PROPERTY DAMAGE WAIVER

This Agreement between, you the (“Renter”), an individual, and Cypress Vacation Homes, LLC, a California Limited Liability Company, (“Landlord”) is entered into on the date of payment. By submitting payment and checking the box you accept the terms of this Agreement.

1. Waiver

In exchange for a non-refundable fee of $59  Landlord, to the extent permitted by law, will release Renter and their Associates who are paid guests from Claims of Property Damage to Eligible Property for damage less than or equal to $1200 in cumulative value. In the event Property Damage exceeds the cumulative value specified above then any Claims will only be made for the value in excess of that Property Damage.

2. Definitions

  • “Claims” means any administrative, legal, or equitable claims whether through courts of law or chancery or private adjudication.
  • “Eligible Property” means items supplied by Landlord such as furniture, eating utensils, cooking appliances, electronics, fixtures, equipment, furnishings, toys, games, playground equipment, textiles, bedding, cleaning appliances, or other tangible property included with the rented Premises.
  • “Premises” means any real property rented through Cypress Vacation Homes and subject to a Lease.
  • “Property Damage” means any reduction in value to tangible property such as scuffs, scratches, breaks, tears, water damage, excess dirt, or similar. If an item is lost, missing, or made wholly worthless then so long as it is below the value stated above, the waiver will still apply to cover replacement.

3. Payment

Renter must pay the Landlord within twenty-four (24) hours of signing this waiver. Renter may pay Landlord by cash or any electronic transfer such as Venmo.

4. Excluded Property Damage

The waiver does not apply to any Property Damage from malicious, intentional, reckless, or grossly negligent conduct. The waiver does not apply to instances where the Property Damage occurs from violating a house rule. Property Damage waiver does not apply to unpaid guests at hours between 10 PM and 7 AM. Any Property Damage to pools or hot tubs from excessive sand, dirt, or debris is excluded. Any Property Damage to property in locked storage areas are excluded. No damages to health or personal injury are waived. No personal or real property of the Renter or nonparty are included. Smoking on the premises voids all waivers.

5. Notice of Damage

In the event Property Damage occurs, the Renter agrees to notify Landlord within twenty-four (24) hours of discovery. Renter may notify Landlord using any prior means of communication.

6. Term

This waiver only applies to Property Damage from the period in which the Renter has leased the Premises. The cumulative value of Property Damage will be assessed within ten (10) days after the end of the Lease and the Renter has vacated the Premises.

7. General

This Agreement is the whole agreement and supersedes all prior written or oral agreements or representations. Nothing in this Agreement supersedes the Lease for the Premises. This Agreement may only be modified by the written consent of all Parties. This Agreement may not be assigned or delegated. If any provision is found to be unenforceable then the remainder of the Agreement will remain in effect. If a party does not enforce their rights under this Agreement, then that should not be interpreted as a waiver. This waiver will be governed by the laws of California and adjudicated in California courts.

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