Indemnification, Release, and
Waiver of Liability
This document governs access to, occupancy of, and use of property, facilities, vehicles, equipment, and services provided or maintained by the Dewees Island Property Owners Association. Please read in full before your visit.
By booking or accessing POA property, facilities, vehicles, equipment, or services, you, in exchange for and in consideration of permission to access, occupy, or use property, facilities, vehicles, equipment, and services provided or maintained by the Dewees Island Property Owners Association ("POA"), HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, INDEMNIFY, AND COVENANT NOT TO SUE the POA, its directors, officers, agents, employees, contractors, volunteers, owners, representatives, heirs, successors, and assigns (collectively, the "Released Parties"), on behalf of yourself, your guests, invitees, children, family members, service providers, contractors, subcontractors, heirs, assigns, personal representative(s), and estate, from any and all liabilities, claims, demands, actions, damages, costs, or causes of action of any kind, whether caused by ordinary negligence or otherwise, arising out of or in any way connected to your or your guests' use of:
- Suites, accommodations, or community facilities (including the Huyler House, pool, courts, docks, and nature center)
- Golf carts, bicycles, boats, or any other vehicles or equipment rented, borrowed, or operated on the island
- The ferry or other forms of transportation to, from, or around the island
- The island's roads, beaches, waterways, trails, and natural areas (collectively, the "Premises")
You agree to comply with all POA rules, regulations, and policies regarding the use of accommodations, carts, equipment, facilities, ferry service, and the Premises. You acknowledge that your right to access or use POA property or services is conditioned upon such compliance.
You understand and acknowledge that use of the Premises entails known and unknown risks, including but not limited to: slips, trips, and falls; wildlife encounters; adverse weather; ferry or boating hazards; golf cart or vehicle operation; equipment malfunction or misuse; and limited or delayed access to emergency medical services.
You voluntarily assume full responsibility and risk for injury, death, illness, or property damage to yourself, your guests, and your property.
You agree to indemnify, defend, and hold harmless the POA and the Released Parties from and against any and all claims, judgments, damages, losses, liabilities, attorney's fees, and costs arising from your actions, omissions, or those of your guests, invitees, or contractors.
If the POA must incur attorney's fees or costs to enforce this Agreement or defend against claims related to your or your guests' use of the Premises, you agree to reimburse the POA for all such fees and costs.
This release, waiver, and indemnification shall be binding upon you, your heirs, executors, administrators, personal representatives, successors, and assigns, and shall survive your stay, visit, or departure from the Premises.
If you are signing on behalf of a minor child, you certify that you are the child's parent or legal guardian and that you consent to this waiver on their behalf.
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By booking, accessing, occupying, or using POA property, facilities, vehicles, equipment, or services, you acknowledge that you have read, understood, and voluntarily accepted these terms and conditions, including the assumption of risk, release of liability, waiver, indemnification, and covenant not to sue provisions contained herein. You further acknowledge that this is a legally binding agreement governed by the laws of the State of South Carolina, with jurisdiction and venue exclusively in Charleston County.