Please read the full agreement below before signing.
Voluntary Participation
I, _____________________, desire to use the facilities of PICO SPA AND HEALTH CENTER, INC., d/b/a CITY SPA (hereinafter "CITY SPA"), located at 5325 West Pico Boulevard, Los Angeles, California 90019, and as a condition thereto, I represent, acknowledge and agree as follows:
1. I am in good physical condition and have medical approval to use the CITY SPA facilities, including, the steam room, Russian room, sauna, swimming pool, whirlpool, cold plunge, sun deck, gymnasium, massage and plaitza services and restaurant.
2. I understand that no one under the age of 18 will be admitted without a parent or guardian and guests under the age of 18 must be accompanied at all times by a parent or guardian.
3. I understand that elements of danger are present at CITY SPA, including, but not limited to, extreme heat and cold, soap, water, slippery surfaces, exercise machines and heavy weights. I also understand that the possibility of injury exists if I use the CITY SPA facilities.
Assumption of the Risk
4. I AM AWARE THAT USING THE CITY SPA FACILITIES IS A HAZARDOUS ACTIVITY. I VOLUNTARILY DESIRE TO USE THOSE FACILITIES WITH FULL KNOWLEDGE OF THE DANGER INVOLVED. I VOLUNTARILY ASSUME ALL RISK, KNOWN AND UNKNOWN, OF LOSS, INJURY OR DEATH, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION OR NEGLIGENCE OF CITY SPA, TO THE FULLEST EXTENT ALLOWED BY LAW AND VERIFY THIS STATEMENT BY PLACING MY INITIALS BELOW.
5. As consideration for the privilege to use the CITY SPA facilities, I agree that neither I, my spouse, heirs, assignees, guardians, or legal representatives will make any claim against or sue CITY SPA, or any of its officers, directors, agents, employees, shareholders or affiliates for any injury or property loss or damage resulting from my presence at CITY SPA, including the parking lot, or my use of the CITY SPA facilities.
6. On behalf of myself and my heirs, assigns, legal representatives and spouse, I hereby release and agree to indemnify CITY SPA, its officers, directors, agents, employees, shareholders and affiliates from and for all claims, actions and demands that may result from my presence at CITY SPA or my use of the CITY SPA facilities, including claims for bodily injury, emotional injury, sickness, disease, property loss or damage.
7. If I bring anything of value in CITY SPA, I will place it in the safe deposit boxes at the front desk. I understand that only one key exists for each such box and I will be responsible for all costs incurred if I lose any key assigned to me. I understand that CITY SPA shall not be responsible for any loss of money or property placed in the safe deposit boxes, in any locker or in any other location on the CITY SPA premises.
8. I understand that CITY SPA shall not be responsible for any loss of or damage to any motor vehicles, including those parked in the CITY SPA parking lot or moved by any person in the CITY SPA parking lot. CITY SPA shall not be responsible for any property left in any motor vehicle parked in the CITY SPA parking lot.
9. I understand that CITY SPA has the right to refuse service or facilities use privileges to any person whose conduct is inappropriate or an unreasonable disturbance to other members or guests, and that any such conduct which continues after receiving notice from CITY SPA shall be grounds for suspension or termination of facilities use privileges. In such event no refunds shall be allowed.
10. If any action is taken or expense incurred (including legal fees) to enforce this agreement, the prevailing party shall be entitled to recover all such expenses including costs and attorney's fees.
Knowing and Voluntary Execution
11. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND CITY SPA AND SIGN IT OF MY OWN FREE WILL.