LIABILITY WAIVER 
RELEASE OF LIABILITY & ASSUMPTION OF RISK 
Please Read Carefully.  By Agreeing, You are Giving Up Legal Rights.

Properties offered by Bingalow are not your ordinary rentals.  Bingalow provides many amenities that you will not find at your ordinary hotel or rental (including but not limited to a steam shower, firepit, fountain, hot tub, bath tub, cold plunge, sauna, elevated cabana and a fully-functioning kitchen) making your Bingalow experience more enjoyable etc.  Unfortunately, such amenities can create a risk of injury (even death) even when used properly.  

Accordingly, all rentals of a Bingalow property are subject to the following “Release of Liability and Assumption of Risk” agreement (the “Agreement”).  This Agreement is entered into by an adult guest, and if any minor accompanies the adult guest during his/her stay at a Bingalow property, the adult guest on behalf of and as parent or legal guardian for the child guest.  For purposes of this Agreement, the adult guest and any child guest(s) are collectively and severally referred to as the “Guest.”  By booking and/or staying at a Bingalow property (or using any other services provided by Bingalow), Guest acknowledges and agrees that:

1. ASSUMPTION OF RISK. Guest’s use and/or enjoyment of amenities provided at a Bingalow property (including, but not limited to a steam shower, firepit, fountain, hot tub, indoor/outdoor baths, cold plunge, sauna, elevated cabana and/or a fully-functioning kitchen) involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage.  These may result from my Guest’s actions or inactions, as well as the actions or inactions of others, and the condition of the facilities and equipment.  Further, there may be other risks not known to Guest and not reasonably foreseeable at this time.  Guest has considered the nature and extent of the risk involved and Guest voluntarily chooses to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others.  

2. RELEASE. Guest, for Guest and on behalf of Guest’s heirs, estate, insurers, successors and assigns, hereby releases and agrees to indemnify and hold harmless property owner Jamie Hannah, as well as Bingalow, LLC, and its officers, directors, shareholders, employees, agents and representatives, and the successors, assigns, and insurers of such entities, (collectively, the "Released Parties"), with respect to any and all claims or causes of action Guest may have arising from Guest’s stay at the Bingalow property and/or the use or enjoyment of any amenities and/or services provided by Bingalow, including any claims for damages for personal or bodily injury, disability, death, loss or damage to person or property, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.

3. MINOR RELEASE.  I am the parent or legal guardian of any/all child guests accompanying me during my stay (in whole or in part) at a Bingalow property, and I hereby irrevocably and unconditionally agree, on behalf of myself and that of said minor(s), to all of the terms of the Release of Liability and Assumption of Risk agreement.  I also, for myself and on behalf of the said minor(s), my heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless the Released Parties (defined above), with respect to any and all claims or causes of action for damages for personal or bodily injury, disability, death, loss or damage to person or property, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.

4. ALCOHOL AND OTHER SUBSTANCES.  Guest assumes all risks associated with consumption of alcohol and other substances  and takes full responsibility for Guest’s own actions, safety, and welfare.

5. HEALTH CONDITIONS. Guest assumes all risks associated with health conditions, known and or unknown, and takes full responsibility for Guest’s own actions, safety, and welfare.  Without limiting the generality of the foregoing, Guest some of the amenities offered may require the Guest to be in a healthy physical condition.  By using and/or enjoying the amenities, Guest acknowledges that he/she is in good physical health, and is not suffering from any condition, disease or disablement that would or could potentially affect Guest’s use and/or enjoyment of the amenities.  

6. AUTHORITY AND ACKNOWLEDGEMENTS.  By entering into this Agreement, Guest (on Guest’s behalf and on behalf of any minor accompanying Guest) hereby represents, warrants and agrees that (a) Guest has the full right and authority to enter into this Agreement and that this Agreement constitutes a valid, binding and enforceable agreement, and (b) in executing this Agreement, Guest has read and understands this Agreement, is fully aware of its legal effect and has entered into it freely based on such Guest’s own judgment.

7. USE OF AMENITIES.  Guest agrees as follows:

1. Guest shall follow all instructions for the use of any amenity provided in or in connection with a Bingalow property;
2. If instructions are not provided, Guest shall request instructions for the use of any such amenity via Bingalow’s WhatsApp thread or hello@bingalow.com;
3. Guest is not aware of any health problems or conditions which would prevent Guest from safely using any such amenity.

8. CHOICE OF LAW.  This Agreement is governed by the laws of the State of Texas, irrespective of any conflict of law rules, and Guest agrees to the exclusive jurisdiction and venue of the federal and state courts for Austin, Texas for any legal proceeding arising from Guest’s stay at the Bingalow property and/or the use or enjoyment of any amenities and/or services provided by Bingalow, and/or with respect to this Agreement.  

RENTAL AGREEMENT- HIGHLIGHTS
Without limiting the terms of the Rental Agreement set out below, highlights of Bingalow’s Rental Agreement include:

• All guests are expected to purchase rental insurance for stays at Bingalow and will otherwise be held personally responsible for losses and damages incurred.
• Full refund for cancellations up to 30 days before check-in. If booked fewer than 30 days before check-in, full refund for cancellations made within 48 hours of booking and at least 14 days before check-in. After that, 50% refund up to 7 days before check-in. No refund after that.
  
• Pets are not permitted on the property, and are subject to a $500 fine.
• Late check-out and/or early check-in may be requested at least 48 hours in advance to be considered.  A timely request, however, is no guarantee that a late check-out or an early check-in will be provided.
• Absolutely no events or gatherings exceeding 6 people are permitted on Bingalow’s properties without prior written consent from Bingalow.  Such requests must be made at least 48 hours in advance to be considered.
• Tenant must contact Bingalow within 5 hours of check-in to report any issues that would render the property unsuitable in any way.
• Quiet hours are from 10pm to 7am. Fines for non-compliance up to $1,000.
• Penalties, fines, and/or additional expenses may be assessed for:
• Pets
• Any missing or damaged property of Bingalow.
• Unapproved late check out
• Unapproved events or gatherings
• Exceeding the maximum approved guest count
• Excessive mess/garbage
• Failure to cover hot tub and cold plunge when not in use
• Any fines imposed by the city as a result of Tenant’s actions

All guests are required to review and follow the Rental Rules set forth in Exhibit A, as well as review and follow the safety instructions set forth in Exhibit B.

RENTAL AGREEMENT

This Rental Agreement ( “Agreement”), dated as of date set forth on the invoiceReceipt (the “Effective Date”), is entered into by and between Bingalow, LLC, a Texas limited liability company (“Bingalow”), whose address is 44 Lynn St., Austin, Texas 78702, as the authorized representative/agent of the owner (the “Owner”) of the property described on the Receipt (the “Property”) and the tenant whose name, address, phone number and email are set forth on the Receipt (“Tenant” or “Guest”). This Agreement constitutes a binding legal contract between Bingalow and Tenant. Tenant expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property, and that Tenant has no right, claim or intent to use the Property as a permanent residence or household. For purposes of this Agreement, the term “Invoice” means that certain electronic receipt generated upon completion of the booking by execution of this document through Bingalow and/or third-party booking partners.

