Release of Liability
Today's Date: June 10, 2023
In exchange for participation in the activity of physical exercise organized by Diamond Strong Fitness & Cryotherapy (hereinafter, Diamond Strong), of Windsor, CA and / or use of the property, facilities and services of Diamond Strong, I, agree for myself and (if applicable) for the members of my family, to the following:
- I agree to observe and obey all posted rules and warning, and further agree to follow any oral instructions or directions given by Diamond Strong, or the employees, representatives or agents of Diamond Strong.
- I recognize that there are certain inherent risk associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Diamond Strong for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Diamond Strong, whether caused by the fault of myself, my family, Diamond Strong or other third parties.
- I agree to indemnify and defend Diamond Strong against all claims, caused of actions, damages, judgments, cost or expenses, including attorney fees and other litigation cost, which may in any way arise from my or my family's use of or presence upon the facilities of Diamond Strong.
- I agree to pay for all damages to the facilities of Diamond Strong caused by my or my family's negligent, reckless, or willful actions.
- Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
- I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Diamond Strong has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
- This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code 1654 to this Agreement, as well as any other statute or common law principles of similar effect.
- The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provisions of this Agreement or of any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
In exchange for participation in the use of the Whole Body Cryotherapy, NormaTec Compression Units, Infrared Sauna, Red Light Therapy organized by Diamond Strong, of Windsor, CA and / or use of the property, facilities and services of Diamond Strong, I,agree for myself and (if applicable) for the members of my family, to the following:
- In consideration for using the cryotherapy device, NormaTec compression units, infrared sauna and/or red light therapy (all devices are referred to as Equipment), I hereby RELEASE, WAIVE, DISCHARGE, and HOLD HARMLESS Diamond Strong its officers, servants, agents, employees, staff, contractors and volunteers (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by any person, while using the equipment or due to the use of the equipment.
- I hereby confirm that no warranty or guarantee, or other assurance, has been made to me covering the results of the cryotherapy, NormaTec compression, infrared sauna and/or red light therapy process, and I hereby relieve them and hold them harmless from all liabilities for injury or damage that may occur to me. I fully understand the administration of the process, including possible adverse reactions, side effects, or other possible complications. It is understood that this CONSENT is being given in advance of any administration of the process, and is being given by me voluntarily to use the Equipment.
- I am fully aware of the risks and hazards connected with the use of the Equipment, including the risk of physical injury or disability as the result of such injury, and I am voluntarily participating in said Equipment usage, and entering the above named premises to engage in such usage. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY that may be sustained, or any loss or damage to property as a result of being engaged in such an activity.
- I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs that may incur due to the use of Equipment by me.
- It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assignees and personal representative, if I am not alive, and shall be deemed as a RELEASE, WAIVER, AND DISCHARGE of the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of CALIFORNIA.
- I understand that the RELEASEES will not be responsible for any medical costs associated with any injury.
- I understand that Whole Body Cryotherapy, NormaTec Compression, Infrared Sauna and/or Red Light Therapy use is provided for the basic purpose of relaxation, stress reduction, relief of muscular tension, recovery from muscular tension, and recovery from surgery, illness or injury. I further understand that Whole Body Cryotherapy, NormaTec Compression, Infrared Sauna and/or Red Light Therapy use should not be construed as a substitute for medical examination, diagnosis, or treatment and that I should see a physician, chiropractor, or other qualified medical specialist for any mental or physical ailment that I am aware of.
- I understand that the Whole Body Cryotherapy, NormaTec Compression, Infrared Sauna and/or Red Light Therapy staff are not qualified to perform skeletal adjustments, diagnose and/or prescribe, and that nothing said in the course of the session should be construed as such.
- Because Whole Body Cryotherapy, NormaTec Compression, Infrared Sauna and/or Red Light Therapy use is contraindicated under certain conditions, I affirm that I have stated all my known medical conditions and answered all questions honestly. I agree to keep the staff updated as to any changes in my medical profile and understand that there shall be no liability on the staff’s part should I forget to do so.
