I/My Child, hereinafter “Participant,” will be participating in the use of the pools and/or waterslide at Fairmont Hot Springs Resort (Provider). I acknowledge that participating in pool use involves inherent dangers and risks that cannot be eliminated and that may result in personal injury, death, or property damage. I acknowledge that such inherent dangers and risks may include, but are not limited to: slipping or tripping on wet, dry, icy, or snowy surfaces on both the pool deck as well as in changing rooms; ice on walkways; possible malfunction of pool or slide equipment or the outdoor heated walkway; friction burns; risk of injury from diving; head injuries; fractures or punctures; partial or total paralysis; reaction to cleaning solvents; reaction to salt or deicer; collision on slide; collision with other swimmers; drowning; extreme cold; frostbite; low light; hot water; changes in water temperature; electrical storms/lightning; heat exhaustion; heat stroke; physical exertion for which Participant is not prepared or in physical condition for; acts or omissions of other participants or others in the area; and injury, death or injury resulting from failing to follow instructions of pool staff. I acknowledge this is not an exhaustive list of all possible inherent risks of pool use. I also acknowledge that there are natural, mechanical and environmental conditions and risks associated with pool use that independently or in combination with Participant’s actions may cause severe or fatal injuries to Participant or others. I acknowledge that Participant could suffer severe or fatal injuries while participating in pool use, if Participant, Fairmont Hot Springs Resort (“Fairmont”), and others act with the utmost care and ability.
I acknowledge that participating in pool use is not appropriate for individuals with certain medical conditions or who are under the influence of alcohol or drugs. Use of pools may be dangerous to certain individuals with chronic health problems, pregnant women, and participants taking prescription medications or intoxicants. Participants with such conditions should consult with their physicians before engaging in pool use. I affirm that Participant’s health is good, and that Participant is not under a physician’s care for any condition that might endanger Participant’s health or that of other participants. I recognize the inherent risks of injury, disability, death, or property damage involved in this recreational opportunity. I agree that Participant has a duty at all times to follow the instructions of Fairmont, to engage in the pool use in a manner that avoids injury and others and to be aware of the inherent dangers and risks of pool use. I accept all legal responsibility for injury or damage of any kind that occurs during Participant’s pool use or that results from or is related to Participant’s participation, including but not limited to injury or damage that results from inherent dangers and risks of pool use, including but not limited to those known inherent dangers and risks identified above.
BY SELECTING I AGREE (BELOW) YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD FAIRMONT HOT SPRINGS RESORT LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.
I have carefully read the complete above form, fully understand its contents, and sign the same of my own free will and accord. If I am signing on behalf of a minor, I verify that I am the parent or guardian of the minor and have the authority to enter this agreement for the minor.