1. TERM: Tenant’s rental of and access to the Property shall begin of at 3:00 p.m. on the date identified as the “Check-in Date” on the Receipt and ends at 11:00 a.m. on the date identified as the “Check-out Date” on the Receipt (the “Check-out Date”).. An earlier check-in time on the Check-in Date or later check-out time on the Check-Out Date may be available, subject to availability and will be at the sole discretion of Bingalow. Tenant must contact Bingalow at least 48 hours in advance of the Check-in Date or Check-out Date, respectively, to determine availability for an earlier check-in time or later check-out time. Tenant’s failure to timely vacate the Property shall result in a penalty equal to the rental fee for one night at the Property.

2. RENT AND OTHER CHARGES: As consideration for the right to rent and use the Property, Tenant agrees to pay Bingalow the accommodation charges in the amount specified on the Receipt (the “Rental Fee”) along with any applicable cleaning fees, deposits, and taxes specified all as summarized on the Receipt (collectively the “Total Payment Amount”). The first night’s nightly rate portion of the Total Payment Amount shall be due and payable on the date the reservation is booked. Unless another method of payment is agreed to by Bingalow, the Total Payment Amount shall be paid by credit card or debit card.

3. CREDIT CARD AUTHORIZATION FOR DAMAGE; PROPERTY DAMAGE INSURANCE; SECURITY DEPOSIT; EXCESS DAMAGE: Credit Card Authorization:  Tenant agrees to provide Bingalow with a valid credit card (the “Tenant Credit Card”) to be kept on file to secure (i) incidental charges authorized by Tenant before or during Tenant’s use of the Property, (ii) payment for any damages caused by Tenant or Tenant’s guests or invitees, and (iii) any costs, fees, penalties, charges, or expenses that may be incurred by Bingalow or Owner because of Tenant’s actions in violation of this Agreement, and Tenant authorizes Bingalow to charge the Tenant Credit Card for such amounts. If Bingalow determines that the Tenant Credit Card has become invalid or does not have reasonably sufficient availability in its credit limit prior to the Check-in Date, Tenant shall provide Bingalow with a new valid credit card with sufficient credit limit availability prior to occupancy of the Property, and the failure to do so by Tenant may result in the termination of this Agreement by Bingalow in its sole and absolute discretion upon notice to Tenant. 

4. PROPERTY DAMAGE INSURANCE:  Additionally, Tenant agrees to purchase their ownproperty damage protection insurance policy (obtained through a carrier of their choosing) with a minimum liability limit of $3,000, to cover any damages to the Property caused by Tenant or Tenant’s guests or invitees.  Tenant agrees to disclose any damage to the Property caused by the Tenant or Tenant’s guests or invitees so that such damage can be claimed against the Policy. If Tenant chooses not to purchase damage protection insurance policy(or if the damages exceed any insurance coverage provided and paid through the Policy), the Tenant agrees that any damage to the Property caused by the Tenant or Tenant’s guests or invitees will be charged to the Tenant Credit Card. If tenant discloses any accidental damage within 24 hours of check out, the damage will be filed via insurance. If tenant fails to disclose damage, the damage may be charged to the credit card on file.
 
5. SECURITY DEPOSIT.  At Bingalow’s discretion, Bingalow may require Tenant to provide a security deposit as specified on the Receipt to serve as additional security for any damage to the Property by Tenant or Tenant’s guest or invitees, or any costs, charges or expenses that may be incurred by Bingalow or Owner because of Tenant’s actions in violation of this Agreement (the “Security Deposit”). If required, the Security Deposit will be charged to the Tenant Credit Card at the time of booking the reservation and will be held in a non-interest bearing account. The Security Deposit is fully refundable within thirty (30) days of departure, provided the following provisions are met: (a) no damage is done to the Property or its contents or furnishings, beyond normal wear and tear; (b) no costs, charges or expenses are incurred by Bingalow or Owner due to contraband, pets, smoking, or Tenant’s violation of the terms of this Agreement or any Rental Rules; (c) no excessive cleaning is required at the Property; (d) no excessive utility charges are incurred; (e) no linens/towels are lost, stolen, or damaged; and (f) the home is left locked ; and (g) the Tenant (or any of guests of the Tenant) is not evicted by Bingalow in accordance with this Agreement or by local law enforcement. To the extent the Policy covers any such amounts, the Tenant’s Security Deposit will not  be used.  The balance of the Security Deposit (if any) will be refunded within thirty (30) days of the date Bingalow receives payment from the insurance company. 

6. EXCESS DAMAGEe.  Notwithstanding anything herein to the contrary, Tenant is responsible and liable for the amount of all damages exceeding the amounts covered by Policy and/or the Security Deposit (the “Excess Damage Amount”). Tenant shall pay to Bingalow the Excess Damage Amount within ten (10) days of receiving written notice of such amount from Bingalow. If Tenant does make timely payment of the Excess Damage Amount, Tenant authorizes Bingalow to charge the Tenant Credit Card for the full amount of the Excess Damage Amount. 

7. CANCELLATIONS: Except as set forth herein, Tenant may terminate this Agreement and cancel the applicable reservation at any time prior to the Check-in Date via Bingalow’s website or any third-party booking systems used to secure a reservation.. In the event of such termination, Tenant shall be entitled to receive a refund as follows:

• Full refund for cancellations up to 30 days before check-in. If booked fewer than 30 days before check-in, full refund for cancellations made within 48 hours of booking and at least 14 days before check-in. After that, 50% refund up to 7 days before check-in. No refund after that.

Any no show or early departure from the Property does not warrant any refund by Bingalow other than as provided in this Agreement. Any refunds to Tenant as provided above will be processed as a credit to the Tenant Credit Card. If Tenant did not use a credit card at the time of making the reservation or did not provide Bingalow with a credit card, Bingalow will mail Tenant a check for the refund amount within ten (10) days of Tenant’s cancellation of this Agreement. Notwithstanding anything herein to the contrary, any bookings during any portion of the SXSW festival are subject to a strict zero-cancellation policy. Absolutely no refunds will be given for cancellation of bookings during this time as well as any time determined to be a major event, including but not limited to, Graduation Weekend, ACL Festival, Moto GP, and Holiday bookings. From time to time, due to circumstances out of Bingalow’s control, properties may become suddenly unavailable. When this occurs, Bingalow agrees to refund the Tenant in full. Bingalow is not responsible for finding Tenant alternative accommodations.

8. CLEANING: A cleaning fee in the amount set forth on the Receipt is included in the Total Payment Amount (the “Cleaning Fee”). This constitutes standard cleaning service after the Tenant’s departure and does not include those cleaning services included in a “deep clean” as may be required as a result of Tenant’s activities during Tenant’s stay. Unless prior arrangements have been made with Bingalow, no cleaning service is provided during the Tenants stay. Actual cleaning charges incurred by Bingalow in excess of the Cleaning Fee because of excessive dirt and/or garbage will be charged to the Tenant Credit Card or deducted from the Security Deposit, if applicable. The Rental Fee includes a one-time linen-towel preparation, bed sheets setup, toilet paper, and paper towels. 

