RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
TO: 1279946 B.C LTD dba Westcoast Bathhouse and their directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “theReleasees”) DEFINITION In this Release Agreement, the term “theActivities” means all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees including but not limited to: sauna use, cold plunging, (hereinafter “the saunas”) and other such activities, events and services in any way connected with or related to the Activities. ASSUMPTION OF RISKS I am aware that the Activities involve risks, dangers and hazards. The risks, dangers and hazards include but are not limited to: slip and falls while getting into or out of the sauna or cold plunge, dizziness; heat exhaustion; including fainting, nausea and vomiting, burns from the stove and or heater; I am aware that I am personally responsible if I choose to access the ocean, lake, river, or cold plunge during the use of 1279946 B.C LTD dba Westcoast Bathhouse and am aware of the risks including but not limited to; hypothermia, muscle tension and headache, collisions with nature or other public equipment; changing and inclement weather conditions including storms, high wind, high waves, and lightning; negligence on the part of other participants; and NEGLIGENCE ON THE PART THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. In the event of an accident, rescue and medical treatment may not be readily available. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the RELEASEES agreeing to my participation in the Activities and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE MANY RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss, expense or personal injury to any third party resulting from my participation in the Activities, including, but not limited to: a. the use of my own equipment during the Activities such as cellphones, speakers, water bottles, swim gear, towels; and
b. all costs of rescue, medical attention or health care costs rendered to me, or for my benefit as a result of the Activities. 3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; 4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and 5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of that province. 6. Facility rules and obligations. 6.1 SAUNA USE | Sauna sessions should be limited to 15–20 minutes per round. Participants must exit immediately if feeling dizzy, nauseous, faint, or unwell. Participants shall not touch heaters, lights, heating control panel, thermostats, CO detector. Handrails must be used where provided. 6.2 COLD PLUNGE USE | Participants must enter slowly and with control. Handrails must be used where provided. Immersion time must be limited according to personal tolerance and experience. Participants must exit immediately if distress, numbness, dizziness, or discomfort occurs.
The recommended amount of cold exposure is 2-5 minutes at one time.
6.3 OCEAN & BEACH ACCESS | There is no lifeguard on duty. Participants swim at their own risk. Participants must not swim alone. Diving is prohibited. Participants are responsible for assessing tides, currents, water temperature, weather conditions, and their personal swimming ability prior to entering the water. 6.4 FOOTWEAR & SURFACE SAFETY | Participants acknowledge that decks, docks, stairs, and beach access areas may be wet, slippery, or uneven. Non-slip, secure footwear is strongly recommended in all transition areas. Water-appropriate footwear is recommended in the ocean due to rocks, shells, marine growth, and submerged hazards. Participants assume responsibility for slips, trips, and falls. 6.5 CONDUCT AND RESPECT FOR EXPERIENCE | Participants must conduct themselves respectfully and responsibly at all times. Participants agree to preserve the integrity of the sauna environment. Where sessions or areas are designated as Silent, Social, or Sacred, Participants shall adhere strictly to the posted guidelines applicable to that designation. Disruptive, unsafe, inappropriate, or disrespectful behavior is prohibited. 6.6 COMPLIANCE REMOVAL | Participants agree to follow all posted signage and staff instructions. Failure to comply with Facility rules may result in immediate removal from the premises without refund.
6.7 VOLUNTARY ACCEPTANCE | By agreeing to these rules, participants voluntarily assume full responsibility for their participation in the Activities, and any associated dock access, beach access and ocean swimming.
7.0 MEDICAL | The Participant acknowledges that participation in sauna use, cold exposure, ocean swimming, wellness programming, and related activities (the “Activities”) may involve physical exertion and exposure to heat, cold, and environmental conditions that may not be suitable for all individuals. The Participant understands and agrees that it is their sole responsibility to consult with a qualified physician or medical professional prior to participating in the Activities, particularly if they are pregnant, diabetic, taking medication, receiving medical treatment, have a history of dizziness, fainting, cardiovascular issues, or have any implanted medical devices or other medical conditions that could be affected by heat, cold, or physical exertion. It is our recommendation you drink water before, during and after the sauna experience. The participant agrees that by signing they acknowledge they have consulted with a medical professional and take full responsibility for their health and well being 8.0 OTHER MEDICAL AND/OR RISKS | Participants acknowledge that the above list is not exhaustive and that the use of sauna and cold plunge facilities may involve other known or unknown risks that could result in injury, illness, disability, or death. Participants agree to stay hydrated and avoid dehydration.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Activities, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST THE RELEASEES.
Signed this day of June 4, 2026. |