ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, and INDEMNITY AGREEMENT (THE “WAIVER”)

BY SIGNING THE WAIVER, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE AND CLAIM COMPENSATION FOR INJURY

 

PLEASE READ CAREFULLY!

 

ONLY ONE GUEST IS PERMITTED PER WAIVER

 

TO: LAS RUINAS BATHHOUSE AND GYM and each of their directors, officers, employees, owners, volunteers, agents, successors, assigns, insurers, affiliates, contractors and subcontractors, suppliers, representatives, participants, and sponsors (collectively, “LAS RUINAS”).

 

DEFINITIONS:

In the Waiver, the term “LAS RUINAS” means the areas located in and surrounding ____________, San Juan, Puerto Rico, including but not limited to its reception area, changerooms, showers, washrooms, relaxation pools, cold plunge pools, saunas, steam rooms, treatment rooms, indoor and outdoor relaxation areas including gym, hammock areas, swing areas and other equipment and apparatuses, eating areas, hallways, walkways, ramps, stairs, elevators, doorways and other access points, sidewalks, internal patio, and other vegetation and landscapes.

 

In the Waiver, the words “use of the Bath House Facility” shall include all activities at LAS RUINAS, including but not limited to use of its reception area, changerooms, showers, washrooms, relaxation pools, cold plunge pools, saunas, steam rooms, treatment rooms, indoor and outdoor relaxation areas including gym, hammock areas, swing areas and other equipment and apparatuses, eating areas, hallways, walkways, ramps, stairs, elevators, doorways and other access points, sidewalks, internal patio and other vegetation and landscapes, and all other uses, events and other services involving or related in any way to the Bath House Facility, which are provided, arranged, organized, conducted, sponsored or authorized by LAS RUINAS.

 

ASSUMPTION OF RISKS:

1.                     I am aware that my use of the Bath House Facility involves many risks, dangers and hazards to myself and my property, which include, but are not limited to: Accidental drowning and injury from prolonged underwater exposure; ingestion of water; exposure to Spa Facility cleaning and maintenance chemicals; hypothermia; burns from water, chemicals, and the sun; skin irritation; cuts, scrapes and bruises; nail and or nail bed injuries; open and closed head injuries including concussion; eye injuries; ear injuries; muscle and joint sprains and strains; broken bones, allergic reactions, including food allergies; food borne illness; alcohol poisoning; paralysis; death; wet and slippery floors, decks, ramps, stairs, equipment, other surfaces; falls from elevated surfaces and equipment in the Bath House Facility; loss of balance; slipping; tripping; falling; impact or collision with other people, equipment and/or other objects or physical structures including but not limited to the bottom, sides or edges of the relaxation pools, saunas, steam rooms, treatment areas, hammock areas, swing areas, eating areas, hallways, walkways and other furniture; exposure to dirt, algae, mold, bacterial, viral and fungal agents, and other pathogens; theft, loss of, or damage to, personal property; flying and floating objects; misuse or malfunctions of equipment, furniture or apparatus, horseplay and negligence of other Bath House Facility users, absence of any life guards or first aid personnel; and NEGLIGENCE ON THE PART OF THE BATH HOUSE, INCLUDING THE FAILURE OF THE BATH HOUSE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME OR MY PROPERTY FROM THE RISKS, DANGERS AND HAZARDS OF USING THE BATH HOUSE INCLUDING THOSE REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS OF USE OF THE BATH HOUSE FACILITY INCLUDING THOSE REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBLITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM OR RELATING IN ANY WAY TO MY USE OF THE BATH HOUSE FACILITY.

2.                     I have been warned and understand that NO LIFE GUARDS OR FIRST AID PERSONNEL will be on duty or present during my use of the Bath House Facility and I specifically acknowledge and accept that there is an increased risk of injury and death to me as a result of this. I elect to use the Bath House Facility in spite of this increased risk and freely accept and assume all risks, dangers and hazards related to my use of the Bath House Facility with no life guards or first aid personnel on duty or present there at that time, including but not limited to those risks, dangers and hazards referred to above.

3.                     I have been warned and understand that THE LAS RUINAS employees have difficult jobs to perform. They seek to create a safe environment but may be unaware of a guest’s health or abilities. They may give incomplete warnings or instructions.

