PROPERTY RULES

Release of Liability

By renting one of our houses or booking a soak with us, you agree to our Terms and Conditions and accept our Liability Release Waiver.

By renting one of our houses or booking a soak with us, you are agreeing to, recognizing and fully understanding certain things, including, but not limited to:

Because we are entirely off the water grid and all of our water comes from the hot springs, there may be the equivalent of “low-tide” for an hour or two when the pressure gets very low before it’s back to normal. This may effect bathroom, shower, kitchen and tubs.

- No parties. Any additional guests on property who are not included in your reservation must be approved by host.
- Sound travels far and wide in the desert, so we don’t permit outside music.
- Indoor music with doors and windows closed is permitted until 11pm.
- At no time is there a lifeguard on duty, you (the renter) are responsible for the safe operation of the hot tub, spa or pool and are responsible for all persons using the hot tub, spa or pool during your stay.
- We have a strict no smoking indoor on the property. Violation of this policy will result in a $500 penalty. Please do not smoke anything indoors.
- We have strict check-in and check-out times. Any exceptions require written permission. We have a 15 minute grace period at our 11am checkout. Beyond that we reserve the right to charge up to $100 per hour. We generally have other guests coming in, we have a cleaning crew scheduled and we do our best to be in service.

• We have a other houses, pools and tubs on the property and are not included in this rental. You have full and exclusive to the private hot springs tub that is adjacent to your house.
• The large pool and some of the other rock pools are rentable by the hour. Please inquire with your host.
• Your use of the hot tub, spa or pool facilities during your stay involves certain risks, including but not limited to:

  1. The risk of injury resulting from possible malfunction of the hot tub, spa or pool equipment;

  2. The risk of injuries resulting from tripping or falling over obstacles in the hot tub, spa or pool area;

  3. The risk of injuries resulting from unsupervised divers and swimmers colliding;

  4. The risk of other injuries resulting from participating in any action in the hot tub, spa or pool.

  5. You control the temperature of the hot tub/s and they should never be hotter than 40°C (104°F) (or 38.9°C (102.0 F) if you are pregnant). Sitting in hot water for a long time can cause severe heat-related illnesses, such as nausea, dizziness or fainting, and even death. Avoid staying in the hot tub for more than 10 minutes at one time.

By renting this house you recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that you are assuming. In exchange for the Owner allowing you to utilize the hot tub, spa or pool and area during your stay, you hereby agree to the conditions below.
I fully intend and choose to give up the legal rights, as stated below:

  1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Owner, its directors, officers, employees, agents, or representatives (hereinafter referred to as the “Releasees”) relating to my use of the pool and pool area;

  2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my next of kin may suffer in connection with my use of the Releasees pool or pool area to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;

  3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury to, any third party, resulting from the use of the pool or pool area;

  4. That I am over the age of 18 and that I am responsible and will adhere to all the rules of the property;

  5. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, and my heirs, next of kin, executors, administrators, and assigns, or anyone else authorized to act on my behalf or on behalf of my estate.

IN CONSIDERATION for being permitted to enter premises and property for vacation rental or any other purpose, the 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, deck and entire 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 appropriate persons. THE GUEST hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Douglas Evans personally and as company or 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 undersigned, 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 undersigned or guests, whether caused by negligence of the releasees or otherwise while in or upon the area. THE UNDERSIGNED hereby AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may occur due to their presence in or upon the area and whether caused by the negligence of the releasees or otherwise. WARNING: Hot tub and/or fireplace carries risk that may result in serious injury or death, and unsupervised use by children is prohibited. Elderly persons, pregnant ladies, infants and anyone subject to heart disease, diabetes, low or high blood pressure, strokes, epilepsy or similar afflictions should not enter a hot tub alone and without consulting their physician. Never use a hot tub while under the influence of drugs or alcohol. If you are taking medication of any kind, or being treated for any illness, consult your physician prior to use of hot springs tub. Supervise children at all times to decrease risk of injury or drowning.

THE GUEST hereby ASSUMES FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of the releasees or otherwise while in or upon area. THE GUEST hereby certifies that he/she and guests (they) have adequate insurance to cover any injury, illness or damage that may be caused or suffered while in or upon area, or else agrees to bear the costs of such damage or injury. The undersigned further that he/she/they have no medical conditions which would interfere with use of hot tub, swimming, etc. or else assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition and expressly acknowledges such physical activities are dangerous and involve the risk of serious injury and/or death and/or property damage. The guest further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by law and that if any provision is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Any dispute, controversy or claim arising out of or related to this Agreement or the interpretation of this Agreement shall be settled by arbitration in accordance to the rules of the American Arbitration Association, except to the extent modified below. The place of arbitration shall be San Bernardino County, CA.

Bugs and pests: Our property is located in the high desert and remote nature. Although we perform regular pest control on the houses we cannot guarantee it to be pest free of all bugs and animals and pests. We cannot compensate for the presence of pests, insects and animals. We also ask that all guests respect nature that you Do Not feed wildlife. Code of conduct rules must be followed by all guests: In appropriate conduct /behavior includes and not limited to violence, verbal or physical abuse, violating all part of this said agreement, act or acts that threaten the safety to others, loud music, repetitive noise that disturbs others, annoying to others or unauthorized services, programs or gatherings. Guests will be asked to leave and no refunds.