Release of Liability
This Release (this “Release”) is being provided by me in connection with the cancellation of my STFU 2020 reservation (my “Reservation”) and the credit of my Reservation towards the OCEAN VIEW room prices, resort fees and taxes for a stay at the FONTAINEBLEAU MIAMI BEACH from Monday, March 16 – Friday, March 20 (the “Credit”).
In consideration therefor and for other good and valuable consideration, I, for myself and for my heirs, personal representatives or assigns, do hereby irrevocably release, waive, discharge, hold harmless and agree to indemnify STFU, and its owners, members, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, damages, liability and/or losses arising from my Reservation and/or the Credit, including, without, limitation pursuant to any agreement entered into by me with STFU and/or otherwise.
I understand and agree that the Credit is being issued to me upon the express condition that neither STFU nor its owners, employees, officers or agents shall be liable or responsible for any act of any third party, such as operators of aircraft, trains, motor coaches, private cars, cruise vessels, boats, ships or any other conveyance, hotels, sightseeing excursions, activity promoters, local ground handling vendors, etc. which are to supply any goods or services related to my Credit.. I further understand that STFU neither owns nor operates such third-party suppliers and vendors, and accordingly I expressly agree to seek remedies directly and only against those third parties and not seek any such remedy from or recover damages from STFU for such third parties’ acts or omissions. Without limitation, STFU is not responsible for, and I expressly release and discharge STFU from, damages and/or other liabilities that I may sustain arising from or relating to any acts of others, related to the Credit or for acts of god or force majeure, weather emergencies, breakdown, or failure of mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of medical care or the adequacy of the same, criminal activity of any kind, threat of terrorism, terrorism, war, civil disturbance, fire, sanitary conditions, quality or sanitation of food, quarantine, customs regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels or other accommodations. I agree not to sue STFU (or any of its members, employees and agents) for any loss, cost, liability or other damages that I have or may have or may sustain by reason of such third party’s acts or omissions (or the acts and/or omissions of such third party’s employees, agents and contractors).
I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future against STFU and its owners, officers, employees, agents, contractors or subcontractors or any claim discussed or referenced herein.
I agree that if any term set forth in this Release is found to be unenforceable, all other terms set forth in this Release are severable from the terms that are invalidated, and the remaining terms shall be and continue to be in full force and effect.
In the event of any inconsistency or conflict between the terms of this Release and any terms or conditions otherwise applicable to the Reservation, the terms of this Release shall prevail. To the extent that there is not any inconsistency between this Release and any other release previously signed by me in favor of STFU, then the terms of such release shall continue to apply and be unaffected by the terms of this Release.
Should any dispute arise under the terms of this Release, I agree that the venue for said action shall be in Miami-Dade County, Florida.
I AGREE THAT ARBITRATION IS MANDATORY FOR ANY CLAIM THAT I MAY HAVE ARISING FROM THIS RELEASE, THE RESERVATION OR THE CREDIT AND/OR ANY CLAIM RELATING TO THIS RELEASE OR FROM ANY DISPUTE CONCERNING, RELATING, OR REFERRING TO THIS RELEASE, THE RESERVATION, THE CREDIT, STFU’S BROCHURES, WEBSITE AND/OR ANY OTHER LITERATURE CONCERNING MY RESERVATION OR THE CREDIT; AND THAT ALL SUCH CLAIMS 0R DISPUTES THAT I HAVE OR MAY HAVE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION TO BE HELD AND CONDUCTED IN THE COUNTY OF MIAMI-DADE OF FLORIDA, ACCORDING TO THE THEN EXISTING COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). SUCH PROCEEDINGS WILL BE GOVERNED BY SUBSTANTIVE FLORIDA LAW, EXCEPT THAT NEITHER PARTY SHALL HAVE THE RIGHT TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE AAA CODE). Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against STFU, its owners, members, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever and the award of the arbitration may not grant any such relief. No joinder or consolidation of your Claim with another person’s claim or a class of persons’ claim is allowed. This arbitration provision shall survive the termination of this Release for any reason.
ACKNOWLEDGEMENT: BY SIGNING BELOW IT INDICATES THAT I HAVE, ON THE DATE SHOWN, READ AND UNDERSTOOD THIS RELEASE I ACKNOWLEDGE THAT IT AFFECTS AND LIMITS MY LEGAL RIGHTS AND THAT I HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE TO REVIEW THESE TERMS AND LIMITATIONS ON MY RIGHTS BEFORE ACCEPTING ITS TERMS.
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Document Name: Release of Liability
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