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Release & Waiver of Liability Assumption of Risk & Indemnity Agreement

IN CONSIDERATION OF The Wheelhouse Hotel (“WH”) allowing Guest to occupy a room at 3475 N. Clark St., Chicago, IL (the “Property”), Guest agrees that they will abide by the following Rules, which have been created for the benefit of all parties concerned:

1. Guest shall display decorum while on the Property and shall act with respect for the Property and for others on the Property.

2. Guest shall not play radios, televisions, stereo equipment or musical instruments, or make any noise, that will disturb others on the Property.

3. Guest shall not permit the Property to be used for any unlawful purpose or for any purpose that will injure the reputation of the Property.

4. Guest shall not cause or permit any damages to the property of FHJ or of any other person on the Property.

5. Smoking at the Property, including within fifteen of any exit or entrance of the Property, is strictly prohibited. A $500 fee will be assessed to any Guest found to be in violation thereof.

6. There shall be no cooking done in or about the Property.

7. Passages, public halls, stairways, landings, elevators and elevator vestibules shall not be obstructed or be used for any other purpose than for ingress to and egress from the Property.

8. WH has the right to bar individuals from the Property, and if Guest permits any barred individuals to enter the Property, WH can eject Guest from the Property. Guest is not entitled to have visitors to rooms.

9. Guest is not entitled to any rights or privileges at the property outside of the times for which a reservation has been made. If guest does not abide by the established check-in and -out times, additional fees may be charged, up to the cost of an additional night’s stay.

10. Guest shall permit WH access at all times to make reasonable inspections, repairs, maintenance, decorations, improvements and exhibitions; supply necessary or agreed services; or to determine Guest’s compliance with the provisions of this Agreement.

12. Guest agrees to observe the above Rules, as well as any further Rules established by WH, during the pendency of Guest’s stay. Should Guest fail to observe said Rules, WH shall have the right to eject Guest from the Property, and WH shall further be entitled to such rights and remedies as are provided by applicable state or local law or ordinance.

13. Guest authorizes WH to charge any credit or debit card on file for outstanding balance, damages, fees, and other incidentals.

During the pendency of Guest’s stay, Guest agrees to the following:

1. Guest assumes full responsibility for the risk of bodily injury due to any acts that occur on the Property, whether such acts are the result of the negligence or intentional behavior of Guest, WH, the Property owners, any lessors or others, while Guest is on the Property. Guest assumes full responsibility for loss of or damage to personal property due to any acts that occur on the Property, whether such acts are the result of the negligence or intentional behavior of Guest, WH, the Property owners, any lessors or others, while Guest is on the Property.

2. Guest releases, waives and discharges WH, its members, managers, directors, officers, agents and employees, the Property owners and any lessors from all liability to Guest, his or her personal representatives, assigns, executors, heirs and next of kin, for any and all claims, demands, losses or damages to Guest. Guest covenants not to sue WH, its members, managers, directors, officers, agents or employees, the Property owners or any lessors, for any claims, demands, losses or damages to Guest. Guest agrees to indemnify and save and hold harmless WH, the Property owners and any lessors from any loss, liability, damage or cost they may incur due, in any manner or degree, to the acts of Guest on the Property, whether caused by the negligence of WH, the Property owners, any lessors or otherwise.

3. This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of Guest, WH, the Property owners, any lessors or others, whether intentional or negligent, and is intended to be as broad and inclusive as is permitted by the laws of Illinois, and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

4. Guest hereby also agrees that the laws of Illinois and the jurisdiction of the courts of Cook County will govern this waiver and any claims or actions that arise from it and from Guest staying on the Property.

GUEST HAS READ AND AGREES TO THE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND DOES SO VOLUNTARILY AND WITH THE UNDERSTANDING THAT CONSIDERABLE RIGHTS ARE BEING GIVEN UP. GUEST FURTHER ACKNOWLEDGES THAT FAILURE TO WITNESS OR NOTARIZE THIS AGREEMENT SHALL NOT AFFECT ITS VALIDITY.

 

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