The individual named or signee (referred to as "I" or "me") desires to use the World Spa’s bathing, steam, sauna, pool and food and beverage facilities (the "Activities") provided by World Spa Entertainment LLC, a New York limited liability company (the "Company") at 1571 McDonald Ave, Brooklyn, NY 11230 (the "Premises"). In consideration of being permitted by the Company to enter the Premises and participate in the Activities and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this agreement (this "Release").
1. I am aware and understand that the Activities are potentially dangerous and may involve the risk of serious injury, disability, death, and/or property damage. I am also aware of the highly contagious nature of bacterial and viral diseases, including COVID-19 (the "Disease") and the risk that I may be exposed to or contract the Disease by being on the Premises and engaging in the Activities, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activities and the spread of the Disease, the Company cannot guarantee that I will not be injured or become infected with the Disease, or other infectious diseases, while on the Premises or during my participation in the Activities and that being on the Premises and engaging in the Activities may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. I am aware and understand the following:
- NEVER SWIM ALONE. A minimum of two adults, 18 years of age or older, must be present whenever this swimming facility is in use, with at least one adult remaining on the pool deck.
- THERE IS NO SUBSTITUTE FOR ADEQUATE SUPERVISION. Children under 16 years of age must be accompanied to the bathing facility by a parent or guardian, (an adult who is responsible for the children and their behavior.)
- IN AN EMERGENCY, NOTIFY THE FACILITY OPERATOR AND CONTACT HELP AS SOON AS POSSIBLE. A free telephone is provided at this facility (describe location). Telephone numbers for the nearest emergency medical service are posted.
- Only use this facility during posted hours of operation.
- Don't drink alcohol and swim.
3. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, managers, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Releasees") on account of personal or psychological injury, intoxication, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activities, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
4. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its Releasees for any damages to myself or third parties that results from property loss, including theft, arising from participation in the Activities or using the Premises. Releasees are not liable for any theft, or loss of personal property, including jewelry or other personal items. In no event shall the Releasees be liable for property exceeding $1,000 and will only be liable for that amount if the item was registered with the Premises and the loss was caused solely by the fault of the Releasees.
5. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its Releasees for any damages to myself or third parties that result from the consumption of alcohol by myself or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium (the “Damages”). I acknowledge that I am solely responsible for any and all of the Damages suffered by myself or that I may cause to third parties as a result of said consumption. I acknowledge it is against the law to provide, or make available alcohol to anyone under the age of twenty-one (21). I swear and affirm not to provide anyone under the age of twenty-one (21) with alcohol on the Premises.
6. I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activities; and (b) am not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activities and the Disease while on the Premises or participating in the Activities, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times while on the Premises or during the Activities. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activities, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activities.
7. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, awarded against the Company or any other Releasees in a final judgment, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activities, including any claim related to my own negligence or the ordinary negligence of the Company.
8. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
9. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in New York, New York and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.