Pool & Property Liability Waiver

This Pool & Property Liability Waiver (“Agreement”) is entered into by the undersigned guest (“Guest”) in consideration for access to and use of the rental property operated under the name The Onyx at Luray (“Property”), which is owned by 6097 S Page Valley LLC, including the indoor heated saltwater pool and all related amenities.

1. Acknowledgment of Risk

Guest understands and acknowledges that use of the swimming pool, surrounding areas, and Property amenities involves inherent risks, including but not limited to:

• Slipping and falling
• Drowning
• Water-related injuries
• Electrical hazards
• Illness or allergic reactions
• Injuries caused by improper use of pool equipment or amenities
• Injuries involving children or other guests
• Wet surfaces and elevated humidity conditions associated with indoor pools

Guest voluntarily assumes all risks associated with the use of the Property, pool facilities, and amenities, whether known or unknown, foreseeable or unforeseeable.

By accepting this Agreement, Guest knowingly and voluntarily accepts these risks and agrees that participation in pool and Property activities is entirely at Guest’s own risk.

Guest further acknowledges that no warranty or guarantee is made regarding the safety, suitability, condition, or supervision of any recreational amenity or activity located on or associated with the Property.

Guest further understands and agrees that, to the fullest extent permitted by law, they are waiving, releasing, and forfeiting certain legal rights to bring claims or seek damages against The Onyx at Luray, 6097 S Page Valley LLC and their owners, managers, affiliates, employees, contractors, agents, and representatives for injuries, damages, losses, or claims arising from use of the Property or pool facilities.

2. No Lifeguard on Duty

Guest understands and agrees:

• There is NO lifeguard on duty
• Swimming and pool use are entirely at Guest’s own risk
• Children who are unable to swim independently must wear a properly fitted life preserver at all times and be accompanied by a responsible adult in the water with them.
• No diving, running, horseplay, or unsafe behavior is permitted

3. Guest Responsibility

Guest agrees to:

• Follow all posted rules and instructions
• Maintain safe conduct while using the Property
• Supervise all minors and guests accompanying them
• Immediately report any damage, unsafe condition, or injury
• Use the pool and amenities responsibly and respectfully

Guest accepts full responsibility for the actions, supervision, and safety of all members of their party and invited visitors.

4. Release of Liability

To the fullest extent permitted by law, Guest releases, waives, and discharges The Onyx at Luray, 6097 S Page Valley LLC, and their owners, managers, affiliates, employees, contractors, and representatives from any and all claims, liabilities, damages, injuries, losses, costs, or expenses arising out of or related to:

• Use of the swimming pool
• Use of the Property or amenities
• Accidents, injuries, illness, or death
• Personal property loss or damage

This release applies whether caused by negligence or otherwise.

5. Medical Emergencies

Guest understands and agrees that neither The Onyx at Luray nor 6097 S Page Valley LLC provides medical services, lifeguard services, emergency supervision, or on-site personnel.

Guest acknowledges that use of the Property and pool facilities is entirely at Guest’s own risk and that Guest is solely responsible for obtaining emergency medical assistance for themselves, members of their party, or visitors if needed.

Guest further understands and agrees that any medical treatment, transportation, ambulance services, hospitalization, or related expenses incurred during use of the Property shall be solely the responsibility of the Guest and/or injured party.

6. Indemnification

Guest agrees to defend, indemnify, and hold harmless The Onyx at Luray, 6097 S Page Valley LLC and their owners, managers, affiliates, employees, contractors, agents, and representatives from and against any and all claims, demands, lawsuits, damages, liabilities, losses, judgments, costs, or expenses, including reasonable attorney’s fees, arising out of or related to:

