PATC COVID-19 ADDENDUM
AND SUPPLEMENT TO CABIN RENTAL AGREEMENT
IMPORTANT: These terms contain important provisions by which you agree: to assume risks related to COVID-19 and the COVID-19 Pandemic (as defined below) and to indemnify PATC for claims against PATC involving COVID-19 that arise from your occupancy of the cabin to be rented. By renting a cabin, you are deemed to have read and understood this addendum.
This COVID-19 Addendum (the Addendum) is an addendum to the Cabin Rental Agreement between the Potomac Appalachian Trail Club (“PATC”), and the undersigned Renters, and this Addendum is fully incorporated by reference and fully made part of the Agreement and is subject to the terms and conditions therein.
In consideration of the mutual promises and agreements contained in the Cabin Rental Agreement, and for other good and valuable consideration, the sufficiency of which is acknowledged, the Renter acknowledges and agrees as follows:
- Definition of COVID-19: COVID-19 refers to and shall mean the new highly contagious respiratory illness caused by a novel coronavirus that was first detected in December 2019 in Wuhan City, Hubei Province, China, and has since spread to more than 100 countries and territories, including the United States of America, resulting in the declaration on March 11, 2020 of a global pandemic (“COVID-19 Pandemic”) by the World Health Organization and the declaration of a National Emergency by the United States Government on March 13, 2020.COVID-19 is also known by other names, including, without limitation, Coronavirus Disease 2019, severe acute respiratory syndrome coronavirus 2 and/or SARS-CoV-2 (collectively, “COVID-19” hereinafter).
- Renter’s Representation and Warranty: Renter represents and warrants to PATC that Renter, including without limitation Renter’s invitees, guests, and other occupants, are not infected with COVID-19, and have not within the last fourteen (14) days experienced any fever, cough, respiratory symptoms, or other physical symptoms consistent with COVID-19.
- Assumption of All Risks of COVID-19 and COVID-19 Pandemic: Renter understands and acknowledges that COVID-19 is a new disease that poses risk of serious injury or death. The method(s) by which it spreads, the severity of the illness it causes, the extent to which it may spread in the United States, and how to test for the presence of COVID-19 are not fully understood as of the date of this Addendum. PATC makes no representation or warranty with respect to COVID-19 and the premises to be rented pursuant to the Cabin Rental Agreement. Risks associated with COVID-19 include, without limitation: the risk of transmission of COVID-19 to Renter, including without limitation, that Renter’s invitees, guests, or other occupants, as a result of occupying the premises to be rented pursuant to the Cabin Rental Agreement, creating risk of injury, illness (including death) to persons and/or property. Risks associated with the COVID-19 Pandemic include, without limitation: (i) the risk that the COVID-19 Pandemic may result in restriction or unavailability of the premises to be rented pursuant to the Cabin Rental Agreement, and/or facilities or amenities offered in conjunction therewith due to (a) voluntary quarantines resulting from actual and/or potential COVID-19 infections among PATC’s employees, agents, subcontractors, and/or suppliers; (b) the issuance of shelter-in-place, shutdown, quarantine, stay-at-home, closure and/or similar orders by the Federal, State, and/or Local government(s) and/or agencies thereof relating to COVID-19, and/or(b) other events or circumstances involving COVID-19 that are beyond the Contractor’s control (collectively “COVID-19 Delays”). Renter expressly agrees to assume the risks described above.
- Indemnification of PATC: To the fullest extent permitted by applicable law, Renter shall indemnify, hold harmless, and defend PATC, including without limitation its officers, members, affiliates, subsidiaries, parents, successors, assignees, employees, agents, consultants, contractors and attorneys) from and against all claims, losses, claims, costs, expenses, causes of action, damages, and/or liabilities, including without limitation reasonable attorney’s fees and costs, by reason of injury (including death) to persons or damage to property relating to COVID-19 that arise out of and/or are related to Renter’s occupancy of the premises to be rented under the Cabin Rental Agreement, except to the extent caused solely by or resulting solely from the negligent acts or omissions by PATC. This indemnification shall survive termination of the Agreement and completion of the Work.
- Severability: In case any provision in this Addendum shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.