In consideration of being allowed to participate in the various spa services or use the Spa at Sundance facilities (the “Activity”), I hereby expressly accept, agree, and understand the following:
Assumption of Risk. I understand that the Activity may carry a risk of serious injury, disability, or death. I acknowledge that the Activity poses potentially dangerous conditions including extreme heat, slippery surfaces and floors, including the presence of water, soap, and oils, and heavy equipment. I also understand that as a result of my participation in the Activity unpredictable side effects may occur, including but not limited to fainting, shortness of breath, redness of the skin, inflammation, feeling of light headedness, irritation of the skin, blood pressure changes, and allergic reactions. I understand that it is my responsibility to inform spa personnel of any medications, allergies, or other physical conditions that may increase these risks.
If I experience any pain or discomfort of any kind during a session I will immediately inform spa personnel so that adjustments can be made. I acknowledge that Licensed Massage Therapists, Estheticians or other spa personnel are not qualified to diagnose, prescribe or in any way provide medical care.
Release of Liability. To the fullest extent allowed by law, I agree to fully release Sundance Mountain Resort, Storyteller Canyon Property Owner, LP, Storyteller Canyon Operating Company, LLC, Sundance Partners, Ltd., Sundance Development Corporation, their successor and assigns, and their respective directors, officers, partners, investors, employees, agents, insurance carriers and affiliates (collectively the “Resort”) from any and all loss, cost, claims, injury, damages or liability arising out of my participation in the Activity. I expressly agree to release the Resort for its own negligence. I agree that any lawsuit that I file against the Resort shall be filed in Utah’s Fourth District Court, or Federal District Court for the District of Utah and that Utah law shall apply.
No Lawsuit/Hold Harmless. I agree not to file any lawsuit against the Resort, and to indemnify the Resort for any damages, injuries, judgments or lawsuits, resulting in any way from my participation in the Activity. I agree that my obligation not to sue and to indemnify and hold the Resort harmless applies even if the Resort is negligent and includes payment of all attorneys’ fees and cost incurred by the Resort.
Medical Care. I authorize the Resort, at the discretion of any Resort employee, to obtain third party medical care for me and/or transport or arrange to transport me to an appropriate medical facility. I authorize medical care providers to provide emergency medical care to me. I agree to pay all costs associated with such medical treatment and related transportation and waive any right of subrogation against the Resort for any medical or transportation expense.
Final Consent. I understand and agree that this consent is binding upon my heirs and legal representatives and is a final and complete consent. If portions of this consent are invalid, then I agree that the remaining portions will remain enforceable. This consent will be effective for one year commencing on the date it is signed.
I understand that spa personnel may refuse to perform any service on anyone whose behavior or physical condition poses a risk to spa personnel, Resort property, other Activity participants, or himself/herself.
I HAVE READ, UNDERSTOOD AND HEREBY VOLUNTARILY SIGN THIS CONSENT.
Participants under the age of 18 are required to have a Responsible Party read and countersign this consent form.
Participants under the age of 18 (“minor”) are required to have an authorized parent or legal guardian (hereinafter “Responsible Party”) read and sign this consent form. To the fullest extent allowed by law, the Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this consent form. The Responsible Party agrees with and acknowledges Responsible Party and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue the Resort including for negligence and/or wrongful death. The Responsible Party is solely responsible to explain and enforce all rules and to undertake all duties and responsibilities to educate, control and protect the minor from all of the risks involved in the Activity. The Responsible Party agrees to make all decisions concerning the minor’s participation, abilities, use of the area and involvement in the Activity. The Responsible Party agrees to pay all medical bills incurred by the minor and waives all rights of subrogation against the Resort.