4.                     I have understood that there are alcoholic beverages available for purchase at the Bath House Facility and I have been warned and understand that the consumption of alcoholic beverages in conjunction with the use of the Bath House Facility can exacerbate the effects of alcohol and make me more prone to the risks, dangers and Hazards above. I confirm that I will consume alcoholic beverages responsibly and not become intoxicated at the Bath House Facility. I specifically acknowledge and accept that there is an increased risk of injury and death to me as a result of this. I elect to use the Bath House Facility despite this increased risk and freely accept and assume all risks, dangers and hazards related to my use of the Facility.

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY:

In consideration of LAS RUINAS permitting my use of the Bath House Facility, and for other good and valuable consideration, the sufficiency of which is acknowledged, I, ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY PARENTS, MY HEIRS, MY ASSIGNS, MY PERSONAL REPRESENTATIVES, AND MY ESTATE, AGREE AS FOLLOWS:

1.                     TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against LAS RUINAS and to release LAS RUINAS from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my spouse, my children, my parents, my heirs, my assigns, my personal representatives or my estate may suffer as a result of my use of the Bath House DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF STATUTE, BREACH OF REGULATION, BREACH OF ANY STATUTORY OR REGULATORY DUTY OF CARE AND/OR WARRANTY, INCLUDING ANY DUTY OF CARE OWED UNDER THE LAWS OF PUERTO RICO.

2.                     To hold harmless and indemnify LAS RUINAS of and from any claims and liability, including all related legal fees and expenses, for any property damage, loss, personal injury or death to any third party, arising from or connected in any way with my use of the Bath House Facility.

3.       That the Waiver and any rights, duties and obligations as between the parties the Waiver shall be governed in accordance with the laws of Puerto Rico

4.                     That any litigation, actions, suits or claims brought by me, my spouse, my children, my parents, my heirs, my assigns, my personal representatives or my estate against LAS RUINAS arising or connected in any way to my use of the Bath House Facility, shall be brought solely within the Commonwealth of Puerto Rico and shall be in the exclusive jurisdiction of the courts of Puerto Rico.

5.       That if any portion of the Waiver is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

6.       That I grant LAS RUINAS the right to photograph, videotape and/or record me and to use my name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation, limitation or compensation.

APPLICABLE TERMS AND CONDITIONS

ELIGIBILITY

You must be at least 21 years old to access our Services unless accompanied by a legal guardian. By using our Services, you represent and warrant that you are physically fit and have no medical condition that would prevent you from safely participating in activities provided by LAS RUINAS.

SERVICES PROVIDED

LAS RUINAS provides bathhouse, gym, and spa services, including but not limited to:

  • Sauna and steam room access

  • Fitness and workout facilities

  • Massage and spa treatments

  • Wellness programs

  • Other related services to physical and emotional wellbeing

HEALTH AND SAFETY

  • You acknowledge that the use of the Services involves inherent risks, including but not limited to injury, illness, and exposure to person to persona transmittable diseases.

  • You agree to follow all posted rules and staff instructions for safety and hygiene.

  • You understand that we may refuse service or remove any person who fails to comply with our policies.

PAYMENT AND CANCELLATION POLICY

  • All fees for Services are non-refundable unless otherwise stated.

  • Cancellations or rescheduling for spa treatments must be made at least 24 hours in advance.

  • Failure to comply with cancellation policies may result in a charge.

PERSONAL BELONGINGS

  • LAS RUINAS is not responsible for lost, stolen, or damaged personal belongings. Lockers are available for temporary use but do not guarantee security.

CHANGES TO TERMS

LAS RUINAS reserves the right to modify these Terms at any time. Updated Terms will be posted on our website and take effect immediately upon posting. Your continued use of the Services constitutes acceptance of the revised Terms.

 

CONTACT


If you have any questions regarding these Terms, please contact us at:


[BusinessName]
[PhoneNumber]
[EmailAddress]

I CONFIRM that in entering the Waiver, I am not relying on any oral or written statements made by LAS RUINAS, or the lack of any such representations or statements, with respect to the condition or safety of the BATH HOUSE Facility, or any related equipment or apparatus, other than what is set forth in the Waiver.

 

I CONFIRM that I am age twenty one (21), or older, and that I have carefully read, considered and understand the contents of the Waiver, and agree to be bound by its terms and I FURTHER CONFIRM that I am relying wholly upon my judgment, belief and knowledge, freely and of my own accord, as acknowledged and confirmed by my digital signature hereon.