Today's Date: November 14, 2024 BY SIGNING BELOW YOU CONFIRM THAT YOU HAVE CAREFULLY READ BOTH PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS, VOLUNTARILY AGREE TO EACH OF ITS TERMS AND PROVISIONS, AND SIGN OF YOUR OWN FREE WILL
Agreements:
1. Follow all instructions given to you by the attendant. 2. Participation in a whole body cryotherapy session involves exposure to extreme cold temperature for a short period of time (not to exceed three (3) minutes per session). By signing this agreement you confirm that you are in good health and do not have any of the contraindications identified above or other physical condition that would preclude you from safely using whole body cryotherapy. 3. If you experience any pain or mental or physical discomfort at any time during the process, you may terminate the session immediately. The chamber will not be locked, and you are free to walk out of the chamber at any time. 4. No representations or claims are made as to the therapeutic nature or other benefits of whole body cryotherapy. Whole body cryotherapy is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from whole body cryotherapy are assured. Every customer is different and responds differently to the therapy. Waiver and Release: 1. This is a release of liability and a waiver of certain legal rights. 2. By signing this agreement you: i. acknowledge that use of whole body cryotherapy involves risk of bodily injury, illness, disability or death, which may be compounded by negligent emergency response of the attendant. You acknowledge that you are voluntarily participating in whole body cryotherapy with knowledge of the dangers involved and accept and assume all risks of injury, illness, disability or death, whether caused by the condition of the facilities or equipment or the negligence of the attendant or otherwise. You acknowledge that frostbite is a specific risk that you assume.
ii. expressly waive and release any and all claims against Chill Cryotherapy llc., and its members, directors, employees, agents, affiliates, successors and assigns (which are collectively referred to as "the Company"), arising out of or attributable to your use of whole body cryotherapy, other than as may arise from the gross negligence or intentional misconduct of the Company. You covenant not to assert any such claims against the Company, and forever release and discharge the Company from liability for such claims.
iii. indemnify and hold harmless the Company from any loss, liability, damage, cost or expense arising out of or connected in any manner with your use of whole body cryotherapy, except as may arise from the gross negligence or willful misconduct of the Company.
iv. agree that this waiver and release is intended to be as broad and inclusive as permitted under law. You specifically acknowledge and agree that this agreement is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state law and additionally agree to waive all general release limitations provided by applicable law.General Provisions: 1. This agreement shall be construed and interpreted as broadly as possible under the applicable law of the jurisdiction in which you use whole body cryotherapy, with the words, terms, provisions, covenants, and remedies contained in this Agreement to be enforceable to the fullest extent permitted by applicable law. 2. If any portion of this Agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. 3. The terms of this Agreement shall continue from this date forever and shall apply to each use by you of whole body cryotherapy without the need for you to resign this Agreement. 4. This document constitutes the entire agreement regarding your use of whole body cryotherapy and supersedes all prior discussions and representations about the use, benefits or risks of whole body cryotherapy. |