Terms & Conditions
This Waiver of Liability, Disclaimer, and Indemnity Agreement (this “Agreement”) is made by the above-named User (“User”), the undersigned Guardian (as applicable), and Reel'em Inn Rockport, LLC (“Reel'em Inn”).
In consideration of the right to use and enjoy the pier and all other common areas and the facilities situated thereon (“Reel'em Inn Facility”), and for other good and valuable consideration, the sufficiency of which is hereby acknowledged by User, User agrees to the following terms and conditions:
1. USER ACKNOWLEDGES THE INHERENT RISKS INVOLVED IN THE USE OF THE REEL‘EM INN FACILITY, INCLUDING BUT NOT LIMITED TO BODILY INJURY, SICKNESS, DISEASE, AND DEATH. USER ALSO ACKNOWLEDGES THAT USE OF THE REEL‘EM INN FACILITY IS POTENTIALLY DANGEROUS AND THAT THE TYPE OF INJURY OR DAMAGE DESCRIBED ABOVE CAN OCCUR WHEN USING THE REEL‘EM INN FACILITY. USER ALSO ACKNOWLEDGES THE RISK OF CONTRACTING THE VIRUS THAT CAUSES COVID-19 ASSOCIATED WITH USE OF THE REEL‘EM INN FACILITY. USER HEREBY ACKNOWLEDGES THAT THE RESIDENT’S USE OF THE REEL‘EM INN FACILITY IS DONE WITH FULL KNOWLEDGE AND DISCLOSURE OF THE RISKS AND DANGERS ASSOCIATED WITH SUCH USE. USER SHALL COMPLY (AND SHALL CAUSE ANY GUESTS, INVITEES, OR LICENSEES OF USER TO COMPLY) WITH THE REEL‘EM INN’S RULES, REGULATIONS, GUIDELINES, POLICIES, AND RESTRICTIONS AND ANY LOCAL OR FEDERAL GUIDANCE OR RULES GOVERNING USER’S (AND USER’S GUESTS’, INVITEES’, AND LICENSEES’) USE OF THE REEL‘EM INN FACILITY.
2. USER AGREES TO COMPLY WITH ANY POSTED RULES REGARDING USE OF THE REEL ‘EM INN FACILITY.
3. USER HEREBY ASSUMES ALL RESPONSIBILITY FOR AND ALL RISK OF DAMAGE OR LOSS OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY, SICKNESS, DISEASE, DEATH, AND DAMAGES OF ANY KIND (COLLECTIVELY, “DAMAGE”), SUSTAINED BY USER OR ANY OTHER PARTY ARISING OUT OF OR RELATING TO USER’S (OR USER’S GUESTS’, INVITEES’, OR LICENSEES’) PRESENCE IN OR USE OF THE REEL‘EM INN FACILITY. THIS ASSUMPTION OF RESPONSIBILITY AND RISK INCLUDES (WITHOUT LIMITATION) SUCH DAMAGE CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY OF: REEL‘EM INN MEMBERS AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, COMMITTEE MEMBERS, EMPLOYEES, PARTNERS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONTRACTORS, SUBCONTRACTORS OF ANY TIER, SISTER AND PARENT COMPANIES, SUBSIDIARIES, AND INTERRELATED COMPANIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”). USER ACKNOWLEDGES THAT THE INDEMNIFIED PARTIES ARE NOT INSURERS AND THAT USER ASSUMES ALL RISKS FOR PERSONAL INJURY, LOSS, DAMAGE, OR DEATH, INCLUDING PERSONAL PROPERTY LOSS OR DAMAGE, AND USER FURTHER ACKNOWLEDGES THAT THE INDEMNIFIED PARTIES HAVE MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS THE USER RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE SAFETY OF THE REEL ‘EM INN FACILITY.
4. USER ACKNOWLEDGES THAT IT IS USER’S (AND USER’S GUESTS’, INVITEES’, AND LICENSEES’) RESPONSIBILITY TO CONSULT WITH A PHYSICIAN BEFORE USING THE REEL ‘EM INN FACILITY. USER REPRESENTS AND WARRANTS TO THE INDEMNIFIED PARTIES THAT USER AND ANY OF USER’S GUESTS, INVITEES, AND LICENSEES ARE SUFFICIENTLY HEALTHY AND PHYSICALLY ABLE TO USE THE REEL’ EM INN FACILITY AND ENGAGE IN PHYSICAL ACTIVITIES IN THE REEL‘EM INN FACILITY. USER REPRESENTS AND WARRANTS TO THE INDEMNIFIED PARTIES THAT USER WILL NOT USE THE REEL ‘EM INN FACILITY FOR A PERIOD OF FOURTEEN (14) DAYS IF USER OR SOMEONE IN USER’S HOME IS SICK OR HAS BEEN EXPOSED TO SOMEONE WHO IS SICK.
5. USER SHALL INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND (ON DEMAND) THE INDEMNIFIED PARTIES FROM AND AGAINST ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY USER OR BY ANY GUESTS, INVITEES, OR LICENSEES OF USER) IF SUCH CLAIMS ARISE OUT OF OR RELATE TO USER’S OR ANY OF SUCH THIRD PARTIES’ PRESENCE IN OR USE OF THE REEL‘EM INN FACILITY. THIS COVENANT TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITHOUT LIMITATION) CLAIMS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE INDEMNIFIED PARTIES’ OWN NEGLIGENCE, REGARDLESS OF WHETHER SUCH NEGLIGENCE IS THE SOLE, JOINT, COMPARATIVE OR CONTRIBUTORY CAUSE OF ANY CLAIM.
6. Miscellaneous. This Agreement constitutes the entire agreement of the Parties 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 or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent, then the remaining terms and provisions and their application to other parties or circumstances will not be affected thereby and will be enforced to the greatest extent permitted by law. This Agreement is binding on and will inure to the benefit of Reel‘em Inn and User and their respective successors and assigns. All matters arising out of or relating to this Agreement will