Phelps, WI | 844-814-2828

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Phelps, WI

Northwoods Resorts

WAIVER AND RELEASE OF ALL CLAIMS

Please read this form carefully and be aware that in deciding to participate in the described activities, you will be waiving and releasing all claims for injuries you might sustain arising out of your participation in those activities.

 

By signing this Waiver and Release of all Claims (“Agreement”), you indicate your desire to use the swimming pool [and sauna/hot tub] (the “Facilities”) located in the St. Germain Pool House (the “Lodge”). To induce the Lodge to allow you to use the Facilities, you hereby represent, warrant, and agree to all of the following:

 

1. You understand that using a swimming pool, hot tub or sauna all involve certain risks, including the risk of injury or death. You understand that if you decide to use the Facilities, you will do so entirely at your own risk. You understand that using a swimming pool, hot tub or sauna can involve strenuous physical activity, and you should not do so without consulting your physician if you are aware of any medical condition that might adversely affect your ability to safely use the Facilities.

 

2. By signing this Agreement, on behalf of yourself and your heirs, assigns, and legal representatives you agree that the Lodge and each of its owners, officers, employees, agents, insurers, successors and assigns, shall not be liable for any injury to person (including without limitation death) or property arising out of, caused by and/ or related to: 1) your use of the Facilities; 2) any activities or actions in which you are involved as a result of your use of the Facilities; 3) your use of or presence near any supplies or equipment, including, but not limited to, claims that the Facilities were defective, were not maintained, or that proper rescue or resuscitation equipment was not available; 4) the availability (or nonavailability) and/or use of any first aid, medical or healthcare equipment or services as a result of any injury or illness incurred while using the Facilities; and/or 5) any act or omission, including without limitation the negligent acts or omissions, of the Lodge and each of its owners, officers, employees, agents, insurers, successors and assigns, or from some other cause, whether foreseeable or unforeseeable. You further agree to forever waive and release each of the foregoing from any such claims.

 

3. By signing this Agreement, on behalf of yourself and your heirs, assigns and legal representatives, you hereby acknowledge and agree that:

  • there will be no lifeguards or other trained personnel on duty in the Facilities, and you use the Facilities at your own risk;
  • you will not admit to the Facilities any person who is not a guest of the Lodge and who has not signed a copy of this waiver and release of all claims; and
  • you will abide by all posted rules and regulations regarding the use of the Facilities.

 

4. By signing this Agreement, on behalf of yourself and your heirs, assigns, and legal representatives you hereby agree to defend, indemnify, and hold harmless the Lodge and each of its owners, officers, employees, agents, successors and assigns, from and against any claims, demands, actions, losses, or causes of action whatsoever arising out of or related to injury (including without limitation death) to person or property arising out of or related to: 1) your use of the Facilities; 2) any activities or actions in which you are involved as a result of your use of the Facilities; 3) your use of or presence near any supplies or equipment, including, but not limited to, claims that the Facilities were defective, were not maintained, or that proper rescue or resuscitation equipment was not available; 4) the availability (or nonavailability) and/or use of any first aid, medical or healthcare equipment or services as a result of any injury or illness incurred while using the Facilities; and/or 5) any act or omission, including without limitation the negligent acts or omissions, of the Lodge and each of its owners, officers, employees, agents, insurers, successors and assigns, or from some other cause, whether foreseeable or unforeseeable. If this Agreement is signed by a parent or guardian, then the obligations to defend, indemnity and hold harmless contained in this paragraph shall extend to the parent and/or guardian. 

 

5. In the event of a medical emergency that renders you unable to give consent to medical treatment, you hereby authorize the Lodge to secure and consent on your behalf to transportation and/or medical treatment by any licensed ambulance, physician, hospital, or other health care provider(s), and you agree that you shall be financially responsible for payment of any and all such medical transportation and/or treatment.

 

IF ANY PERSON USING THE FACILITIES IS A MINOR (UNDER 18 YEARS OF AGE):

By signing this agreement, I certify that I am the parent or other legal guardians of each minor who will be using the Facilities, and I agree to all of the terms and conditions described above, both on behalf of my child (to the extent permitted by law) and on behalf of myself. I understand that this includes without limitation the undertakings described in paragraph 4, and that I am personally obligated to defend, indemnify and hold harmless as described in that paragraph for any injury to person or property involving my child.