ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
1. Definitions. The person who is participating in the Activity as defined below shall be referred to hereinafter as “Participant.” “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means SunWater Spa, Sunwater Ventures, LLC and any of their respective successors in interest, affiliated organizations and companies, owners, insurers, agents, employees, representatives, assignees, officers, directors, and members. The “Activity” means taking part in or participating in any activity offered by Released Parties or their affiliates, including but not limited to: hot tubs, saunas, massage services, body treatments, skin care treatments, yoga workshops, traveling to and from Activity site(s), and activities on or the use of facilities of Released Parties.
2. Risks of Activity. Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH TO THE PARTICIPANT AND OTHERS. Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the Activity include, but are not limited to: injury, emotional distress, death, slipping, falling, tripping, lack of or negligent instruction and communication, negligent medical attention or lack of equipment, defective equipment, misuse of equipment, negligence or poor decisions of employees and agents of SunWater, changing conditions, changing weather, Participant’s health and physical condition, known or latent health conditions, including cardiac conditions, mental distress or panic from exposure to any one of the above, and misunderstanding or underestimation of risks and abilities. In addition, risks specific to hot tubs, saunas, massages, body treatment, skin care and yoga include, but are not limited to: heat discomfort, heat stroke, hyperthermia, dehydration, exhaustion, drowning, dizziness, headaches, skin rashes, fainting, nausea, burns, extreme physical demands and exertion, excessive sweating, illness from infections or parasites, bruising, nerve injury, bone fractures, blood clotting, physical touch, allergic reactions, claustrophobia, muscle sprains, strains and tears, loss of balance, falling, overstretching, and exacerbation of pre-existing injuries and chronic pain problems.
UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND INCLUDE OTHER RISKS.
3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as follows:
(a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to, claims of negligence, negligence per se, negligent misrepresentation, products liability, all other tort claims, premises liability, breach of warranty, breach of fiduciary duty, statutory violations, breach of contract and wrongful death.
(b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, costs, property loss, medical bills, loss of income, expenses, attorney’s fees, liens, subrogation rights, and all other damages of any kind or nature whatsoever, and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of or related to Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.
(c) Assumption of Risk. Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to, the acts, omissions, representations, carelessness, and negligence of the Released Parties. Undersigned acknowledge that participation in the Activity is voluntary and that the Undersigned can choose not to participate in the Activity. Undersigned also acknowledge that Participant is physically and mentally capable of participating in the Activity, yet there is a possibility that Undersigned may underestimate his/her own abilities and may have physical or mental conditions that may increase chances of injury or death. By signing this document, Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE TO PARTICIPATE AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT KNOWN, DESCRIBED ABOVE, INHERENT, OR OTHERWISE.
4. Minor Acknowledgment and Participation. Undersigned parent or legal guardian agrees and understands that in order for a minor to participate in the Activity, the minor MUST be at least 14 years of age, be accompanied by an adult, and meet the minimum height requirement of 42”. In the case of a minor Participant, Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf but is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents he/she is at least 18 years old. If signing as the parent or guardian of a minor Participant, signing adults represent that they are the minor’s legal parent or guardian.
5. Medical Representations. Undersigned agrees and understands that the Participant is responsible for their own health, and that the Released Parties are not health care practitioners and cannot be expected to diagnose or treat individual health problems. Undersigned agrees and understands that Participant is responsible for communicating concerns regarding their health and to cease participation in the Activity if health-related symptoms arise. Undersigned agrees that by choosing to participate in the Activity, Participant warrants that to the best of their knowledge, they do not have a physical or mental condition which should prevent participation in the Activity. If Participant has reason to believe that medical clearance must be obtained prior to participation in the Activity, Participant agrees to obtain such medical permission from a physician prior to participation. Participant agrees to inform the Released Parties if the Participant is pregnant or has a physical or mental condition so that accommodations may be made if possible.
6. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed and it is possible to call for medical care for Participant or transport Participant to a medical facility or hospital. Undersigned agree to pay all costs associated with such medical care and related transportation.
7. Prohibited Activity. Undersigned agrees and understands that the following activities is strictly prohibited at the facility and any violations may result in removal from the premises without refund: Possessing, using, or being under the influence of drugs, alcohol, and/or tobacco; possessing a firearm; possessing a glass container; sitting on the edge of hot tubs, any other unsafe or unlawful activity.
8. Audio and Video Recordings. Undersigned authorizes Released Parties to conduct audio and video recording in and around the facility. Undersigned waives all rights to any claims for payment or royalties in connection with these materials. Undersigned waives any right to inspect or approve any photo, video, or audio recording taken.
9. Miscellaneous. Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction for any claim shall be the District Court of El Paso County, Colorado; (c) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR CONTRACTS, ARRANGEMENTS, COMMUNICATIONS, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO, ANY OTHER REPRESENTATIONS ABOUT THE ACTIVITY ITSELF OR SAFETY OF THE ACTIVITY; (d) Undersigned is voluntarily and fairly entering into this Agreement. Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned and/or Participant.
I HAVE CAREFULLY READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.