property is rugged – a stilt house on the edge of a river, with a lagoon and a boat well in the backyard. Cement steps lead directly into the lagoon, river, and boat well. The Property features a water slide, swings, sauna, kayaks, paddle boards, bunk beds, and wetlands. The natural contour of the property has many changing elevations in the backyard, on docks, porches, patios, and terraces.

2. I am aware that The Property features stairs, steps, multi-level docks, multi-level patios, rocks, terraces and that tripping and falling on these features may result in serious bodily injury and/or death.

3. The lagoon is not fenced, and the backyard ends at the river's edge where a rip-rap retaining wall provides The Property border. The depth of the lagoon is controlled by the tide, and low water levels may create unsafe use of the water slide.

4. I am aware that all water on and around the Property, the adjoining property, and the river are shallow and that jumping or diving into the water may result in serious bodily injury and/or death.

5. I am also aware that my stay at the Property involves risks that may result in serious bodily injury and/or death. Some of the risks include, but are not limited to, drowning, falling, sports injury, slips, trips, falls, cuts, adverse weather conditions, contact with wildlife, passing boats and other water vehicles, the acts or omissions of guests or visitors on the Property during my stay, and the condition of the Property. I understand that the description of the risks in this Release is not complete and that other risks or events that are known or unknown, anticipated or unanticipated may result in serious bodily injury and or/death.

6. IN CONSIDERATION for being permitted to enter the Property for vacation rental or any other purpose, THE GUEST(s) on the Rental Agreement, for himself/herself/themself, his/her/their 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/they finds and accepts such areas as being safe and reasonably suited for the purposes of his/her/their use, and he/she/they further agrees and warrants that if, at any time, he/she/they feels anything to be unsafe, he/she/they and all guests will immediately leave the area and advise Veso and Kirsten Dimitrijevich.

7. In consideration of being permitted to rent and stay at the Property, I agree on my own behalf, my family, any and all guests, and invitees that I am fully responsible for any and all risks of injury or death. I hereby release and hold harmless Veso and Kirsten Dimitrijevich, principals, agents, officers, employees, and representatives (collectively “Releasees”).

8. I understand and acknowledge that being in or near a river presents various risks and hazards, including boats, watercraft, unexpected tide surges, floating debris, wildlife, and other potential hazards. I assume all such risks associated with being near or in the river, including the obligation to notify all guests of such risks.

9. I agree to fully and forever release and discharge, and not to sue Releasees for any injuries or damages, including bodily injury or property damage that may result from or be related in any way to my rental and stay at the Property, except for those caused by the willful misconduct, gross negligence or intentional torts of the Releasees, as applicable. I further agree to indemnify and defend Releasees, through their own choice of counsel, against any and all claims arising out of or related in any way to my rental of the property, including claims by third parties.


I EXPRESSLY UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT MY USE AND OCCUPANCY OF THE PROPERTY COULD RESULT IN DAMAGES OF A DIVERSE NATURE. I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE DUE TO MY USE AND OCCUPANCY OF THE PROPERTY. FURTHER, I EXPRESSLY AGREE NOT TO MAKE ANY CLAIM, SUIT, ACTION, OR OTHER DEMAND FOR DAMAGES AGAINST THE RELEASEES FOR ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE RESULTING, IN WHOLE OR PART, FROM MY USE AND OCCUPANCY OF THE PROPERTY, WHETHER OCCURRING BEFORE OR AFTER THE DATE THAT THIS RELEASE AND AGREEMENT IS SIGNED. ANY AND ALL SUCH CLAIMS, SUITS, ACTIONS, AND DEMANDS AGAINST THE RELEASEES ARE HEREBY EXPRESSLY AND IRREVOCABLY RELEASED AND WAIVED REGARDLESS OF THE CAUSE. THE FOREGOING RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW. IN THE EVENT ANY PART THEREOF IS HELD TO BE INVALID, THAT PART OF THIS RELEASE AND AGREEMENT WHICH IS NOT INVALID SHALL REMAIN IN FULL FORCE AND EFFECT.

I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT AND THAT I UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM. I UNDERSTAND THAT THIS DOCUMENT APPLIES TO AND SHALL BE EFFECTIVE AND BINDING UPON ME, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE, ESTATE, AND ALL MEMBERS OF MY FAMILY, MINORS, INVITEES, AND OTHERS IN MY CARE, CUSTODY OR CONTROL, AND AGREE TO ADVISE ALL SUCH INDIVIDUALS OF THIS DOCUMENT AND CAREFULLY SUPERVISE THEIR USE OF PROPERTY.