Sagecliffe Resort and Spa Liability Waiver
- A. General Release of Liability, Waiver and Indemnity. I acknowledge and understand that I have voluntarily chosen to enter the premises, participate in the activities and/or engage the services (hereafter “Activities”) provided by Sagecliffe Resort & Spa, LLC (hereafter “Sagecliffe”), including but not limited to; pool, spa, gym, equipment rentals and hiking trails. I further acknowledge and understand that any Activities I engage in are at my sole choice and discretion. I release, forever discharge, defend, indemnify, and hold harmless Sagecliffe and its affiliates, insurers, owners, partners, members, employees, agents and/or independent contractors, from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the Activities at Sagecliffe. I understand and acknowledge that this release discharges Sagecliffe from any liability or claim that I, or my guardians or successors, may have against Sagecliffe with respect to bodily injury, personal injury, illness, death, and/or property damage that may result from my Activities at Sagecliffe, whether caused by the negligence of Sagecliffe or otherwise. I hereby release and forever discharge Sagecliffe from any claim whatsoever which arises or may hereafter arise on account of any first aid treatment or other medical services rendered in connection with my Activities at Sagecliffe.
- B. Assumption of Risk. I recognize and understand that my Activities at Sagecliffe may, in some situations, involve inherently dangerous activities. I understand that Sagecliffe is located in a “living desert” environment and animals such as rattlesnakes, scorpions, spiders, and other desert creatures may be present on or near property. I assume the risk of actual or alleged transmission of a communicable disease such as COVID-19. I hereby expressly assume the risk of injury or harm in connection with the Activities and release Sagecliffe from all liability for injury, illness, death, or property damage resulting from the Activities. I further assert and agree that I will adhere to all instructions given to me by Sagecliffe and agree that Sagecliffe is not responsible for lost or stolen property. No swimming in any lake or pond on Sagecliffe property. Swimming in the Columbia River is at your own risk and this area is not owned or patrolled by Sagecliffe.
- C. General Observance of Rules. I agree not to smoke on the property, not to engage in any Sagecliffe Activity or use any Sagecliffe facility while under the influence of drugs or alcohol, not to bring any outside alcohol onto the property, to refrain from any abusive, disorderly or inappropriate behavior, not to enter into any lake or pond on Sagecliffe property, not to park or drive a vehicle into areas where vehicles are expressly prohibited (i.e. hiking paths, secured areas, etc.), observe all rules pertaining to pets, hiking trails, pool, spa, gym and other facilities, services and activities, to supervise all minors and others under my care, and to otherwise abide by all rules posted in or around the Sagecliffe property.
- D. Pool. In addition to the above, I agree to and acknowledge the following: At no time is there a lifeguard on duty and I will not bring any outside alcohol into the pool area. I am responsible for the safe use of pool facilities. My use of the pool facilities may involve certain risks including but not limited to: The risk of injuries resulting from possible malfunction of pool equipment; The risk of injuries resulting from tripping or falling over obstacles in the pool area; The risk of injuries resulting from unsupervised swimmers colliding; 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. If I (or any member of my group) do anything considered inappropriate or disorderly, such as disrupting others in the pool area, I/they may be asked to leave.
