PARLIAMENT ON GREENBRIAR RELEASE & WAIVER OF LIABILITY
This Release & Waiver of Liability (the “Release”) is made as of the Effective Date of
the Guest Agreement for Parliament at Greenbriar (the “Agreement”) by and between the undersigned Guest and the record owner of the overnight accommodations located at 5310 Greenbriar in Houston, Texas and operating under the name “Parliament at Greenbriar,” together with any affiliates, partners, employees, attorneys and agents of such owner (collectively, the “Owner”).
The undersigned Guest(s), being all adults staying at the Parliament at Greenbriar, acting on their own behalf and on behalf of all minors staying at the Parliament with them, hereby accepts the Unit and the Property “AS-IS”, “WHERE AS” and “WITH ALL FAULTS” without representation or warranties of any kind, express or implied, from the Owner. The Guest(s), whether one or more, hereby release and forever discharge the Owner from any and all claims, liabilities, demands, lawsuits, requests for reimbursements or other legal actions in connection with the use of the Unit and/or the Property by Guest(s) and their licensees and invitees. This Release includes a release of all liability in connection with (i) the condition of the Property, (ii) the condition of Unit or any item in the Unit, or (iii) any other component, quality, capability or characteristic of the Property and/or the Unit. Further, by placing its signature below, Guest agrees to release, indemnify, defend, and hold Owner completely harmless now or at any time in the future for, from and against any and all claims and liabilities (both known and unknown), including claims relating to or resulting from the Owner’s negligence and gross negligence, if any. Guests also promise not to sue the Owner for any reason whatsoever, This Release will be interpreted and construed pursuant to Texas law without regard to any conflicts of law principles. If the Guest breaches the covenant not to sue, any case must be brought (until dismissed based upon this Release) in the courts located in Harris County, Texas. Furthermore, although the Owner makes no warranty about the Parliament, the Owner has attempted to make the Guest’s stay enjoyable. While the Owner will use best efforts to resolve any complaints, the Owner nevertheless must insist that all occupants of the units at the Parliament, including but not limited to the Guest, execute and deliver this Release that includes a promise not to sue the Owner. This is the entire agreement of the Guest and the Owner regarding the terms of the Release and the Release is incorporated into the Agreement. Without the Guest signing this Release, the Owner would not have allowed Guest to occupy the Unit. Capitalized terms not defined in this Release have the meaning of such terms set forward in the Agreement.