PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, INCLUDING BY BOOKING YOUR RESERVATION ELECTRONICALLY ONLINE, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE.
To THE KIWI MOTEL, including its owners, employees, agents, or representatives, hereinafter referred to as the “Releasees”:
I may choose to swim, use hot tub or ice rink at the Releasees’ pool, hot tub and ice rink during my stay, and in doing so I acknowledge that I recognize and fully understand certain things, including:
- At no time is there a lifeguard on duty, or supervision for other activities and that I am solely responsible for my safety and that of all persons in my party who use the pool, hot tub or ice rink during my stay.
- My use of the pool, hot tub and ice rink during my stay involves certain risks, including but not limited to injuries or death resulting from:
- malfunction of the pool, hot tub or ice rink;
- tripping or falling over obstacles in the pool, hot tub or ice rink area;
- unsupervised divers and swimmers or ice rink participants colliding ;
- participating in any action in the pool, hot tub or ice rink.
- I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming.
In exchange for the Releasees allowing me to utilize the pool, hot tub and ice rink areas during my stay, I hereby agree to the conditions below. I fully intend and choose to give up the legal rights, as stated below:
- TO WAIVE ANY AND ALL CLAIMS that I have or may have now or in the future against the Releasees, relating to my use of the pool. hot tub and ice rink areas;
- TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my next of kin may suffer in connection with my use of the pool, hot tub and ice rink areas to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, personal injury or death to, any third party, resulting from the use of the pool, hot tub and ice rink areas ;
- THAT I AM OVER THE AGE OF 18 and that I am responsible and will adhere to all the rules of the property;
- THAT THIS WAIVER, RELEASE AND AGREEMENT is fully effective and shall be effective and binding upon me, and my heirs, my next of kin, executors, administrators, and assigns, or anyone else authorized to act on my behalf or on behalf of my estate.
I have read and understood this document. I am aware that by signing this document, I am waiving certain legal rights that I may have against the Releasees, and I fully agree to do so.