Release of The Beach Club and any of its affiliates From
Liability Regarding Hurricane Sally Remediation and Reconstruction
As a guest at The Beach Club Resort & Spa, I release and agree to hold The Beach Club or any of its affiliates including Spectrum Beach Club Management, LLC, Spectrum Beach Club, LLC, Spectrum Capital, LLC, Ft. Morgan Paradise Joint Venture, Beach Club Parcel 9 Condominium Owner’s Association, Inc., Beach Club Parcel 8 Condominium Owner’s Association, Inc., Beach Club Parcel 6 Condominium Owner’s Association, Inc., Beach Club Parcel 5 Condominium Owner’s Association, Inc., The Cottages at The Beach Club Property Owners’ Association, Inc., The Beach Club Master Association, Inc., W.G. Yates and Sons Construction Company (“Contractor”) and their Boards of Directors and/or Members, affiliates, agents, officers, employees, consultants, successors, heirs, administrators and all other related persons, firms, corporations, associations, or partnerships associated with the remediation and restoration at The Beach Club Resort & Spa, after Hurricane Sally, which occurred on, or about, September 16, 2020, from any and all claims, actions, causes of actions, demands, rights, damages, costs, expenses and compensation whatsoever, which I may now have or may have in the future as a result of my presence on the condominium property. This Release is executed based on my/our desire to come onto the Beach Club Resort & Spa property during the duration of remediation and repair work at The Beach Club Resort & Spa Guest(s) waives, releases, discharges and covenants to hold harmless Association and/or Contractor and/or Association Manager from and against all claims, damages, losses and expenses (including, without limitation, bodily injury and death) arising out of or resulting from Guest(s) presence on The Beach Club Resort & Spa during the duration of remediation and repair work at The Beach Club Resort & Spa, whether or not such claim, damage, loss or expenses was caused in whole or in part by said Association and/or Contractor and/or Association Manager.
To the fullest extent permitted by law, Guest(s) shall defend, indemnify and hold harmless Association and/or Contractor and/or Association Manager from and against all claims, damages, losses and expenses (including, without limitation, bodily injury and death) arising out of or resulting from Guest(s) presence on The Beach Club Resort & Spa property during the duration of remediation and repair work at The Beach Club Resort & Spa, whether or not such claim, damage, loss or expenses was caused in whole or in part by said Association and/or Contractor and/or Association Manager.
Guest(s) acknowledges that there are risks associated with accessing and occupying the properties that are undergoing storm damage reconstruction work. Guest(s) acknowledges these risks and voluntarily elects to do so with full knowledge of the risks of injury (including death), illness, or damage to property.
Guest(s) waives all rights of subrogation, on behalf of themselves and their insurers, against the Association and/or Contractor and/or Association Manager for damage covered by insurance (before, during, or after completion of the work).
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