9. ADDITIONAL CHARGES: All utilities are included in the Rental Fees. However, Tenant will be charged additional fees for the following (which may be charged to the Tenant Credit Card or deducted from the Security Deposit, if applicable): (a) fines or summons imposed by the city, county or state where the Property is located as a result of Tenant’s actions, (b) fines imposed by any homeowner’s association as a result of Tenant’s actions, (c) damages to the Property or its furnishings, (d) dirt or debris requiring cleaning in excess of a standard cleaning service, including in the hot tub, cold plunge and other spa amenities (e) un-bagged excess garbage which will not fit in the Property’s trash cans, excess garbage filling more than one large trash can (f) violation of the agreed upon maximum occupancy limitations, (g) $500 per pet for any unapproved pet presence, or (h) any other costs associated with damage or violation of this Agreement by Tenant during Tenant’s stay which are incurred by Bingalow or Owner. Included in the fines will be any time spent by Bingalow remedying the issue, billed at a rate of $85/hr.

10. USE OF PROPERTY. Use of the Property is strictly limited to private residential activities only. No part of the Property may be used for any kind of trade or business purpose by either the Tenant, family members, or guests. Tenant shall maintain the Property in good, clean, sanitary, and tenantable condition throughout the rental period;  use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner with proper care and diligence; and collect all garbage in a clean and sanitary manner. Improper use of such systems or appliances (and/or damage to the same) will be charged to Tenant. Tenant shall not use the Property for any kind of illegal activity, including drug dealing activity, drug use and consumption, money laundering operations, organized crime or any other illegal activity whatsoever. Tenant shall not store/keep/handle on the Property any dangerous, combustible or explosive items, or materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire, or materials that are considered dangerous or highly dangerous by insurance agencies. Tenant is obligated to keep the Property secure. All damages resulting from carelessness or misuse will be charged to the Tenant Credit Card or may be deducted from the Security Deposit, if applicable. Tenant shall maintain the Property in a manner so as to NOT disturb surrounding residents or the peaceful and quiet enjoyment of the premises or surrounding premises. Any damage to the Property resulting from the negligent use of the property, improvements thereon, appliances, and/or fixtures shall be charged to the Tenant Credit Card or may be deducted from any applicable Security Deposit. Without the prior written consent of Bingalow, Tenant shall not host, sponsor, promote, or otherwise conduct any event or gathering at the Property (whether with or without charge) in which the general public is invited, or host private parties or gatherings which exceed the maximum occupancy specified below. Any unauthorized commercial or event use of the property will result in a charge to Tenant of up to $5,000 plus the cost of any damage to the Property.

11. MAXIMUM OCCUPANCY: The maximum number of overnight guests for the Property is limited to two adults and one child.The number of children must be listed, however need not be specifically named if under the age of 17 years old. While Tenant may host 4 additional non-overnight guests at the Property between the hours of 8:00 am and 10:00 pm (“Daytime Guests”) as specified on the property’s listing displayed on the booking channels (“Listing”), the maximum occupancy for the Property shall not exceed at any time the sum of the Overnight Guests and the Daytime Guests. In addition to any other remedies Bingalow may have, the violation of this section shall subject Tenant to additional charges of up to $250 per additional guest per night in excess of the maximum number of permitted guests which will be charged to the Tenant Credit Card or deducted from any applicable Security Deposit

12. VEHICLES. At no time shall the number of vehicles parked by Tenant or Tenant’s guests in the driveway of the Property exceed the number of vehicles specified on the Listing. At no time shall any vehicle owned or operated by Tenant or Tenant’s guest be driven or parked in the yard of the Property. Failure to adhere to this vehicle policy will result in a $500 charge to the Tenant Credit Card or a $500 deduction from any applicable Security Deposit.

13. SMOKING: There shall be no smoking (including electronic cigarettes) on the premises.  Violation of this smoking policy will result in a $500 charge to the Tenant Credit Card or a $500 deduction from any applicable Security Deposit plus the cost of an ozone treatment at the Property.

14. PETS: Pets are not permitted on the Property. Presence of pets will result in a $500 fine per pet, and Tenant is responsible for all damage caused to the Property by the pets, including to furniture, decor, fixtures, and landscaping.

15. RENTAL RULES: Tenant further agrees to use the Property in accordance with (and abide by) the Rental Rules attached as Exhibit A to this Agreement as well as any specific house rules (as listed in the manual found on the Property) and shall cause all guests and anyone else Tenant permits on the Property to abide by the terms of this Agreement and the Rental Rules (specific house rules listed in the manual on-site) at all times while at the Property. Failure to abide by the Rental Rules shall be an express breach of this Agreement and will carry proportional charges.

16. REPRESENTATIONS: Tenant represents that all information provided by Tenant to Bingalow is true and correct, and Tenant acknowledges that Bingalow is relying on the accuracy of such information in agreeing to enter into this Agreement with Tenant. Any inaccuracy in the information provided by Bingalow will be grounds for Bingalow to terminate this Agreement, retain the full amount of Total Payment Amount, and deny Tenant occupancy of the Property. This Agreement will constitute the legal, valid and binding obligation of Tenant, enforceable against Tenant in accordance with its terms. 

DISCLAIMER OF WARRANTIES.  EXCEPT FOR ANY EXPRESS WARRANTIES IN THIS AGREEMENT, BINGALOW HEREBY DISCLAIMS (TO THE FULLEST EXTENT ALLOWABLE BY LAW) ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THIS AGREEMENT.
PROPERTY CONDITION ON CHECK-IN: TENANT SHALL CONTACT BINGALOW WITHIN FIVE (5) HOURS OF CHECKING INTO THE PROPERTY TO REPORT ANY ISSUES THAT WOULD RENDER THE PROPERTY UNACCEPTABLE FOR TENANT’S OCCUPANCY. FAILURE TO MAKE SUCH NOTIFICATION WITHIN SUCH TIME PERIOD IS TENANT’S EXPRESS ACKNOWLEDGMENT THAT THE PROPERTY IS ACCEPTED “AS IS, WHERE IS” FOR THE ENTIRE TERM OF THE AGREEMENT.

17. COMPLIANCE WITH LAWS. Tenant shall at all times comply with all federal, state and local laws, ordinances, regulations, and orders that are applicable to Tenant’s use and occupancy of the Property and Tenant’s performance of its obligations hereunder.

18. REPAIRS AND MAINTENANCE: Tenant shall notify Bingalow immediately if any item at the Property is (or becomes) in need of repair or maintenance, and Bingalow will expedite such repairs or maintenance as quickly as reasonably possible. In the event a major repair to the Property must be made which will necessitate the Tenant’s vacating the premises, Bingalow may at its option terminate this Agreement, refund a pro-rated amount of the Total Payment Amount and Tenant agrees to vacate the premises holding Bingalow and Owner harmless for any damages suffered, if any. From time to time, it may be necessary to close swimming pools and other amenities for maintenance purposes or weather. No Rental Fee adjustment can be made for circumstances beyond Bingalow’s control (including, but not limited to, malfunction or loss of use of equipment or amenities).

