Only one spa guest is permitted per waiver form.

TO:

Whitewater Beer Spa Ltd., Summerhill Resorts Ltd. (in its capacity as Landlord), Whitewater Cottage & RV Resort, Whitewater Brewing Co., and each of their respective parents, subsidiaries, directors, officers, employees, owners, landowners, volunteers, agents, successors, assigns, insurers, affiliates, contractors, subcontractors, suppliers, representatives, participants, and sponsors (collectively referred to as the "SPA").

"Spa Facility"

Means the properties, premises, land, and areas located in and surrounding 503 Rafting Road, Foresters Falls, Ontario, including but not limited to overnight rental cabins, glamping accommodations, RV sites, campground areas, reception areas, change rooms, showers, washrooms, relaxation pools, hot tubs, saunas, steam rooms, cold plunge pools, dump buckets, treatment rooms, indoor and outdoor relaxation areas, cabanas, lounges, fire pit areas, hammock areas, swing areas, eating and dining areas, tap rooms, breweries, beer gardens, beach areas, docks, adjacent lakes, rivers, or waterways, hallways, walkways, ramps, stairs, elevators, doorways, parking lots, driveways, sidewalks, and all surrounding vegetation, landscapes, and physical structures.

"Use of the Spa"

Shall include any and all activities, access, accommodation, and utilization of services at or related to the Spa Facility, including but not limited to overnight stays, site rentals, thermal spa cycles, hot and cold water therapy, use of watercraft (including canoes, kayaks, and stand-up paddleboards), participation in recreational games or sports, consumption of food and alcoholic or non-alcoholic beverages, and all other uses, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the SPA.

I am aware that my use of the Spa Facility involves many inherent risks, dangers, and hazards to myself and my property. These risks include, but are not limited to:

Accidental drowning, near-drowning, or severe injury resulting from prolonged underwater exposure, swimming, or watercraft utilization; ingestion of water; exposure to spa, pool, and hot tub cleaning and maintenance chemicals; hypothermia or frostbite from environmental exposure or cold plunge pools; thermal burns from fire pits; sunburn and skin irritation.

Cuts, scrapes, bruises, nail or nail-bed injuries; open and closed head injuries, including concussions; eye and ear injuries; muscle and joint sprains, strains, or dislocations; broken bones; severe allergic reactions (including food and beverage allergies); food-borne or water-borne illnesses; alcohol poisoning or over-intoxication; paralysis; or death.

Slipping, tripping, or falling on wet, icy, or slippery floors, decks, docks, ramps, stairs, ladders, or other indoor and outdoor surfaces; falling from elevated structures, furniture, hammocks, or equipment; loss of balance; impact or collision with other guests, staff, equipment, watercraft, or physical structures (including the walls, edges, or bottoms of pools, hot tubs, saunas, and steam rooms).

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Exposure to dirt, algae, mold, bacteria, viral agents, fungal agents, or other environmental pathogens; theft, loss, or damage to personal property; flying, floating, or falling objects; misuse or malfunction of spa equipment, watercraft, furniture, or apparatus; horseplay, unruly behavior, or negligence of other spa users; and the complete absence of lifeguards or professional medical/first-aid personnel on the premises.

NEGLIGENCE ON THE PART OF THE SPA (INCLUDING THE LANDLORD, SUMMERHILL RESORTS LTD.), including the failure of the SPA to take reasonable steps to safeguard or protect me or my property from the risks, dangers, and hazards of using the Spa Facility, including those referred to above. I freely accept and fully assume all such risks, dangers, and hazards, and the possibility of personal injury, death, property damage, or loss resulting therefrom or relating in any way to my use of the Spa Facility.

1. No Supervision / No Lifeguards: I have been explicitly warned and understand that no lifeguards or first-aid personnel are on duty or present during my use of the Spa Facility, including areas adjacent to open water. I acknowledge and accept that there is an increased risk of injury or death as a result, and I voluntarily elect to use the facilities despite this risk.

2. Nature of Staff Duties: I understand that SPA employees have demanding duties to perform and, while they strive to maintain a safe environment, they may be unaware of my specific health conditions, physical limitations, or medical history, and they may provide incomplete warnings or instructions.

3. Alcohol Consumption: I acknowledge that alcoholic beverages are available for purchase and consumption at the Spa Facility (including on-site breweries and taprooms). I understand that the consumption of alcohol, particularly in conjunction with high-temperature environments (hot tubs, saunas, steam rooms) or water activities (swimming, boating), severely exaggerates the effects of alcohol, induces dehydration, impairs judgment, and drastically increases the risk of injury, cardiovascular distress, or death. I covenant to consume alcohol responsibly, abide by all provincial legal drinking ages, and agree not to become intoxicated while at the Spa Facility.

In consideration of the SPA permitting my use of the Spa Facility, and for other good and valuable consideration (the sufficiency of which is hereby acknowledged), I, on behalf of myself, my spouse, my children, my parents, my heirs, my assigns, my personal representatives, and my estate, agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the SPA, and to release the SPA from any and all liability for any loss, damage, expense, or injury (including death) that I or my family members/estate may suffer as a result of my use of the Spa Facility, due to any cause whatsoever. This includes, but is not limited to, negligence, breach of contract, breach of statute, or breach of any statutory or regulatory duty of care or warranty, including any duty of care owed under the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 by the SPA, as well as any failure by the SPA to safeguard or protect me from the risks, dangers, and hazards mentioned herein.

2. TO HOLD HARMLESS AND INDEMNIFY THE SPA from any and all claims, actions, demands, and liability, including all related legal fees, disbursements, and expenses, for any property damage, financial loss, personal injury, or death to any third party arising from or connected in any way with my use of the Spa Facility.

3. This Waiver and any rights, duties, and obligations between the parties shall be governed strictly in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

4. Any litigation, suit, action, or legal claim brought against the SPA arising from or connected to the Spa Facility must be brought solely within the Province of Ontario and shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

5. If any provision, paragraph, or portion of this Waiver is found to be void, illegal, or unenforceable, that portion shall be severed, and the remaining portions shall continue in full force and effect.

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6. I grant the SPA the unrestricted, royalty-free right to photograph, videotape, and/or record me during my visit, and to use my name, voice, likeness, and appearance in connection with publicity, exhibitions, marketing, advertising, and promotional materials without reservation, compensation, or further approval.

7. This Waiver shall be fully effective, binding, and enforceable upon my spouse, my children, my parents, my heirs, my assigns, my estate, and my personal representatives in the event of my death, injury, or incapacity.

I confirm that in entering into this Waiver, I am not relying on any oral or written statements or representations made by the SPA regarding the safety or condition of the Spa Facility other than what is explicitly set forth in this document.

I confirm that I am nineteen (19) years of age or older, that I have carefully read, considered, and fully understand the contents and legal consequences of this Waiver, and that I agree to be bound by its terms freely, voluntarily, and wholly upon my own judgment and accord.