COVID-19 – ASSUMPTION OF RISK AND COVENANT NOT TO SUE
(Important Legal Stuff)
Please know that we have always taken your health, safety, and comfort very seriously, and we have always enjoyed a well-deserved reputation for maintaining very high levels of customer service, cleanliness, and safety.
Presently, we are taking enhanced health and safety measures throughout the resort to help maintain a clean, safe and comfortable environment for our valued guests, staff members, and visitors. For your safety and that of others, please adhere to all posted rules, signage, and instructions during your stay with us. Compliance with social distancing, hand washing and sanitizing, and similar instructions will be of primary importance.
In general, guests should be aware of the following governmentally-required protocols: Guests are currently required to wear a facemask while walking around the resort and its common areas; but not while seated and eating or drinking in bars and restaurants, and not while in the swimming pools, participating in water sports, or swimming at the beach. For added safety, Social distancing is required around the resort including the beach areas. Guests are required to have their temperatures at breakfast and dinner daily by the resort’s nurse using a non-touch thermometer. Please remember that all guests age 16 and older must provide proof of Covid-19 vaccination at check-in. Day passes and conferences for local residents are currently not permitted, and local residents are not allowed to enter the resort property to visit a resort guest.
Covid-19 (coronavirus) is highly contagious, potentially deadly, and may result in serious illness, injury, or death. There is an inherent risk of coronavirus/Covid-19 exposure anywhere people are, or have been, present. The CDC has indicated that certain people may be at greater risk, namely the elderly and those with compromised immune systems and other underlying conditions. However, young and healthy people may also suffer severe illness, injury and death, and should therefore take precautions.
As a condition of visiting the resort and using any of its services, facilities and amenities, you VOLUNTARILY AGREE TO FULLY ASSUME ALL RISKS related to Covid-19 exposure. You further AGREE that you SHALL NOT SUE OTHERWISE HOLD LIABLE the resort, its owners, employees, agents, insurers, and any relevant tour operators, travel agencies, and travel agents, including without limitation Elite Island Resorts for any Covid-19-related illness, injury, death, losses or damages of any kind or nature whatsoever. Kindly note that all arriving guests will be required to sign a waiver to this effect at check-in.
This Assumption of Risk and Covenant Not to Sue applies to all guests and visitors including but not limited to any minor children for whom an adult guest or visitor is a parent, guardian, or is otherwise responsible for. This Assumption of Risk and Covenant Not to Sue shall be LEGALLY BINDING. Should any guest or visitor bring a claim, suit or any other action in violation of this provision, the claim, suit or other action shall be DISMISSED WITH PREJUDICE (meaning permanently dismissed) and all costs of dismissal, including but not limited to reasonable attorneys’ fees and court costs, shall be borne by the party who wrongfully brought the claim, suit or other action in violation of this Assumption of Risk and Covenant Not to Sue.
Please understand that, without this Assumption of Risk and Covenant Not to Sue, it would be nearly impossible for the resort to operate under the current circumstances. We don’t like legal jargon any more than you do, and we look forward to the day (hopefully in the near future) when all of this goes away. In the meantime, we feel it is only fair that you are fully informed and allowed to make the best possible decisions for you and your loved ones.
We greatly—and very sincerely—appreciate you and your business, and we look forward to providing you with an excellent Caribbean holiday. Thank You!