The undersigned hereby applies for a Day Pass and in consideration for the issuance of a Day Pass by LAKE STEAM, agrees to abide by the following rules, terms and conditions of this Day Pass agreement (“Agreement”): A. Rules. a. The steam baths, sauna, whirlpool, baths and shower (collectively referred to hereafter as “Spa”) may be used only during posted hours, which are subject to change. b. Children 16 years and under must be accompanied by an adult at all times. c. Admission to the Spa is refused to all persons having any contagious disease, infectious conditions such as colds, fever, ringworm, foot infections, skin lesions or any other condition which has the appearance of being infectious. d. The undersigned acknowledges and affirms that they have not come into close contact (within 6 feet) with someone who has a laboratory confirmed COVID-19 diagnosis within the last 14 days. e. No glass is permitted in the Spa. No food, beverage or gum is permitted in the Spa. f. Smoking is ABSOLUTELY prohibited inside the premises. g. This is a relaxation Spa. Running, pushing, scuffling and excessive noise shall not be permitted in the Spa. Please keep voices to a minimum in the locker and bath areas. h. Users of the Spa are responsible for removal of all articles brought by them. Lake Steam shall not be responsible for any lost or stolen items. i. All trash must be placed in the provided containers. j. This is a NON-SEXUAL facility where inappropriate behavior will result in immediate expulsion. No inappropriate touching of yourself or others is permitted. k. Treat everyone within this establishment's walls with respect & kindness. l. Massage hallways and rooms are OFF LIMITS to customers not receiving a massage. If you are scheduled for a massage, please wait for your therapist in the locker room, cool down area or cafe. m. The stairwell to the basement and basement itself are OFF LIMITS to our customers. n. Cell phone usage is limited to cafe or lobby only. Please put your phone on SILENT mode. Photos of the facility, customers or staff are PROHIBITED. o. Always test shower water after turning on the faucet. Water may be HOT. p. There shall be a $35 fee for any locker key that is not returned at the conclusion of your visit to Lake Steam. q. Extra bath linens are available for an additional cost. r. Enter at your own risk. Facility is slippery when wet. No oils or lotions allowed in the bath area. s. You must have your sheet on when exiting the bath area glass door. No inappropriate behavior in the bath area will be tolerated. B. VIOLATION AND BREACH: Any violation of the Spa rules contained herein or posted at the Spa, or any breach of this Agreement whatsoever, shall allow Lake Steam, in addition to any other rights or remedies it may have at law or in equity, any and all of the following rights and remedies: a. To revoke the violator's Day Pass without refund and to suspend the privileges of the violator to acquire a Day Pass or Membership in the future. b. To refuse admission to the Spa to the individual responsible for the violation or breach. c. To recover all damages, costs and expenses, including actual attorney fees and costs, incurred as a result of the violation or the breach, to assess such amounts against the violator, and to assess such amounts plus costs of collection including actual attorney fees and costs, against the violator. C. Exculpatory Release, Indemnification and Assumption of Risk. In consideration of the issuance of a Day Pass and the permission granted to me and the minor children named herein, by LAKE STEAM to enter and to use the whirlpool sauna, steam room baths, showers, and all related facilities hereinafter located 3540 W Colfax Ave, Denver, Colorado 80204, and to use said facilities from time to time, the undersigned on behalf of myself and the minor children for whom I am the parent or legal guardian agree as follows: I have inspected the whirlpool sauna, steam room baths, and showers, and have acquainted myself with the whirlpool sauna, steam room baths, and showers, and I know the risks and dangers involved in using such facilities, and that unanticipated and unexpected dangers may arise during such use; and I expressly assume all risk of injury or injury to my person and to the person of any said minor children, which may be sustained in connection with my and their use of the whirlpool sauna, steam room baths, showers and activities which may occur in and about the whirlpool sauna, steam room baths, and showers. I understand that use of the whirlpool sauna, steam room baths, and showers are inherently dangerous and there is risk of injury or death associated with use of such facilities, and I voluntarily assume, because I choose to do so, all such risk of injury or death and any other identified risk including negligence, with respect to myself, my family, and said minor children. In consideration of the issuance of a Day Pass and the permission granted to me and to the minor children, for whom I am the parent or legal guardian, to enter the premises and to use the whirlpool sauna, steam room baths, showers, and all facilities appurtenant thereto, I hereby and for said minor children named herein and our estate, heirs, administrators and assigns, do release, remise and discharge the Lake Steam, its agents, officers, directors, members, attorneys, successors, assigns and employees and each of them individually and in the representative capacities of and from all claims, demands, actions, causes of action, suits, debts and damages of any sort for death or injury sustained to my person or to the person of any of said minor children during my or their presence on, in, or about the premises and my participation in the activities at the premises due to negligence or due to any fault. In addition, I hereby agree to hold harmless Lake Steam from any loss of any kind or nature including attorneys' fees, which it may incur as a result of the use of the premises by myself, said minor children, my family or my guests. I further indemnify and hold harmless Lake Steam, its agents, officers, directors, members, attorneys, successors, their representative capacities, from any and all claims, demands, actions, causes of action, suits, debts and damages which may be brought by or on behalf of my estate, the minor children, for whom I am the parent or legal guardian, my spouse, heirs, administrators, other interested parties, my guests or myself in any way related, directly or indirectly, in whole or in part, to use of the whirlpool sauna, steam room baths, showers, and all facilities appurtenant to thereto. I acknowledge that the massage therapists are tenants of Lake Steam who operate their own businesses and carry their own independent insurance, and I agree to indemnify and hold harmless Lake Steam against any loss or liability resulting from any services provided by any massage therapist tenant leasing space from Lake Steam hereunder, including if the injury or liability is the result of any negligent act or omissions on account of any massage therapist. I certify that my acceptance of the Day Pass and attendance and participation by myself and the minor children, for whom I am the parent or legal guardian, is voluntary, and I am not in any way, the employee, servant, or agent of Lake Steam, and that I have executed this Agreement as my free and voluntary act. I also certify that I understand that Lake Steam may amend Rules of this Agreement as it deems fit, from time to time, in its sole and absolute discretion. I understand I am bound by any amendment to said Rules. D. Miscellaneous Provisions. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado. All disputes arising under this Agreement shall be resolved in the applicable state court of Colorado. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. VALIDITY OF PROVISIONS. If any provision or provisions of this Agreement shall be held to be invalid, illegal, and unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. INTEGRATION. This Agreement constitutes the entire understanding of the parties and is intended as the final expression of their agreement. I, hereby agree to the Agreement and all of its terms and conditions as stated above. Date: April 1, 2025
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