ACKNOWLEDGMENT, RELEASE AND INFORMED CONSENT
The Breakers Palm Beach, Inc. (“The Breakers”) provides Flagler Club level services for its guests at their request, which include enhanced concierge and food and beverage services served in exclusive Flagler Club level private lounge and rooftop terrace spaces, as well as complimentary chauffeured transportation services. The Breakers endeavors to follow both governmental mandates and recommendations as well as guidance from the Centers for Disease Control (CDC) as it relates to COVID-19 for social gatherings. While precautions are taken and ample space for social distancing is provided, The Breakers is unable to control guest conduct and behavior, and so recommended social distancing may not always be maintained. As a result, per Palm Beach County Order 2020-12, all guests must wear a facial covering when entering, exiting and moving throughout indoor, public common areas, including indoor Flagler Club spaces and while using chauffeured transportation services. Further, because The Breakers does not control the behavior of Flagler Club guests, The Breakers does not assume any responsibility with respect to potential exposure to COVID-19. In order to provide these services, we require that all guests provide the following acknowledgment and release.
I acknowledge that there is a risk of COVID-19 exposure in any public place where people are present. COVID-19 is highly contagious and can lead to illness and death. The Breakers has taken enhanced health and safety measures recommended by the CDC, however, the risk of contracting COVID-19 cannot be completely eliminated, and the services I am requesting necessarily involve use of public space and interaction with other people. Therefore, I voluntarily assume all risks related to exposure to COVID-19.
In and for consideration of The Breakers providing the Flagler Club services, I assume the inherent risk of exposure to COVID-19 by being a guest in the Flagler Club level and waive and release, in advance, The Breakers, The Breakers Palm Beach, Inc., Flagler System Inc., and their parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, successors and assigns (collectively The Breakers Parties) from and against any and all costs, claims, demands, losses, expenses, damages or causes of action (including but not limited to attorney’s fees at all judicial levels), that I have now or may have in the future (or that my executors, administrators, heirs, next of kin, successors or assigns may have now or may have in the future) for any claims, liabilities, damages, actions or costs directly or indirectly arising from or in connection with potential or actual exposure to COVID-19 (including but not limited to liability for medical malpractice arising out of or relating to any treatment or care from employees, nurses, doctors, hospitals or other medical units, for any injuries sustained by me), arising out of or resulting in any manner from being a guest in the Flagler Club at The Breakers, including transportation if applicable. I understand that this waiver and release includes any claims arising out of the action(s) or inaction(s) of the employees or agents of The Breakers Parties.
I acknowledge that I have read this document carefully and fully understand its meaning, and I am voluntarily executing same. Further, I fully understand, acknowledge, and agree that The Breakers Parties are relying upon my electronic signature and this document, which is intended to induce The Breakers Parties to provide Flagler Club services during the COVID-19 pandemic. I further acknowledge that The Breakers Parties have accepted this document as partial consideration for coordination of the Flagler Club services on my behalf.
Date: December 2, 2020