SUNWATER SPA REQUIRES THE EXECUTION OF THIS WAIVER AND RELEASE PRIOR TO USE OF ITS FACILITIES
I , HEREBY WAIVE AND RELEASE, indemnify and hold harmless and forever discharge SunWater Ventures LLC, 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 SunWater Spa, Tava Truck, or Kats-Paw LLC located at 514 El Paso Blvd and 425 Washington Ave 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 AM VOLUNTARILY USING THE SERVICES OF 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.
– I acknowledge, agree, and represent that I understand the nature of yoga, soaking, swimming, massage and bodywork, skincare, 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. The potential of the participant to act in a negligent manner may also contribute to injury to the participant or others.
Classes, Programs and Workshops
– 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, and other activities; to follow all instructions so that I may safely participate; and that it is my responsibility to inform the instructor of my limitations before class begins. A large majority of the yoga classes currently being offered at SunWater Spa are managed and taught by Yoga Home. I agree to hold Yoga Home and its teachers harmless as stated in section one of this waiver.
Pools and tubs
I understand that use of the pools and tubs may be dangerous to people who are on certain medications or have chronic health problems such as heart, respiratory or circulatory conditions. Pregnant women and diabetics should consult their healthcare providers BEFORE using the facilities and should never use any of the pools alone.
I understand that bathing in hot water can lower blood sugar and cause dehydration, especially due to the high elevation. Alcohol consumption can also increase the effects of dehydration and could cause a potential health hazard, impair judgment, 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. I understand that bromine is applied to our hot tub waters as a means of prevention against contamination. I understand that the edges of the tubs and the drink shelves on the outside of the tubs will not hold my weight and sitting on them may cause a danger to life or limb. I also understand that there are security cameras at various places around the tubs and retail areas and that my image may be captured.
– I understand that 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.
COVID-19 and other infectious diseases
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization is extremely contagious and is believed to spread from person to person (within about 6 feet) or through respiratory droplets produced when an infected person coughs or sneezes. 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 the 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.
By signing this waiver, 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.
Drugs, Alcohol, Smoke, and Firearms
I understand that 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 Guest Services staff if they smell cigarettes, marijuana, alcohol, or other objectionable odors.
I understand that I if I appear to be under the influence of alcohol, drugs, or any other intoxicating substance I will be asked to leave the premises without receiving a refund or refused service to our Spa’s facilities.I understand that because the safety and security of our guests are of the utmost importance, firearms or weapons of any kind are not allowed in or around any of the SunWater facilities.
– If you are receiving a massage, bodywork, skincare, lash or brow, hair removal, aromatherapy, cupping, or add-on service, you have been cleared by your physician to receive such service(s), and agree to disclose any injuries, surgeries, conditions, sensitivities or allergies to your specialist, including, but not limited to, pregnancy, so they may customize your session. If you are receiving the NaCHer Deep Tissue Salve add-on, you acknowledge and understand that the response may vary from person to person and session to session. You further understand it is not intended to treat, cure, or prevent any disease, and you should consult a physician with any questions related to medication use while using topical NaCHer products. You further acknowledge that SunWater Spa’s policy is not to offer or provide NaCHer products and services to pregnant women or minors.
Minors – Children 14 and older are welcome at the spa, however, each minor must be accompanied by an adult, with no exceptions.
- No more than one minor, age 14 years or older, per guardian allowed at a time (limited to groups of 4 children total).
- Minors, 14 years or older, using the Mineral/Saline tubs and pool must meet the height requirement of 42”.
- Minors age 14 and up may participate in our classes with a waiver signed by a guardian.
- Therapies and treatments are available to minor guests age 14 and up; guests under 18 require adult supervision and waiver commitment.
- No minor under the age of 18 will be permitted to use the saunas.
- This waiver covers both me and any minor that accompanies me.
On my behalf, and on behalf of my heirs, 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.