Assumption of the Risk and Waiver of Liability Relating to the Coronavirus / COVID-19:
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Diamond Strong Fitness & Cryotherapy has put in place preventative measures to reduce the spread of COVID-19; however Diamond Strong Fitness & Cryotherapy cannot guarantee that you will not become infected with COVID-19. Further, attending workouts could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the workouts and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Diamond Strong Fitness & Cryotherapy may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, independent contractors, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Diamond Strong Fitness & Cryotherapy or participation in Diamond Strong Fitness & Cryotherapy workout (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Diamond Strong Fitness & Cryotherapy, its employees, owner(s), and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Diamond Strong Fitness & Cryotherapy activity.
My signature below constitutes my acknowledgment that (1) I have read, understand, and fully agree to the foregoing CONSENT, (2) the proposed cryotherapy, NormaTec compression, infrared sauna and/or red light therapy process has been satisfactorily explained to me and I have all of the information I desire and (3) I hereby give authorization and consent. This CONSENT shall stand as long as I use the Equipment at the location now and in the future.
I have read the instructions for proper use of the facilities and do so at my own risk and hereby release the owners, operators, franchisers, or manufacturers, from any damage or harm that I might incur due to use of the facilities.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read and understand the foregoing Waiver of Liability and Hold Harmless Agreement, I am at least eighteen (18) years of age and fully competent; I have given up considerable future legal rights; and I execute this Release freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me.
Furthermore, I agree that I will comply with all instructions on the use of the cryotherapy, NormaTec compression, infrared sauna and/or red light therapy device and that I am using these services at my own risk. I agree to use all sessions within the terms of the contract dates and understand that refunds are not given on unused portions of purchased packages. These dates are specified in the clients account (MindBody).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
WAIVER AND RELEASE AGREEMENT
*PLEASE READ CAREFULLY BEFORE SIGNING*
Physical Capability Requirements
Participation in a Whole Body Cryotherapy (WBC) session involves exposure to extreme cold temperature for a short period of time (not to exceed three and one-half (3:30) minutes per session). During the WBC session, the chamber technician will be present during the entire duration of your session. Additionally, you are free to walk out of the chamber at any time. The cold therapy session is followed by a five (5) to ten (10) minute period of light to moderate exercise.
LIABILITY AND MEDICAL RELEASE AND INDEMNIFICATION AGREEMENT
In consideration of being permitted by Diamond Strong Fitness & Cryotherapy to participate in their services, I hereby waive any and all claims and damages for personal injury or death which may occur as a result of my participation. I understand and agree that:
1. This release is intended to discharge in advance Diamond Strong Fitness & Cryotherapy, its officers, officials, employees, agents and volunteers from and against all liability arising out of or connected in any way with my participation in these activities;
2. Participation may involve risk of serious injury, illness, disability or death and may result not only as a result of my actions, negligence or inaction, but also from the action, negligence or inaction of others, including their owners, officers officials employees, or volunteers and may result from the conditions of the facilities, equipment, or areas where such activities are being conducted;
3. Knowing the risks involved and the contraindications related, I nevertheless chose voluntarily to request permission to participate;
4. I will indemnify and hold harmless Diamond Strong Fitness & Cryotherapy, its owners, officers, officials, employees and volunteers from any loss, liability, damage, cost or expense, including litigation of any form, arising out of or connected in any manner with my participation in such activities;
5. I am in good health and have no physical condition expressed in the ‘Contraindications’ or otherwise which would preclude me from safely participating in such activities;
6. I understand and agree that this release is intended to be as broad and inclusive as permitted under the law of the State in which it is executed and that if any portion of this Hold Harmless, Release and Indemnification Agreement should be determined to be invalid, it is my intent that the remaining provisions shall continue in full force and effect.
I HAVE CAREFULLY READ THIS RELEASE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A POTENTIAL CONFLICT BETWEEN MYSELF, AND MY HEIRS AND CryoBuilt I VOLUNTARILY AGREE TO EACH OF THE TERMS AND PROVISIONS HEREIN AND SIGN THIS OF MY OWN FREE WILL.
I understand that it is mandatory to wear a headband, mask, mittens, tube socks, and enclosed footwear during my Whole Body Cryotherapy (WBC) session as a safety precaution. I also understand that I should not remove Personal Protective Equipment (PPE) at anytime during my Whole Body Cryotherapy (WBC) session.
I understand that wet or damp clothing cannot be worn at anytime during a Whole Body Cryotherapy (WBC) session. If you need dry clothing, loaner apparel is available upon request at the reception desk for free. Please ask the receptionist for more information.
I have completely read this waiver.