Property: East Lake Oasis, Atlanta, GA (exact address provided upon booking confirmation)
This Pool Use Agreement, Assumption of Risk, Release of Liability, and Indemnification Agreement ("Agreement") is entered into between the property owner ("Host") and the individual making the reservation ("Guest" or "Reservation Holder"). By booking, entering, or using the property, Guest agrees to all terms of this Agreement on behalf of themselves and every member of their party.
1. Reservation Holder Responsibilities
The Reservation Holder represents that they are at least eighteen (18) years of age and have the authority to enter into this Agreement on behalf of themselves and every person accompanying them. The Reservation Holder is responsible for ensuring that every member of their party understands and follows all rules, safety instructions, and requirements contained in this Agreement. The Reservation Holder must remain physically present on the property for the entire duration of the reservation and may not leave while any member of their party remains on the premises. The Reservation Holder may not transfer or assign responsibility for the reservation to another individual without the Host's prior written consent.
2. Maximum Occupancy
The maximum occupancy of the property is thirty (30) guests, unless otherwise approved in writing by the Host. Guest count includes adults, children, infants, entertainers, vendors, photographers, and all visitors. Exceeding the approved occupancy limit constitutes a material breach of this Agreement and may result in immediate termination of the reservation without refund.
3. Supervision of Children
Children must be under the direct supervision of a responsible adult at all times. Parents and guardians accept full responsibility for supervising minors. The Host does not supervise children and assumes no responsibility for their safety.
4. No Lifeguard on Duty
NO LIFEGUARD IS ON DUTY.
Guest understands that swimming is entirely at their own risk. The Host does not monitor swimming activities. Guests are solely responsible for determining whether members of their party have the ability to safely swim. Life jackets are recommended for young children and inexperienced swimmers but do not replace direct adult supervision.
5. Property Inspection and Acceptance
Guest acknowledges they have the opportunity to inspect the property immediately upon arrival. By entering or continuing to use the property, Guest accepts the property "AS IS" and represents that the premises appear reasonably safe for their intended use. If Guest observes any unsafe condition, Guest agrees to immediately stop using the affected area and notify the Host. Continued use of the property constitutes acceptance of its condition.
6. Assumption of Risk
Guest understands that use of a residential swimming pool and surrounding property involves inherent and unavoidable risks. These risks include, but are not limited to: drowning; slips and falls; wet surfaces; diving injuries; spinal injuries; collisions; horseplay injuries; burns; cuts; electrocution; dehydration; heat exhaustion; sun exposure; insect bites; allergic reactions; weather-related injuries; lightning; fire pit injuries; grill injuries; hot tub injuries; waterfall injuries; basketball hoop injuries; pool chemical exposure; equipment malfunction; property damage; permanent disability; and death.
Guest knowingly, voluntarily, and freely assumes all known and unknown risks associated with use of the property. To the fullest extent permitted by Georgia law, Guest assumes these risks even if arising from the ordinary negligence of the Host.
7. Medical Condition Certification
Guest represents that they and members of their party are physically capable of safely using the property. Guest agrees not to use the pool or spa while impaired by alcohol, illegal drugs, or medication that may affect judgment or coordination. Individuals with medical conditions, including heart conditions, seizure disorders, pregnancy, or other health concerns, should consult their physician before using the hot tub or participating in water activities.
8. Pool Rules
Guest agrees that everyone in their party will comply with the following rules:
- No diving.
- No running.
- No roughhousing.
- No pushing anyone into the pool.
- No climbing, sitting, jumping, or hanging on the waterfall.
- No hanging or climbing on the basketball hoop.
- No glass containers anywhere inside the pool area.
- No water balloons.
- No confetti.
- No glitter.
- No powder or gender reveal substances.
- No fireworks.
- No smoking or vaping in the pool or spa.
- No illegal drugs.
- No intoxicated swimming.
- Swim diapers are required for children who are not fully potty trained.