• Guest’s use of the Property or any amenities, including but not limited to the swimming pool, fire pit, grill, outdoor recreational areas, decks, walkways, and surrounding grounds
• Any injury, illness, death, loss, or property damage caused by Guest or Guest’s party
• Violation of Property rules or this Agreement
• Negligent, reckless, unsafe, or intentional acts or omissions of Guest or anyone associated with Guest’s reservation
• Improper or unsafe use of the swimming pool, fire pit, grill, or other amenities
• Claims brought by third parties arising from Guest’s occupancy or use of the Property

Guest further agrees to be financially responsible for any damage to the Property, pool systems, fire-related amenities, furnishings, equipment, or surrounding areas caused by misuse, negligence, prohibited conduct, or violation of Property rules by Guest or any member of Guest’s party. Guest is further responsible for monitoring alcohol consumption and ensuring the safe use of all Property amenities by themselves, members of their party, and invited guests.

This indemnification obligation survives the end of the reservation period and applies to the fullest extent permitted by law.

7. Pool Rules

Guest agrees to comply with all pool and property safety rules, including but not limited to the following:

• Pool hours: 8:00 AM – 10:00 PM
• No pets are permitted in the swimming pool
• Safety equipment, flotation devices, or life preservers, if provided, are supplemental only and do not guarantee prevention of injury, drowning, or death
• Maximum pool occupancy of 10 persons at one time
• Only enter and exit the pool using designated ladders or stairs
• Guests use the pool and pool area entirely at their own risk
• Pool surfaces may be slippery even when precautions are taken, use caution on wet surfaces at all times
• No diving
• No running, roughhousing, or horseplay in or around the pool area
• No glass products of any kind are permitted in or around the pool area
• No intoxicated or impaired swimming
• No swimming alone
• No food or beverages while inside the pool
• No jumping from furniture, fixtures, or the tanning ledge
• No sitting, standing, or climbing on pool cover equipment, mechanical equipment, or pool ledges not intended for use
• Children under the age of 14 must be supervised by a responsible adult at all times
• Children who are unable to swim independently must wear a properly fitted U.S. Coast Guard-approved life preserver at all times while near or in the pool. A responsible adult must accompany and directly supervise them in the water at all times. Life preservers are not required to be provided by the property owner.
• No unauthorized guests or visitors not included on the reservation
• No parties, events, or large gatherings are permitted in or around the pool area without prior written approval from the owners
• The pool and Property are intended solely for registered overnight guests
• Day visitors or additional guests beyond the reservation count are prohibited unless approved in writing
• No excessive noise, disruptive behavior, or unauthorized gatherings
• No tampering with pool equipment, controls, or mechanical systems
• Guests must shower and clean feet before entering the pool whenever possible
• Immediately report spills, hazards, damage, or unsafe conditions
• Guests are financially responsible for damage caused by misuse of the pool, equipment, or Property amenities
• Observe all posted signage, safety notices, and instructions
• No oils, soaps, bubble bath products, bath salts, food, alcohol, or other foreign substances may be introduced into the pool
• Guests are financially responsible for damage to the pool, equipment, or Property caused by misuse, negligence, or violation of pool rules
• If prohibited substances or materials are introduced into the pool resulting in additional cleaning, maintenance, repairs, or water treatment, Guest agrees to pay all associated costs and fees
• No smoking, vaping, candles, or open flames are permitted inside the house, pool house, or near pool mechanical equipment

Guest understands that failure to follow these rules may result in:

• Removal from the pool area,
• Immediate termination of the reservation,
• Additional cleaning or damage charges,
• Or removal from the Property without refund.

Guest acknowledges and accepts the inherent risks associated with use of the swimming pool and pool area, including the risk of injury, illness, drowning, death, personal injury, or property damage.

By using the pool facilities, Guest voluntarily assumes all such risks and agrees to comply with all posted rules, safety notices, and Property policies.

Guest accepts full responsibility for all members of their party and any invitees during the reservation period.

