USE OF SWIMMING POOL- ASSUMPTION OF RISKS, WAIVER OF CLAIMS, INDEMNITY AND RELEASE OF LIABILITY AGREEMENT

I personally or as parent or guardian on behalf of any participating minor(s) for which I am responsible, agree to the following Assumption of Risks, Waiver of Claims, Indemnity and Release of Liability Agreement (the “Agreement”):

I acknowledge and understand that there is NO LIFEGUARD ON DUTY AT THE SWIMMING POOL and that I or any participating minor(s) for which I am responsible is USING THE SWIMMING POOL AT MY OWN RISK.

I acknowledge and understand that Colonial Hotel does not have on or about the premises medical services or provisions for ordinary or emergency medical services including but not limited to emergency cardiovascular assistance.

I acknowledge and understand that I MUST BE PERSONALLY PRESENT AT THE SWIMMING POOL AT ALL TIMES when a minor for which I am responsible is using the Swimming Pool or is in the Swimming Pool area.

I acknowledge and understand that I will not take any action which would allow unauthorized access to the Swimming Pool by any person.

I acknowledge and understand that my use of the Swimming Pool involves certain inherent risks, hazards, and dangers for anyone that cannot be eliminated.  I understand that these risks, hazards, and dangers include without limitation : 1. Water hazards which may result in bodily injury or illness including drowning; 2. Injury or illness which may be caused by the negligence of other guests of Colonial Hotel; 3. Injury resulting from possible malfunction of the pool equipment; 4. Injury resulting from tripping or falling over obstacles in the pool area; 5. Injury resulting from unsupervised divers and swimmers colliding; and 5. Injuries resulting from participating in any action in the Swimming Pool.

I acknowledge and understand that the above list is not a complete or exhaustive list of all possible risks and only provides examples of the types of risks that I am assuming.

I acknowledge and confirm that I am over the age of 18 and have read, understood and agree to abide by all the rules and regulations imposed by Colonial Hotel regarding the use of the Swimming Pool set out at www.colonialhotel.com .

I agree to always conduct myself in a controlled and reasonable manner, and to refrain from using the Swimming Pool in a manner inconsistent with its intended design and purpose.

I understand and acknowledge that Colonial Hotel is not responsible for personal property that is lost, stolen, or damaged while in, on, or about the Swimming Pool.

I acknowledge and confirm that my use of the Swimming Pool is voluntary. No one is forcing me to use the Swimming Pool, and I elect to use the Swimming Pool in full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks of injury, paralysis, or death arising from my use of the Swimming Pool.

I am aware and understand that video surveillance may occur in areas of the Swimming Pool.

In consideration of my use of the Swimming Pool, I expressly agree and contract, on behalf of myself, my heirs, executors. administrators, successors and assigns, that Colonial Hotel and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or any minor(s) for which I am responsible, in, on, or about the Swimming Pool, or as a result of the use of the Swimming Pool, regardless of whether such injuries result, in whole or in part, from the negligence of the company.

By the execution of this Agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or any minor(s) for which I am responsible, and I hereby fully and forever release and discharge Colonial Hotel, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said use of the Swimming Pool.

By the execution of this Agreement I expressly agree to indemnify and hold Colonial Hotel harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or any minor(s) for which I am responsible. I agree to be solely responsible for the safety and wellbeing of any minor(s) for which I am responsible and for myself.