Safety Notice, Waiver and Release

SAFETY NOTICE, WAIVER AND RELEASE

ANSE CHASTANET & JADE MOUNTAIN RESORT - SAFETY NOTICE, WAIVER AND RELEASE 

Dear Guests: Your comfort, safety, and enjoyment are our main priorities. Please review carefully and use the same precautions and common sense you would use at home during your stay at this resort. You hereby agree that you have had access to and have read and agreed to all of the resort’s Booking Terms & Conditions, including without limitation the provisions regarding Covid-19 Waiver and Release and the Protocols as published on the resort’s websites: www.ansechastanet.com & www.jademountain.com and as published by the Government of Saint Lucia  The resort is owned and operated by Anse Chastanet Hotel (SYCUM) Limited under the Anse Chastanet Resort and Jade Mountain brands ( hereafter “ the Resort”). 

SAFETY NOTICE

  • For emergencies of any kind on the property, please contact reception or dial (758) 459-7000 to reach the Resort Operator.
  • NO LIFEGUARDS are on duty at beach areas.
  • Parents and guardians are solely responsible for children. There is no substitute for parental or guardian supervision.
  • For safety reasons as well as concerns for our guests’ privacy, the Resort PROHIBITS THE OPERATION OR USE OF DRONES on or over any part of our 600-acre estate with its two beaches.
  • You agree to comply with safety protocols issued by the Resort as well as those issued by government and government agencies relating to COVID -19 or any other infectious diseases.
  • You agree to exercise DUE CARE and caution when WALKING around the resort. This includes reading and adhering to all cautionary signage, watching your step, and carefully using the resort’s stairs, paths, walkways, floors and similar areas to avoid tripping, slipping, and falling, all of which can result in injury. The resort shall NOT be liable for any loss or injury resulting from your failure to watch your step and use due care while walking around the resort. If you have any doubts about a particular walkway, path, stairway, or surface, seek assistance PRIOR to use or AVOID that area if you have any doubt or any physical mobility or other limitations. PLEASE BE CAREFUL AT ALL TIMES. If necessary, ask for assistance BEFORE you need it.
  • RAIN and WET SURFACES are common in a tropical environment. Any surface may be slippery when wet. Rainfall and resulting wet surfaces are deemed OPEN AND OBVIOUS conditions which you will be deemed to be aware of.
  • Always check the WATER TEMPERATURE prior to using water from the sink or entering a bath or shower or pool. Water temperatures may be VERY HOT to help ensure proper water quality. AVOID SCALDING by checking water temperature before use.
  • HOT BEVERAGES may be very hot. Use caution to avoid spills and burns resulting from hot beverages and food items.

  

WATER SPORTS ASSUMPTION OF RISK AND RELEASE OF LIABILITY

  • The Resort offers a number of water sports activities including, scuba diving, snorkeling, windsurfing, sailing, kayaking, swimming, boat riding (including boat trips), as well as other beach and water activities (hereafter “water sport activities”).
  • You agree to use water sports equipment and facilities of the Resort and other related entities at your own risk.
  • Injury and drowning can occur even in shallow or calm waters. BUOYANCY DEVICES, such as a life vest, should be worn at all times while participating in water sports activities. Never mix drinking, drugs, or medications with water sports or swimming.
  • Exposure to the sun and heat may result in sunburn, heat stroke, and dehydration. Wear protective clothing and sunscreen. Drink plenty of water.
  • You acknowledge that swimming and water sports activities involve RISKS including but not limited to: drowning; injury; collision with other water craft, swimmers, and objects; capsizing; sinking; impact with other riders and water surfaces; rope burns; slipping or falling; muscle injuries; the presence and unpredictable nature of wildlife and marine life; and other foreseeable and unforeseeable events that may result in injury or death. Many of these risks cannot be eliminated due to the nature of swimming and water sports activities.
  • By participating in swimming and water sports activities, you, on behalf of yourself and any minors for whom you are responsible, hereby agree to ASSUME responsibility for all such RISKS including any risks mentioned or not mentioned in this document.
  • In the event of an injury, you authorize any medical treatment and transportation reasonably necessary to address the injury or condition. You agree that you have adequate medical insurance and you agree to pay all costs of rescue, medical services, and emergency transportation. By engaging in any water sport activity, you WARRANT AND REPRESENT that PRIOR TO engaging in any such activity you have received adequate training, experience, and safety briefings, and have CAREFULLY READ AND UNDERSTOOD all safety signage.

