RELEASE, WAIVER OF LIABILITY, INDEMNITY AND HOLD HARMLESS AND ASSUMPTION OF RISK AGREEMENT
This Release, Waiver of Liability, Indemnity and Hold Harmless and Assumption of Risk Agreement is made by and between the undersigned (Patron) and Durango Hot Springs Resort and Spa, a privately owned Colorado resort. Durango Hot Springs Resort and Spa is a recreational health facility which provides outdoor mineral ponds and tubs, freshwater pools, and dry saunas.
The setting and environment at Durango Hot Springs Resort and Spa is a natural one with the hazards associated with such an environment, such as, but not limited to, slippery surfaces, low light, hot water, changes in water temperature, ice on sidewalks, hidden obstacles, electrical storms (lightning), etc. Patron willingly accepts full responsibility for the inherent risks identified herein as well as risks not specifically identified. Swim at your own risk. There are no lifeguards on duty at any time.
Use of hot tubs, hot pools, cold pools, and dry saunas may be dangerous to certain individuals with health problems, chronic health problems, undiagnosed health problems, pregnant women and persons taking certain prescription medications or intoxicants; these persons should consult with their physicians before using the facilities of Durango Hot Springs Resort and Spa.
All Patrons are advised that caution should be used when using the facilities, as the heated water may affect some Patron’s stability and equilibrium.
Patron desires to use the facilities of Durango Hot Springs Resort and Spa with full knowledge of the inherent risks and dangers of the physical injuries or death that could result therefrom and hereby willingly agree to assume the risk of, and responsibility for, any such injury and or death to Patron, Patron’s children or other children accompanying Patron who are under the age of 18 years using the Durango Hot Springs Resort and Spa facility.
Therefore, the Patron, in consideration of being permitted to use the facilities of Durango Hot Springs Resort and Spa, hereby waives all claims for all actual, incidental, or consequential damages, losses or injuries to Patron, to Patron’s children and to any children under the age of 18 years accompanying Patron, and to Patron’s property for any reason, including any unintentional act or failure to act by Durango Hot Springs Resort and Spa, its owners, guests, managers, staff, employees or other patrons. You may be photographed while on the premises.
Patron further agrees to defend, indemnify and hold harmless Durango Hot Springs Resort and Spa and all of their officers, shareholders, directors, agents, and employees for any injury or death caused by or resulting from Patron, Patron’s children or other children under the age of 18 years accompanying Patron participating in the activities associated with Durango Hot Springs Resort and Spa whether such claim for injury or death is based on negligence, breach of contract, or any other cause other than intentional acts, gross negligence, or strict liability.. The Patron will submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of La Plata County, Colorado.
This waiver shall act to limit the duty of care owed by Durango Hot Springs Resort and Spa to Patron, Patron’s children and other children under the age of 18 years accompanying Patron using the Durango Hot Springs Resort and Spa. Patron assumes the risk of all dangerous conditions in and around the premises and waives any and all specific notice of the existence of such conditions.
Durango Hot Springs Resort and Spa has the right to refuse service to any Patron, Patron’s children or other children under the age of 18 years accompanying Patron for any reason.
This agreement shall be legally binding upon Patron, Patron’s heirs, Patron’s estate, Patron’s assigns, legal guardians, and Patron’s personal representatives.
I have carefully read this Agreement and fully understand its contents. I am aware that I am releasing certain rights that I otherwise may have, and I enter into this Agreement on behalf of myself, my children, and all minor children under the age of 18 years accompanying me of my own free will.
Welcome to Durango Hot Springs!
We’re thrilled to have you with us and want to ensure you have a safe and enjoyable experience. Here are some simple guidelines to help everyone make the most of their time here:
- Swim and Thermal Mineral Springs Admission Safely: Please remember that swimming and Thermal Mineral Springs Admission is at your own risk. There are no lifeguards on duty so Safety first!
- Shower Before Getting In: A quick rinse in the shower ensures a clean and refreshing experience for everyone before you enter the pools.
- Family Time: Children under 16 are required to stick with their parents on the family side of the resort.
- Little Swimmers: For our guests under 3, swim diapers are a must to keep the pools clean and enjoyable for everyone.
- Keep Toys Therapeutic: We love swim toys that help with therapy and relaxation. Other swim toys? Let’s save those for the beach as they tend to damage our filtration systems.
- Respect Our Features: Our rocks and water features are part of the natural beauty here. Please admire them without climbing on them.
- Drug-Free Zone: For the health and safety of all, we prohibit the use of drugs on our premises.
- Food and Drink: We ask that you leave outside alcohol, food, glass, and coolers at home. It helps us maintain a clean and safe environment.
- Smoke-Free Oasis: To keep our air as fresh as our springs, smoking and vaping are not permitted.
- Construction Awareness: Occasionally, we make improvements to enhance your experience. We appreciate your understanding and do not offer refunds for construction noise.
Remember, Our Team is Here for You: Our staff members are always around to ensure a safe and enjoyable environment. They have the authority to address any unsafe or inappropriate behavior. We reserve the right to refuse service or ask uncooperative guests to leave to maintain a peaceful and safe atmosphere for everyone.
Enjoy our Thermal Mineral Spring Waters and relax in the healing embrace of Durango Hot Springs!