HOT SPRINGS LIABILITY WAIVER, DISCLAIMER, AND RELEASE

This Hot Springs Liability Waiver, Disclaimer, and Release (“Release”) is made and entered by the undersigned and their respective successors and assigns (“I” and/or (“You”) for the benefit of Desert Reef LLC, a Colorado limited liability company and its respective successors and assigns (“Desert Reef”) concerning the use and enjoyment of hot spring, spa, and pool facilities (collectively “Hot Springs”) located at 1194 Co Rd 110, Florence, CO 81226 (“Property”). As applicable, this release shall additionally benefit the “Event Host(s)” for any “Event” located on the Property as identified below. 

By your signature below and/or entry onto the Property, you have read, understood, and acknowledge the Desert Reef General Policies and Pool Policies (“Policies”) and hereby consent and agree to the Policies, as they may be amended from time to time in the sole discretion of Desert Reef. You further acknowledge that as applicable, by your purchase of any ticket(s) for and/or attendance of any Event, you will expose yourself and your guests, successors, and assigns to all risks of injury, harm, or death associated with nature, the elements, the outdoors, musical events, gatherings, events, and social activities in general.

Additionally, by your signature below and/or entry onto the Property, you hereby consent and agree to the following:

I ACKNOWLEDGE, ACCEPT, AND ASSUME ALL RISK OF INJURY, ILLNESS, ACCIDENT, DAMAGE, OR DEATH, WHICH MAY ARISE FROM THE USE OF THE HOT SPRINGS, MY ENTRY ONTO THE PROPERTY, AND MY ATTENDANCE OF ANY EVENT. I HEREBY UNCONDITIONALLY COVENANT NOT TO SUE AND RELEASE, WAIVE, AND FOREVER DISCHARGE ANY AND ALL PAST, PRESENT, AND FUTURE LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST DESERT REEF, LLC, THE EVENT HOST(S), AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (COLLECTIVELY “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW RELATING TO THE HOT SPRINGS, THE PROPERTY, ANY EVENT, OR ANY OTHER CAUSE IN CONNECTION WITH THE HOT SPRINGS, PROPERTY, AND ANY EVENT, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, CARELESSNESS, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS (INCLUDING BUT NOT LIMITED TO ANY EXPOSURE AND/OR ILLNESS RELATED TO COVID-19), ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM THE HOT SPRINGS, PROPERTY AND ANY EVENT PROPERTY. THIS RELEASE IS IN EFFECT FOR ALL VISITS TO THE PROPERTY, USE OF THE HOTSPRINGS, AND/OR ATTENDANCE OF ANY EVENT NOW OR IN THE FUTURE. 

I ACKNOWLEDGE THAT I HAVE EXECUTED AND DELIVERED THIS RELEASE AS A FREE AND VOLUNTARY ACT.  I HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION OR CLAIM ARISING DIRECTLY OR INDIRECTLY OUT OF, UNDER OR IN CONNECTION WITH THIS RELEASE, THE HOT SPRINGS, THE PROPERTY, AND/OR EVENT.

INITIAL HERE:_________

I AGREE TO PAY THE RELEASED PARTIES’ LEGAL FEES AND COURT COSTS, INCLUDING REASONABLE ATTORNEY FEES, AND INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES HARMLESS IN THE EVENT OF THE BREACH OF THIS RELEASE BY MYSELF, MY SPOUSE, HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS AND FROM AND AGAINST ANY AND ALL ACTIONS, 

CAUSES OF ACTIONS, CLAIMS, AND DEMANDS FOR, UPON OR BY REASON OF ANY DAMAGE, LOSS OR INJURY, WHICH HEREAFTER MAY BE SUSTAINED BY MY VISITS TO THE PROPERTY, USE OF THE HOTSPRINGS, AND/OR ATTENDANCE OF ANY EVENT NOW OR IN THE FUTURE.

AS APPLICABLE, I GRANT DESERT REEF AND THE EVENT HOST THE RIGHT TO FILM AND/OR TAKE PICTURES OF THE EVENT WHICH MAY INCLUDE PICTURES OF ME DURING THE ATTENDANCE OF THE EVENT AND MY USE OF THE FACILITIES ON THE PROPERTY. I AUTHORIZE DESERT REEF AND THE EVENT HOST AND THEIR RESPECTIVE ASSIGNS AND TRANSFEREES TO COPYRIGHT, USE, AND PUBLISH THE SAME IN PRINT AND OR ELECTRONICALLY FOR SUCH PURPOSES AS MARKETING, ILLUSTRATION, ADVERTISING, AND WEB CONTENT.  I ALSO UNDERSTAND THAT DESERT REEF AND THE EVENT HOST ARE OPERATED BY PERSONS WHO VALUE YOUR PRIVACY, AND WHO ARE INTENTIONALLY DISCREET WHEN POSTING ANY EVENT PHOTOS.

THIS RELEASE AND ANY RIGHTS, DUTIES, AND OBLIGATIONS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF COLORADO AND ANY LITIGATION INVOLVING THE PARTIES SHALL BE BROUGHT SOLELY IN THE COURTS OF COLORADO. THE PROVISIONS OF ANY STATE, FEDERAL, LOCAL OR TERRITORIAL LAW OR STATE PROVIDING IN SUBSTANCE THAT RELEASES SHALL NOT EXTEND TO CLAIMS, DEMANDS, INJURIES, OR DAMAGES WHICH ARE NOT KNOWN OR UNSUSPECTED TO EXIST AT THIS TIME, TO THE UNDERSIGNED BELOW, ARE HEREBY EXPRESSLY WAIVED.

EVENT:_________________________________________________________________________

EVENT HOST(S):______________________________________________________________

NAME (printed):

Signature:  

Date

PARENT OR GUARDIAN FOR MINORS (UNDER 18 YEARS OF AGE)

The undersigned parent and/or natural guardian or legal guardian does hereby execute the above Release on behalf of their minor child and  represents that they are in fact acting in such capacity and covenants not to sue and agrees to save and hold harmless and indemnify each and all of the Released Parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said Released Parties on behalf of the minor and the parents and/or legal guardians of the minor.

Signature of Parent or Guardian of Minor ______________________________    Date:______________________