The Company’s Responsibilities and Exemptions:
The Company does not accept any responsibility for the acts or omissions of the Client, the villa owner or any other third parties. The Company shall not be liable for any neglect, default, or failure on the part of the villa owner, its servants or representatives.
Issues During Stay:
The Company must be alerted by Client prior to departure of any issues during stay.
Disputes:
This agreement shall be governed by the laws of the British Virgin Islands. Any dispute arising out of or in connection to this agreement shall be subject to arbitration, in accordance with the BVI International Arbitration Centre Arbitration Rules 2021 (or whichever rules supersede/replace said rules). There shall be a single arbitrator, who shall be a senior lawyer of not less than 10 years post qualification experience, or retired judge of the Eastern Caribbean Supreme Court, selected through mutual consent. If there is no agreement as to the Arbitrator, the Registrar of the BVI International Arbitration Centre shall choose the arbitrator. The Parties further agree that any dispute arising under or in connection with this Agreement shall be treated as strictly confidential. Neither party shall disclose the existence, content, or outcome of any such dispute to any third party without the prior written consent of the other party, except as required by law or as necessary to enforce a legal right. The Client is estopped from disputing ownership of any property claimed by the Company as its own.
Indemnification:
The Client agrees to release the Company and the villa owner from, and to indemnify and hold harmless the Company and the villa owner against, any and all claims, demands, fees, causes of action, liability, loss, damages claims, injury or death, costs and expenses, including attorney fees by whomsoever made, arising out of or connected in any way with, directly or indirectly, the Client’s use of the rental villa. The Company shall be deemed to include its members, owners, officers, directors, employees, agents, representatives, successors and assigns, and the Client shall be deemed to include the Client’s invitees, employees, agents, successors and assigns and independent contractors.
General Liability Release:
Client hereby covenants and agrees that neither the Company nor any of its affiliates, subsidiaries, employees, officers, agents, or assigns (hereinafter “Released Parties”), may be held liable or responsible in any way for injury death or damages to any person that may occur as a result of Client’s participation in any land or water activity at Oil Nut Bay. The Client understands that the activities the Client may engage in while at Oil Nut Bay involve certain risks which may include but are not limited to:
- Collision with other participants, watercraft, land craft or other objects
- Client’s physical ability, ability to operate equipment and/or ability to swim
- Exposure to the elements including sunburn, heatstroke, sun poison, and/or dehydration
- Present of animal, insect or marine life
- Equipment failure or operator error
- Changing conditions including water currents, waves, wind, weather, and storms
In consideration of being allowed to partake in activities and use the facilities at Oil Nut Bay, I hereby personally assume all risks for any harm, injury or damage that may befall me while on the Oil Nut Bay premises. I further release, exempt and hold harmless the Company, its affiliated entities and the owner of the rental villa from any claim or lawsuit. I expressly assume all financial responsibility for the full and complete cost of any damage to or loss of property during any activity at Oil Nut Bay.