 LAND-BASED ACTIVITIES, TOURS & EXCURSIONS ASSUMPTION OF RISK AND RELEASE OF LIABILITY

  • Land-based activities including but not limited to resort activities and off-site tours and excursions, have RISKS that may result in loss, damage, injury, illness, or death. Your participation in such activities is purely voluntary. You agree to assume all related RISKS. The Resort shall NOT be liable for any loss, damage, illness, injury or death whatsoever, resulting from such activities.
  • On-site activities including fitness classes, yoga, biking, sports, gym, dancing, and all other activities have RISKS. You agree to READ, UNDERSTAND AND ADHERE TO all safety signage and use DUE CARE and caution when engaging in any such activities and assume any related RISKS.

FOOD ALLERGIES; COVID-19; OTHER ILLNESSES; ASSUMPTION OF RISK AND RELEASE OF LIABILITY

  • UNDER NO CIRCUMSTANCES shall the resort, its owners, employees, agents, insurers and any third party tour operators be liable for any injury, illness or losses resulting from food allergies, infectious diseases including but not limited to Covid-19, or any insect-borne or tropical disease. As a condition of checking in at the Resort or being present upon the resort property, YOU ACKNOWLEDGE all such RISKS and AGREE to VOLUNTARILY fully ASSUME ALL SUCH RISKS AND HOLD HARMLESS THE RESORT, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, INSURERS AND ANY THIRD PARY TOUR OPERATORS AND TRAVEL AGENTS FOR ALL SUCH RISKS.

WAIVER AND RELEASE OF LIABILITY AND GOVERNING LAW

In consideration for utilizing the various services, amenities, facilities and goods provided by the Resort, and as a condition of checking in at the Resort or otherwise being present upon the resort property, you acknowledge that there are risks involved in utilizing the various services, amenities, facilities and goods provided by the Resort and voluntarily assume those risks.  Furthermore, you, your heirs, executors, successors and assigns or other representatives agree to RELEASE, HOLD HARMLESS,  forever DISCHARGE and shall NOT SUE or OTHERWISE HOLD LIABLE  the Resort, its owners, employees, officers, affiliates, agents, insurers, suppliers, representatives  any third party tour operators and travel agents with respect to any and all action, cause of action, claims and demands relating to  any injury, illness, disability, death, losses or damages of any kind or nature whatsoever arising from or caused by your use of the goods, services, amenities and  facilities offered by the Resort. including but not limited to the services, facilities and amenities indicated herein.  This waiver extends to risks of infectious diseases including but not limited to Covid-19 as well as purchases of an off-site tour, excursion, activity, or transportation arranged through the resort’s on-site tour desk or any transportation organized by the hotel on your behalf including transportation to and from the airport.

This agreement shall be LEGALLY BINDING and shall be governed by and construed in accordance with the laws of SAINT LUCIA. The courts of SAINT LUCIA shall have exclusive jurisdiction over any claims arising out of or in connection with your stay at the Resort. You agree that prior to submitting to the courts, any disputes arising from this agreement will be first referred to mediation in Saint Lucia.

By signing below you declare that you are of lawful age and legally competent to sign this waiver and release from liability agreement, and testify that you have freely signed this waiver and release from liability agreement and fully understand the terms as set out therein.

It is agreed that children/minors are the parent's responsibility. If a participant is under eighteen (18) years of age, the parent or legal guardian must sign below. As the parent/legal guardian of the participant, by signing below you testify that you have freely signed this waiver and release from liability agreement and fully understood the terms as set out therein.

If any provision of this agreement is found to be unenforceable or invalid, that provision shall be severed from the agreement.  The remainder of the agreement will then be construed as though the unenforceable provision had never been contained herein.

By signing below, you attest that you agree to the terms contained in this agreement and that the terms are contractual and are not mere recital, that this instrument is a legally binding document and that you have signed such by your own free act. 

Room #______________                     

 

Printed name: ______________________________      Date: _______________     Signature: _____________________

Relationship (please circle one):  [  ] Self [  ] Parent [  ] Legal Guardian 

Printed name: ______________________________      Date: _______________     Signature: _____________________

Relationship (please circle one):  [  ] Self [  ] Parent [  ] Legal Guardian  

Printed name: ______________________________      Date: _______________     Signature: _____________________

Relationship (please circle one):  [  ] Self [  ] Parent [  ] Legal Guardian 

Printed name: ______________________________      Date: _______________     Signature: _____________________

Relationship (please circle one):  [  ] Self [  ] Parent [  ] Legal Guardian

Dear Guests:

