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 this SAFETY NOTICE, WAIVER AND RELEASE without limitation 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.
• Guests with in-room pools assume all risks associated with pool usage. Diving and jumping into pools are prohibited.
• 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 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 or other persons 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 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: This includes but is not limited to resort activities and off-site tours, transfers, and excursions involving third parties*, which have inherent risks that may result in loss, damage, injury, illness, or death. Your participation in such activities is entirely voluntary. By participating, you agree to assume all related risks. The Resort shall not be liable for any loss, damage, illness, injury, or death whatsoever resulting from these activities.
• On-site Activities: This includes fitness classes, yoga, biking, sports, gym, dancing, and all other activities available at the resort. These activities have inherent risks. You agree to read, understand, and adhere to all safety signage and instructions, and to exercise due care and caution when engaging in any such activities. By participating, you assume any related risks.*Third-Party Suppliers Disclaimer: Please note that our resort arranges some services, such as transportation and off-site activities, through independent contractors known as third-party suppliers. The general disclaimer regarding these third-party suppliers, detailing our resort’s lack of liability for their services, is available in full on our website. There exists no relationship of Master and Servant or agency between Anse Chastanet Hotel (SYCUM) Limited, including Jade Mountain and Third-Party Suppliers.

GOVERNMENT LICENSED BEACH VENDORS

The Government of Saint Lucia through the National Conservation Authority (NCA) issues beach vendor licenses without consultation with the Resort. These beach vendors therefore operate independently from and are not accountable to the Resort. Such vendors may offer merchandise or land- and sea-based excursions. They are to display their license, which details the service they are authorised to offer.

You agree that your use of these services is AT YOUR OWN RISK and you agree to assume all related RISKS. The Resort shall NOT be liable for any loss, damage, harm, illness, injury or death whatsoever, resulting from engagement or activities with such vendors.

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 PARTY 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 recitals, that this instrument is a legally binding document and that you have signed such by your own free act.