Please read the following waiver carefully before agreeing.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, INDEMNIFICATION AND PARTICIPATION AGREEMENT
WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!
THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
Each person participating in the Activity (defined below), including, but not limited to, the undersigned party and those utilizing a "Class Pass" or other similar service enabling participation in the Activity, is referred to herein as "Participant." I, as the undersigned, am a Participant subject to the terms and conditions of this Release of Liability, Waiver Of Claims, Assumption Of Risks, Indemnification and Participation Agreement (the "Agreement"). Participant understands that participating in sauna classes, cold plunge classes, yoga, breathwork, utilizing the facilities and premises of Cigar City CrossFit (the "Facility"), and the premises and equipment of THE SAUNA GUYS, LLC, a Florida limited liability company ("The Sauna Guys"), for any purpose (the "Activity"), can be HAZARDOUS AND INVOLVE THE RISK OF INJURY AND/OR DEATH.
Participant expressly acknowledges the dangers and risks of the Activity and Participant ASSUMES ALL INHERENT DANGERS AND RISKS of the Activity. Exposure to disease and sicknesses, including but not limited to COVID-19 ("Sickness"), is an inherent risk of the Activity. Participant expressly acknowledges that The Sauna Guys cannot eliminate the risk that Participant is exposed to Sickness while engaged in the Activity. Participant agrees it is his or her responsibility to (1) follow all instructions, signage, warnings, and guidelines pertaining to the Activity or Facility; (2) stay home if sick or experiencing symptoms of any Sickness; (3) if required, wear a face covering and maintain at least six (6) feet physical distancing from other guests; and (4) wash and sanitize hands frequently.
Participant expressly acknowledges and assumes all risks and dangers pertaining to the Activity that may result in property damage, physical injury and/or death, including but not limited to: Falling, loss of balance, heart failure, high blood pressure, choking, drowning, stroke, spinal pain, limited access to and/or delay of medical attention, inadequate medical attention, Participant's health condition, physical exertion, exhaustion, dehydration, hypothermia, other sickness, or frostbite, and/or mental distress from exposure to any of the above. PARTICIPANT ACKNOWLEDGES THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE. PARTICIPANT VOLUNTARILY PARTICIPATES IN THE ACTIVITY AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS ASSOCIATED WITH THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
Participant assumes responsibility for any and all physical limitations such as (but not limited to): congestive heart failure, high blood pressure, stroke, glaucoma, detached retina, spinal issues, hiatal hernia, pregnancy, or any other health issues. Participant represents that Participant has prior physician consent/approval to participate in any service provided by The Sauna Guys. Participant represents and warrants that Participant is in good physical health and does not suffer from any medical condition which would limit participation in the Activity or any other service offered at The Sauna Guys.
IN CONSIDERATION FOR PARTICIPATION IN THE ACTIVITY, PARTICIPANT AGREES, TO THE GREATEST EXTENT PERMITTED BY LAW, TO WAIVE ANY AND ALL CLAIMS AGAINST, HOLD HARMLESS, AND RELEASE THE SAUNA GUYS AND THE FACILITY, AND ALL OF THEIR RESPECTIVE INSURANCE COMPANIES, SUCCESSORS IN INTEREST, COMMERCIAL & CORPORATE SPONSORS, AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES, ASSIGNEES, OFFICERS, DIRECTORS, AND SHAREHOLDERS (EACH A "RELEASED PARTY") FOR ANY INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT'S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY'S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.
PARTICIPANT AGREES TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FROM ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS' FEES AND COSTS, WHETHER ACTUALLY INCURRED OR NOT AND AT ALL LEVELS, FEES AND THE COSTS OF ENFORCING ANY RIGHT BY THE RELEASED PARTIES TO INDEMNIFICATION UNDER THIS AGREEMENT, WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT'S PARTICIPATION IN THE ACTIVITY, PRESENCE ON THE PREMISES OF THE SAUNA GUYS OR THE FACILITY OR FROM ANY OF PARTICIPANT'S MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
By signing this Agreement, Participant Consents to The Sauna Guys use of Participant's name, image, likeness, portrait, pictures, photographs, and/or videos for advertisements, promotions, live video streaming, and any other services offered by The Sauna Guys.
If any term or provision of this Agreement shall, to any extent, be invalid or unenforceable, such term or provision shall be treated as severable, leaving the remainder of this Agreement valid and enforceable.