- E. Gym. In addition to the above, I agree to and acknowledge the following: I understand that exercise, training and using fitness equipment are potentially hazardous activities. I further understand that these activities involve risks of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. I acknowledge that exercise on the body cannot be predicted with complete accuracy and that injuries may occur during or following exercise that could lead to these complications and adversely affect my health. Accordingly, I acknowledge that I am voluntarily participating in these activities with the full knowledge and understanding of the potential dangers. I am aware that a comprehensive medical examination is necessary before using the equipment and machinery and that a consultation with a physician is essential to determine which physical activities, exercises, training and programs, if any, are recommended by my personal doctor. I also have read and been informed of the following warning and notification: “If you are currently under a physician’s care for an injury, condition or illness, Sagecliffe strongly urges you to consult your physician before conducting any exercises, using any equipment, or participating in any program at Sagecliffe.” Whether I have had an examination or voluntarily assume all liability I declare that I am physically fit, sound and suffering from no condition, impairment, disability, disease, infirmity, or illness that should prevent my participation in any program and the use of any exercise equipment and machinery. I understand that Sagecliffe does not provide supervision, instruction, or assistance for the use of the facilities and equipment. I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment and I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. I understand and agree that Sagecliffe is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
- F. Hiking Trails. In addition to the above, I agree to and acknowledge the following: I have been fully informed of the inherent hazards and risks associated with hiking, transportation of equipment related to the activities, and traveling to and from activity sites, in which I am about to engage. Inherent hazards and risks include but are not limited to: Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death; Falling, causing broken bones severe injuries to the head, neck and back which may result in severe impairment or even death; All “acts of nature,” including but not limited to rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature and other weather conditions; Risks associated with crossing, climbing or downclimbing of rock, snow and/or ice; Possible equipment failure and/or malfunction of my own or others’ equipment, which may have been rented, borrowed, or personally owned; My own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of including but not limited to operator failure; Cold & hot weather injuries and illness including but not limited to frostnip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration; Attack by or encounter with insects, reptiles, and/or animals; Accidents or illness occurring in remote places where there are no available medical facilities; Fatigue chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident; My sense of balance, physical coordination, and ability to follow instructions. I agree to wear appropriate attire while using the hiking trails, including closed-toe shoes. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in Injury, illness, or death. I will not be under the influence of drugs or alcohol while utilizing the hiking trails.
- G. Pets. We are pleased to welcome gentle, well-socialized pets to Sagecliffe, but need to be informed of all animal companions at time of reservation & check-in. To ensure comfort and safety of our human and pet guests, we ask for agreement of the following: At check-in, there is a $50 per night, per pet fee in pet-friendly rooms only. Pets are not permitted in beds. If additional room or bedding cleaning is required due to excessive fur/hair (or any other reason), an additional fee up to $200 may be charged. Pets must be kept on a leash when in any public or common space and owners must pick-up after them (disposal bags are available at the front desk). Pets may not be brought into our restaurants (except outdoor seating), the spa or pool facilities. Pets must be crated if left unattended in rooms. Damages for uncrated pets are the responsibility of owners and will be charged accordingly. Sagecliffe is not responsible for any desert creature impacts to pets. If a pet is discovered in a non-pet friendly room, you will be asked to move and a minimum $250 fee will be assessed.
- H. Insurance. I understand and acknowledge that Sagecliffe does not provide medical, disability, product liability, life, personal, accident, general liability or other insurance for any accident, injury, loss, or death that may arise from my engaging in the Activities.
- I. Photographic and Statement Release. I grant and convey to Sagecliffe all right, title, and interest in any and all photographic images, video or audio recordings, and statements or writing made by or to Sagecliffe during my Activities with Sagecliffe (the “Materials”), including, but not limited to, any royalties, proceeds, or other benefits derived from such Materials. I grant Sagecliffe the unrestricted right and permission to use the Materials for any lawful purpose whatsoever. I waive any right of publicity or privacy I might have with respect to such Materials.
- J. Dispute Resolution. I agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof which is less than Ten Thousand Dollars ($10,000) shall be resolved via small claims court in King County. Any claim greater than Ten Thousand Dollars ($10,000) shall first be mediated by Judge Richard McDermott or a similarly situated JAMS mediator via a virtual mediation in Washington State with a 50/50 spit of all mediator/mediation fees. If the mediation is unsuccessful, the claim shall proceed to arbitration in King County, Washington. The arbitration shall be administered by JAMS pursuant to the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement. The parties will split the initial arbitration fee 50/50; however, the prevailing party in the arbitration, as determined by the arbitrator, shall be entitled to reimbursement of all fees, costs and expenses incurred in connection with the arbitration. I agree that this Agreement shall be interpreted and construed under the laws of the State of Washington without regard to its conflict of laws provisions. I acknowledge and understand that I am free to seek independent advice or legal counsel of my own choosing before signing this Agreement. I agree that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions which shall continue to be enforceable.
- K. Certification & Acknowledgement. I hereby certify that I am over 18 years of age, and if signing this document on behalf of a minor, I certify that I am an adult possessing the legal right to waive rights on behalf of the minor. I have carefully read, understand and agree to all the terms and conditions herein. I am aware that by signing this Agreement, I assume all risks and waive and release certain substantial rights that I may have.
- Print Name_______________________________ Signature ___________________ Date_____________
Sagecliffe Resort
Keep in touch
Subscribe to our newsletter to receive the latest news, events and offers in your inbox.