SUNMOUNTAIN CENTER and SUNWATER SPA REQUIRES THE EXECUTION OF THIS AGREEMENT FOR USE OF ITS FACILITIES
I , HEREBY WAIVE AND RELEASE, indemnify and hold harmless and forever discharge SunMountain Ventures LLC, (328, & 336 El Paso Blvd.), SunWater Ventures LLC (514 El Paso Blvd.), The Tava House (aka The Alabama House, 425 Washington Ave.), and KatsPaw LLC, or any of its owners, agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers, and trustees of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises of SunMountain Ventures LLC, SunWater Ventures LLC, The Tava House, or Kats-Paw LLC in Manitou Springs, Colorado provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
I acknowledge, agree and represent that I understand the nature of yoga, soaking, swimming, bodywork, facials, depilation, walking the meditation paths and other physical activities that revolve around these activities, may pose a risk to my body and health and that I am qualified, in good health, and in proper physical condition to participate in the activity. I further agree and warrant that if at any time I deem participation in any activity unsafe, I will immediately discontinue further participation in the activity.
I AM VOLUNTARILY USING THE SERVICES OF SUNMOUNTAIN CENTER and SUNWATER SPA WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH.
By this Waiver, I assume any risk, and take responsibility and waive any claim of personal injury, death or damage to personal property associated with my participation in the aforementioned activity. Also, by using equipment provided by SunMountain Ventures LLC, SunWater Ventures LLC, and KatsPaw LLC, I waive all claims of personal injury, death or damage associated with the use of the equipment. By signing this Waiver, I also agree to allow my photograph and or video to be taken during the activities and used in the future for marketing & promotion purposes without compensation to me.
RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person (within about 6 feet) or through respiratory droplets produced when an infected person coughs or sneezes. Current evidence suggests the novel coronavirus may remain active from hours to days on surfaces. Wearing masks, maintaining social distancing and ongoing cleaning/disinfection of surfaces is a best practice measure for prevention of COVID-19 and other viral respiratory illnesses in households and community settings. Federal, state, and local governments and their respective federal and state health agencies, have issued guidance for reopening businesses, and as these regulatory agencies learn more about COVID-19, from time-to-time, may update their guidance. This includes the number of people that may congregate in one place, and the recommendation of maintaining a record of each person’s contacts.
SunWater Spa has established preventative measures to reduce the spread of COVID-19 based upon this guidance. For a list of those measures, please check our website.
SunWater Spa cannot guarantee you will not become infected with COVID-19 and attending SunWater Spa may increase your risk of contracting COVID-19, notwithstanding these preventative measures.
CLIENT ACKNOWLEDGEMENT
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume any and all risk I may be exposed to or infected by COVID-19 while at SunWater Spa, and such exposure or infection may result in personal injury, illness, permanent disability and death. I understand the risk of becoming exposed to or infected by COVID-19 at SunWater Spa may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SunWater Spa employees, volunteers, guests, program participants and their families.
I hereby agree to assume all the foregoing risks and accept sole responsibility for any injury to myself including, but not limited to illness, personal injury, disability, death, damage, loss, claim, liability, or expense of any kind, which I may experience or incur in connection with my attendance/participation at SunWater Spa.
On my behalf, and on behalf of my heirs, I hereby agree to indemnify, hold harmless, release, covenant not to sue and discharge SunWater Spa, its employees, agents and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to my attendance/participation at SunWater Spa.
SUNWATER SPA’S ZERO TOLERANCE DRUGS, ALCOHOL, TOBACCO & FIREARMS POLICY
SunWater Spa is a 100% drug, alcohol, tobacco, smoke, and firearm free facility. For guests safety and to ensure that our facility is not exposed to items or actions that create an unhealthy environment for our guests and staff. We do not permit the smoking or use of candles, tobacco, marijuana, illegal drugs, nicotine, or any substance which can be used and/or ingested using any medium of cigars, cigarettes, e-cigarettes, vape pens, vaping appliances or cartridges, holders, diffusers, vaporizers, and/or hookahs.
Guests are encouraged to immediately notify Front Desk staff if they smell cigarettes, marijuana, alcohol, or other objectionable odors. This policy is not intended to stop people from smoking during their visit, but to regulate where they smoke due to its effects on other guests and staff. A “Designated Smoking Area” is provided outside and away from the building.
