TERMS AND CONDITI0NS

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

 

In consideration of the use of the Sandcastle Villa and/or Sandcastle Beach House, to the fullest extent permitted by law, I agree to defend, indemnify, and hold harmless Sandcastle CJPG LLC, Sandcastle Beach House Ltd and Leviticus Lifestyle (“together the Releasees”), its directors, officers, employees, and agents from and against any and all loss, expense, damage, claim, demand, judgment, fine, charge, lien, liability, action, cause of action, or proceedings of any kind whatsoever whether arising on account of damage to or loss of property, personal injury, emotional distress, or death (directly or indirectly) in connection with my personal use of  Sandcastle Villa and/or Sandcastle Beach House and also its courtesy vehicles, dinghy, bicycles, kayaks, paddle boards or other assets owned by the Releasees.  This agreement is for myself and any other guests, family members or other invited residents during my stay at Sandcastle.  If there is more than one paying Renter, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other guest.

 

I understand and agree that:

 

• I will keep the rental premises secure and will insure all doors and windows are secured at all times.

• The Sandcastle Properties are not child-proof and children should always be supervised by an adult.  The swimming pool is shallow and no diving is allowed and all traffic in and around the pool is at guest's own risk. There is no lifeguard or other safety personnel provided by Releasees for any water activities both in the pool and ocean.  These are beach properties and the ocean can become dangerous very quickly. Children can easily fall off balconies.

• If any of the water equipment is utilized such as kayak, paddle board, snorkeling gear, bikes etc, it is your responsibility to make sure the equipment is in good working condition and safe for use.  Renter represents that he/she is capable of safely operating and handling the Equipment. The equipment is provided as a courtesy and should not be assumed to be reliable.  It is highly recommended that you hire a professional activity manager which can be provided by requesting from the concierge service.  RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM.  

• The Releasees are not responsible for any services arranged by third party providers

• If I choose to use any Villa or Beach House “courtesy vehicle” that I will be responsible for designating the  drivers.   I am responsible to obtain sufficient automobile insurance by means of my own personal policies and must obtain a local driver’s license.  My designated drivers are the only people authorized to drive the courtesy car and agree to operate said motor vehicle with reasonable care and diligence and to comply with all local ordinances and law with regards to the operations of said motor vehicle.  The courtesy vehicles are used and not in perfect condition. 

• The releasees are not liable with respect to any injuries or loss damage caused by Force Majeure (e.g. strikes, flood, airport closure, adverse weather conditions, wars, riots, terrorist activity, fire, etc.)  All such losses are the responsibility of the guests.

• If a problem occurs  with the property, the guests must immediately (within 24 hours)  notify the Management Company (Leviticus) and allow the Management Company an opportunity to remedy the problem during the rental;  Failure to do so will void any claims following the rental period. The Management Company does not accept liability for any inconvenience arising from any temporary fix or stop of supply of utilities, including but not limited to water, gas, electricity, telephone or Internet. Vacating the property without authorization does not constitute an adequate cause for a refund.

• Renter or Renter’s guests personal property, including vehicles, are not insured by Releasees against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Releasees recommend that Renter carry or obtain insurance to protect Renter, and Renter's guests and their personal property from any loss or damage.

• Removing any items from the premises is strictly prohibited. Rearranging or moving furniture or the decor is not permitted . Willful damage to the property,  disturbing the peace of the community, or breaking local laws may place the guests in violation of this agreement and subject to possible eviction. Should the guest cause any damage to the premises, furniture, fixture, vehicle, bicycle, or household items (aside from normal wear and tear) the guests agree to reimburse Owner at full replacement value.

• Any missing household items (keys, remotes,  towels, decorations, etc…)  are also the responsibility of the guests and loss or breakage will be billed accordingly and the cost of the damages will be charged to your credit card or held back from security deposit once assessed. 

• Renter agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If Releasees consults or engages legal counsel or a professional collection service, for collecting any amounts due to Releasees under this Agreement, Renter shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.

•  If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by it’s severance hereof. 

 

This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.  This Agreement shall be governed and interpreted in accordance with the laws of Anguilla and any legal actions involving the Releasees shall be brought within the Country of Anguilla.

 

I HAVE READ AND UNDERSTAND THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING.  THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND THAT I WILL INDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.

 

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EXHIBIT B

ADDITIONAL RENTAL TERMS

 

The team at Sandcastle Villa and Beach House (SV&B), its ownership Sandcastle CJPG LLC (SCJPG) and the management company (Leviticus) is looking forward to your visit and working hard to ensure a fantastic stay for everyone in your group. The safety of your group, collectively “Guest”, and our staff is our top priority.

As part of our precautions for your safety, we ask that you agree to the following additional rental terms:

 

1. Guests warrants that all members of your group carry/will carry adequate insurance to cover any medical expenses you may face should anyone fall ill or be injured while traveling abroad – including provisions for Covid-specific treatment.

2. Guests agree that they travel to Anguilla and use the facilities of SV&B at their own risk and agree not to hold Sandcastle CJPG, LLC, Sandcastle Beach House Ltd,   its managers, directors or employees  liable should anyone in their group become ill with Covid-19.

3. Guests agree that each member of their party has taken a diagnostic Covid-19 test prior to arrival, and will provide a negative report of the same, in accordance with the Government of Anguilla requirements..

4. Guests agree to follow all Government protocols for testing, quarantine and other procedures (“Protocols”). These Protocols may change with short or no notice. Guests will not hold SV&B liable should these Protocols affect their trip in any way.

5. Guests agree that should any member of their party be suspected or confirmed to have Covid-19, the management of SC&B will follow all procedures set by the Government and that guest(s) will comply.

6. Guest understands and agrees that while the SV&B team will make all efforts to limit any compromise on our service, based on Government safety protocols, and our own internal policies, certain social distancing and safety protocols may be implemented at the resort.  A summary of our operational protocols will be provided to Guest separately, but guest agrees and understands that these are subject to change with little or no advance notice. .

7. Should the Guest want or need to extend their stay for any reason, including for reasons beyond their control and of force majeure, the same per night rate will apply for any extensions – and guest agrees to pay for any such extensions in advance on a weekly basis.   Should alternative lodging be required for any reason, SV&B Management team will assist with finding alternative options.

8. SV&B Staff will increase the frequency of cleaning and disinfecting certain high touch items and surfaces  on the property and take other additional precautions for the safety of the guests and staff. Should guests have any special requests for increasing or loosening these protocols our team will make all efforts to do so provided the safety of the guests and staff are not compromised and all Government mandated policies are followed. Should these special requests incur cost to SV&B, Guest agrees to cover these costs provided they are first approved by the Guest.  

9. All other terms are outlined in the rental agreement.