95-99 Elmwood Street, Cambridge, Massachusetts (the “Site”) is an active construction site and as such has inherently dangerous conditions. No person shall be allowed on site unless they are accompanied by a duly authorized agent of 95-99 Elmwood Street LLC (the “Owner”). In consideration for being permitted access to the Site, you must sign and acknowledge this Visitor Release and Waiver of Liability (this “Release”). By signing below, you, on your own behalf and on behalf of your invitees, heirs, successors and assigns hereby:
1. Acknowledge that the Site is an active construction site and as such it has inherently dangerous conditions that involve certain risks, including the risks of bodily injury, disability, death and/or property damage. By accessing the Site, you voluntarily and freely assume all risks and dangers that may occur to you, including the risk of bodily injury, disability, death and/or property damage.
2. Fully and forever discharge, release and grant a complete waiver of liability towards and in favor of Owner, Senné Development, LLC, SGL Development Inc., Essex Builders, Corp. and their respective contractors, subcontractors, vendors, members, managers, employees, agents, affiliates, successors and assigns (collectively, the “Released Parties”), from and for any and all injury, death, disability, damages, liabilities, claims, demands, losses, causes of action, expenses and/or costs (including, without limitation, attorneys’ fees and disbursements) (collectively, the “Losses”) sustained, attributable or relating in any manner to your access to or presence at the Site, whatever cause.
3. Agree to assume the responsibility and liability for any Losses and agree not to sue the Released Parties, initiate or assist in the prosecution of any Losses.
4. Defend, indemnify and hold harmless the Released Parties from and against any third party Losses, actions, suits, judgments, settlements, awards, interest, or penalties of any kind sustained by reason of or arising out of access to or presence at the Site.
5. Agree that this Release extends to all acts of negligence by the Released Parties, and is intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Massachusetts and that if any portion thereof is invalid, agrees that the balance shall, notwithstanding, continue in full legal force and effect.
6. Agree to follow all safety instructions and directions provided by Owner or its agents at the Site.
BY SIGNING BELOW, I AGREE AND ACKNOWLEDGE THAT I (I) HAVE READ THIS RELEASE, (II) UNDERSTAND THAT I AM WAIVING IMPORTANT LEGAL RIGHTS BY SIGNING THIS RELEASE, (III) UNDERSTAND THAT I AM ASSUMING THE RISK OF INJURY TO PERSON AND PROPERTY BY MY PRESENCE ON THIS SITE, AND (IV) HAVE SIGNED THIS RELEASE VOLUNTARILY WITHOUT ANY INDUCEMENT AND ASSURANCES.