Covid-19 Consent, Release and Hold Harmless agreement
COVID – 19 CONSENT, RELEASE AND HOLD HARMLESS AGREEMENT
Oyster Bay Beach Resort and Coral Beach Club (hereinafter the ‘Resorts”) have instituted new health, safety and sanitation policies to better protect our staff, guests and vendors from contracting the COVID-19 virus. The new policies include temperature taking of staff and guests, social distancing measures, enhanced and increased cleaning policies of public areas and guest rooms, more comprehensive hygiene protocols and the use of personal protective equipment for guests and staff, as recommended by the World Health Organization, Center for Disease Control and Prevention and public health directives and guidelines from St. Maarten Public Health Officials. As circumstances regarding COVID-19 are changing from day to day our protocols and policies may need to be modified and updated from time to time to adapt to such changes.
In implementing these new policies, we would like to provide a brief description of the following and obtain your consent and acknowledgment that you have been informed of these policies and that you agree to assist in our joint efforts to mitigate the risk of people contracting the virus while at the Resorts.
You agree to allow a representative of the Resorts to take your temperature upon your arrival at the Resorts and thereafter daily during your stay with a non-touch thermometer to see if you have a temperature of 100.4 degrees or more. Passing the temperature test shall be indicated by a color-coded wristband to be used at all times on or around the Resorts.
In the event that you have a temperature of 100.4 degrees or more or develop any other COVID-19 like symptoms, you agree to being imposed restrictive measures such as not to go into public areas and restrict your movements to your room(s) and balcony. During this period, general housekeeping services will be suspended. At your request, we will retest your temperature as you request and will assist you by calling a medical doctor to set up an appointment to evaluate your health condition, at your expense.
If you continue to have a fever for 2 or more days and/or begin to exhibit symptoms of COVID-19 such as dry cough, sneezing, diarrhea, difficulty breathing and/or other respiratory problems you consent to the Resort calling a medical doctor and the Sint Maarten public health officials to evaluate your condition. You agree to follow the advice or instructions of the medical doctor and/or Sint Maarten public health officials and to share such advice or instructions with the Resort as well as the results of any tests or medical procedures undertaken as a result of your condition.
You consent to follow the rules and/or instructions on health, safety and sanitation that the Resorts and/or Sint Maarten government imposes on you such as the Resort’s social distancing requirements in all public spaces and wear a face mask in confined spaces and when you cannot practice social distancing in outdoor environments.
You agree to refrain from hugging, shaking hands or touching our staff or other guests not within your travelling party.
You agree to share with the Resort(s) the results of any COVID-19 testing you took, and any other travel documents required by Sint Maarten government to gain entrance into Sint Maarten.
You agree that any Sint Maarten public health official, medical doctor or testing company may share with the Resort(s) the results of any COVID-19 test you have taken upon your arrival to Sint Maarten or during your stay on Sint Maarten.
We appreciate your willingness to agree to these new policies as we try to implement the recommended public health and safety guidelines. However, even with these mitigation efforts, there is no guarantee that you or another guest will not contract COVID 19 either before, during or after your stay at one of the Resorts. Accordingly, we are requesting that our guests and owners recognize this uncertainty and sign the following release and hold harmless:
RELEASE AND HOLD HARMLESS
I, on my own behalf and on behalf of my minor child(ren), acknowledge and understand that exposure to the disease-causing organisms, such as COVID-19, and contaminated objects as well as personal contact with other people including but, not limited to, Resorts’ staff, other guests, taxi drivers, bus drivers, car rental agents, shop attendants, spa workers and other associated with your stay at the Resorts, involve a certain amount of risk that could result in illness, permanent disability or death.
The Resorts have instituted certain new guest services, at no additional cost, that have been designed to better protect guests from contracting COVID-19 as follows (hereinafter collectively referred to as “Enhanced Guest Services”):
All guest rooms will be supplied with hand sanitizers and disinfectant wipes;
Guests will be supplied with disposable masks to be worn in public spaces in accordance with the Resorts’ social distancing rules and signage;
No contact room service and delivery will be available for all guests for meals prepared by Infinity Restaurant during its hours of operation;
Advance Check-in will be instituted to allow guests to check-in and get their room assignments prior to arrival to reduce standing in line when arriving at the Resort;
Express Check-out will now be offered such that a guest’s folio will be sent to the room the night before departure with all room charges and taxes for guest’s confirmation or reconciliation with the front desk staff;
All welcome packages and room keys will be placed in room. A bellman will escort guests to room with baggage delivery and concierge level services;
The Bodega, an on-site convenience store, will now offer room delivery of groceries during their hours of operation.
By signing below and for good and valuable consideration, including without limitation, the Enhanced Guest Services, I for myself and on Inc., Pearl Development NV, Iron Shore Management NV and their affiliated companies as well as all officers, directors, shareholders and employees of such companies and their agents and vendors (the “Released Parties”) from and against all claims for damages and liability resulting from exposure to disease related organisms such as COVID-19 and contaminated objects as well as personal contacts associated with your stay at the Resorts, except for a situation where you or your minor child would have contracted the COVID -19 virus due to the gross negligence or willful misconduct of the Released Parties.
I further acknowledge and represent, on my own behalf and on behalf of any minor child(ren) travelling with me, that I have read the foregoing Consent, Release and Hold Harmless Agreement understand it and sign it voluntarily as my free act and deed. All individuals in our travelling party have signed at that spaces designated below.
I agree that this release can be signed by electronic/digital signatures and further agree that this Consent, Release and Hold Harmless Agreement shall be governed by Sint Maarten law. In addition, I agree that the exclusive jurisdiction and venue for any legal action brought by me or anyone on behalf of my child(ren) under this Consent, Release and Hold Harmless Agreement or as a result of my stay or my child(ren)’s stay at Oyster Bay Beach Resort or Coral Beach Club, as applicable shall be the Court of First Instance in Sint Maarten. By signing below, it is the express intent of the signatories to be legally bound by the terms of this Agreement.
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Document Name: Covid-19 Consent, Release and Hold Harmless agreement
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