All Travelers must complete all information below before entering Property

Check In Date *
Check In Date
Check Out Date *
Check Out Date
Name on Reservation *
Name on Reservation
Traveler Name *
Traveler Name
Address *
Address
I Agree To The Following: *
Liability Waver
I acknowledge and understand that: *
LIABILITY WAIVER AND AGREEMENT This Liability Waiver and Agreement (“Agreement”) is entered into by the Traveler (who has typed his/her name and other identifying information on the website: https://www.marionmanordenver.com/liability-waiver/ (“Traveler”), and is provided for the use and benefit of the Yettick Parties (as defined below). This Agreement applies to Traveler’s occupancy and use of the real property located at 410 Marion St., Denver, CO 80218 (“Property”) on the dates that Traveler reserves through the above-referenced website. I. USE OF AMENITIES 1. During the Term, Traveler shall be provided with use and access to the following amenities: (a) pool; (b) hot tub/spa; (c) gym and fitness equipment; (d) outdoor grill; and (e) bicycles (collectively, referred to as the “Amenities,” or individually as an “Amenity”). The term “Amenities” or “Amenity” applies to all aspects, components, and parts of each Amenity, e.g., the term encompasses each individual piece of gym and fitness equipment (treadmill, elliptical, weights, etc.). 2. Traveler acknowledges and agrees that: (a) Traveler knows and understands his/her current medical condition, as that medical condition may exist and change from time to time; (b) Traveler’s use or attempted use of the Amenities is strictly voluntary; (c) the Yettick Parties (as defined below) have not made and will not make any representation, warranty, promise, guaranty, or statement regarding the condition, functionality, purpose, or proper use of any of the Amenities, or which of the Amenities may be appropriate for Traveler’s use or attempted use; (d) there will not be anyone on or about the Property to supervise the use of any of the Amenities, such as a gym/fitness instructor or a lifeguard; (e) the Yettick Parties have not provided and will not provide any training, instructions, manuals, handbooks, recommendations, advice, suggestions, limitations, or other information or documents in regards to: (i) the proper use of any of the Amenities; (ii) how to safely use any of the Amenities; (iii) whether it is appropriate or advisable for Traveler to use any of the Amenities. 3. Traveler agrees and warrants that Traveler will not use any of the Amenities that Traveler is not completely familiar with, and that by using any of the Amenities, Traveler represents and warrants that Traveler has obtained from other sources the proper knowledge, manner, or technique regarding the use of the Amenities. 4. Traveler understands and agrees that the Yettick Parties will rely solely on Traveler to make certain that Traveler has obtained any approval from Traveler’s own personal physician as to which of the Amenities are appropriate for Traveler’s use, given Traveler’s physical condition, age, medical conditions and limitations, pregnancy, and other relevant factors. Traveler shall only use or attempt to use each Amenity for the manner in which the Amenity was intended. Traveler shall not use or attempt to use any of the Amenities while intoxicated or under the influence of any drugs or medication, including but not limited to alcohol, prescription drugs, non-prescription drugs, or marijuana. Traveler acknowledges and agrees that there are dangers, risks, and limitations associated with the use or attempted use of any of the Amenities, which use or attempted use also pertains to the areas around the Amenities (e.g., the deck around the pool or the hot tub/spa, which may become wet and slippery as a result of the use of that Amenity), including but not limited to damage to property, personal injury, or death, and Traveler knowingly and voluntarily assumes those risks, whether or not such risks have been specifically delineated in this Agreement. 5. Traveler knowingly and voluntarily releases Garth Yettick and each of his respective agents, representatives, employees, managers, members, attorneys, contractors and insurers (collectively, “Yettick Parties”), from any and all liability, claims, demands, lawsuits, damages, costs, and/or expenses arising out of or relating to any property damage (real property and/or personal property), loss, personal injury, or death to Traveler which in any way arises from, relates to, or is a direct or indirect result of her use or attempted use of any of the Amenities, whether such loss, damage, or injury results from the negligence of the Yettick Parties and/or any other individual who is present at the Premises for any reason, or from any other cause. Traveler acknowledges and agrees that Traveler’s use of any of the Amenities is voluntarily and solely at Traveler’s own risk. This release of liability is effective as of the date set forth above, and is binding on Traveler as well as Traveler’s heirs and personal representative. II. COMPLIANCE WITH APPLICABLE LAWS AND HOUSE RULES 6. Traveler shall strictly comply with all rules and regulations, statutes, laws, ordinances, and requirements of all municipal, state and federal authorities in effect during the Term pertaining to the use of the Property (collectively, “Laws”). This includes, but is not limited to, Denver Municipal Code Chapter 36 – Noise Control, as may be amended from