19. RIGHT OF ENTRY; SURVEILLANCE: Bingalow has the right to enter and inspect the Property at any reasonable time. In an emergency situation or to protect or preserve the Property, Bingalow has the right to enter and inspect the Property at any time without any prior notice. The Tenant agrees not to deny such access. If Tenant refuses to allow access to Bingalow (or any agent designated by Bingalow), Tenant shall be in breach of this Agreement. Tenant shall not alter or add locks at the Property. Any authorized employee or repairman may enter the Property during customary business hours for any purpose related to the repair, care, improvement, and management of the premises. TENANT ACKNOWLEDGES THAT THE PROPERTY’S EXTERIOR MAY BE UNDER VIDEO CAMERA AND AUDIO SURVEILLANCE FOR SECURITY PURPOSES.

20. NO ASSIGNMENT OR SUBLETTING: Tenant shall not assign this Agreement or sublet the Property without the prior written consent of Bingalow in its sole discretion.

21. TENANT’S PERSONAL PROPERTY: On the Check-Out Date, the Tenant shall remove all of Tenant’s personal property. Bingalow is not responsible at any time for any items left at the Property. If any of Tenant’s personal property is found by Bingalow and/or its cleaning staff, Bingalow will make reasonable efforts to contact the Tenant. Such personal property will be available for pickup or returned to Tenant at cost plus a handling fee, not to exceed $50.00. If a Tenant’s personal property is not claimed by Tenant within thirty (30) days after the Check-Out Date, such property shall become the property of Bingalow. Tenant is aware and understands that neither Bingalow nor Owner is responsible or liable for any of Tenant’s personal property present on the Property. All Tenant’s personal property shall be at the risk of the Tenant. Bingalow and Owner shall not be liable for any damage to said personal property of the Tenant arising from criminal acts, fire, storm, flood, rain or wind damage, acts of negligence or any person whosoever, or from the bursting or leaking of water pipes unless such damage is caused by the gross negligence or willful or reckless misconduct of Bingalow.

22. DEFAULT: In the event of Tenant’s nonpayment of any required rental payment as provided for in this Agreement or in the event of Tenant’s breach of any of the representations, warranties, terms, conditions, promises or covenants as set forth in the Agreement, Bingalow may take any or all of the following actions: (1) terminate this Agreement, (2) collect any damages, costs or fees due under this Agreement by charging the Tenant Credit Card, (3) retain any applicable Security Deposit, (4) retain all previous payments to Bingalow without refund, (5) terminate Tenant’s right of possession of the Property, and (5) exercise any other rights and remedies available at law or in equity.

23. INDEMNIFICATION: Tenant shall indemnify, hold harmless, and defend Bingalow and the Owner and each of their officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, diminutions in value, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorney’s’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of any claim alleging: (a) breach or non-fulfillment of any representation, warranty, or covenant under this Agreement by Tenant or any of Tenant’s guests at the Property; (b) any negligent or more culpable act or omission of Tenant or Tenant’s guests at the Property (including any reckless or willful misconduct); (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Tenant or Tenant’s guests at the Property (including any reckless or willful misconduct); or (d) any failure by Tenant or Tenant’s guests at the Property to comply with any applicable federal, state, or local laws, regulations, or codes Notwithstanding anything to the contrary in this Agreement, Tenant is not obligated to indemnify, hold harmless, or defend Indemnified Party against any claim (whether direct or indirect) if such claim or corresponding Losses arise out of or result from, in whole or in part, Indemnified Party’s  gross negligence or more culpable act or omission (including recklessness or willful misconduct).

24. LIMITATION OF LIABILITY.IN NO EVENT (AND TO THE FULLEST EXTENT ALLOWABLE BY LAW)  SHALL BINGALOW OR OWNER BE LIABLE UNDER THIS AGREEMENT TO TENANT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
EXCEPT FOR BINGALOW’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR INTENTIONAL ACTS, IN NO EVENT SHALL BINGALOW OR OWNER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO BINGALOW PURSUANT TO THIS AGREEMENT.

25. UNFORSEEN CONDITIONS: If any unforeseen conditions or problems with the Property arise prior to or during Tenant’s stay, or in the event of a Force Majeure Occurrence (defined below), which makes the Property untenantable, Bingalow reserves the right to terminate this Agreement and refund the Tenant’s Payment Amount. Bingalow assumes no responsibility and shall have no liability for such unforeseen conditions.

26. SAFETY: Tenant acknowledges and agrees that Tenant and Tenant’s guests are solely responsible for their own safety in the occupancy of the Property including their use of any amenities located on or about the Property, including any pool, hot tub, sauna, deck areas, steam showers and any other recreational amenities. Tenant acknowledges that no lifeguard will be provided for Tenant’s use of any aquatic facilities at the Property.

27. ADDITIONAL PROVISIONS: Any additional provisions applicable to this Agreement are set forth on the Receipt, in the Rental Rules, in the Property specific manual (maintained on the Property itself), or in email communications from Bingalow.

28. MISCELLANEOUS:Third Party Beneficiaries. Except as set forth in subsequent sentence, the parties do not confer any rights or remedies upon any person other than the parties to this Agreement and their respective successors and permitted assigns. The parties hereby designate Owner as an express third-party beneficiary of this Agreement having the right to enforce the terms of this Agreement against Tenant.

29. STATUTE OF LIMITATIONS. Tenant must file any legal action or claim arising directly or indirectly from of this Agreement no later than six (6) months after the claim has accrued. The Tenant waives the right to file any legal action or claim arising directly or indirectly from this Agreement under any longer statute of limitations.

30. ATTORNEY FEES. In the event that any party institutes any legal suit, action, or proceeding against the other party arising out of or relating to this Agreement, the prevailing party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs.

31. FURTHER ASSURANCES. Each of the parties hereto shall execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and give effect to the transactions contemplated hereby.

32. NOTICES. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the Receipt (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). All Notices shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or email if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage pre-paid).

33. INTERPRETATION. For purposes of this Agreement, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (x) to sections, schedules, and exhibits mean the sections of, and schedules and exhibits attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The schedules and exhibits referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.

34. HEADINGS. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

35. SEVERABILITY. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

36. ENTIRE AGREEMENT. This Agreement (including all terms and exhibits incorporated herein) constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement and the related exhibits and schedules (other than an exception expressly set forth as such in the schedules), the statements in the body of this Agreement shall control.

37. AMENDMENT. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.

38. WAIVER. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

39. REMEDIES. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.

40. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and permitted assigns.

