SELF-TOUR RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Release, Indemnification and Hold Harmless Agreement (“Agreement”) is
executed and made effective as of the date set forth below (the “Effective Date”) by the
RELEASOR(S), as identified below, in favor of and for the benefit of OWNER and
MANAGER, as identified below, and all of OWNER’S and MANAGER’S officers,
directors, shareholders, partners, members, managers, employees, agents and
representatives and all other persons or entities acting on their behalf (collectively the
“RELEASED PARTIES”). RELEASOR(S) and the RELEASED PARTIES shall
collectively be referred to as the PARTIES.
IN CONSIDERATION of RELEASOR(S) being permitted to self-tour one or more
residential apartment units (the “Dwelling Units”) owned by OWNER and managed by
MANAGER (the “Activity”) without being accompanied in person by an
OWNER/MANAGER representative, and for other good, valuable and legal
consideration, the receipt and sufficiency of which are acknowledged, the PARTIES agree
as follows:
1. Assumption of Risk. RELEASOR(S) acknowledge the Activity may
expose RELEASOR(S) to certain risks, including possible exposure to Coronavirus (some
of which RELEASOR(S) may not fully appreciate) and that injury, death, property damage
or other harm could occur to RELEASOR(S). RELEASOR(S) is voluntarily participating
in the Activity with knowledge of the risks, hazards, and other dangers involved.
RELEASOR(S) hereby accepts any and all risks of injury (including death) to
RELEASOR(S) arising out of or in any way connected with the Activity.
2. Release. RELEASOR(S) hereby waives, releases, and forever discharges
any and all claims for damages for personal injury, death, or property damage which
RELEASOR(S) and/or RELEASOR(S) children, heirs, executors, assigns, parents,
personal representatives, or estate may have or which may hereafter accrue as a result
of participation in the Activity.
3. Indemnification. RELEASOR(S), to the fullest extent permitted by law,
shall indemnify, hold harmless, protect and defend the RELEASED PARTIES from and
against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and
expenses, including (but not limited to) attorney fees, arising out of or resulting from the
negligence, gross negligence or misconduct of RELEASOR(S) in connection with
participation in the Activity. Should any such claim, demand, or lawsuit arise or be
asserted in any way whatsoever related thereto, whether arising under the laws of the
United States, any state, or under any theory of law or equity, RELEASOR(S) will
indemnify, hold harmless and defend the RELEASED PARTIES from any and all costs,
expenses, or liability including but not limited to the cost of any settlement or judgment
made or rendered against the RELEASED PARTIES.
4. Financial Responsibility. In the event that RELEASOR(S) should require
medical care or treatment for illness or injury sustained as a result of participation in the
Activity, RELEASOR(S) agrees to be financially responsible for any costs incurred as a
result of such treatment. RELEASOR(S) represents that adequate health insurance is in
effect to cover any injury or illness suffered or damage caused while participating in the
Activity.
