Spa at Sundance Resort Consent Form
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 the Activity, 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 owners, affiliates, insurance carriers, agents, employees, representatives, assignees, members, partners, officers, directors, and shareholders (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.
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.