- Do not tamper with pool equipment.
- Do not enter mechanical or equipment areas.
- Follow all posted safety signs and instructions.
9. Property Damage
Guest accepts responsibility for all damage caused by themselves or anyone in their party beyond ordinary wear and tear. Guest agrees to reimburse the Host for all repair or replacement costs.
10. Reporting Injuries and Unsafe Conditions
Guest agrees to immediately notify the Host of any injury, any medical emergency, any accident, any property damage, or any unsafe condition. Whenever possible, Guest agrees to report these incidents before leaving the property. Failure to promptly report an incident may impair the Host's ability to investigate the circumstances.
11. Emergency Medical Care
The Host has no duty to provide medical care. Guest authorizes the Host to contact emergency services whenever the Host reasonably believes emergency assistance is necessary. Guest accepts responsibility for all resulting medical expenses.
12. Release of Liability
TO THE MAXIMUM EXTENT PERMITTED BY GEORGIA LAW, GUEST RELEASES, WAIVES, DISCHARGES, AND AGREES NOT TO SUE THE HOST FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE USE OF THE PROPERTY.
This release includes claims involving personal injury, wrongful death, property damage, premises liability, negligence, equipment failure, product liability, and any other legal theory permitted by law. This release applies regardless of whether the injury occurs in or around the swimming pool, spa, decks, patios, pavilion, outdoor kitchen, fire pit, lawn, parking area, walkways, or any other portion of the property.
13. Indemnification
Guest agrees to defend, indemnify, and hold harmless the Host from any claims, lawsuits, judgments, attorney's fees, damages, expenses, or liabilities arising out of: Guest's use of the property; any member of Guest's party; any invited visitor; any minor; or any violation of this Agreement.
14. Host's Right to Terminate Reservation
The Host reserves the right to immediately terminate the reservation without refund if any guest: violates this Agreement; violates posted rules; engages in unsafe behavior; creates excessive noise; damages property; exceeds the maximum occupancy; refuses to follow Host instructions; interferes with neighbors; or engages in illegal activity. Guest agrees that removal from the property under these circumstances shall not constitute wrongful eviction or breach of contract.
15. No Warranties
The property is provided "AS IS." The Host makes no warranties, express or implied, regarding safety, suitability, fitness for any purpose, uninterrupted operation, condition of equipment, or weather conditions.
16. Persons Protected by This Agreement
The protections provided by this Agreement extend to and benefit: the Host; the Host's spouse; family members; heirs; personal representatives; the owner of the property; any limited liability company or business entity owning or managing the property; employees; contractors; volunteers; agents; representatives; property managers; insurers; successors; and assigns. Each is an intended third-party beneficiary of this Agreement and may enforce its provisions.
17. Governing Law
This Agreement shall be governed by the laws of the State of Georgia. Any dispute arising from this Agreement shall be brought exclusively in the state or federal courts located in DeKalb County, Georgia. Guest consents to the jurisdiction of those courts.
18. Severability
If any provision of this Agreement is held invalid or unenforceable, all remaining provisions shall remain in full force and effect.
19. Entire Agreement
This Agreement constitutes the complete understanding regarding use of the property and supersedes all prior oral or written agreements relating to liability.
20. Electronic Acceptance
Guest agrees that booking through this website or any electronic reservation platform, checking any acceptance box, or providing an electronic signature constitutes legal acceptance of this Agreement and shall have the same force and effect as a handwritten signature. The date, time, and name associated with the booking request serve as the record of acceptance.
21. Acknowledgment
By checking the acceptance box, booking, entering, or using the property, Guest acknowledges that they: have carefully read this Agreement in its entirety; fully understand its contents; understand they are giving up substantial legal rights; understand they are assuming all risks associated with use of the property; voluntarily agree to all terms without coercion; and have had the opportunity to ask questions before agreeing to these terms. Guest further certifies that they have informed every member of their party of these rules and accept responsibility for ensuring their compliance.