ACKNOWLEDGEMENT OF RISKS & HAZARDS,
LIABILITY RELEASE AND CODE OF CONDUCT
1. I accept for use, as is, the equipment listed on this form and accept full responsibility for its care while it is in my possession. I agree to RELEASE, FOREVER DISCHARGE, INDEMNIFY, DEFEND and HOLD HARMLESS Salamander Innisbrook, LLC (hereinafter collectively referred to as “Hotel”) for all loss or damage I may cause to this equipment, except for reasonable wear and tear. (Equipment value:$ 200.00)
2. I understand that Pilates is a HAZARDOUS ACTIVITY. I understand that Pilates involves risk of injury to any and all parts of my body. I understand that there are numerous risks and dangers inherent in Pilates, including but not limited to: falls, strains, and sprains. I understand that having a Hotel employee present does not lessen the amount of severity of the risks of Pilates. I understand that the Hotel is not responsible for my safety. I understand and accept that minor injuries may become life-threatening emergencies when alone or far away from others or convenient facilities.
3. I hereby certify that I am physically fit and have no medical conditions or allergies that affect my ability to participate in this activity. Initials:
4. I hereby freely and expressly assume and accept the responsibility for any and all risks of injury or death while participating in this activity or related activities, or while I am present on the Hotel’s premises, and I agree to RELEASE, FOREVER DISCHARGE, INDEMNIFY, DEFEND and HOLD HARMLESS Hotel, its parent companies, owners, directors, officers, agents, employees, land owners, as well as the equipment manufacturers or distributors, hereafter RELEASEES from any and all losses, damages, costs and attorney’s fees resulting from any and all claims or suits for personal injury, death and/or property damage that may in any way arise out of my participation in this activity, related activities, or my use of the Hotel’s equipment, or the Hotel premises, regardless of how, or by whom, or by what the personal injury, death and/or property damage was caused.
5. I AGREE TO RELEASE, FOREVER DISCHARGE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL CLAIMS, SUITS, COSTS AND ATTORNEYS FEES FOR DAMAGE AND PERSONAL INJURY TO ME OR MY PROPERTY RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASEES OR THEIR REPRESENTATIVES. I UNDERSTAND THAT THE RELEASEES ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF THEIR OWN NEGLIGENCE, THAT IS, THEIR FAILURE TO USE REASONABLE CARE IN ANY WAY.
6. I understand that this agreement shall be binding on my heirs, executors, administrators, and assigns and shall be governed by the applicable laws of Florida. I also understand that if any part of this agreement is determined to be unenforceable; all other parts shall remain in and be given full force and effect. I agree that any claims I bring against the RELEASEES shall be submitted to the jurisdiction of Florida and that no claims against the RELEASEES shall be brought in any other jurisdiction. I agree that there have been no warranties, expressed or implied, which have been made to me, which extend beyond the description of the equipment listed on this form.
7. I acknowledge that I have read the Hotel’s Code of Member Conduct (below). I agree to abide by all of the rules and regulations contained in these sections at all times.
Initials:
8. I understand that permission to use the Hotel’s equipment and/or property is being given to the undersigned participant in exchange for the execution of this Liability Release.
9. I have read the above paragraphs and fully understand them, I understand that this is a RELEASE OF LIABILITY, which will legally prevent me or any other person from filing suit or making claims for damages in the event of a personal injury, death or property damage. I freely and voluntarily enter into this agreement. I have made no misrepresentations to the Hotel regarding my name, age, or medical condition. I intend this document to be interpreted as broadly as permissible by Florida law.
As a parent/guardian signing this agreement for the above named minor, I acknowledge and agree that I have read the above document, and that by signing this document on behalf of the minor, the minor and I agree to be bound by its terms. I hereby agree to RELEASE, INDEMNIFY, DEFEND and HOLD HARMLESS the RELEASEES for any claim or suit arising out of said minor’s participation in the activity or said minor’s presence on the Hotel’s premises.
Participants are responsible for their own conduct and for the conduct of their family members and guests. Any participant whose conduct or whose family's or guest's conduct shall be deemed by the Resort to be likely to endanger the welfare, safety, harmony or good reputation of the Resort its Members or Guests or is otherwise improper, may be asked to suspend the activity or leave the property. Resort management shall be the sole judge of what constitutes improper conduct, but improper conduct will include, without limitation: (i) submitting false information to the Resort, (ii) failing to abide by the rules and regulations as set forth herein and as established by the Resort from time to time, (iii) abusing, harassing or intimidating Service Professionals, Resort Guests or Members using physical force, un-sportsmanlike conduct, profanity, unwanted advances, denigration or acting in a manner incompatible with the standard of conduct of the existing Membership or which would likely injure the reputation of the Members, the Club or the Resort.
Be safety conscious—if you get into trouble or need emergency help, CALL 911!