Bloomvy

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Guest Waiver and Release

In order to visit and use a garden or outdoor space ("Venue") listed on Bloomvy, the Host requires you to accept this Guest Waiver and Release. This agreement becomes effective between you and the Host as of the date you first book or access the Space, whichever comes first. Capitalized terms not defined here have the meanings assigned to them in Bloomvy's Terms of Service.

Age and Responsibility

You represent that you are 18 years of age or older. If you bring a minor as a guest, you acknowledge and agree that you are solely responsible for supervising that minor throughout the visit and that you are agreeing to this Waiver on the minor’s behalf. If you are booking a Venue on behalf of others, you represent and warrant that each person for whom you book has read and agreed to this Waiver as if the term “you” applied to them individually.

Assumption of Risk

You understand and acknowledge that visiting a private outdoor Venue may carry risks, including but not limited to physical injury, illness, allergic reactions, property damage, disability, permanent paralysis, weather-related hazards, uneven terrain, or other environmental conditions that could result in harm or discomfort.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU FREELY AND VOLUNTARILY ASSUME ALL RISKS, whether known or unknown, including those that may arise from the actions or negligence of the Host, other guests, or conditions of the Venue, and you assume full responsibility for use of the Venue.

Release of Liability

By using a Venue, you acknowledge and agree that:

  • You have assessed the risks and chosen to participate voluntarily.
  • You are solely responsible for evaluating whether you and your guests are physically able and appropriately prepared to use the Venue.
  • You will follow any instructions, rules, or safety guidelines provided by the Host.
  • You will cease use of the Venue if you observe any unsafe condition.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND AGREE NOT TO HOLD THE HOST LIABLE FOR ANY CLAIMS, DAMAGES, EXPENSES, LOSSES, COSTS OR LIABILITY OF ANY NATURE arising out of or in connection with your use of the Venue, including but not limited to those based on negligence, breach of contract, or unsafe conditions.

If you are a California resident, you expressly waive Section 1542 of the California Civil Code, which states: "A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known must have materially affected the settlement with the debtor."

Disclaimer of Warranties

The Host offers the Venue “as is” without any guarantees or warranties, express or implied. This includes, without limitation, any warranties regarding safety, fitness for a particular purpose, or the accuracy of directions or descriptions.

Indemnification

If you or anyone on your behalf brings a claim against the Host despite this Waiver, you agree to indemnify and hold the Host harmless from any liabilities, losses, damages, or costs arising from such claim.

Final Acknowledgment

By booking or entering a Venue through Bloomvy, you confirm that you have read this Waiver and Release, fully understand its terms, and agree to them voluntarily and knowingly. You acknowledge that this waiver limits your legal rights, and you accept those terms as a condition of participation.