Please fill out the following form and include any/all dependents in order to use our facilities.
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PLEASE READ CAREFULLY, BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
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By swimming in the Cosmik Tiki, LLC's pool and using the Cosmik Tiki, LLC's facilities, I recognize and fully understand certain things, including:
• At no time is there a lifeguard on duty, you (the swimmer) is responsible for the safe use of pool and other facilities for yourself and all your dependents.
• My (the swimmer) and all my dependents use of the pool and other facilities may involve certain risks including but not limited to:
1. The risk of injuries resulting from possible malfunction of pool and other facility equipment.
2. The risk of injuries resulting from tripping or falling over obstacles in the pool and/or the facilities area.
3. The risk of injuries resulting from unsupervised swimmers and other guests colliding.
4. The risk of other injuries resulting from participating in any action in the pool and/or any other Cosmik Tiki, LLC's facilities.
• 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 Cosmik Tiki, LLC allowing me to utilize the pool, pool area and facilities, I hereby agree to the conditions below.
I fully intend and choose to give up the legal rights as stated below:
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1. TO WAIVE ANY AND ALL CLAIMS that I and/or my dependents have or may have in the future against the Cosmik Tiki, LLC., its directors, officers, employees, agents, or representatives relating to my use of the pool, pool area and facilities.
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I or my dependents may suffer or that my next of kin may suffer in connection with my use of the pool, pool area and other facilities to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF COSMIK TIKI, LLC.
3. TO HOLD HARMLESS AND INDEMNIFY COSMIK TIKI, LLC from any and all liability to property, or personal injury to, any third party, resulting from the use of the pool, pool area and/or any facilities.
4. That I am over the age of 18 or that if I am under the age of 18 my parent/guardian has signed this form and that I am responsible and will adhere to all the rules of the property.
5. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, my dependents, my heirs, 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 and/or my dependents may have against the Releasees, and I fully agree to do so.
I also acknowledge that should I (the swimmer) and/or my dependents be doing anything considered inappropriate or disorderly, or disrupting to other swimmers, I and/or my dependents may be asked to leave by a member of Cosmik Tiki, LLC.
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