Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement
PLEASE READ CAREFULLY. BY CHECKING THE CHECK BOX AFTER THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
DayDreamer Domes (Owner of Property, Releasees) DayDreamer Domes pool facilities is for Dome & Day Pass guests only, I recognize and fully understand certain things, including:
• There is no lifeguard on duty, you are responsible for the safe operation of the pool and are responsible for all persons using the pool.
• DayDreamer Domes does not offer any form of "rain-check" on Day Passes. If bad weather is in the forecast, please know that we do not offer refunds because of any type of weather. Our staff monitors incoming threatening storms very closely. Evacuation occurs when audible thunder or visible lightning is observed or when lightning gets eight to five miles distant. The wait is 30 minutes after the last observed thunder or lightning before resuming swimming pool activities.
• My use of the pool facilities involves certain risks, including but not limited to:
1. The risk of injury resulting from the possible malfunction of the pool equipment;
2. The risk of injuries resulting from tripping or falling over obstacles in the pool area;
3. The risk of injuries resulting from unsupervised swimmers colliding;
4. The risk of other injuries resulting from participating in any action in the pool.
• 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 DayDreamer Domes allowing me to utilize the pool and pool areas, I hereby agree to the conditions below. I fully intend and choose to give up the legal rights, as stated below:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Owner, its directors, officers, employees, agents, or representatives (hereinafter referred to as the “Releases”) relating to my use of the pool and pool area;
2. TO RELEASE THE RELEASES from any and all liability for any loss, damage, injury, expense, or other costs that I may suffer or that my dependents may suffer in connection with my use of the Releases pool or pool area to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASES;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability to property, or personal injury to, any third party, resulting from the use of the pool or pool area
4. That I am over the age of 18 and that I am responsible and will adhere to all the rules of the property. If under 18, a parent/ guardian must sign before use alone and membership must reflect the use of each participant. Guests must also have a waiver.
5. Guest shall promise to indemnify and hold DayDreamer Domes harmless from all liability, loss, cost and expense (including reasonable attorney’s fees and disbursements) which DayDreamer Domes may sustain as a result of an accident, injury or other loss of any third party cause in any way by Guest’s use of DayDreamer facilities or equipment or by any illness, condition or disease of Guest.
6. Limitation of Liability: DayDreamer Domes shall not be liable for any loss or damage suffered by Guest (or dependents) as a result of personal injuries sustained by Guest in, on or about the premises of DayDreamer Domes and shall not be liable for the disappearance, loss theft or damage to person or property of Guest.
7. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me or anyone else authorized to act on my behalf or on behalf of my estate.
If applicable, I assume the responsibility for any youth listed on this document. I am aware that by agreeing to this document (by checking the below Check Box and typing my name), I am waiving certain legal rights that I may have against the Releases, and I fully agree to do so.
