Liability Waiver, Release & Acknowledgment This document is signed by both the Home Provider (“HP”) and the Homeseeker (“HS”) participating in the Sunshine Home Share Colorado (“Sunshine”) home-share program. “I” and “my” refer to each of the HP and HS individually. This agreement is subject to the terms and definitions set forth in the Sunshine Home Share Colorado Home Sharing Policy.
1. Role of Sunshine
Participation in Sunshine’s home-share program is voluntary. Sunshine facilitates introductions between potential match candidates but makes no representations or warranties about any candidate’s suitability or ability to fulfill a home-share arrangement. All decisions to enter, accept, or reject a home-share arrangement are made solely by the parties involved, based on their own judgment. Sunshine does not make those decisions and is not responsible for them.
2. Release, Assumption of Risk & Indemnification
By signing below, I — on behalf of myself, my minor children (if any), my family, heirs, agents, and legal representatives — agree to all of the following:
Release. To the fullest extent permitted by law, I release and discharge Sunshine Home Share Colorado and its officers, directors, employees, and agents (Sunshine along with these personnel collectively the “Sunshine Parties”) from all claims, liabilities, losses, damages, or causes of action (whether known or unknown) arising from my participation in the home-share program (whether in-person or on-line) or any related services.
Assumption of Risk. I acknowledge that home-sharing carries inherent risks — including interpersonal conflicts, financial disputes, theft, property damage, and personal injury — and I voluntarily assume those risks.
Indemnification. I agree to indemnify and hold harmless the Sunshine Parties from any claims, damages, costs, or expenses (including reasonable attorney’s fees) arising from my actions, omissions, or participation in a home-share arrangement.
Limitation of Liability. The Sunshine Parties shall not be liable for any indirect, incidental, consequential, or punitive damages related to the home-share program (whether in-person or on-line), even if advised of the possibility of such damages.
I acknowledge that the Sunshine Parties have no obligation to provide financial support to me or any other participant. Financial responsibilities rest solely with the individuals in the arrangement.
3. Legal Provisions
Governing Law & Severability. This agreement is governed by the laws of the State of Colorado. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
Consent to Arbitration. Any dispute arising from this agreement or the home-share program shall be resolved by binding arbitration under the rules of the American Arbitration Association. Arbitration is the exclusive forum for dispute resolution, and any award may be entered in any court of competent jurisdiction.
Waiver of Jury Trial. To the fullest extent permitted by law, each signatory waives any right to a jury trial in any action arising from this agreement or participation in the home-share program.
Non-Discrimination Agreement This agreement is subject to the terms and definitions set forth in the Sunshine Home Share Colorado Home Sharing Policy.
Sunshine Home Share Colorado does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, military status, the presence of minor children, receipt of public assistance or gender identity in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients. Everyone who participates in our program and services must agree to abide by this policy of non-discrimination. For this reason, while it is your decision regarding who you want to live with, we require you to be willing to meet match candidates who are different from you as part of the home share match process.
Release of Information
This Agreement incorporates the terms and definitions set forth in the Sunshine Home Share Colorado Homesharing Policy. I hereby authorize Sunshine Home Share Colorado ("Sunshine") to disclose to potential home share match candidates any information about me that Sunshine possesses or obtains, including but not limited to information about my personality, lifestyle, age range, job status and needs within a home sharing match. While Sunshine will facilitate the process of matching candidates, I am and will remain responsible for all decisions on the selection, acceptance, rejection, and/or termination of a home sharing arrangement, and I will perform any and all due diligence I believe is necessary to decide whether to enter into and/or continue in a home share arrangement.
I also hereby authorize Sunshine to talk with the listed references on the following page about me in connection with a potential home share arrangement. Discussions with these references may include questions about, among other things, my temperament, personality, home sharing ability, substance abuse, mental health history, etc.
I acknowledge and agree that Sunshine and its personnel (including any licensed health care providers) are not my treating health care provider. I further acknowledge and agree that the information I (and my references) provide to them, including information relating to my mental and physical health, is subject only to Sunshine Homes' policies and procedures on the handling of such information, and not to any state or federal laws governing the confidentiality of health information.
Home Share Policy
The following policy will govern the mechanics of home sharing services provided by Sunshine Home Share Colorado (“Sunshine”)
Sunshine provides support to adults who are 55 and older (a “Home Provider”) who desire to share their home with someone seeking a home share arrangement (a “Seeker” or “Home Seeker”). Home Providers often trade decreased rent for the Seeker in exchange for help with basic household chores including things like yardwork, snow shoveling, and light housekeeping. Sunshine recommends the Home Provider and Seeker should execute a “Home Share Agreement” to document the arrangement. All rent is paid directly by the Home Seeker to the Home Provider and Sunshine is not involved in the rental exchange.
Home Providers will be charged fees for Sunshine’s services, and Home Seekers will not be charged.
Sunshine’s mission is to support adults aged 55 and older safely and affordably in place. We recognize that for many, home sharing is a vital tool for maintaining economic stability. Sunshine understands that for some Home Providers, payment of the fees may be financially difficult. Those Home Providers may discuss this issue with Sunshine staff and arrive at an agreed upon method to address the Fees.
There are several agreements the Home Provider and the Seeker will be asked to sign. Those agreements implement this Policy and capitalized terms in those agreements not otherwise defined have the same meaning as defined terms in this Policy.
By checking this box, I confirm that I understand and agree to the terms of the agreements above.