With the risk of Covid-19, exposure can never be eliminated in a travel and tourism setting. While we have made the necessary investments in health and safety, staff training, equipment and products to help insure you have a safe holiday, we also need to ensure that each guest understands and agrees to follow the following health and safety protocols while resident guests in accordance with the guidelines set forth by our Chief Medical Officer in St. Lucia in addition to any additional guidelines that they may provide later: 

  • Sanitize hands immediately upon arrival at the resort as well as before entering each restaurant and bar, boutiques, reception, spa, gym and the scuba center
  • Agree to luggage sanitation on arrival
  • Wear face mask at all times in public areas
  • Always seek to maintain social distancing of 6 feet
  • Agree to be assessed for COVID-19 symptoms twice daily.
    • This includes assessing for flu like symptoms, gastrointestinal symptoms (e.g. vomiting or diarrhea), loss of smell or taste, measurement of temperatures and other medical related questions
  • Agree to promptly report any flu like symptoms or fever that may be experienced.
  • Observe and practice the information contained within the COVID-19 information boards around the property
  • Agree to undergo a PCR test upon request by the Ministry of Health once on property
  • Do not leave the resort property during the entire stay and/or stop and exit the vehicle anywhere during the airport transfers for example at local shops, restaurants, bars, etc. 

By signing below, you attest that you have read, understood and agree to abide by the above health and safety protocols during your stay at the resort.

 

Room #______________ 

             

Printed name: ______________________________ Date: _______________Signature: _____________________________

Relationship (please circle one):  [  ] Self [  ] Parent [  ] Legal Guardian

 

Printed name: ______________________________ Date: _______________Signature: _____________________________

Relationship (please circle one):  [  ] Self [  ] Parent [  ] Legal Guardian

 

Printed name: ______________________________ Date: _______________Signature: _____________________________

Relationship (please circle one):  [  ] Self [  ] Parent [  ] Legal Guardian

 

Printed name: ______________________________ Date: _______________Signature: _____________________________

Relationship (please circle one):  [  ] Self [  ] Parent [  ] Legal Guardian

AGREEMENT, WAIVER AND RELEASE REGARDING COVID-19

            I, the undersigned, understand that there are many unknowns related to the virus responsible for COVID-19, including but not limited to its methods of transmission, presentation of symptoms, and duration.  I further understand and acknowledge the inherent risks associated with COVID-19 and other infectious diseases and am agreeing to stay at the hotel property owned by Anse Chastanet Hotel (SYCUM) Limited and operated under the Anse Chastanet Resort and Jade Mountain brands (the “Hotel”). In consideration for booking at the Hotel and making use of its services, facilities and amenities I am recognizing and voluntarily assuming these risks. I agree to release, hold harmless, forever discharge and covenant not to sue the Hotel, the property owner of the Hotel, the Hotel operator and their past or present predecessors, successors, representatives, suppliers, affiliates, parents, subsidiaries, related entities, directors, assigns, officers, agents, attorneys, managers, employees, former employees, members and servants, or other individuals in any way related to the Hotel (the “Releasees”) for all actions, causes of action, claims or damages, damages at law or in equity of whatever kind related directly or indirectly to the transmission or spread of infectious diseases including but not limited to COVID-19 or any financial damages arising either directly or indirectly from the transmission or spread of an infectious disease including COVID-19, including those actions, claims or damages arising out of the acts or failure to act of either the Releasees, any individuals on the premises of the Hotel, or my own acts or failure to act while I am a guest at the hotel and its facilities, including but not limited to claims relating to illness, injury, disability and or death. 

            During the time I, or those I am responsible for, am or are present at the hotel property, I agree to comply with any and all requirements of the Hotel related to COVID-19 and or other infectious diseases, including but not limited to compliance with governmental directives and/or orders, use of social distancing and/or masks, immediate disclosure to the Hotel of symptoms and/or knowledge of possible infection, personal hygiene, self-isolating and quarantining and any other orders or directives issued by the Hotel or any agencies or entities of Saint Lucia  or any state or local governments. 

            I agree that this Agreement extends to minors under my care and represent that I am authorized to act on their behalf.

            Should any portion of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts shall remain in full force and effect.  I irrevocably agree that any dispute arising out of, or in connection with, this Agreement and in particular with reference to this COVID-19 and infectious diseases exclusion clause, shall be governed by the Laws of Saint Lucia and shall be decided solely and exclusively by the Saint Lucia courts. I agree that prior to submission to the jurisdiction of the courts and dispute arising from this agreement shall be first referred to mediation in Saint Lucia.

 

Signed _______________________________    Date _________________

 

 

Signed _______________________________    Date _________________