WELCOME TO GUANA ISLAND

Welcome to Guana Island (the “Island” or “Guana”). We hope that you and your Companions will enjoy the Island’s natural beauties and Amenities. We have endeavoured to preserve this beauty but ask guests to recognise that there can be aspects of the Island that will present risks to visitors. For this reason, we require all our guests to agree the terms of the waiver and release of liability set out below. We encourage all guests to exercise caution during their visit and hope that you have a safe and enjoyable stay with us.

You agree that you are solely responsible for your safety and that of any Companions while on the Island, and that your use of the Island and its Amenities is at your sole risk. The term “Companions” includes minors and any other person for whom you are legally responsible. “Amenities” means, without limitation, the Island, its facilities, natural environment, transportation to, from, and within the Island, and all related activities including Activities and Services as defined in the Company’s terms and conditions.

You acknowledge that the Island includes natural and man-made conditions that may pose risks of injury or harm. You understand that it is your responsibility to exercise caution and use reasonable judgment while on the Island.

You also acknowledge that medical care and evacuation may be unavailable, limited or delayed, and that there may not be a physician or other medical personnel at Guana in the event of an emergency. If the Company, in its sole discretion, elects to advance or arrange payment for emergency medical care as well as transportation and/or lodging in connection therewith, Guests agree to reimburse the Company for all such costs promptly upon demand.

You further acknowledge and agree that by entering Island and using the Amenities, you voluntarily assume all risks, whether known or unknown, including (but not limited to) those described below.

1. Boating: Use of boats involves serious hazards including but not limited to collision, capsizing, striking submerged objects, falling overboard, and drowning. Personal flotation devices must be worn at all times.
2. Hiking Trails: Trails may be steep, rocky, and uneven, and may expose you to risks including slips, trips, falls, encounters with wildlife, and sudden changes in weather. Proper footwear is required. Hiking alone is not recommended.
3. Steps and Uneven Paths (Not ADA Compliant): Certain walkways, steps, and paths on the property are uneven, irregular, and not compliant with the Americans with Disabilities Act. Surfaces may become slippery when wet. Extra caution is required at all times.
4. Watersports Without Lifeguard on Duty: Swimming, kayaking, paddle boarding, snorkeling, and similar activities are unsupervised. There are no lifeguards on duty. Participation carries risk of injury, exhaustion, or drowning. You must wear flotation devices and never swim alone.
5. Private Pools Without Lifeguard: Private pools are available for Guest use without lifeguard supervision. Drowning and other water-related injuries may occur. Children must be supervised by a responsible adult at all times.
6. Golf Cart Usage: Golf carts may be operated on steep terrain, including up and down hills, and carry risk of collision, overturning, or ejection from the vehicle. Operation is prohibited by minors and by any person under the influence of alcohol or drugs. Seatbelts must be worn where provided.
7. Steep Terrain: Portions of the property are located on steep slopes and rugged terrain. Walking, driving, or engaging in activities on such terrain involves risks of slips, falls, or loss of control of vehicles or carts.

You acknowledge and agree that your use of the Island and its Amenities are at your own risk. You expressly and voluntarily assume all responsibility for your own safety and any injuries or damage (including illness, disability, emotional trauma, damage to property, serious bodily injury, and/or death) that may result in connection with your use of the Island and its Amenities, including those not foreseeable. You acknowledge and agree that Guana Island Hotel Corporation (the “Company”) and its directors, officers, members, partners, employees, representatives, agents and beneficial owners (together, the “Released Parties”), shall in no event be liable for any loss, damage, injury or death suffered by any person or property, however caused (including, without limitation, the sole or joint negligence of any Released Party) during your stay on the Island, your use of any of the Amenities or otherwise in connection with any services or products provided by us or our business partners.

You, on behalf of yourself and your personal representatives, successors, heirs, next of kin, and assigns, hereby fully release, waive, discharge and covenant not to sue the Released Parties from any and all claims, demands, losses, damages or liabilities arising from or in relation to the foregoing.

You agree to indemnify and hold harmless the Released Parties from and against any and all claims, demands, fees, causes of action, liabilities, losses, damages, injuries (including death), costs, and expenses (including reasonable attorneys’ fees and costs), by whomsoever made, arising out of or connected in any way, directly or indirectly, with your use of the Island and Amenities.

You agree that any dispute or claim arising out of or in connection with this waiver and release of liability or otherwise in connection with your visit to the Island shall be governed exclusively by the laws of the British Virgin Islands (without regard to conflict of laws rules), and shall be settled by arbitration in accordance with the BVI IAC Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Road Town, Tortola, Virgin Islands, unless the Parties agree otherwise.

You also agree that the maximum aggregate liability to you shall under all circumstances be capped at and limited to the total amount of fees paid or incurred by you to the Company in connection with your stay on the Island.

If any provision of this waiver and release of liability is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of this waiver and release of liability. If any provision of this waiver and release of liability is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of the provision was deleted or modified, the provision in question shall apply with such deletions and modifications as may be necessary to make it legal, valid and enforceable.

By your signature below, you confirm that you are of lawful age and legally competent to sign this waiver and release, for yourself and your Companions, if any, and that you have read and understand the foregoing in its entirety and agree to the terms and conditions attached to your stay on the Island and your use of any of the Amenities set out above.