WELCOME TO SPRINGS ETERNAL SPA AT THE OMNI BEDFORD SPRINGS RESORT.
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF RIGHTS.
By signing this document, I expressly agree to the following:
1. I hereby acknowledge and agree that the Springs Eternal Spa at the Omni Bedford Springs Resort (hereinafter the “Spa”) offers a variety of spa activities and treatments, including without limitation facials, dermaplaning and massage, and fitness facilities, programs and equipment (collectively, the “Activities”) for use and participation by members and guests solely at their own risk. I understand and acknowledge that the Spa makes no claims as to the safety, results or the appropriateness of the Activities for any particular individual. I further understand that the Spa reserves the right to exclude any person from utilizing the Spa facilities and equipment or participating in any of the Activities in its sole discretion.
2. I acknowledge and agree that use of the spa facilities and fitness equipment and participation in the activities may be dangerous and involve the risk of serious injury, death and/or property damage. I expressively agree to assume all risk associated there with and agree to forever waive and release any and all claims and legal rights which i may have whatsoever, to the extent permitted by law, in connection with my use of the spa facilities and fitness equipment and participation in the activities.
3. I understand that before participating in any of the Activities that I should consult my physician and in
the event my health condition changes while I am participating in the Activities, I agree to consult with my physician prior to resuming any and all Activities at the Spa. I understand and agree that all suggestions and/or instruction made by Spa staff concerning exercise, nutrition or any Spa treatment or Activities are neither diagnostic nor prescriptive and that I should verify the same with my physician and I will evaluate such instructions and/or suggestions independently. Notwithstanding the foregoing, I warrant and represent that I am in good health and that I am able to use the Spa facilities and equipment and participate in the Activities, without limitation.
4. I hereby authorize Spa personnel to call for medical assistance for me or the below-mentioned minor and to transport the same to a medical facility or hospital in the event of an emergency. I further agree to be responsible for all costs and expenses associated with any such medical care and/or related transport and I hereby agree to defend, indemnify and hold harmless the Released Parties of and from any such costs.
5. I agree to abide by all rules and regulations as may be established from time to time by the Spa. I understand and acknowledge and agree that inappropriate behavior whether verbal and/or physical shall result in the immediate refusing/stopping of the Spa treatments/ programs.
6. In consideration of using the Spa facilities and equipment and/or taking part in the Activities, I agree, to the fullest extent permitted by law, to forever release, defend, indemnify, and hold harmless the Spa, Omni Bedford Springs Resort, LLC, a Delaware limited liability company, and Omni Hotels Management Corporation, a Delaware corporation, their respective parents, subsidiaries and affiliates and any of their respective owners, officers, directors, employees, contractors, agents, successors and assigns (collectively the “Released Parties”) from any and all claims and causes of action which I (or the below- mentioned minor) might otherwise have or be entitled to assert as a result of or related to any personal or physical injury or otherwise (and no such person or entity shall be liable to me (or the below-mentioned minor), my spouse, children, unborn children, or other family members, guests or invitees of me (or the below-mentioned minor) for any personal or physical injury), including without limitation: (I) injuries arising from participation in supervised or unsupervised activities and programs in the Spa, (II) injuries arising from the Spa or Released Parties’ negligence, whether direct or indirect; (III) injuries, disease, infection or medical disorders resulting from massage therapy and use of the Spa facilities, including locker rooms, steam room, whirlpools, hot tubs, spas, saunas, showers and dressing rooms; and (IV) any injuries or damages which occur while on the Spa premises, whether related to participation in the Activities or not. I also waive all claims against the Released Parties for any claims I (or the below-mentioned minor) may have under any of the state’s consumer protection statutes. The provisions of this paragraph shall survive the termination of my (or the below-mentioned minor’s) massage therapy and spa services. I also agree to defend, indemnify, and hold harmless the Released Parties for any such claims and from any and all claims brought by third parties arising out of my (or the below-mentioned minor’s) acts, errors or omissions.
7. I understand that I will be receiving massage therapy and spa services as a form of adjunctive health care only and that this therapy is not intended to replace appropriate medical care. I will be properly draped at all times with a sheet or towel. Massage and treatments will be limited to areas without contraindication for massage or treatment, and include back, limbs, neck, face, scalp, stomach, décolleté, feet and hands. Breast massage of female clients will not be performed. If I or the spa therapist is uncomfortable for any reason, the session may be discontinued at any time.
8. This Agreement shall by binding on my (or the below- mentioned minor’s) estate, heirs, administrators and assigns. If I am executing this Release of Liability and Waiver of Rights on behalf of a minor, I warrant and represent that I am the minor’s parent or legal guardian.
Please refrain from bringing any valuables or cash into the Spa. Guests staying at the Resort are encouraged to store their valuables or cash in the safes provided in their rooms or in safety deposit boxes located at the Front Desk. Please be advised that the Spa is not responsible for any valuables, cash or personal belongings stored in any locker. For any one failing to check out at the spa desk to settle the bill, an automatic 20% gratuity will be added.
I HAVE CAREFULLY READ THE FOREGOING RELEASE OF LIABILITY AND WAIVER OF RIGHTS, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNICANCE. I AM AT LEAST 18 YEARS OF AGE.
Thank you for trusting the Springs Eternal Spa with your health and wellness. Due to COVID-19 we have implemented new safeguards and increased sanitation efforts to ensure your safety and the safety of our team. We follow, or exceed, all sanitation guidelines that have been issued by the FSMTB (Federation of State Massage Therapy Boards), CDC (Center for Disease Control and Prevention), and the Pennsylvania Department of State.
SIGNING BELOW ACKNOWLEDGES AND AGREES TO THE FOLLOWING:
I have not been diagnosed with COVID-19 in the past 10 days. I have not knowingly been exposed to anyone with COVID-19 in the past 10 days.
I understand that a person can unintentionally spread COVID-19 to others even if they do not feel sick or have symptoms.
If at any time before my appointment my health status changes, I will notify the Springs Eternal Spa and reschedule my service for when I am able to return.
BY SIGNING THIS DOCUMENT I AGREE NOT TO HOLD MY THERAPIST, THE RESORT STAFF, OR SPRINGS ETERNAL SPA LIABLE FOR ANY EXPOSURE TO COVID-19.
Today's Date: May 27, 2022