In consideration of being permitted by Club Exploria, LLC, or any of its related entities (“Exploria Resorts”), to participate in certain activities (“Activities”) at any Exploria Resorts branded property (“Resort”), the individual named below (referred to as “I” or “me”) I agrees to all the terms and conditions set forth in this agreement (this “Agreement”).
I understand (a) the hazards of the novel coronavirus ("COVID-19") and I am familiar with the Centers for Disease Control (“CDC”) guidelines regarding COVID-19; (b) that COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact; (c) that federal, state, and local governments and health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people; (c) that my and my child(ren)'s participation in the Activities will involve some degree of close personal contact with staff and potentially with other persons who are participating in the Activities; (d) that Exploria Resorts has put in place preventative measures to reduce the spread of COVID-19, however, Exploria Resorts cannot guarantee that I or my child(ren) will not become infected with COVID-19; and (e) that being on Exploria Resorts premises and participating in the Activities could increase my risk and my child(ren)'s risk of contracting COVID-19.
I hereby expressly waive, release, covenant not to sue and forever discharge, on behalf of myself and my minor children, any and all claims, now known or hereafter known, against the Exploria Resorts, and its officers, directors, employees, agents, indirect and direct affiliates, members, successors, and assigns, and managed owners’ associations (collectively, “Releasees”), on account of COVID-19 and any other injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of Exploria Resorts or any Releasees or otherwise. I covenant not to make or bring any such claim against Exploria Resorts or any other Releasee, and forever release and discharge Exploria Resorts and all other Releasees from liability under such claims. I AM AWARE AND UNDERSTAND THAT COVID-19 AND THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF EXPLORIA RESORTS. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE EXPLORIA RESORTS OR OTHERWISE. I shall defend, indemnify, and hold harmless Exploria Resorts and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by or awarded against indemnified party, arising out or resulting from any claim of a third party related to the Activities.
This Agreement constitutes the sole and entire agreement of Exploria Resorts and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Exploria Resorts and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws in which the Activities are located without giving effect to any choice or conflict of law provision or rule or any other jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in the state in which the Activities is located and I hereby consent to the exclusive jurisdiction of such courts.
I understand that this Agreement extends forever into the future and will have full force and legal effect each and every time myself or my child(ren) participate in any Activities.
I also consent to Exploria Resorts’ right to use and publish my image, likeness, and other personal characteristics for advertising, promotion, and other commercial and business purposes and waive any clam for compensation, violation of privacy, or otherwise.
PATRON/PARENT/GUARDIAN CONSENTS TO ELECTRONIC SIGNATURE PURSUANT TO THE ESIGN ACT
Required Information for Patron:
CONSENT TO MARKETING MATERIALS
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages), by entering my contact information, including my telephone number, I am giving Club Exploria, LLC, its direct and indirect parents, subsidiaries and affiliates permission to contact me about this and future offers, at the telephone number, or physical or electronic address I have provided including SMS messages (including text messages), telephone calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. I understand that this permission overrides my listing on any state or federal Do Not Call list and any prior listing on the company Do Not Call list of Exploria Resorts. I can opt out of future calls at aby time by requesting to be placed on the company Do Not Call list of Club Exploria Resorts by calling 866-645-4311.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
