As consideration for being permitted to enter and reside in the short-term vacation rental premises known as Springwater Villa located in Camp Bay Beach, Roatan, Honduras, (the “Premises”) managed by Gabriel Grenier (the “Manager”), I hereby agree as follows:
- I represent that, as of the date of my signature below and the time of my arrival at the Premises, neither I nor any other guest in my reservation party (together, the “Guests”) have tested positive or been diagnosed with the 2019 novel coronavirus disease (“COVID-19”) or, in the last 14 days, experienced any symptoms of COVID-19, including fever, cough, or shortness of breath, or come in contact with any person who has been confirmed or suspected of having COVID-19. If at any time before or during my stay on the Premises any of the foregoing statements are not true, I will immediately notify the Manager and the Guest, as applicable, or I will not enter the Premises until statements are true.
- I am aware of the highly contagious nature of COVID-19 and the risk that I may be exposed to or contract COVID-19 by being on or in the Premises or using its equipment, furnishings or facilities, including any pool, or sports equipment (together, the “Facilities”). I understand that such exposure or infection may result in serious illness, personal injury, permanent disability, death, emotional distress or property damage to myself or to third parties. Notwithstanding the risks associated with covid-19, i acknowledge that i am voluntarily entering the premises and engaging in the use of its facilities with knowledge of the danger involved. I hereby agree to accept and assume all risks, known and unknown, of personal injury, illness, permanent disability, death, emotional distress or property damage, to myself or to third parties, arising from my being on the premises or use of its facilities, whether caused by the negligence of the manager or otherwise.
- I hereby EXPRESSLY waive, release, and forever discharge any and all liability, claims, damages, actions, demands, lawsuits or CAUSES of action, known or unknown (collectively, “Claims”) against the Manager, its affiliates or any of their respective agents, owners of the Premises, affiliates, employees, managers, members, directors, officers, representatives, attorneys, successors and assigns (collectively, “Releasees”) which are related to OR arise out of my being on the Premises OR MY use of any of its Facilities and being exposed to, contracting or spreading COVID-19, WHETHER attributable to the negligent act or omission of the Manager OR OTHERWISE. I covenant not to make or bring any Claim against the Manager or owners or any Releasee and forever release and discharge the Manager, owners and all other Releasees from liability under or with respect to any such Claim.
- I, on behalf of each guest, hereby expressly waive, release and forever discharge any claim against the manager, the owner of the premises, or any other releasee that such guest may now or in the future have related to or arising out of such guest’s being on the premises or use of any of its facilities and being exposed to, contracting or spreading covid-19, whether attributable to the negligent act or omission of the manager or owners or otherwise. I represent that I have the authority to give the foregoing waiver and release of Claims on behalf of each Guest in my party, and the Manager is entitled to rely on this representation.
- I understand that the pool and beach area pose risks to any and all of my guests on the property. I also understand and acknowledge that the use of other equipment (including recreational equipment) and facilities provided by Manager, and participation in outdoor activities, involves risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the activity itself, from the acts of others, or myself or from the unavailability of emergency medical care.
- I am also aware that my stay at the Property involves risks that may result in serious bodily injury and/or death. Some of the risks include, but are not limited to, drowning, slips, trips, falls, cuts, adverse weather conditions, fire, acts of theft or violence, electrical problems, the acts or omissions of guests or visitors on the Property during my stay, and the condition of the Property. I understand that the description of the risks in this Release of Liability, Waiver of Claims and Assumption of Risk (the “Document”) is not complete and that other risks or events that are known or unknown, anticipated or unanticipated may result in serious bodily injury and or/death.
- In consideration of being permitted to rent and stay at the Property, I agree on my own behalf and on behalf of my family and guests and on behalf of my children and all minors in my care, custody or control to assume full responsibility for the risks identified herein and those risks not specifically identified. I hereby release from liability and waive any and all claims that I have or may have in the future against the Manager and Owners, and its members, principals, agents, officers, employees, and representatives (collectively “Releasees”) of the Property.
- I understand and acknowledge that being in or near the ocean presents various risks and hazards, including strong currents, unexpected wave activity, floating debris and other potential hazards. I assume all such risks associated with being near or in the ocean, including injury or death.
- If the Manager prevails in any action or proceeding related to this Release of Liability, Waiver and Assumption of Risk (this “Release”) or the Manager’s enforcement of its rights hereunder, then the Manager shall be entitled to its reasonable attorneys’ fees in such action or proceeding.
- This Release and the rental agreement for the Premises (the “Rental Agreement”) constitute the sole and entire agreement of the Manager and I with respect to the subject matter contained herein and therein. The terms and conditions of this Release shall apply in addition to, and not in lieu of, the terms and conditions of the Rental Agreement. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on me and my heirs, successors, assigns, personal representatives and estate, and shall inure to the benefit of me, the Manager, each of the Releasees and our respective successors and assigns. Each of the Releasees shall be third party beneficiaries of this Release and entitled to enforce this Release in accordance with its terms. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of Honduras without giving effect to any choice or conflict of law provision or rule.