English

Release of Liability Waiver for Guests

Waiver and Release of Liability:

• In consideration of my use of the exercise equipment, machines, weights, pool, water slide and participation in any exercise class offered by the Old Town Hot Springs (“OTHS”) and facilities provided by OTHS, I and any minor(s) in my care expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that OTHS and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from illnesses, personal injuries (including death) sustained by me, or the minor(s) in my care in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of OTHS.  In addition to this Waiver and Release of Liability, I and any minor(s) in my care agree to execute a separate waiver and release prior to using the Climbing Wall.

• By the execution of this agreement, I and any minor(s) in my care accept and assume full responsibly for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my dependents, and I hereby fully and forever release and discharge OTHS and its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.

• I and any minor(s) in my care expressly agree to indemnify and hold OTHS harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or any minor(s) in my care and will pay all damages, costs and reasonable attorney’s fees incurred by OTHS in the event of any claim or demand.

• I agree to be solely responsible for safety and well-being of any minor(s) in my care and myself. I understand that OTHS does not provide supervision, instruction, or assistance for the use of the facilities and equipment.

• I and any minor(s) in my care agree to comply with all the rules and code of conduct imposed by OTHS regarding the use of the facilities and equipment. I and any minor(s) in my care agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.  I and any minor(s) in my care agree to comply with all local, state and federal laws while on the facility.

• I and any minor(s) in my care understand and acknowledge that the use of exercise equipment, machines, weights, pool facility and water slide as well as participation in any exercise class involves risk of serious injury, including permanent disability and death.

• I understand and agree that OTHS is not responsible for my or any minor(s) in my care property that is lost, stolen, or damaged while in, on, or about the premises.

• I understand that I am free to consult with an attorney regarding this waiver and release of liability prior to signing it.
  
  
• I hereby irrevocably release, consent, and allow OTHS and its agents to use my and any minor(s) in my care photograph/likeness/voice, as it pertains to my participation with OTHS, in any manner for promotional efforts without expectation of any reimbursement in connection with its use.

Code of Conduct:

• It is the purpose of Old Town Hot Springs to provide a safe, friendly, family atmosphere for our members and guests. It is essential to the enjoyment of our patrons that a non-threatening, pleasant atmosphere be maintained, and that the behavior of a patron is not allowed to disrupt the experience of others. To meet this goal, we have implemented the following Code of Conduct for facility usage. Please note that the staff will implement a zero-tolerance policy when dealing with any conduct and/or behavior concerns in this facility. There will be different sanctions depending on the offense.
• Anyone fighting will be automatically ejected from the facility.
• Lack of respect for Old Town Hot Springs staff.
• Not obeying posted rules in the facility.
• Abuse of any Old Town Hot Springs equipment or property.
• Theft or vandalism.
• Not paying to use Old Town Hot Springs.
• Trash talking, taunting or verbal intimidation, and foul language are not acceptable under any circumstances.
• Any action interfering with the ability of the staff to provide a safe, family environment.
• Inappropriate activity of a sexual nature will not be tolerated.
• The Steamboat Springs Police Department will be contacted for any cases which disrupt or interfere with staff decisions and actions, or for other matters in OTHS discretion.
• Thank you for your cooperation with our efforts to maintain our facility as a safe, friendly, and enjoyable place for all guests and members of all ages.

IF I AM SIGNING ON BEHALF OF ANY MINOR(S) IN MY CARE, I AGREE TO REVIEW THE OTHS CODE OF CONDUCT WITH ANY MINOR(S) IN MY CARE, AND I AND ANY MINOR(S) IN MY CARE AGREE TO ABIDE BY THE OTHS CODE OF CONDUCT.

I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND CODE OF CONDUCT, AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.