Oceanfront Whispering Waves Hot Tub Wavier

Please Read and fill out the following waiver.

505 S. Pacific Avenue, Solana Beach, California

Dear Guest of 505 S. Pacific Avenue (the “Premises”),

We are grateful to have you as a guest in our home and hope that you have a wonderful time during your stay in Solana Beach. Our home is a bluff-top property that is perched approximately 70 feet above a beautiful Southern California beach, with the Pacific Ocean just a few steps away. We want you and your family to have a safe visit and with this in mind we wish to bring certain safety concerns to your attention. Please read this entire document carefully and sign below.

1. Bluff Edge Safety. Please exercise extreme caution – especially with children – when recreating near the bluff edge. This goes without saying, but a fall to the beach below could cause severe injury or death. We strongly recommend that children should not be allowed on the oceanfront patio and deck without active adult supervision. It is illegal to walk or climb on the bluff face so please do not allow anyone to climb over the bluff edge railing.

2. Jacuzzi. Our property includes a Jacuzzi spa (hot tub) for your enjoyment. Please keep the Jacuzzi covered and locked when not in use. The hot tub is not recommended for children under the age of 5. Please do not allow any children who do use the spa to do so without active adult supervision. The following individuals should consult with their physicians before using the hot tub: the elderly, individuals with heart disease, diabetes, or high blood pressure, pregnant women, and anyone taking prescription medications.
3. Beach Recreation Near the Bluffs. When recreating on the sandy beach, always keep a safe distance from all ocean bluffs. The ocean bluffs are unstable and large sections can fall to the beach at any time without notice.

4. Ocean Hazards. The Pacific Ocean has certain hazards associated with it including but not limited to: high surf, drowning, injury, and dangerous sea creatures, including stingrays. Stingrays swim along the sand in shallow water and can cause a painful sting. The best way to avoid a sting is to always shuffle your feet when walking along the ocean bottom. It is agreed that all guests understand the hazards associated with the ocean, and will take all precautions with regards to the ocean and swimming safety. Children under the age of 16 must be supervised at all times and may not be left unattended on the ocean side of the Premises.
5. Children: Guest accepts all responsibility and liability for any harm to young children with regards to the specific hazards identified above. This also applies to harm caused by stairways, hard surfaces, and items, which may be a hazard to young children. Guest agrees to supervise young children at all times in order to prevent any conditions, which may cause harm.

6. INDEMNIFICATION, HOLD HARMLESS, WAIVER AND RELEASE OF LIABILITY: The undersigned Guest, for himself/herself, his/her family members, heirs, assignors, executors, and administrators, fully releases and discharges Owner and Owner’s Representative from any and all claims, liabilities, demands, losses, costs and expenses (including reasonable attorneys fees and costs), and causes of action (collectively “Claims”) by reason of any injury of whatever nature and/or damage to personal property that has occurred, or may occur as a result of, or relating in any way to the use or occupancy of the Premises. Guest further agrees on their behalf and on behalf of their invitees, employees, family members, heirs, agents and representatives to protect, defend, indemnify and hold Owner and Owner’s Representatives harmless from and against any and all Claims of any nature whatsoever (based on a tort, contract, or negligence (active or passive) theory of recovery) arising out of, or relating to, without limitation 1) Guests’ use or occupancy of the Premises; 2) any injury of whatever nature in and around the Premises suffered by Guests; 3) Owner’s negligence in the design, construction, maintenance or repair of the Premises, and 4) the failure of Owner to inform Guests of hazards of any kind or nature either known or unknown. Guest waives, releases and discharges Owner from any Claims arising from any temporary defects or stoppage in supply of water, gas, electricity or plumbing or any loss or damage caused by weather conditions, natural disasters, acts of God, or other reasons beyond its control. By their signature below the Guest acknowledges that they have read the following warnings and hazards and informed their invitees regarding the use of the Premises.

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