3909 N Clearfield Ave

Lease terms

Pool Use Permission Required; Assumption of Risk; Release; Indemnification (Florida) 1. Pool Area Defined For purposes of this Lease, the "Pool Area" includes the swimming pool and all related areas and improvements, including without limitation the pool deck, lanai/patio, outdoor seating, pool equipment area, gates, fences, lighting, drains, ladders/steps, and any adjacent walkways. 2. No Pool Access Without Permission; 3-Hour Notice Requirement Tenant acknowledges and agrees that the swimming pool and Pool Area are not included as part of the Premises and are provided, if at all, only as a revocable privilege subject to this Lease. Tenant may use the Pool Area only if: Tenant provides Owner with at least twelve (3) hours' advance notice requesting pool access (notice may be provided by SMS/text message), and Owner provides written permission to Tenant (permission may be granted by SMS/text message), and Tenant complies with all safety rules and restrictions in this Lease and any posted rules. Owner may grant or deny pool access in Owner's sole discretion, may limit the duration of use, and may revoke permission at any time. No standing, implied, or automatic permission exists. A prior approval does not constitute future approval. 3. Tenant Responsible for All Supervision and Safety Tenant is solely responsible for the safety and conduct of: Tenant, all guests, invitees, and occupants, and any minors or non-swimmers present. Tenant shall ensure that all minors are continuously and directly supervised by a competent adult. Tenant agrees that no lifeguard is provided. 4. Assumption of Risk Tenant understands that use of a swimming pool and Pool Area involves inherent and significant risks, including serious bodily injury, drowning, paralysis, death, and property damage. Tenant voluntarily assumes all risks, known and unknown, of using or being in or around the Pool Area, including risks arising from: water depth, slippery surfaces, drains/suction, and pool chemicals, horseplay, diving, jumping, running, or intoxication, failure to supervise minors or guests, weather, insects/animals, electrical hazards, and the acts or omissions of Tenant or Tenant's guests. 5. Release and Waiver of Claims (To the Maximum Extent Permitted Under Florida Law) To the maximum extent permitted by Florida law, Tenant, on behalf of Tenant and Tenant's guests/invitees/occupants and anyone claiming by or through Tenant, hereby releases, waives, and forever discharges Owner, property manager (if any), and their respective agents, employees, contractors, and representatives (collectively, "Released Parties") from any and all claims, causes of action, damages, losses, liabilities, or expenses, whether known or unknown, arising out of or related to: use of the pool or Pool Area, presence in or around the Pool Area, any injury, death, drowning/near-drowning, or property loss, including if caused in whole or in part by the negligence of any Released Party, except to the extent such waiver is prohibited by Florida law. Tenant agrees that this waiver is intended to be as broad and inclusive as permitted under Florida law. 6. Indemnification Tenant shall defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, lawsuits, damages, losses, fines, penalties, costs, and expenses (including attorneys' fees and court costs at all levels, including appeals) arising from or related to: Tenant's use of the Pool Area, the use of the Pool Area by Tenant's guests/invitees/occupants, any injury or death occurring in or around the Pool Area, any violation of this Lease or posted pool rules by Tenant or Tenant's guests, regardless of whether such claim alleges negligence by any Released Party, except to the extent such indemnity is prohibited by Florida law. 7. Tenant Duty to Control Guests; No Parties Without Approval Tenant shall not permit pool use by any person other than Tenant and Tenant's approved guests. Tenant shall ensure guests comply with all rules. Tenant is liable for all acts and omissions of guests/invitees/occupants. Parties, events, or gatherings involving the Pool Area are prohibited without Owner's prior written approval. 8. No Reliance on Owner; No Duty to Supervise Tenant acknowledges Owner has no duty to supervise Tenant's use of the Pool Area. Any Owner communications granting pool access (including by text) are strictly permission only and do not create any duty to monitor, inspect, repair, supervise, or provide safety services. 9. Default / Termination of Pool Privilege Any violation of this Pool Use section is a material breach of the Lease. Owner may immediately revoke pool privileges and may pursue all remedies under the Lease and Florida law, including termination of tenancy where permitted. 10. Survival Tenant's assumption of risk, release/waiver, and indemnification obligations shall survive termination or expiration of the Lease