8. Fire Pit, Grill, and Outdoor Fire Feature Use

Guest understands and acknowledges that use of the fire pit, grill, and any outdoor fire-related amenities involves inherent risks, including but not limited to:

• Burns
• Smoke inhalation
• Flying embers
• Fire-related injuries
• Explosions or flare-ups
• Property damage
• Injury to children or guests
• Risks associated with outdoor recreational activities and open flames

Guest voluntarily assumes all risks associated with use of these amenities and agrees to exercise extreme caution at all times.

Guest agrees to the following rules:

• Children must be supervised at all times near fire-related amenities
• No accelerants, gasoline, fireworks, or explosive materials may be used
• Fires and grills must never be left unattended while in use
• Guests must comply with any local burn bans, weather advisories, or property instructions
• Only designated fire pit and grill areas may be used
• Guests must fully extinguish fires and properly turn off fuel sources after use
• No reckless, unsafe, or intoxicated use is permitted
• Guests are responsible for safe food handling and grill operation

Guest agrees to be financially responsible for any damage caused by misuse of fire-related amenities or violation of Property rules.

Guest releases and holds harmless The Onyx at Luray, 6097 S Page Valley LLC and their owners, managers, affiliates, employees, contractors, agents, and representatives from any claims, injuries, damages, losses, or liabilities arising from use of the fire pit, grill, or outdoor fire-related amenities.

9. Outdoor Activities and Natural Hazard Acknowledgment

Guest understands and acknowledges that the Property is located in a rural, wooded, and mountainous environment surrounded by national forest land and natural wildlife habitats. As such, guests may encounter wildlife, insects, uneven terrain, changing weather conditions, bodies of water, and other natural outdoor conditions. Guest further acknowledges that participation in outdoor, mountain, water, recreational, and related activities involves inherent risks that may result in injury, illness, property damage, or death.

Such risks may include, but are not limited to:

• Slippery or wet surfaces, including pool areas, decks, bathrooms, and walkways
• Use of the indoor heated saltwater pool and related pool amenities
• Drowning or other water-related hazards
• Steps, decks, walkways, and wet areas
• Wildlife, insects, bees, and other animals common to rural or wooded environments
• Exposure to natural elements, weather conditions, heat, humidity, cold, or sun
• Uneven terrain
• Fire pits, grills, outdoor furniture, and recreational equipment
• Risks associated with recreational and outdoor activities

Guest understands and agrees that alcohol and/or drug use may increase the risk of injury and accepts full responsibility for exercising good judgment and ensuring the safe use of all Property amenities. Guest voluntarily assumes all risks associated with use of the Property, surrounding land, amenities, recreational features, and outdoor activities.

Guest further accepts full responsibility for themselves, all members of their party, invited guests, and any minor children under their supervision during the reservation period.

10. Governing Law and Venue

This Agreement shall be governed by and enforced in accordance with the laws of the Commonwealth of Virginia, including applicable provisions of the Virginia Vacation Rental Act.

Any legal action or proceeding arising out of or relating to this Agreement or use of the Property shall be brought exclusively in the county or jurisdiction in which the Property is located.

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Electronic signatures, digital acknowledgments, and electronically accepted agreements shall be deemed legally binding and enforceable to the fullest extent permitted by law.

This Agreement represents the entire understanding between the parties and may only be modified in writing.

11. Authorized Guest Representation

The undersigned Guest represents and warrants that they are at least 21 years of age and are accepting this Agreement on behalf of themselves, all members of their party, all minor children under their supervision, and any permitted visitors or guests accessing the Property during the reservation period. The undersigned Guest accepts full responsibility for ensuring that all such individuals comply with this Agreement and all Property rules.

12. Entire Agreement

Guest acknowledges that they have carefully read this Agreement, fully understand its contents, and voluntarily agree to its terms.

Electronic Acceptance

The booking guest accepts this Agreement for themselves and their entire party by checking the waiver acceptance box before payment at checkout. The booking system records the guest’s name, phone number, reservation dates, number of guests, and the date and time of acceptance with the reservation, and that record serves as the Guest’s signature to this Agreement.