RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK
As consideration for being permitted to enter the vacation rental premises (“Premises”) managed by Towne Vacations Oak Island, LLC d/b/a Oak Island Accommodations (the “Manager”), I hereby agree as follows:
1. 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 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 I or the Guest, as applicable, will not enter the Premises.
2. 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 the Premises or using its equipment, furnishings or facilities, including any pool, hot tub, or exercise facilities (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.
3. 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, 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 MANAGER OR ANY RELEASEE AND FOREVER RELEASE AND DISCHARGE THE MANAGER AND ALL OTHER RELEASEES FROM LIABILITY UNDER OR WITH RESPECT TO ANY SUCH CLAIM.
4. I, ON BEHALF OF EACH GUEST, HEREBY EXPRESSLY WAIVE, RELEASE AND FOREVER DISCHARGE ANY CLAIM AGAINST THE MANAGER 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 OTHERWISE. I represent that I have the authority to give the foregoing waiver and release of Claims on behalf of each Guest and the Manager is entitled to rely on this representation.
5. 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.
6. 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 internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).