The Resthouse at East Ortigas – Accident Waiver and Release of Liability Form

Accident Waiver and Release of Liability Form

The use of the facilities on The Resthouse at East Ortigas naturally involves the risk of injury, whether he undersigned or someone else causes it. As such, the undersigned agrees that he or she understands and voluntarily accepts the risk and agrees that The Resthouse will not be liable for any injury, including and without limitation, personal, bodily, or mental injury, economic loss or any damage to the undersigned and guests resulting from the negligence of The Resthouse or anyone else using the facilities. If there is any claim by anyone based on any injury, loss, or damaged described herein, which involves GUEST, the undersigned agrees to (A) – defend The Resthouse against such claims and pay The Resthouse for all expenses relating to the claim including, but not limited to, any and all attorney’s fees, and (B) –Indemnity The Resthouse for all obligations resulting from such claims. This document shall be construed and enforced in accordance with the laws of the Cainta City, Philippines. Any action at law, suit in equity, or other jurisdictional proceeding arising in connection with this document shall be instituted only in the courts of Cainta City, Philippines.

Waiver of Liability

The GUEST agrees to release from all liability, discharge and promise not to take legal action against The Resthouse. This agreement releases The Resthouse from any liability to GUEST, their heirs, and next of kin for any losses or damages or claims or demand arising out of GUESTS personal injuries or damage to property. The undersigned hereby waives any and all claims or actions that may arise against The Resthouse owners as a result of any such injury to any such person. Such risks include, but are not limited to:

• Injuries resulting from the negligence of the owners and employees of The Resthouse.
• Injuries or death resulting from the failure or negligent misuse, by me or by others, of the facilities or equipment of The Resthouse.
• Injuries caused from slips, trips, falls, or other such accidents that occur while using the facilities or which may be caused by other persons’ use of the facilities or equipment of The Resthouse.
• Injuries that occur from the negligence or lack of adequate training of those employees of The Resthouse who seek to assist with medical or other help with before or after injuries have occurred.

Swimming pool waiver

Using pool facilities and by swimming, you recognize and fully understand certain things, including:

• Warning: no lifeguard on duty, you (the guest) are responsible for the safe operation of the pool and are responsible for all persons using the pool during your stay. Swim at your own risk.
• The use of the pool facilities during your stay involves certain risks, including but not limited to:
  1. The risk of injury resulting from possible malfunction of the pool equipment;
  2. The risk of injuries resulting from tripping or falling over obstacles in the pool area;
  3. The risk of injuries resulting from unsupervised divers and swimmers colliding;
  4. The risk of other injuries resulting from participating in any action in the pool.
• The above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks.

In exchange for the Owner allowing guest to utilize the pool area, the guest hereby agree to the conditions below. The guest fully intends and choose to give up the legal rights, as stated below:

1. TO WAIVE ANY AND ALL CLAIMS that will have or may have in the future against the owner and employees (hereinafter referred to as the “Releasees”) relating to my use of the pool and pool area;
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that guest may suffer or that guest next of kin may suffer in connection with the use of the Releasees pool or pool area to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury to, any third party, resulting from the use of the pool or pool area
4. That the guest is over the age of 18 and that he/she is responsible and will adhere to all the rules of the property;
5. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon the guest, and his/her heirs, or next of kin.

The GUEST freely and voluntarily assumes complete personal responsibility for these risks and for the injuries that might occur as a result of these risks, even if such injuries occur in a manner that is not foreseeable at that time this agreement is signed.