time to time. It shall be Traveler’s sole responsibility to timely remit payment for any fines, penalties, fees, or other charges assessed by any federal, state, local, municipal, or other governmental or quasi-governmental entity, including any homeowners association (collectively referred to as the “Charges”), for non-compliance with any Laws. Traveler shall indemnify, defend and hold the Yettick Parties harmless from any and all Charges, damages, losses, as well as all administrative proceedings, claims, demands, lawsuits, or any other actions that arise, and all amounts that are owed, as a result of Traveler’s failure or refusal to comply with any Laws, or the failure or refusal of anyone who is on or at the Property in regards to, or as a result of, Traveler’s use and/or occupancy of the Property, to comply with any Laws. 7. Traveler shall not permit the Premises or any part of the Premises to be used for offensive, noisy, or dangerous activity, repair of any vehicle, to conduct any business of any type, including child care, the conduct of any activity which violates Laws, any applicable zoning ordinances, deed of trust, homeowners or subdivision restrictions, or any purpose or any manner which will obstruct, interfere with, or infringe on the rights of other persons on, about, or near the Premises. Traveler shall: use the Property in a reasonably clean and safe manner; keep the Property reasonably clean, safe, and sanitary; comply with all building and housing codes materially affecting health and safety; dispose of waste in a clean, safe, sanitary, legally compliant manner; use facilities and appliances in a reasonable manner; conduct themselves so as not to interfere with any neighbor’s peaceful enjoyment of their premises; promptly notify Kayla Mathews in writing via email (kaylam79@comcast.net) and via telephone (303-676-7606) if any part or component of the Premises becomes uninhabitable or if there is a condition that could result in the Property becoming uninhabitable; refrain from intentionally or negligently defacing, destroying, damaging, impairing, or removing any part of the Premises. Smoking of any kind (e.g., cigarettes, cigars, pipes, vape pens, e-cigarettes, or marijuana) is not permitted anywhere in, on, or about or the Premises at any time. Traveler shall not host a party or other similar social gathering at the Premises. Traveler can have visitors at the Property so long as: (a) Traveler is personally present at all times that the visitors are at the Property; and (b) Traveler takes all steps needed to ensure that all visitors strictly comply with all Laws and house rules. This includes but is not limited to Traveler being responsible for supervising each visitor and each visitor’s conduct and activities while on or about the Property. Traveler agrees to indemnify, defend and hold the Yettick Parties harmless from any and all claims, demands, liabilities, losses, damages, lawsuits, attorney fees, costs and expenses that relate to any property damage (real property and/or personal property), loss, personal injury, or death, that in any way arises from or relates to any visitor being at or about the Premises, regardless of the nature, extent, or cause of such damage, loss, personal injury, or death, including but not limited to the use or attempted use of any of the Amenities. III. ADDITIONAL PROVISIONS 8. Any of the Yettick Parties are permitted to enter into, or be in, on, or about the Premises (including any room on the Premises) at reasonable times upon two hours’ advance verbal notice for the purpose of inspection, repairs or maintenance, or for any other reason. Notwithstanding the foregoing, no prior notice to Traveler shall be required: (a) in the event of an emergency (as decided by any of the Yettick Parties, in his/her/its sole and absolute discretion); or (b) or in the event that any of the Yettick Parties (in his/her/its sole and absolute discretion) suspect or believe (whether such suspicion or belief is reasonable or not) that there may be a violation of: (i) any of the Laws; (ii) any house rules; or (iii) if any of the Yettick Parties become aware, suspect, or believe (whether such suspicion or belief is reasonable or not) that a complaint has been made to the Denver Police Department, the City of Denver, or any other governmental or quasi-governmental entity, by a neighbor or any other third-party, regarding the conduct of Traveler or a visitor or anyone else in, on, or about the Premises (collectively, an “Issue”). In any of those instances, any of the Yettick Parties shall be permitted to immediately enter into, and be in, on, or about the Premises (including any room on the Premises) for purposes of resolving the Issue and/or taking any and all actions that are necessary, as decided by any of the Yettick Parties in his/her/its sole and absolute discretion, to immediately put an end to the Issue. Furthermore, Traveler expressly acknowledges and agrees that Traveler’s use of each of the Amenities is a privilege that is being provided to Traveler, and as such, Traveler must use the Amenities and conduct himself/herself in and around the Amenities safely and responsibility. Further, Traveler agrees that Traveler will ensure that any visitor or other third-party who is, on, or about the Premises is using the Amenities safely and responsibility. If anyone (Traveler, a visitor, or any other third-party who is in, on, or about the Premises) is not using