Activity Release of Liability
Activity and Associated Risks: I have chosen to participate in a recreational fitness activity (hereinafter referred to as “the Activity”) with Hilton Phoenix Tapatio Cliffs Resort (hereinafter referred to as “the Hotel”). I understand and agree that:
- The Hotel makes NO WARRANTIES, PROMISES, or GUARANTEES that the Activity is safe for family or myself. I understand that the Hotel has not verified or approved the safety of the Activity listed on the calendar. It is solely my responsibility to determine whether I think the Activity exposes my family or myself to an unreasonable risk of harm or loss;
- I will inspect any equipment I may use prior to the Activity and will notify the Hotel or their employee/agent conducting the Activity, if any of the equipment is not working properly. I will not hold the Released Parties (defined in Section 3) responsible for my failure to inspect equipment prior to the Activity. I hereby represent that I will observe all applicable rules set forth by the Hotel and that I will conduct myself in a safe and prudent manner so as not to endanger the lives of persons or property of any individual. I understand that if I do not follow safety rules, my participation in the Activity will be immediately terminated.;
- Yoga/Paddleboard Fitness requires physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my and/or my family’s participation in any physical fitness program, including yoga/paddleboard fitness.;
- I represent and warrant that I and/or my child(ren) have no medical condition that would prevent us from participation in physical fitness activities. I affirm that I alone am responsible to decide whether to practice yoga or fitness related activities.;
- I assume full responsibility for any and all risks, injuries or damages, known and unknown, which may incur through participation; and
- The Hotel assumes no responsibility for providing medical care during the activity, and I will have to pay for any medical care and/or evacuation that I and/or my family incur.
Assumption of the Risk: I voluntarily, knowingly, and expressly assume the above-mentioned risks as well as other risks not listed that are part of the activity, and any harm, injury or loss that may occur to me or my property as a result in my participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by the negligence of the Hotel, its employees, agents, and officers, its contractors, and other Activity participants.
RELEASE OF LIABILITY: I hereby RELEASE 11111 North 7th Street Property, DE, LLC, AIMBRIDGE GROUP HOLDINGS, L.P., AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, LENDERS, AGENTS, EMPLOYEES AND ASSIGNS FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims excluded from being waived by law. I also agree NOT TO SUE or make a claim against the Released Parties for death, injury, loss, harm, or property damage or destruction which occur during the Activity or are related in any way to the Activity.
INDEMNIFICATION HOLD HARMLESS AND DEFEND: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney fees that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
INSURANCE: I do not expect the Hotel to provide insurance or pay for any costs associated with harm, including being injured or killed, to my family or myself. I know that I have the option to purchase my own insurance. If I were to suffer any type of loss during the Activity, I would not want my loss to negatively impact the Hotel. As I am assuming all of the risks associated with the Activity, I would find it harsh and inequitable to ask the Hotel for indemnification relating to any events occurring during the Activity.
USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of my family or myself or use of my name in connection with such likeness, and I grant to the Hotel and its sponsors, partners, advertisers, and assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
If participant is under 18 years of age, signature of parent or responsible adult is required below:
In consideration of the minor child being permitted to participate in the Activity, I accept and agree to the full contents of this agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding this Activity. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor child during the Activity or in any way related to the Activity. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims any liabilities that governing law does not permit to be excluded by agreement.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.