41. GOVERNING LAW. This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

42. CHOICE OF FORUM. Any party may commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Agreement and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in the courts of the State of Texas sitting in Travis County, Austin and any appellate court from any thereof. Each party submits to the nonexclusive jurisdiction of such courts and agrees that any such action, litigation, or proceeding may be brought in the courts of the State of Texas sitting in Travis County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

43. FORCE MAJEURE. Bingalow shall not be liable or responsible to Tenant, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the Bingalow’s reasonable control (each considered a “Force Majeure Event”), including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) epidemic (including, but not limited to, COVID; (e) government order or law; (f) actions, embargoes, or blockades in effect on or after the date of this Agreement; (g) action by any governmental authority; (h) national or regional emergency; and (i) shortage of adequate power or transportation facilities.

44. TIME OF THE ESSENCE. Time shall be of the essence in this Agreement.

45. ELECTRONIC SIGNATURES. Each party agrees that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record pursuant to the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ann. § 322.001 et seq.) as amended from time to time.

IN WITNESS WHEREOF, the Tenant and Bingalow have executed this Agreement as of the Effective Date by their electronic signature. 

EXHIBIT A

RENTAL RULES
TELEPHONE: Property does NOT provide a land line telephone. Should there be a phone provided, Tenant will be charged any long distance or international call fees incurred during the Term.. Emergency medical and police service can be called by dialing 911.
TRASH: The Tenant shall dispose of all waste material generated during the license period in a lawful manner. If excess trash is created by tenant which will not fit in the provided trash cans, Tenant will neatly bag trash, leave next to trash cans, and notify Bingalow by 12pm for same-day pickup. If notification is not given by 12pm, bagged trash must be kept inside overnight. Excess bagged trash may not be left outside of overnight. Tenant will be subject to a $120 trash valet fee if trash is not bagged and left next to cans.
QUIET HOURS: The Tenant shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenant shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating excessive noise or disturbances shall be grounds for immediate termination of this Agreement and Tenant’s removal from the Property. Quiet hours are from 10:00 PM to 7:00 AM. Failure to comply will result in a fine of up to $1,000.
AMENITIES: Towels, linens, toilet paper, hand soap, dish detergent, cups, knives, forks, spoons, dishes, and other items as commonly used by an occupant of the Property will be provided. Bingalow is not responsible for replenishing items after the rental term has begun. No reimbursement will be made for unused consumables left at the Property. If consumables exist at the Property when the Tenant arrives, WHICH ARE NOT MARKED AS PRIVATE, the Tenant is free to use them. Food in the refrigerator, IF IT IS NOT MARKED AS PRIVATE, is available for use by the Tenant, however, alcohol, wine, freezer items, pantry items, are not for the use of the Tenant unless specifically indicated in writing by Bingalow. Bingalow makes no representations or warranties regarding any food left in the refrigerator. Towels are never permitted to be taken from the house. Stained towels, sheets or property of Owner removed from the Property, whether marked or unmarked, will be claimed on the Policy or charged to the Tenant Credit Card if no claim can be made or is otherwise denied.
OUTAGES: Outages and other interruptions of service with respect to water, electricity, cable and internet (if provided) and wastewater are beyond Bingalow’s control. Tenant shall report outages to Bingalow as such occurs. No refunds or compensation will be given to Tenant for any such outages or interruptions in service.
WEATHER: There shall be no refunds of any fees because of shortened stays or ruined expectations due to weather conditions.
EMERGENCIES: There shall be no refunds of any fees because of shortened stays or ruined expectations due to work, family or other emergencies or other commitments.
FIREARMS: The possession of firearms at the Property shall only be permitted if such possession is in compliance with all applicable laws.
HAZARDOUS MATERIALS: Tenant agrees that fireworks and other hazardous materials shall not be brought onto or used in or around the Property. Violation of this Section 9 will result in a $500.00 charge to the Tenant Credit Card and immediate eviction from the Property without refund.
PRIVATE AREAS: Tenant agrees not to access the “owner’s closet” or any other areas marked “private”, even if unlocked. Such areas contain Owner’s property as well as cleaning supplies and chemicals that could be hazardous to children and adults.
GAS: Tenant is advised that the Property may contain a gas stove and cook top, gas heating, gas grill, and other gas powered items and Tenant will seek help from management if the proper operation of such items is not fully understood. If propane tanks are provided for outdoor grills, Tenant are free to use.
FIRE EXTINGUISHER: The property has a fire extinguisher. Tenant agrees to use the fire extinguisher only for true emergencies.
FIRE ALARMS: The property has fire alarms and/or smoke detectors installed and which to Bingalow’s knowledge are properly functioning at Check-In Date. Tenant will notify management without delay if a fire alarm or smoke detector “chirps” or has a low battery condition.
CARBON MONOXIDE DETECTOR: Tenant is advised that there may be no carbon monoxide detector on the property and accepts the risk involved in not having one.
SECURITY: Tenant shall see to their own security while in the Property by ensuring that doors, windows, garage doors, etc. are locked at all times. Further, Tenant agrees to insure that all doors and windows are locked when no Tenants are at the Property.
CABLE: Cable TV, if provided, has been chosen by Bingalow. No refund of any Rental Fees shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service. Any television services purchased by the Tenant using the Owner’s account will be charged to the guest after check out. Tenant agrees to notify Bingalow by phone or email if any television services are purchased.
INTERNET: High speed wireless internet may be provided as a convenience only and is not integral to the Agreement. No refund of Rental Fees shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.
COMMERCIAL USE: No commercial use of the Property without written agreement, specific arrangements and proof of separate insurance.
SPILLS: Tenant and all Tenant’s guest shall properly and immediately clean up spills on the Property, furnishings or floors.
REPORTING DAMAGES: Tenant is responsible for reporting anything broken, damaged, disabled or not in working condition immediately to Bingalow. Do not wait until check-out to inform as this may result in the item or items being charged to the Tenant Credit Card or deducted from any applicable Security Deposit.
MAKE-UP REMOVAL: Tenant shall not use wash cloths or towels for makeup removal. You will be charged for their replacement if an insurance claim cannot be made.
WASTE: Guest shall not flush anything down the toilet other than organic waste.
LANDSCAPING: Tenant is responsible for all damage to landscaping or exterior premises that occur during the Term of the Agreement.
KEYS: Tenant agrees to KEEP KEY IN LOCK BOX AT ALL TIMES and is responsible for any keys provided to property and shall return all keys to the lockbox, Bingalow, or as otherwise instructed in writing upon departure. Loss of any keys will result in a fee of $250.00 charged to the Tenant Credit Card or deducted from any applicable Security Deposit.
FIREPLACE: Paper or other combustible items should never be placed in any fireplace. Only wood shall be placed in wood burning fireplace. Nothing shall be placed in gas fireplaces
CHECKOUT PROCEDURES: Failure to comply with Check-out times and procedures will result in a penalty equal to the rental fee for one night at the property. Unapproved late check outs will usually be subject to a $250.00 fee per additional hour after published check-out time. Bingalow maintains full discretion regarding unapproved checkout fees.
HOT TUB, COLD PLUNGE, SAUNA, STEAM SHOWER, BATH TUB AND SHOWER: It is Tenant’s and any of Tenant’s guests responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning usage of hot tubs, cold plunges, saunas, steam showers, bath tubs and showers. Tenant agrees to have a responsible adult supervising minors while they use all such amenities provided on the property. Tenant is hereby notified that such amenities can be dangerous and Tenant and Tenant’s guests accept fully the risks involved. Tenant is further notified to be cautious when using the outdoor areas of the Property in close proximity to such amenities, including the elevated cabana deck, which can be slippery when wet and can thus be a hazard. There may not be a barrier to prevent a fall into the hot tub and cold plunge or off of the elevated cabana deck. Hot tub and cold plunge may or may not be heated or chilled. Unless approved in writing and paid for in advance, Tenants may NOT tamper with the temperature of the hot tub and cold plunge at any time. Failure to comply will result in a $500 fee (in addition to any utility costs incurred for such unauthorized heating) and will be charged against the Tenant Credit Card or deducted from any applicable Security Deposit. Tenant must adhere to specific pool rules and hours.
TRAMPOLINE (IF APPLICABLE): Tenant acknowledges, understands and accepts the risks involved with trampoline use. Tenant and guests shall be responsible for all damage to and personal injury from the use of and assumes all inherent risks of the activity on behalf of themselves and their guest in its entirety, including minors if applicable.
EXERCISE EQUIPMENT (IF APPLICABLE): Tenant acknowledges, understands and accepts the risks involved with the use of exercise equipment, regardless of the care taken to avoid injuries. The use of exercise equipment is voluntary. Tenant and guests shall be responsible for all damage to and personal injury from the use of and assumes all inherent risks of the activity on behalf of themselves and their guests in its entirety, including minors if applicable.
BOAT DOCK (IF APPLICABLE): If a boat dock is associated with the Property, unlocked, advertised, and unless otherwise notified in writing, the boat dock is available for use at your own risk. Tenant agrees to follow all rules provided when using boat dock. Tenant acknowledges, understands and accepts the risks involved with the use of any boat dock, regardless of the care taken to avoid injuries. The use of the boat dock is voluntary. Tenant and guests shall be responsible for all damage to and personal injury from the use of and assumes all inherent risks of any activity on the boat dock on behalf of themselves and their guests in its entirety, including minors if applicable.  