any of the Amenities safely and responsibly, or if Traveler, a visitor, or any other third-party who is in, on, or about the Premises, does not conduct himself/herself safely and responsibly in and around the Amenities, the use of any such Amenity can be immediately and permanently revoked. The determination of whether Traveler or a third-party is using the Amenities safely and responsibly is determined by any of the Yettick Parties in his/her/its sole and absolute discretion. By way of example, and not of limitation, if Traveler or a third-party is using the pool late at night and is behaving loudly, playing loud music, or engaging in other conduct that is in violation of any of the Laws, house rules, and/or has resulted in a complaint being made to the City of Denver, the Yettick Parties may: (a) immediately enter into the Premises end that conduct; and (b) permanently revoke Traveler’s and everyone else’s (e.g., visitors) privilege of using the pool for the duration of the Term. Traveler expressly acknowledges and agrees that the terms set forth in this Section 8: (a) are reasonable, and that Traveler expects such terms to be enforced; (b) are not, and will not constitute, a breach of the covenant of quiet enjoyment; (c) are not a breach of this Agreement; (d) do not constitute a constructive eviction; (e) are not a disturbance of Traveler’s use of the Premises which renders the Premises unfit for occupancy for the purposes for which the Premises is being used, or which deprives the Traveler of the beneficial enjoyment of the Premises; and (f) will not reduce the amounts owed by Traveler to stay at the Premises or in any other way alter the Traveler’s duties and obligations. 9. If any individual who is at the Premises is a minor (under the age of 18 years old), by signing below, Traveler warrants and represents the following: (a) Traveler agrees to be responsible for supervision of the minor, and for the minor’s safety and well-being while the minor is in, on, or about the Premises, including the minor’s use or attempted use of any of the Amenities; (b) Traveler specifically assumes all of the dangers and risks, including but not limited to personal injury to the minor or death to the minor, which arise from or relate to the minor’s use or attempted use of any of the Amenities; (c) Traveler has read this entire Agreement, specifically including this paragraph; (d) Traveler has the legal authority to sign this Agreement as the parent or legal guardian of the minor; (e) Traveler intends that this Agreement be binding as to Traveler’s responsibilities as set forth in this paragraph; and (f) this Agreement shall be fully binding on the minor as if it were entered into solely on his/her own behalf. Traveler agrees to indemnify, defend and hold the Yettick Parties harmless from any and all claims, demands, liabilities, losses, damages, lawsuits, attorney fees, costs and expenses that relate to any loss, personal injury, or death of any such minor, which in any way arises from, relates to, any condition or activity on or about the Property, including but not limited to the use or attempted use of any of the Amenities. 10. The terms of this Agreement are in addition to any other terms, conditions, or agreements that Traveler has entered into with the homeowner through Airbnb, VRBO, or any other similar website with regards to the rental of the Premises. In the event that any term of this Agreement is in conflict with a term of any other agreement between the Traveler and the homeowner with regards to the rental of the Premises, the terms of this Agreement shall control. 11. This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the State of Colorado. Venue for any lawsuit filed arising from or relating to this Agreement shall be a state district court in Denver County, Colorado. In the event of a lawsuit which arises from or relates to this Agreement, Traveler agrees to pay the Yettick Parties’ reasonable attorney fees and costs. This Agreement may be signed by Traveler by fax or electronic signature, which signature shall be binding. This Agreement states the entire agreement and the full understanding with regards to the specific subject matter of this Agreement, and supersedes all prior discussions or negotiations, and there are no further understandings or agreements, oral or written, relating to the specific subject matter of this Agreement. The failure of any of the Yettick Parties to enforce the terms of this Agreement shall not be deemed as a waiver on the part of the Yettick Parties to enforce that or any other terms of this Agreement. If any provision of this Agreement shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired. No modification of this Agreement shall be effective unless in writing and signed by both the Traveler and an authorized agent or representative of the Yettick Parties. There are no representations or warranties made by the Yettick Parties with regards to the specific subject matter of this Agreement other than as contained in this Agreement. This Agreement is and shall be binding and inure to the benefit of the heirs and successors of the Yettick Parties and the Traveler. 12. Traveler acknowledges having carefully read this Agreement before signing and acknowledges that Traveler fully understands the purpose and effect of this Agreement. 13. This Agreement will survive the termination and/or cessation of Traveler’s use and/or occupancy at the Property. *