PLEASE READ CAREFULLY BEFORE SIGNING
RICO HOT SPRINGS RELEASE, WAIVER OF LIABILITY, INDEMNITY AND HOLD HARMLESS AND ASSUMPTION OF RISK AGREEMENT
This Release, Waiver of Liability, Indemnity and Hold Harmless and Assumption of Risk Agreement is made by and between the undersigned (Licensee) and Homestake Little Cora, llc, a Colorado limited liability company (“Rico Hot Springs Owner”).
The Rico Hot Springs Owner is the owner of private property (“Rico Hot Springs”) which contains a hot spring, ponds, pools and river.
The setting and environment at Rico Hot Springs is a natural one with the hazards such as, but not limited to, slippery surfaces, low light, hot water, changes in water temperature, ice, hidden obstacles, lightning, ponds, swiftly moving water, etc.
The RICO HOT SPRINGS IS LOCATED ON PROPERTY THAT WAS PREVIOUSLY USED FOR MINING. The remains of equipment, trash, glass, tires, and processed ore, etc. are located on the property and may present inherent dangers to Licensees. The Licensee willingly acknowledges and accepts these conditions.
THE NATURAL MINERAL WATER THROUGHOUT IS NON-POTABLE. No disinfectant is applied to the pools or waters as a means of prevention against contamination. We strongly discourage ingestion or drinking of the water.
Licensee understands and acknowledges that the Rico Hot Springs Owner is not responsible for the actions of other users. The Rico Hot Springs Owner will not be present and therefore cannot guarantee that other Licensees or trespassers will not create uncomfortable or unsafe conditions for Licensees. Licensee understands that video/photography may be used to log visitation. Rico Hot Springs Owner agrees to keep this footage private and will not publically use images or video without the express written consent of the Licensee
Use of HOT POOLS MAY BE DANGEROUS TO CERTAIN INDIVIDUALS with chronic health problems, pregnant women and persons taking certain prescription medications or intoxicants; these persons should consult with their physicians before visiting Rico Hot Springs. All Licensees are advised to use caution, as the heated water may affect some Licensee’s stability and equilibrium.
Licensee desires to use the grounds of Rico Hot Springs with full knowledge of the inherent risks and dangers of the physical injuries or death that could result therefrom and hereby willingly agrees to assume the risk of, and responsibility for, any such injury and/or death to Licensee, Licensee’s children or other children accompanying Licensee who are under the age of 18 years using the Rico Hot Springs. There are no lifeguards at the Rico Hot Springs. SWIM AT YOUR OWN RISK
Therefore, the Licensee, in consideration of being permitted to use the facilities of Rico Hot Springs, hereby waives all claims for all incidental or consequential damages, losses or injuries to Licensee, to Licensee’s children and to any children under the age of 18 years accompanying Licensee, and to Licensee’s property for any reason, including any act or failure to act by the Rico Hot Springs Owners or other Licensees.
Licensee further agrees to defend, indemnify and hold harmless the Rico Hot Springs owner and its members for any injury or death caused by or resulting from Licensee, Licensee’s children or other children under the age of 18 years accompanying Licensee participating in the activities associated with Rico Hot Springs whether such claim for injury or death is based on negligence, breach of contract, strict liability or any other cause. The Licensee will submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Dolores County, Colorado.
This waiver shall act to limit the duty of care owed by the Rico Hot Springs Owner to Licensee, Licensee’s children and other children under the age of 18 years accompanying Licensee using the Rico Hot Springs.
Licensee assumes the risk of all dangerous conditions in and around the premises and waives any and all specific notice of the existence of such conditions.
Licensee acknowledges that the use of the Rico Hot Springs is a privilege which may be revoked at anytime by the Rico Hot Springs Owner. Licensee further acknowledges and agrees that the granting of this privilege by the Rico Hot Springs Owner does not create or otherwise convey any right or guarantee to the Licensee for future use of the Rico Hot Springs
This agreement shall be legally binding upon Licensee, Licensee’s heirs, Licensee’s estate, Licensee’s assigns, legal guardians, and Licensee’s personal representatives.
I have carefully read this Agreement and fully understand its contents. I am aware that I am releasing certain rights that I otherwise may have and I enter into this Agreement on behalf of myself, my children, and all minor children under the age of 18 years accompanying me of my own free will.
PARKING. No parking of vehicles is allowed in the driveway or on the highway. Plan to walk, bike or be dropped off in order to enjoy the hot springs.
ALL LICENSEES OVER THE AGE OF 18 YEARS MUST SIGN THIS AGREEMENT PRIOR TO BEING ADMITTED INTO RICO HOT SPRINGS.