ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY AND WAIVER
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I have been provided the opportunity to participate in Company’s Sauna experience (the “Sauna”) and by signing this waiver hereby voluntarily acknowledge and agree as follows:
The use of saunas may have many health benefits; however, it is important that you fully understand that there are certain inherent risks involved in participating in any sauna activities. In all situations, hydration is highly recommended for sauna use.
Revival Sauna Company LLC (“Company”) requires any guest who has any health, mobility, or any other condition which requires the assistance of another person, regardless of age, to be accompanied by another adult guest at all times. By signing this waiver, you agree to abide by this requirement and assume all risks and responsibilities in the event that you disregard this requirement.
It is recommended that you limit yourself to a maximum of ten (10) minutes of prolonged Sauna exposure. Everyone is different and you need to know what your body can handle for temperature. Exit immediately if you feel nauseous, uncomfortable, dizzy, sleepy, or have any other adverse or allergic reaction.
THE FOLLOWING ARE PROHIBITED:
- Smoking, e-cigarettes, glass containers, or bottles of any kind are not permitted in the Sauna. Nudity is not permitted under any circumstances.
- All participants must be over the age of eighteen (18). Anyone under the age of eighteen (18) is prohibited from using the Sauna.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS:
My participation in the Sauna involves known and unknown risks, dangers, and hazards that may cause death, personal injury, damage to personal property and loss of personal property. The risks and consequences I am both assuming and acknowledging include, but are not limited to:
- Slippery surfaces caused by water, ice, snow, or other substances;
- Exposure to cold temperatures;
- Exposure to hot temperatures;
- Exposure to hot equipment;
- Increased internal body temperature;
- The possibility of dehydration;
- Collisions or contact with other persons and objects both inside or outside of the Sauna;
- Exposure to airborne illnesses or transmittable diseases;
- Defects or weaknesses in the design, construction, repair, or modification of the Sauna;
- Visible and invisible natural or man-made hazards in or around the Sauna; and
- Other foreseeable and unforeseeable risks that contribute to the unpredictability of my participation in the Sauna or the participation of other persons.
REPRESENTATION OF HEALTH AND FITNESS:
I am over the age of 18, physically and mentally fit, and therefore able to responsibly participate in the Sauna. I do not have any medical or chronic condition, such as anhidrosis, that interferes with my ability to sweat. I do not have any cardiovascular conditions or problems (hypertension/ hypotension), congestive heart failure, impaired coronary circulation and I am not taking medications which might affect blood pressure should exercise extreme caution when exposed to prolonged heat. I do not have any further medical conditions that exposure to varying extreme temperatures would exacerbate or interfere with my continued health. I am not pregnant and am not subjecting a fetus to excessive body temperatures that may cause fetal damage during pregnancy. I am not taking or under the influence of any drugs, alcohol, medication, or other substance affecting my mental or physical state.
ASSUMPTION OF RESPONSIBILITY:
I am responsible for my own safety and personal property (including, but not limited to, phones and electronics – they don’t like heat). Company is not liable for my own safety or my personal property. I cannot and will not rely on anyone other than myself to keep me or my personal property safe before, during, or after participating in the Sauna. My participation in the Sauna is voluntary and I can refuse to participate or quit participating in the Sauna at any time for any reason.
ASSUMPTION OF RISK:
I assume all risk and responsibility for death, personal injury, damage to personal property and loss of personal property that I sustain in connection with my participation in the Sauna, except to the extent such damages, injuries, or death results from conduct that constitutes greater than ordinary negligence under Minn. Stat. § 604.055.
WAIVER AND RELEASE FROM LIABILITY; COVENANT NOT TO SUE:
I, for myself and for my personal representatives, executors, administrators, heirs or next of kin, forever waive, release, discharge, agree to hold harmless, and covenant not to sue Company and its owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities from any and all liability for any death, personal injury, damage to personal property, loss of personal property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature that I sustain in connection with my participation in the Sauna, except to the extent such damages, injuries, or death result from conduct that constitutes greater than ordinary negligence under Minn. Stat. § 604.055.
I indemnify and agree to hold harmless the Company and its owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities from any and all liability for any death, personal injury, damage to personal property, loss of personal property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature arising from, or in connection with, my participation in the Sauna.
Without creating any obligation, I authorize any medical treatment deemed necessary in the event of any injury or illness I sustain while participating in the Sauna. I either have appropriate insurance, or in the absence of insurance coverage, I agree to pay all costs of medical treatment provided to me.
RIGHT OF PUBLICITY:
I authorize and consent to the use of my name, image, or likeness for commercial purposes in connection with the promotion and marketing of Company and any of its affiliates.
It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased.
CHOICE OF LAW:
This agreement is governed by the laws of the State of Minnesota. Any claim arising from this agreement or my participation in the Sauna must be brought in the state courts of Minnesota in Hennepin County.
Pursuant to Minn. Stat. § 604.055, nothing in this agreement purports or intends to waive liability for damage, injuries, or death resulting from conduct that constitutes greater than ordinary negligence. If any provision of this agreement is held invalid, such provision will be severed from this agreement, but the remaining provisions of this agreement will remain in full force and effect.
I HAVE CAREFULLY READ COMPANY’S WAIVER (3 PAGES INCLUDING THIS SIGNATURE PAGE) AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OTHERS FOR CERTAIN CLAIMS.
Today's date: December 6, 2023