EXHIBIT B

SAFETY INSTRUCTIONS

STEAM SHOWER. READ AND FOLLOW ALL INSTRUCTIONS. The steam bath is not intended for use by anyone (including children) with reduced physical, sensory or mental capabilities or who lack experience or knowledge, unless they have supervision or training on the use of the steam bath by a person responsible for their safety.

1. WARNING - To reduce the risk of injury, do not permit children to use this product.
2. WARNING - To reduce the risk of injury:
• The wet surfaces of steam enclosures may be slippery. Use care when entering or leaving.
• The steam head is hot. Do not touch the steam head and avoid the steam near the steam head.
• Prolonged use of the steam system can raise excessively the internal human body temperature and impair the body’s ability to regulate its internal temperature (hyperthermia). Limit your use of steam to 10 to 15 minutes until you are certain of your body’s reaction.
• Excessive temperatures have a high potential for causing fetal damage during the early months of pregnancy. Pregnant or possibly pregnant women should consult a physician regarding correct exposure.
• Obese persons and persons with a history of heart disease, low or high blood pressure, circulatory system problems, or diabetes should consult a physician before using a steam bath.
• Persons using medication should consult a physician before using a steam bath since some medication may induce drowsiness while other medications may affect heart rate, blood pressure and circulation.
3. WARNING - Hyperthermia occurs when the internal temperature of the body reaches a level several degrees above the normal body temperature of 98.6°F (37°C). The symptoms of hyperthermia include an increase in the internal temperature of the body, dizziness, lethargy, drowsiness and fainting. The effects of hyperthermia include:
• Failure to perceive heat:
• Failure to recognize the need to exit the steam bath:
• Unawareness of impending risk:
• Fetal damage in pregnant women:
• Physical inability to exit the steam bath: and
• Unconsciousness.
4. WARNING - The use of alcohol, drugs or medication can greatly increase the risk of hyperthermia

HOT TUB. Important Safety & Health Cautions and Instructions For Hot-TubsAnyone who uses the hot tub must become well acquainted with the following safety instructions. It is the Tenant’s responsibility to inform guests and family of these safety precautions and to see that they are enforced:

1. GENERAL GUIDELINES. PEOPLE WITH ABNORMAL BLOOD PRESSURE, HEART PROBLEMS, DIABETES, OBESITY OR ANY OTHER CHRONIC OR SERIOUS ILLNESSES AND WOMEN WHO ARE PREGNANT SHOULD TALK TO THEIR DOCTOR BEFORE USING A HOT TUB. PREGNANT WOMEN SHOULD DEFINITELY CONSULT WITH THEIR PHYSICIAN BEFORE USING A HOT TUB. Persons using medication should consult a physician before using a hot tub because some medications may induce drowsiness while other medications may affect heart rate, blood pressure and circulation. Dehydration is a real risk that must be understood.Enter and exit the tub slowly. Remember that entry/exit steps are very likely to be wet and slick. Do not allow any horseplay and do not jump or dive into the hot tub. Failure to follow this can result in serious injury or death. Do not use the hot tub immediately following strenuous exercise.People with open sores, infectious conditions and those who have recently undergone surgery should not use the hot tub until cleared by their physician. Glass and other breakable objects must not be brought into or near the hot tub. Never drop or insert any objects into any opening. Prevent small objects such as beads, buttons, etc. from entering the system through the jets, suctions or skimmer fittings. Remove loose fitting jewelry (such as earrings) before entering the hot tub.

2. WATER TEMPERATURE PRECAUTIONS. Do not use the hot tub too hot or stay in the hot tub too long. EXCESSIVE WATER TEMPERATURE CAN BE DANGEROUS. The maximum temperature should be 104° F. At that temperature you should stay in for about 10 to 15 minutes, then get out and cool off, and then get in again for another short stay. The way your body is affected by the heat of a hot tub may change, sometimes drastically, if you are especially tired and/or are drinking alcohol or using drugs (prescription or otherwise).The risk of dehydration is real and must be fully understood. This is a particular concern if you are alone. The use of alcohol, drugs, or medications before or during hot tub use may lead to unconsciousness with the possibility of drowning. If, while using the tub, you feel faint, dizzy, or nauseous, get out and cool off for a while. These are often signs of dehydration, especially if there has been significant alcohol intake. Drink plenty of water and refrain from further alcohol intake. Consider lowering the water temperature and make sure that you are fully in control before using the tub further. Lower water temperatures are recommended for the elderly, for young children and when hot tub use exceeds 10 minutes. Since excessive water temperatures have a high potential for causing fetal damage during the early months of pregnancy, pregnant or possibly pregnant women should limit hot tub water temperatures to 100F (38C). High water temperature and prolonged periods of exposure can raise internal body temperature excessively and impair the body’s ability to regulate temperature. This effect is even heightened in children. High body temperature affects people differently. Excessive exposure may result in nausea, dizziness or fainting. Until you become familiar with your body’s reaction to hot water immersion at various temperatures, you should limit your initial time in the water to 10 minutes at a maximum temperature of 100F.

