Vermont Huts Association COVID-19 Assumption of the Risk Acknowledgement and Hold Harmless Agreement

 

WHEREAS its is VHA’s top priority to ensure the health and safety of each Guest and make sure that we take care of our community;

WHEREAS, in order to help slow the spread of the virus, and because VHA accommodations may involve close proximity to others and shared facilities, the VHA strongly encourages its guests to inform themselves and adhere to the most recent regulations and guidelines available from the State of Vermont (https://accd.vermont.gov/covid-19, https://www.healthvermont.gov/response/coronavirus-covid-19 ) with respect to the COVID-19 pandemic;

WHEREAS the Guest hereby asserts and attests that the Guest and everyone else in the Guest’s party is not feeling ill nor has the Guest or anyone else in the Guest’s party felt ill in the past 24 hours, nor has the Guest or anyone else in the Guest’s party experienced any of the symptoms of COVID-19 in the past 14 days.  Symptoms include: fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, sore throat, new loss of taste or smell.

WHEREAS the Guest hereby asserts and attests that the Guest and everyone else in the Guest’s party has not had close contact with a person confirmed to have COVID-19 in the past 14 days.

WHEREAS the Guest hereby voluntarily assumes any and all risk associated with access, use, or entrance to VHA’s lands, premises, and/or facilities and assumes full responsibility for the safety of the Guest and/or Guests invitees.

WHEREAS the Guest hereby releases VHA, its agents, officers, directors, laborers, successors, assigns, and any landowner from any and all claims, causes of action, demands, obligations and liabilities – which are now existing or hereafter mature or accrue at any time – arising out of or related in any fashion to the Guest’s use or access of any VHA’s  property, equipment, or facilities.

WHEREAS this COVID-19 Assumption of the Risk Acknowledgment and Hold Harmless Agreement is in addition to and hereby supplements VHA’s Terms of Services User Agreement. The Terms of Services User Agreement is hereby incorporated by reference.

Assumption of Risk

The Guest, and any of the Guest’s invitees, personal representatives, heirs, or assigns, acknowledges and understands that residing or accessing VHA’s property may involve substantial risk of bodily injury, death, and other dangers.

The Guest acknowledges and fully understands that the Guest uses the property, equipment, and facilities of VHA at the Guest’s own risk.  The Guest and any of the Guest’s invitees, personal representatives, heirs, or assigns hereby agrees to hold and save VHA, its agents, officers, directors, laborers, successors, assigns, and any landowner harmless from each and every claim, demand, liability, or other obligation which may arise out of or be connected in any fashion with loss, injury or damage to the Guest, to the Guest’s property, to the Guest’s children or anyone using (with the Guest’s permission) any portion of the property, equipment, or facilities of VHA.

Hold Harmless

The Guest and any of the Guest’s invitees, personal representatives, heirs, or assigns hereby agrees and covenants not to bring any action at law or in equity against VHA, its agents, officers, directors, laborers, successors, assigns, and any landowner on behalf of the Guest, whether minor or adult, arising from or relating in any fashion to any injury, damage or other loss suffered by the Guest and any of the Guest’s invitees, personal representatives, heirs, or assigns and connected in any fashion with the Guest’s use of VHA’s property, equipment, or facilities; and the Guest and any of the Guest’s invitees, personal representatives, heirs, or assigns shall further defend VHA, its agents, officers, directors, laborers, successors, assigns, and any landowner against any such actions brought by the Guest or on the Guest’s behalf or brought by any other person with respect to Guest’s use of VHA’s property, equipment, or facilities; and, furthermore, the Guest and any of the Guest’s invitees, personal representatives, heirs, or assigns shall indemnify VHA, its agents, officers, directors, laborers, successors, assigns, and any landowner for anything for which Guest is responsible either alone, jointly or severally.

I further agree that any provisions contained herein shall apply to any of my invitees that access and use the Property as a result of my access and use of the Property.

Acknowledgment and Understanding

The Guest has read this description of inherent risks, waiver of liability and indemnity agreement and acknowledge, represent & warrant that the Guest understands that The Guest is giving up substantial legal rights, including the right to sue, and that (1) the Guest is doing so voluntarily and (2) the Guest is of 18 years or older and of sound mind, or if under 18, have discussed fully with Guest’s parent or guardian. The Guest further agrees and acknowledges that by checking the Terms of Service Box on the VHA booking webpage constitutes a complete assumption of the inherent risks of this event.