Please read before agreeing

I hereby acknowledge and agree to the following terms and conditions related to my stay at Hawksbill Villa, hereinafter refereed to (the "Villa")

Liability

I understand, acknowledge and appreciate that my temporary residence as a guest at Hawksbill is pursuant to the rules, terms and conditions applicable to visiting guests to the Villa for leisurely holiday and or vacation for the benefit of both myself and the Villa. These rules terms and conditions include, but are not limited to the various safety warnings, signs and notices posted throughout the Villa. The rules, terms and conditions pertaining to the stay at the Villa are set out in the terms of stay available at the Villa or can be provided to you at your written request to [email protected].  I shall endeavour to observe and comply with these rules, terms and conditions during my stay at the Villa and I shall procure that my family, children, guests, employees, contractors and invitees who visit the Villa shall also observe and comply with these rules, terms and conditions.

Assumption of Risk

I understand and acknowledge that staying at the Villa may involve certain risks and hazards associated with household and outdoor activities (including but not limited to the use of a swimming pool, walkways, pathways and using the beach). Some of the risks and hazards include, but are not

limited to, drowning, falling, sports injury, slips, trips, falls, cuts, adverse weather conditions, the acts or omissions of persons at the Villa during my stay at the Villa, and the natural conditions that may be present at the Villa. I understand that the description of the risks in this document is not exhaustive and that other risks or events that are known or unknown, anticipated or unanticipated may result in serious bodily injury and or/death. I further agree, understand and acknowledge that the owner of the Villa shall not be responsible for any injury, damage, loss, accident, cost, expense, and or any claim of any nature, including but not limited to death, accidents, injuries, disability and damage (whether to person or property) that I and/or my family, children, guests, employees, contractors and invitees may suffer, experience or occur at the Villa (collectively, “the claims”).

Waiver of Liability

In Consideration of being allowed access to stay at or visit the Villa, I, for myself, my heirs, personal representative or assigns, personal representatives and next of kin, do hereby fully and forever release, waive and discharge the Villa and the owner of the Villa and its directors officers, officials, employees, agents, independent contractors and sub-contractors from liability arising out of or related to any of the Claims.

Waiver of the claims

In Consideration of being allowed access to stay at or visit the Villa, I, for myself, my heirs, personal representative or assigns, personal representatives and next of kin, further covenant to waive any and all claims whether in tort, contract, statutory or otherwise against the Villa and the owner of the Villa and its directors officers, officials, employees, agents, independent contractors and sub-contractors from any and all liability arising out of or in connection to any of the claims. .

Indemnification

I, for myself, my heirs, personal representative or assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless the Villa and the owner of the Villa and its directors officers, officials, employees, agents, independent contractors and sub-contractors, from any and all liability arising out of or in connection to any of the claims, to the fullest extent permitted by Law.

Severability and Liability Cap

I further expressly agree that this acknowledgment, assumption of risk, waiver of liability, and indemnification agreement is intended to be as broad and inclusive as is permitted by the Law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Further, I, for myself, my heirs, personal representative or assigns, personal representatives and next of kin, hereby acknowledge, understand and agree that the aggregate liability of the Villa and the owner of the Villa and its directors officers, officials, employees, agents, independent contractors and sub-contractors to me in respect of the claims shall in any event be capped at, and shall not exceed, the net amount actually recovered in respect thereof under any liability insurance cover taken out by the Villa.

Governing Law

The validity, interpretation, construction and performance of this agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of  Jamaica and the courts of Jamaica shall have exclusive jurisdiction.

Acknowledgement of understanding

I am over eighteen (18) years old I have read this acknowledgement, assumption of risk, waiver of liability, waiver of claim, and indemnity agreement, and fully understand its terms and the legal consequences of entering into this agreement. I am capable of agreeing to the terms and condition of this document and am capable of complying with the rules, terms and conditions pertaining to my stay at the Villa. I further acknowledge that I am entering into this agreement freely and voluntarily and intend this to be a complete and unconditional release of all liability arising and or related to any of the claims that may arise as regards my stay at or visit to the Villa to the fullest extent allowed by Law.

If the Participant is under 18 years of age (a minor) please read the following

I am the parent or legal guardian of _________________________, hereinafter referred to as “the Participant”. I understand the legal consequences of entering into this agreement on my and the Participant’s behalf, including, assumption of risk, waiver of liability, waiver of claim, and indemnity agreement.

I agree, allow and understand that I am responsible for the obligations and acts of the Participant as described above in this agreement. I further agree that the Participant shall be bound by all the terms and conditions in this agreement in the same manner as how I am bound to same.

I have read this Three (3) page agreement, and I am entering into this agreement freely.

By signing/electronically selecting the “I accept” option in relation to the above form (“the Form”), I:

1.       Acknowledge that I have read the Form in its entirety, fully understand its terms and implications, and hereby freely and voluntarily accept and agree to be bound by the same;

2.      Acknowledge that, if I have electronically selected the “I accept” option in relation to the Form, that I have electronically signed same in accordance with the Electronic Transactions Act of Jamaica and in demonstration of the agreement and acceptance of  these Terms and Conditions of Service;

3.      Confirm that I am eighteen (18) years of age and I am capable of agreeing to the Terms and Conditions set out in the Form;

4.      Confirm that I am aware and acknowledge the risks associated with engaging in activities at the Villa;

5.      Confirm that I agree to abide by the rules and policies of the Villa;

6.      Agree that, at all times, I shall exercise great care, due caution, and take every step to ensure that I take care of myself, those under my care and my personal property when you engage in activities at the Villa; and; and

7.      Agree that the Form and the Terms and Conditions therein shall be governed by the laws of Jamaica and the Courts of Jamaica shall have exclusive jurisdiction.