3. USE BY CHILDREN. Do not let children use the hot tub without constant adult supervision. Always keep the tub cover on and locked down when the tub is not in use. Do not allow anyone to sit on the cover or allow children to jump on the cover; it is not a trampoline! The cover is not designed to support any significant weight. Failure to follow this instruction can lead to serious injury. To avoid accidents, ensure that children cannot use the hot tub unless they supervised at all times.

4. PUMP SUCTION HAZARD. It is important to understand the function of the suction fittings that are located on the side of the tub near the bottom. There are two such fittings and these take water from the tub which is then fed to the pump. The two fittings are located a good distance apart so that the likelihood of excessively strong suction being created under normal circumstance is minimal. However this only holds true if BOTH are clear of debris. If one suction gets blocked there will be strong hydraulic suction created at the other one; this is a particularly dangerous situation that must not be allowed to occur. Never operate the hot tub if any part of the suction fittings is broken or missing or if one is visibly blocked. In particular, make sure that the anti-hair entanglement grates are in place; THIS IS MOST IMPORTANT!! Do not drop anything into the tub (such as say a paper or plastic bag) that may possibly sink and get sucked onto the suction fitting. This is a very hazardous situation and should it occur, shut down the pump and do not use the tub again until the offending debris has been removed. Never operate the pump without the screen covers over the suction fittings or if one of the suction fitting has anything covering it. Failure to comply with this requirement can result in serious injury and possible drowning.Do not go head-first under the water at any time. Bathers with long hair should tie their hair up or use a bathing cap to prevent hair from entering the system. THIS CANNOT BE STRESSED ENOUGH; EVEN THOUGH THE DESIGN INCORPORATES TWO FITTINGS AND EVEN IF THE GRATES ARE IN PLACE, WHICH THEY SHOULD BE, THERE IS STILL A RISK OF HAIR-ENTANGLEMENT, WHICH CAN RESULT IN DROWNING!!!

COLD PLUNGE. Important Safety & Health Cautions and Instructions For Cold-Plunge TubsAnyone who uses the cold-plunge tub must become well acquainted with the following safety instructions. It is the Tenant’s responsibility to inform guests and family of these safety precautions and to see that they are enforced:

1. GENERAL GUIDELINES. As the name suggests, a “Cold-Plunge” Tub is meant for a brief plunge and not for any continuous use. If you are new to this concept, it is recommended that you seek the advice of people who have prior experience or who can be around to help you get used to the experience of a cold-plunge tub. PEOPLE WITH ABNORMAL BLOOD PRESSURE, HEART PROBLEMS, DIABETES, OBESITY OR ANY OTHER CHRONIC OR SERIOUS ILLNESSES AND WOMEN WHO ARE PREGNANT SHOULD TALK TO THEIR DOCTOR BEFORE USING A COLD-PLUNGE TUB. PREGNANT WOMEN SHOULD DEFINITELY CONSULT WITH THEIR PHYSICIAN BEFORE USING A COLD-PLUNGE TUB. Persons using medication should consult a physician before using a cold-plunge tub since the“shock to the system” associated with their use may not be a good idea for or suit everyone. HYPOTHERMIA IS A REAL RISK THAT MUST BE UNDERSTOOD.Enter and exit the tub slowly. The name “plunge” might indicate just that but such method of entry is NOT recommended. Remember that entry/exit steps are very likely to be wet and slick. Do not allow any horseplay and do not jump or dive into the cold-plunge tub. Failure to follow this can result in serious injury or death. Do not use the cold-plunge tub immediately following strenuous exercise. People with open sores, infectious conditions and those who have recently undergone surgery should not use the cold-plunge tub until cleared by their physician.Glass and other breakable objects must not be brought into or near the cold-plunge tub.Prevent small objects such as beads, buttons, etc. from entering the system through the suctions or skimmer fittings. Remove loose fitting jewelry (such as earrings) before entering the cold-plunge tub.

2. WATER TEMPERATURE PRECAUTIONS. Do not use the cold-plunge tub too long. COLD WATER TEMPERATURE CAN BE DANGEROUS. HYPOTHERMIA CAN SET IN VERY QUICKLY!! You should get out quickly after the desired shock effect has been experienced. The way your body is affected by the shock coldness of a cold-plunge tub may change, sometimes drastically, if you are especially tired and/or are drinking alcohol or using drugs (prescription or otherwise). The risk of hypothermia is real and must be fully understood. This is a particular concern if you are alone in these circumstances.  Therefore,  DO NOT USE THIS COLD-PLUNGE TUB IF YOU ARE ALONE. The use of alcohol, drugs, or medications before or during cold-plunge tub use may lead to unconsciousness with the possibility of drowning or death from Hypothermia. Because excessively cold-water temperatures have a high shock-to-the-system effect, the potential for causing fetal damage during the early months of pregnancy cannot be ignored.  Pregnant or possibly pregnant women should not use the cold-plunge tub unless cleared by their doctor. Low water temperature and prolonged periods of exposure can lower internal body temperature excessively and impair the body’s ability to think clearly and function normally. This effect is even heightened in children. Low body temperature affects people differently. Until you become familiar with your body’s reaction to cold-plunge water immersion at various temperatures, you should limit your initial time in the water to a few seconds and make sure you are with someone who 1) has experience with cold-plunge tubs and 2) is physically able to help you or summon help should a problem arise.

3. USE BY CHILDREN. Do not let children use the cold-plunge tub without constant adult supervision. Always keep the tub cover on and locked down when the tub is not in use. Do not allow anyone to sit on the cover or allow children to jump on the cover; it is not a trampoline! The cover is not designed to support any significant weight. Failure to follow this instruction can lead to serious injury. To avoid accidents, ensure that children cannot use the cold-plunge tub unless they supervised at all times.

4. PUMP SUCTION HAZARD. It is important to understand the function of the suction fittings that are located on the side of the tub near the bottom. There are two such fittings and these take water from the tub which is then fed to the pump. The two fittings are located a good distance apart so that the likelihood of excessively strong suction being created under normal circumstance is minimal. However this only holds true if BOTH are clear of debris. If one suction gets blocked there will be strong hydraulic suction created at the other one; this is a particularly dangerous situation that must not be allowed to occur. Never operate the cold-plunge tub if any part of the suction fittings is broken or missing or if one is visibly blocked. In particular, make sure that the anti-hair entanglement grates are in place; THIS IS MOST IMPORTANT!! Do not drop anything into the tub (such as say a paper or plastic bag) that may possibly sink and get sucked onto the suction fitting. This is a very hazardous situation and should it occur, shut down the pump and do not use the tub again until the offending debris has been removed. Never operate the pump without the screen covers over the suction fittings or if one of the suction fitting has anything covering it. Failure to comply with this requirement can result in serious injury and possible drowning. Do not go head-first under the water at any time. Bathers with long hair should tie their hair up or use a bathing cap to prevent hair from entering the system. THIS CANNOT BE STRESSED ENOUGH; EVEN THOUGH THE DESIGN INCORPORATES TWO FITTINGS AND EVEN IF THE GRATES ARE IN PLACE, WHICH THEY SHOULD BE, THERE IS STILL A RISK OF HAIR-ENTANGLEMENT, WHICH CAN RESULT IN DROWNING!!!

