Blue River Escape  |  872 Maryland Creek Road, Silverthorne, CO 80498

Hot Tub & Fire Pit Acknowledgment of Risk, Release of Liability & Safety Agreement

Each adult who plans to use the hot tub or fire pit signs this waiver for themselves. Adults who won't use either amenity do not need to sign. A parent or legal guardian completes it for a participating minor (fire pit area only).

Owner: BLL Holdings & Investments, LLC

IMPORTANT - PLEASE READ CAREFULLY BEFORE SIGNING. THIS AGREEMENT AFFECTS LEGAL RIGHTS.

1. Voluntary Use of Amenities

Use of the hot tub/swim spa and fire pit at Blue River Escape is entirely voluntary. These amenities are not required for occupancy or enjoyment of the property.

By choosing to use either amenity, I agree to comply with this Agreement, all posted safety instructions, Blue River Escape House Rules, manufacturer instructions, and any temporary restrictions communicated by property management.

I understand that I should not use an amenity if I believe its condition or surrounding area is unsafe. I agree to discontinue use immediately and notify property management if I observe an unsafe condition.

2. Acknowledgment and Assumption of Risk

I understand that use of a hot tub/swim spa and fire pit involves inherent and other risks that may result in illness, property damage, serious bodily injury, disability, or death.

Hot tub/swim spa risks may include, but are not limited to: drowning; overheating; heat exhaustion; heat stroke; dehydration; slips and falls; wet, icy, or slippery surfaces; chemical or thermal burns or irritation; skin, ear, bladder, lung, or other infections; adverse reactions involving alcohol, drugs, medications, pregnancy, or health conditions; and injuries caused by improper use or inadequate supervision.

Fire pit risks may include, but are not limited to: burns; exposure to flame, heat, sparks, smoke, or hot surfaces; ignition of clothing or nearby materials; falls; and injuries or property damage caused by misuse, weather conditions, failure to follow operating instructions, or fire outside of the fire pit.

I knowingly and voluntarily assume the risks, both known and reasonably foreseeable, associated with my use of these amenities.

3. Hot Tub / Swim Spa Safety Requirements

  • Only an adult who has completed this Agreement may unlock or open the hot tub/swim spa cover.
  • An adult who has completed this Agreement must supervise the hot tub/swim spa whenever it is uncovered or in use.
  • The supervising adult is responsible for closing and securely locking the cover after use.
  • An open or unsecured hot tub/swim spa is a safety hazard. The cover must be secured when the spa is not in use.
  • Pregnant women, children, and individuals with heart disease are not permitted to use the hot tub/swim spa.
  • Individuals taking medication or being treated for diabetes, high or low blood pressure, stroke, epilepsy, a weakened immune system, or other medical conditions, as well as frail elderly individuals, should consult their physician before using the hot tub/swim spa.
  • Hot tub use should be limited to no more than 15 minutes at a time to reduce the risk of overheating, fainting, or drowning.
  • Keep the head, arms, and upper chest out of the water as appropriate to avoid overheating.
  • Exit the hot tub immediately if you feel dizzy, overheated, nauseated, faint, or otherwise unwell.
  • Stay adequately hydrated before and during hot tub use.
  • Do not enter the hot tub/swim spa if the water temperature exceeds 104 degrees F.
  • Do not enter the hot tub/swim spa if the water appears murky, contaminated, or otherwise unsafe. Notify property management immediately.
  • Do not consume alcohol or use drugs before or during hot tub/swim spa use.
  • Shower before entering the hot tub to remove oils, cosmetics, lotions, hair products, and other substances.
  • Shower after use to rinse hot tub chemicals from the skin.
  • No shoes, street clothing, pets, or glass containers are permitted in or around the hot tub/swim spa.
  • Do not eat, use soap or shampoo, urinate, spit, or engage in sexual activity in the hot tub/swim spa.
  • Do not use the hot tub/swim spa if you have open sores, wounds, cuts, diarrhea, or another condition that could contaminate the water or create a health risk.
  • Do not dive, jump, engage in horseplay, or participate in other unsafe behavior in or around the hot tub.
  • Exercise caution when entering and exiting because surrounding surfaces may be wet, icy, or slippery. Use the handrail when appropriate.
  • Never sit, stand, walk, or lie on the hot tub/swim spa cover.
  • Do not drain, service, alter, tamper with, or add chemicals to the hot tub/swim spa.
  • Hot tub/swim spa use is prohibited after 10:00 PM.
  • Close and securely lock the cover after every use.

