ASSUMPTION OF RISK, LIABILITY RELEASE, AND INDEMNIFICATION
I acknowledge and agree that I am personally responsible for my own safety as well as the safety of my spouse, children and guests (collectively, “Invitees”) while at Bolongo Bay Beach Resort (the “Resort”). I also acknowledge that due to the fact the Resort is open for use by other individuals that I and my Invitees are at higher risk of contracting diseases and viruses, including, but not limited to COVID-19. I agree to comply with, and to cause my Invitees to comply with, the Resort’s Rules and Regulations while at the Resort and in connection with my/our use of the Resort’s amenities, which may include, but shall not be limited to, the following: swimming pool, beach/watersports activities, snorkeling, kayaks, stand-up paddleboards, floats, cardio/fitness equipment, etc. (collectively, “Amenities and Recreational Activities”) at “the Resort” or aboard Heavenly Days Catamaran. I knowingly and freely assume all such risks, (both known and unknown, even if arising from the negligence of others) and assume full responsibility for both my use of the Resort and Amenities, as well as my Invitees use of the Resort and Amenities, including any minor children/wards under my custody and care. With full awareness and appreciation of the risks involved, I, on behalf of myself, my Invitees, and my estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Harborside Corporation d/b/a Bolongo Bay Beach Resort and its respective board members, directors, members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from and against any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my Invitees, related to my/our use of the Resort, the Amenities, or arising from any disease or virus, including, but not limited to COVID-19, whether caused by the negligence of the Released Parties, any third-party using the Resort, or otherwise, while participating in any activity while in, on, or around the Resort or the Amenities.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the Resort or the Amenities, whether caused by the negligence of the Released Parties or otherwise specifically related to any disease or virus, including, but not limited to, COVID-19.
By signing this document below, I acknowledge and represent that I have read, understand, and agree to the foregoing Assumption of Risk, Liability Release and Indemnification, and that I am executing it voluntarily as my own free act and deed on behalf of myself, my Invitees, and my minor children/wards. I acknowledge that I am sufficiently informed about the risks involved in using the Resort and the Amenities to decide whether to sign this document. I acknowledge and agree that no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made, that I am at least eighteen (18) years of age and fully competent to sign this Agreement, and that I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this document shall be governed by and construed in accordance with United States U.S. Virgin Islands law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of this document as a whole.
Today's Date: February 27, 2021