PROPERTY ACKNOWLEDGEMENT AND RELEASE OF LIABILITY
I, the guest, understand that I will be present and staying at the property located at 512 Anastasia Blvd, St. Augustine, FL 32080 (the “Property”).
I acknowledge that by booking a room at the The Local – St. Augustine I agree to this RELEASE OF LIABILITY, I will be giving up certain legal rights on behalf of myself, my invited guests and my successors in interest. Hereinafter, the terms “undersigned,” “I” or “my” when used in this RELEASE OF LIABILITY are meant to refer to me personally.
In consideration of being permitted to enter and use the Property, THE GUEST agrees to the following:
1. THE GUEST HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE LEAD HOSPITALITY INC and its officers, directors, members, shareholders, agents, representatives, managers, owners, contractors, employees or affiliated entities (hereinafter referred to as “Releasees”) from all liability to THE GUEST, his or her personal representatives, assigns, heirs and next of kin for any loss, damage, or claim therefore on account of injury to THE GUEST’s person or property, whether caused by any negligent act or omission of the Releasees or otherwise. This release specifically includes, but is not limited to, any and all losses, claims or damages arising out of or related to THE GUEST contracting COVID-19, which THE GUEST acknowledges is an inherent risk associated with entering public and private areas, including the Property, and over which the Releasees have no control.
2. THE GUEST HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY OR DEATH while present at the Property and/or using the Property facilities and equipment, or arising therefrom, whether caused by any negligent act or omission of Releasees. I am fully aware that there are a number of risks associated with me and/or my child or ward entering on the Property, becoming a guest and/or occupying a room at the Property during the COVID-19 pandemic under the circumstances of the rental of rooms, including without limitation: (a) I and/or my child or ward or our visitors could contract COVID-19 or other diseases such as the flu or legionnaires disease which could result in a serious medical condition requiring medical treatment in a hospital or could possibly lead to death; and (b) I and/or my child or ward or our visitors will be subject to normal risks associated with staying at the Property such as physical injuries or even death or loss or damage to personal property, including without limitation, from slips or falls, food poisoning or allergic reaction to food served in the Property, electrocution from appliances or equipment within the Property, drowning in pools or tubs, terrorist or other violence, theft or vandalism, auto accidents around the Property, or fires or other disasters affecting the Property.
3. FOR PURPOSES OF CLARITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GUEST RELEASES AND PROMISES NOT TO SUE RELEASEES FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE GUEST’S USE OF THE PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
4. AS APPLICABLE, if THE GUEST resides in the State California, THE GUEST expressly waives the protections of Section 1542 of the California Civil Code (“Section 1542”), which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE DRAFT 2 MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
I further waive and relinquish all rights and benefits I may have under any other statutes or common law principles of similar effect. I further affirm that I am knowingly releasing all known and unknown claims that I have or may have against the Releasees.
5. THE GUEST HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS the Releasees from and against all liability, claims, demands, causes of action, charges, expenses, and reasonable attorneys’ fees resulting from THE GUEST’s presence at the Property, whether caused by any negligent act or omission of the Releasees, and agrees that he or she is solely responsible for any damages sustained, or alleged to have been sustained by any guests which THE GUEST invites on to the Property, and THE GUEST shall defend, indemnify and hold harmless the Releasees with respect thereto.
6. I, THE GUEST understand that the Property may be monitored by surveillance in public areas and I hereby agree and acknowledge that my entering on the Property constitutes my express consent to the filming and recording of myself and my children, wards or invitees in such areas.
7. THE GUEST SPECIFICALLY REPRESENTS that he or she is familiar with the varied health risks associated with COVID-19, none of which are under the control of the Releasees. Knowing the risk of contracting COVID-19, THE GUEST hereby agrees to assume on his or her behalf those risks.
8. THE GUEST acknowledges and agrees that there shall be no on-site staff at the Property and that THE GUEST shall check-in and check-out of the Property via cellphone in accordance with instructions to be provided by Property management.
9. This Release shall be construed in accordance with, and governed by, the laws of the State of Florida without taking into account conflict of law principles. I hereby submit to exclusive personal jurisdiction with respect to any matters arising out of or relating to my use of the Property or this Release.
10. I, THE GUEST, acknowledge that I have read the foregoing and that I am aware of the legal consequences of this agreement, including that it prevents me from suing the Releasees if I am injured or damaged for any reason as a result of my presence at the Property.
11. I, THE GUEST, warrant and represent that I am over the age of eighteen (18) years old and have the full power and authority to enter into this Release.
12. By booking a room at The Local – St. Augustine, you agree to this RELEASE OF LIABILITY, I represent and warrant that I have read, understood and voluntarily agreed to abide by its terms and conditions