4. Fire Pit Safety Requirements

  • No person under the age of 18 may operate or use the fire pit without direct adult supervision.
  • An adult who has completed this Agreement must be present and actively supervising whenever the fire pit is operating.
  • Never leave the fire pit unattended while it is operating.
  • Operate the fire pit only according to the provided instructions.
  • Do not add wood or burn paper, trash, or any other material in the fire pit.
  • Do not use accelerants or other flammable substances to ignite or increase the flame.
  • Never allow gas to continue flowing if the flame is not lit.
  • Keep clothing, furnishings, combustible materials, and personal belongings a safe distance from the flame and hot surfaces.
  • Do not sit on the edge of the fire pit. Guests should remain a safe distance from the flame.
  • Roasting marshmallows is permitted but is undertaken at the individual's own risk because of the increased possibility of burns.
  • Be vigilant for sparks, flames, or other conditions that could cause a fire outside the fire pit.
  • Completely turn off the fire pit immediately after use.
  • The fire pit must not be used when prohibited by property management, applicable law, emergency order, manufacturer instructions, or a fire restriction applicable to the equipment or its use.

5. Release of Liability

To the fullest extent permitted by Colorado law, I release and agree not to hold liable BLL Holdings & Investments, LLC, the owners of Blue River Escape, the property manager, and their respective members, managers, employees, agents, representatives, contractors, successors, and assigns (collectively, the "Released Parties") for claims for bodily injury, illness, death, or property damage arising from my voluntary use of the hot tub/swim spa or fire pit, including claims arising from the ordinary negligence of a Released Party, except to the extent such a release is prohibited by applicable law.

This Agreement is not intended to release or waive any claim or liability that cannot lawfully be released or waived under Colorado law.

6. Indemnification and Responsibility for Damage

To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties from claims, damages, liabilities, costs, and reasonable attorney fees arising from my own misuse of the covered amenities, my violation of this Agreement, or my willful, reckless, or negligent conduct.

I further accept financial responsibility for damage to the hot tub/swim spa, fire pit, surrounding property, equipment, or facilities caused by my willful actions, misuse, neglect, recklessness, or violation of the applicable rules.

7. Responsibility for Rental Party and Individual Adult Waivers

The Primary Guest is responsible for communicating Blue River Escape's House Rules and hot tub/fire pit safety requirements to the rental party and taking reasonable steps to ensure compliance.

Each adult who intends to use the hot tub/swim spa or fire pit must complete and sign his or her own Agreement before using those amenities.

One adult guest is not signing away the independent legal rights of another adult guest. Each participating adult signs this Agreement individually for himself or herself.

Adults who do not intend to use the hot tub/swim spa or fire pit are not required to sign this amenity waiver.

8. Parent / Legal Guardian of Minor Participants

Where a minor is permitted to participate in an activity covered by this Agreement, the minor's parent or legally authorized guardian must complete the applicable portion of this Agreement.

By signing for a minor, the parent or legal guardian represents that he or she has legal authority to do so, has reviewed the applicable risks and safety requirements on the minor's behalf, and accepts responsibility for directly supervising the minor.

To the extent permitted by Colorado law, the parent or guardian releases the minor's prospective negligence claims relating to the covered activity. Nothing in this Agreement is intended to waive a claim that Colorado law prohibits a parent or guardian from waiving.

For clarity, children are not permitted to use the hot tub/swim spa. This section applies only to activities for which participation by a minor is otherwise permitted, including presence around or supervised use of the fire-pit area.

9. Emergency Medical Care

If emergency medical care becomes necessary in connection with use of the covered amenities, I authorize reasonable emergency assistance, including first aid, CPR, use of an AED, emergency medical services, and emergency transportation as circumstances may require.

I understand that I am responsible for medical and transportation expenses incurred on my behalf and that Blue River Escape and the Released Parties do not provide health or medical insurance for guests.

10. Colorado Law and Severability

This Agreement shall be interpreted and governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

11. Electronic Signature and Record

I agree that my electronic signature, electronic acknowledgment, or other affirmative electronic consent may be used to execute this Agreement and shall have the same effect as my handwritten signature to the extent permitted by applicable law.

The electronic record associated with this Agreement may include my name, electronic signature or affirmative consent, date and time of execution, reservation identifier, and the version of this Agreement accepted. The completed record may be retained with the reservation.

12. Acknowledgment

BY SIGNING BELOW, I CONFIRM THAT I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT IT INCLUDES AN ASSUMPTION OF RISK AND RELEASE OF CERTAIN LIABILITY CLAIMS, HAVE HAD THE OPPORTUNITY TO REVIEW IT BEFORE USING THE COVERED AMENITIES, AND SIGN IT KNOWINGLY AND VOLUNTARILY.

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By signing you agree that your electronic signature has the same effect as a handwritten signature, and that your name, signature, date, time, IP address, and the document version will be kept with the reservation record.

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