The staff of SunWater Spa has been fully trained to respond to any potential violations of SunWater’s PRPs. Any guest or potential guest who appears to be under the influence of alcohol, drugs, or any other intoxicating substance will be asked to leave the premises without receiving a refund or refused service to our Spa’s facilities.
SunWater Spa recognizes our guests may legally possess firearms or weapons for a variety of legitimate purposes. Because the safety and security of our guests are of the utmost importance, firearms or weapons of any kind are not allowed in any of the SunWellness facilities, including SunWater Spa, Tava, and SunMountain Center.
I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:
1.The potential of the participant to act in a negligent manner that may contribute to injury to the participant or others.
2. I represent and warrant that I am in good physical health and do not suffer from any medical condition which would limit my participation in the classes offered at SunMountain Center and SunWater Spa. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any of the yoga classes, programs, or workshops. I understand the risks associated with the activities offered by SunMountain Center and SunWater Spa I agree to follow all instructions so that I may safely participate in classes, workshops, or other activities. I understand it is my responsibility to inform the instructor of my limitations before class begins.
3. Use of the pools may be dangerous to certain people, people who are on certain medication, or have chronic health problems such as heart, respiratory or a circulatory condition, pregnant women, and diabetics should consult their healthcare providers BEFORE using the facilities of SunMountain Center and SunWater Spa should never use any of the pools alone.
4. Bathing in hot water can lower blood sugar and cause dehydration, especially due to the high elevation. Alcohol consumption can also increase the affectives of dehydration and could cause a potential health hazard, impair judgement and/or cause loss of consciousness and is STRONGLY discouraged. Additionally, if many hours have passed since the last meal, or consumption of water, a person from a lower altitude may experience dizziness or loss of consciousness.
5. There are animals present on the SunMountain Center properties to include but not limited to : cats, dogs, chickens, goats, rabbits, ducks, turtles, quail, bees, and pigs. If there is an allergy to any of these or other animals there is a risk of allergic reaction.
6. Bromine is applied to our hot tub waters as a means of prevention against contamination.
7. The walking and meditation paths located throughout the properties (aforementioned) pose potential hazard due to steep drop-offs, loose stones, uneven terrain, cactus, & wild animals.
*For MINORS: No children under the age of 6.No more than 2 children with one guardian allowed at a time (limited to groups of 4 children total). Minors under the age of 18 must be accompanied at all times in the spa facility minor using the Mineral/Saline tubs and pool must meet the height requirement of 42”. Guests age 13 and up may participate in our classes with a waiver signed by a guardian. Note: Younger children may be allowed at the teacher’s discretion. Therapies and treatments are available to guests age 13 and up; guests under 18 require adult supervision and waiver commitment.
This WAIVER AND RELEASE constitutes an agreement between the parties, and supersedes any prior written or verbal agreements between the parties on this matter. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this document voluntarily, under no duress or threat of duress, without inducement, promise or guarantee given to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.
PLEASE CHECK THE BOXES BELOW TO INDICATE YOU UNDERSTAND THE FOLLOWING:
Wearing a face covering is mandatory.
6ft social distancing is mandatory.
Food and alcohol are not permitted.
We ask if you’re at risk, please do not come to the spa at this time.
I understand that SunWater Spa and it’s staff have the right to refuse service if I am not following necessary policies and procedures and/or I am showing signs of COVID-19.
1. Have you had a fever in the last 24 hours of 100°F or above?
2. Do you now, or have you recently had, any respiratory or flu symptoms (including fever, chills, sore throat, cough, muscle aches, or shortness of breath)?
3. Have you been in contact with anyone in the last 14 days who has been diagnosed with COVID-19 or has coronavirus-type symptoms?
4. Have you traveled anywhere outside of the state in the last two weeks? If so, where?
5. Have you had a new loss of sense of taste or smell?
The following questions are specific to a new aspect of COVID-19 involving blood coagulation.
6. Can you exercise to get your heart rate and respiratory rate up without any problem?
7. Have you had a new onset of muscle aches and pain since the emergence of the virus?
8. Have you seen any new marks, rashes, spots, bumps, or other lesions on your skin?