SAUNA. Important Safety & Health Cautions and Instructions For Use of the SaunaAnyone who uses the sauna must become well acquainted with the following safetyinstructions. It is the Tenant’s responsibility to inform guests and family of these safety precautions and to see that they are enforced:

1. GENERAL GUIDELINES. PEOPLE WITH ABNORMAL BLOOD PRESSURE, HEART PROBLEMS, DIABETES, OBESITY OR ANY OTHER CHRONIC OR SERIOUS ILLNESSES AND WOMEN WHO ARE PREGNANT SHOULD TALK TO THEIR DOCTOR BEFORE USING A SAUNA. PREGNANT WOMEN SHOULD DEFINITELY CONSULT WITH THEIR PHYSICIAN BEFORE USING A SAUNA.
Persons using medication should consult a physician before using a sauna since some medications may induce drowsiness while other medications may affect heart rate, hydration levels (such as “water-pills”; often prescribed to people with high blood pressure), blood pressure and circulation. While it's rather obvious that a sauna will cause significant, possibly excessive sweating, it must be fully understood that in doing so, dehydration is a real, significant and likely risk. It is important to make sure that plenty of water is available (take some bottled water into the sauna with you).It is recommended to not use the sauna alone. If in the event you start to feel the effects of dehydration or otherwise feel dizzy or unwell, having someone with you who can physically help you or summon help is a very wise choice. Enter and exit the sauna slowly. Remember that entry/exit steps are very likely to be wet and slick. Also, since you may not be wearing any shoes, very painful injuries can occur by stubbing your toe against the door jamb for example. Do not allow any horseplay in andaround the sauna. Failure to follow this can result in serious injury or even death.The sauna heater operates with two controls: one for setting the temperature and one forsetting the duration time that the heater operates. The timer clock has a maximum of onehour duration. Saunas by their nature of design and materials used in construction carry a more than average fire risk and unattended operation must be avoided. With the fire risk in mind, do not lay anything such as towels or water bottles on the heater or the heater guard.Be careful when pouring water over the rocks which are installed on top of the heater. Do it slowly; pouring too much water too fast will likely cause an unpleasant “scolding” feeling in the mouth and nose since you will be standing over the heater while doing this. This is due to the sudden vaporization of the water into a lot of steam. This can take a person by surprise. Do not use the sauna immediately following strenuous exercise. Give it some time and be sure to have taken in plenty of water from the exercise routine before considering using the sauna. People with open sores, infectious conditions and those who have recently undergone surgery should not use the sauna until cleared by their physician.Glass and other breakable objects must not be brought into or near the sauna. Do not block the vents that are installed to keep fresh air circulation in the sauna. While this fresh air adds to the heat load for the heater, it is very important that there is a constant change-out of the air in the sauna during use. Items such as eyeglasses, contact lens, jewelry and watches etc. should be left outside the sauna because these items can become hot or damaged by heat. It is recommended to shower briefly first with warm water.Wrap your hair with a wet cloth if you use the sauna daily. Otherwise the heat will eventually dry out your hair. Sit or recline on a bench where the heat feels most comfortable. Shower again afterwards, rest for about 10 to 20 minutes to allow your body to cool further. Return to the sauna. On your second visit, spill a small amount of water over the heater rocks to increase the humidity. Take note of the precaution cited above when adding water. Relax for about 20 minutes after your final visit and then shower with warm water and soap. Then with cooler water to close the pores of your skin.Indulge in a light, salty snack with plenty of liquids to replace the salt and water lost during your sauna bath. Always end with a cool shower. To clean the sauna, the most you usually need to do is scrub it down occasionally with a liquid, non-abrasive household cleaner (not baking soda) to remove perspiration stains and odors. After each bath leave the door open for a short time to help ventilate the room so interior surfaces can dry out.

2. TEMPERATURE PRECAUTIONS. Do not use the sauna too hot or stay in the sauna too long, especially if the temperature is over 170 deg. F. EXCESSIVE TEMPERATURE CAN BE DANGEROUS. The maximum temperature should be 180° F. The heater may cut itself off at around that point and certainly if it reaches 190 deg. F. At these kinds of temperatures you should stay in for NO LONGER than 10 minutes, then get out and cool off. Lower water temperatures are recommended for the elderly, for young children and when sauna use exceeds 10 minutes. The way your body is affected by the heat of a sauna may change, sometimes drastically, if you are especially tired and/or are drinking alcohol or using drugs (prescription or otherwise). The risk of dehydration is real, cannot be over-stressed and must be fully understood. This is a particular concern if you are alone in these circumstances therefore we strongly urge against such practices, especially if you are alone. The use of alcohol, drugs, or medications before or during sauna use may lead to unconsciousness with the possibility of death. If, while using the sauna, you feel faint, dizzy, or nauseous, get out and cool off for a while. These are often signs of dehydration, especially if there has been significant alcohol intake.  Drink plenty of water and refrain from further alcohol intake. Consider lowering the sauna temperature and make sure that you are fully in control before using the sauna further. Since excessive sauna temperatures have a high potential for causing fetal damage during the early months of pregnancy, pregnant or possibly pregnant women should limit sauna use and consult with their physician first. High sauna temperature and prolonged periods of exposure can raise internal body temperature excessively and impair the body’s ability to regulate temperature. This effect is even heightened in children. High body temperature affects people differently. Excessive exposure may result in nausea, dizziness or fainting. Until you become familiar with your body’s reaction to sauna use, you should limit your initial time in the sauna to 10 minutes at a maximum temperature of 170 deg. F.

3. USE BY CHILDREN. Do not let children use the sauna without constant adult supervision. Failure to follow this instruction can lead to serious injury. To avoid accidents, ensure that children cannot use the sauna unless they supervised at all times.

CABANA DECK. PLEASE READ AND FOLLOW THESE INSTRUCTIONS WITH CAUTION. Bingalow’s elevated cabana deck does not feature a railing or barrier to falling, presenting a substantial risk of serious injury if guests do not exercise caution. To reduce the risk of falling and or injury, guests must understand that wet surfaces may be slippery, and exercise extreme caution when entering, exiting and altogether using the elevated cabana deck. As with all Bingalow amenities, the use of alcohol and other substances on the elevated cabana deck is discouraged and may greatly increase a person’s chances of falling and serious injury. Children are not permitted to use the elevated cabana deck without adult supervision. By agreeing to this document, guests acknowledge that elevated cabana deck should only be accessed and exited by cautious use of its stairs, and that neither Bingalow nor the property owner are responsible for any accidents or injuries resulting from use of the elevated cabana deck.