Premise Release Form

In consideration of permission granted to the undersigned (“Visitor”) to enter the real property owned by Swire Jadeco LLC and Swire Brickell Key Hotel Ltd., together with each of their related and affiliated companies, subsidiaries, majority-owned joint ventures, affiliates and its designated agents (if any), including but not limited to the developer(s) of The Residences at Mandarin Oriental, Miami (collectively referred to herein as “Owner”), located at 500 Brickell Key Drive in Miami, Florida, whereon the project known as The Residences at Mandarin Oriental Miami (the "Project Site") is being constructed, Visitor understands, acknowledges, and agrees as follows:

1. There will be construction activities and regular business operations occurring at the Project Site, and Visitor expressly accepts the risk of entering the Project site during this time. Visitor is fully aware of the risks and hazards connected with being on or present at the Project Site. The Project Site is an active construction site and entry upon the Project site may expose those present to dangerous conditions, risks and hazards, whether visible or concealed, known or unknown. This is not intended to be a complete and/or exhaustive list, and other risks associated with the Project Site, known or unknown, identified or unidentified, may result in personal injury, death, and/or damage to property. Visitor expressly assumes any and all risks of injury, including death, or damage or loss to property arising out of or related to Visitor’s access upon, visit to, and use of the Project Site.
2. Visitor shall, to the fullest extent permitted by law, release, forever discharge, indemnify, defend, and hold harmless Owner and Moss & Associates, LLC., together with each of their respective officers, members, directors, employees, agents, independent contractors, representatives, parent companies, subsidiaries and affiliated entities and each of the contractors, subcontractors, suppliers, and vendors who may be performing work or providing labor, services, and/or materials at the Project Site (collectively, the “Releasees”) from and against any and all claims, liabilities, causes of actions, costs and expenses, including, without limitation, attorney’s fees, which Visitor or Releasees now have or can, shall, or may have because of personal injury, death, or damage to property arising out of or in connection with Visitor’s presence on or about the Project Site or which Visitor may suffer while on said real property.
3. No representation or warranty with respect to the condition of the Project Site, or the fitness or suitability of the Project Site, has been made.

Visitor further acknowledges and agrees that Visitor (a) has requested permission to visit the Project Site; (b) has executed this Project Site Visit Release as a condition of, and in consideration for, being permitted to visit the Project Site; (c) shall comply with all safety rules and requirements of the Project Site; and (d) agrees that this Project Site Visit Release applies to each and every time that Visitor enters, visits, walks-through, and/or tours the Project Site.