WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
WARNING: THE FOLLOWING IS A RELEASE OF LIABILITY. PLEASE READ CAREFULLY.
By engaging Cryotherapy For Veterans to provide Cryotherapy and using the company’s equipment and facilities in relation thereto, I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers associated with receiving services and my use of the company’s equipment and facilities. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the company’s staff, I would be at physical risk n receiving services, I understand and agree that I may be denied access to services until I furnish the company an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing the company’s concerns and stating that the company’s concerns are unfounded.
I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to my receiving any of the services, (2) release, indemnify, and hold harmless Cryotherapy For Veterans including but not limited to Sean and Vanessa Swaringer, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives, agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to the services, and (3) represent that: (a) I have no medical or physical condition that would prevent me from receiving the services, (b) I do not have a physical or mental condition that would put me in any physical or medical danger, I have not been instructed by a physician to not receive services, (d) no warranty or guarantee, or other assurance, has been made to me covering the results of the services, knowing the risks involved I nevertheless chose to voluntarily request the services.
Unlikely candidates for WBC are those who are or have:
- Pregnant
- A Pace Maker
- Heart surgery within the last six months
In participating in the services, you may be photographed, videoed, or otherwise recorded by the company for safety, monitoring, training, or marketing purposes. You hereby consent to such usage of your imagery for all and any such purpose by the company and hereby agree that the company without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
I have read this assumption risk, waiver, and release, fully understand its terms, and understand that I am giving up substantial rights including my right to sue the company under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.
I understand that the equipment of the Cryotherapy For Veterans is designed for fitness and appearance enhancing use only, by persons in good health. I have been advised that if I suffer from any medical condition or illness whatsoever, I am NOT TO USE the equipment without my doctor’s written permission. If I shall faint due to excess nitrogen inhalation, I hold myself responsible for all injuries should I fall and the cryotherapist has the right to assist me.
I acknowledge that I have been urged to avoid bringing valuables into and onto the company’s facilities and the company shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, or anywhere else in the company’s facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.