WAIVER AND RELEASE OF LIABILITY BY GUESTS OF
HOT SPRINGS RESORT & SPA, INC.
1.The "Resort property" as defined herein shall include all areas of the Hot Springs Resort & Spa, Inc. (hereinafter "the Resort"), including but not limited to campground sites and facilities, cabins, resort rooms, spa treatment service areas, mineral bath tubs and surrounding areas, changing rooms, the resort gift shop, and/or any other area located on the property owned by Hot Springs Resort & Spa, Inc.
2.General Release: I hereby acknowledge that I and/or my child or ward or our visitors will be subject to normal risks associated with use and occupation of the Resort property and services, which could result in physical injuries, loss or damage to personal property, and/or death, which risks could include without limitation slips or falls, food poisoning or allergic reaction to food served on Resort property, physical or verbal altercations with Resort staff and/or other guests, electrocution from appliances or equipment within the Resort property, drowning in mineral bath tubs or natural water sources, terrorist or other violence, theft or vandalism, auto accidents on or near Resort property, and/or fires, flooding, or other disasters affecting the Resort. On behalf of myself and/or my child or ward and our heirs, successors and assigns, I hereby knowingly and freely assume all such risks, both known and unknown, relating to my and/or my child's or ward's use and/or occupancy of Resort facilities and services. I hereby forever release, waive, relinquish, and discharge the Resort, along with their officers, directors, managers, officials, trustees, agents, employees, or other representatives, and their successors and assigns (collectively, the "Resort and its Representatives"), from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and other losses of any kind, whether known or unknown, foreseen or unforeseen, (collectively, "Damages") as a result of me and/or my child or ward being a guest at the Resort and using and/or occupying its facilities and services, including but not limited to those related to the above described personal injuries, death, disease or property losses, or any other loss, and including but not limited to claims based on the alleged negligence of the Resort or its Representative or any other person.
3.Acceptance of Risk Related to COVID-19 and other communicable and/or infectious diseases: I hereby acknowledge that I am fully aware of the risks associated with myself and/or my child or ward entering on the Resort property, becoming a Resort guest and/or utilizing Resort services, including but not limited to spa services and mineral bath soaks. I further acknowledge that I and/or my child or ward or our visitors could contract COVID-19, influenza, Legionnaires' disease and/or any other communicable and/or infectious disease, which could result in a serious medical condition requiring medical treatment in a hospital and/or which could possibly lead to death. I hereby knowingly and voluntarily accept all such risks relating to contraction of any disease or illness while on Resort property and hereby forever release, waive, relinquish, and discharge the Resort and its Representatives from any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, and any loss of any kind, whether known or unknown, foreseen or unforeseen, which may result in contraction of any such disease while using or occupying Resort property, facilities, and services.
4.Indemnification: I hereby agree to indemnify and hold the Resort harmless from any and all Damages resulting from my and/or my child's or ward's use and occupation of Resort facilities and services.
5.This Waiver and Release shall be interpreted in accordance with the laws of the State of North Carolina. I hereby consent to be subject to the jurisdiction of the courts of Madison County, North Carolina, regarding any dispute relating to this Waiver and Release and any of the subjects covered herein.
TO THE FOREGOING WAIVER AND RELEASE, I HEREBY ACKNOWLEDGE MY CONSENT: