Parties and Scope
These Terms and Conditions ("Terms") are issued by T&H Realty Services, Inc., its officers, employees, agents, and representatives ("Property Manager"), on behalf of itself and the owner(s) of the property referenced in your showing confirmation ("Property Owner"). These Terms govern your access to and inspection of that property ("Property") and are binding upon you and every person accompanying you during the self-showing (collectively, "Visiting Parties").
Nature of Self-Showing
You acknowledge that your showing is unaccompanied and unsupervised. No representative of the Property Manager or Property Owner will be physically present. Access is provided through an electronic lockbox or smart lock system managed through Tenant Turner or a similar self-showing platform. You accept full responsibility for your own safety and the safety of all Visiting Parties from the moment you access the property until you depart and secure the lockbox.
Assumption of Risk
By accessing the Property, you and all Visiting Parties voluntarily and knowingly assume all risks associated with entering and inspecting the Property, including but not limited to:
- Slips, trips, falls, or injuries resulting from the condition of floors, stairs, walkways, landscaping, or other surfaces
- Conditions inherent to a vacant or occupied residential property, including uneven surfaces, reduced lighting, exposed utilities, or construction-related hazards
- Injuries caused by doors, windows, fixtures, appliances, or other features of the Property
- Any injury suffered by accompanying persons, including minors in your care
- Any other hazardous or unsafe condition existing on or about the Property, whether visible, known, or unknown at the time of the showing
You acknowledge that the Property is being shown in its current condition, that neither the Property Manager nor the Property Owner has made any representation or warranty regarding its condition for the purposes of this showing, and that you are inspecting the Property at your own risk.
Waiver and Release of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY ACCESSING THE PROPERTY YOU — ON BEHALF OF YOURSELF AND ALL VISITING PARTIES — RELEASE, WAIVE, AND DISCHARGE T&H REALTY SERVICES, INC., ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS, AND THE PROPERTY OWNER(S) (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, AND EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THIS SELF-SHOWING, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, EXCEPT WHERE PROHIBITED BY LAW.
This waiver is intended to be as broad and inclusive as permitted under the laws of the State of Indiana. If any portion is held invalid or unenforceable, the remainder shall continue in full force and effect.
Indemnification and Hold Harmless
By accessing the Property, you agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Any injury, illness, or death suffered by you or any Visiting Party during the self-showing
- Any damage to the Property caused by you or any Visiting Party
- Any unauthorized access to the Property resulting from your disclosure of the access code to any person not authorized by the Property Manager
- Any breach by you of these Terms or any conduct rules communicated to you by the Property Manager
Responsibility for Accompanying Persons
You represent that you are at least 18 years of age and that you accept full legal responsibility for the conduct and safety of all persons accompanying you, including minor children. All Visiting Parties are bound by these Terms to the same extent as if each had individually accepted them. You may not permit any person to enter the Property who was not included in your showing registration.
Rules of Conduct and Property Care
During the self-showing, you agree to:
- Conduct yourself and all Visiting Parties in a lawful, safe, and respectful manner at all times
- Refrain from damaging, removing, tampering with, or relocating any property, fixture, appliance, lockbox, or smart lock equipment
- Keep the access code strictly confidential and not share it with any unauthorized person
- Ensure the lockbox is secured and the property is locked upon your departure
- Vacate the Property promptly at the conclusion of your scheduled showing window
- Report any safety concerns, property damage, or suspicious activity to T&H Realty Services, Inc. immediately
No Agency or Tenancy Created
Nothing in these Terms, and nothing arising from your self-showing, creates a landlord-tenant relationship, a lease agreement, a right of occupancy, or any agency relationship between you and the Property Manager or Property Owner. Your access to the Property is solely for the purpose of evaluating it as a potential rental.
Governing Law and Severability
These Terms are governed by and construed in accordance with the laws of the State of Indiana. If any provision is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect.
Modification and Entire Agreement
These Terms constitute the entire agreement between you and the Released Parties with respect to your self-showing access and supersede any prior or contemporaneous communications regarding the same. T&H Realty Services, Inc. reserves the right to update these Terms at any time; the version in effect at the time of your showing governs your access.