RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I" or "me") desires to participate in an outdoor mineral tub soaking club (the "Activity") sponsored by Hot Wells Interpretive Center, a Texas limited liability company (“We” or "Camp Hot Wells"). In consideration of being permitted by Camp Hot Wells to participate in the Activity and in recognition of Camp Hot Wells' reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").
While some believe that soaking in natural hot springs may help alleviate conditions such as aches and pains, skin and nail conditions, arthritis, rheumatism and the like, you are hereby advised that the setting and environment at Camp Hot Wells is a natural one with the hazards associated with such an environment, such as, but not limited to, slippery surfaces, low light, hot water, changes in water temperature, hidden obstacles, electrical storms (lightning), heat and humidity, the presence of non-potable mineral water, i.e., not of drinking quality water, throughout the facility; insects and wild animals in the natural environment, contamination from outdoor pools and waters, which do not contain residual disinfectants, such as chlorine or bromine; etc. I willingly accept full responsibility for the inherent risks identified herein as well as risks not specifically identified. I will engage in the Activity at my own risk.
You are hereby further advised that the use of hot tubs may be dangerous to certain individuals with chronic health problems, pregnant women and persons taking certain prescription medications or intoxicants by virtue of causing exhaustion, dehydration, dizziness, and loss of consciousness; these persons should consult with their physicians before using the facilities of Camp Hot Wells.
You are advised that there are no lifeguards on duty throughout the bathing, soaking, or swimming facilities; all stated rules and regulations of the facility should be followed and that caution should be used when using the facilities, as the heated water may affect some patron’s stability and equilibrium.
I have been advised that there are inherent elements of risk in the Activity, including those described above. I warrant that I have considered all of these risks before agreeing to voluntarily participate in the Activity.
We respectfully request all members honor the following rules:
• Please check-in with a Camp Hot Wells staff member before entering soaking area
• No outside beer or alcohol. Outside wine $18 corkage fee/bottle.
• Limit sunscreens, body lotions and fragrances
• Respect your reservation times and use the facilities only during reserved times
• No Smoking/Vaping in or near the tubs
• Clothing optional
• Respect our shared space - no lewd behavior or sexual activity
• Minors under the age of 18 not permitted
• Patrons with an infectious or communicable disease or open wound are prohibited from entering the pools
• Patrons understand that consumption of alcohol may lead to dizziness, nausea or fainting while soaking in water over 100 degrees
• Maintain proper hydration
• All pets must be leashed
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF CAMP HOT WELLS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF CAMP HOT WELLS. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF CAMP HOT WELLS OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against Camp Hot Wells, and its officers, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of Camp Hot Wells or any Releasees or otherwise. I covenant not to make or bring any such claim against Camp Hot Wells or any other Releasee, and forever release and discharge Camp Hot Wells and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless Camp Hotel Wells and the other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, [incurred by/awarded against Camp Hotel Wells or any other Releasee arising out or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of Camp Hotel Wells or any other Releasee.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Camp Hot Wells from any claim based on such treatment or other medical services.
This Release constitutes the sole and entire agreement of Camp Hot Wells and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Camp Hot Wells and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Bexar County, Texas and I hereby consent to the exclusive jurisdiction of such courts. I agree that this Waiver is entered into by electronic means, as evidenced by my electronic signature below.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE CAMP HOT WELLS.