In consideration of being permitted access to Gather Sauna House (Hygge Holistic Health, LLC) equipment, programs, amenities and services, I agree as follows:
1) RELEASE OF LIABILITY AND ASSUMPTION OF RISK – I understand and acknowledge that there is risk involved in being in and around Gather Sauna House’s equipment, including, but not limited to, utilizing equipment which may malfunction or break, participating in any exercise or fitness activity, patronizing or using Gather Sauna House services, facilities and/or amenities, participating in programs or activities, and using or being present in and/or around any Gather Sauna House equipment while stationary or in transit (towing) or arising from improper maintenance of any equipment or facilities. This includes, without limitation, my use of the changing room, sauna, outdoor stairs, all seating, shower, parking area, sidewalk or any equipment inside or outside of the Gather Sauna House equipment and my participation in any activity, class, program or instruction. I agree that I am voluntarily participating in these activities and using the equipment and premises and assume all risk of injury, the contraction of any illness or medical condition that might result (such as Covid-19), or any damage, loss or theft of any personal property, whether any of the foregoing are suffered by me and/or my family members.
(a) ASSUMPTION OF RISK. I agree that I will assume the risk and full responsibility for any and all injuries, losses, death, costs, the contraction of any illness or medical condition that might result or other damages, loss or theft of any personal property that might occur to me and/or my family members while inside or outside of the Gather Sauna House equipment, utilizing equipment which may malfunction or break, participating in any exercise or fitness activity, patronizing or using Gather Sauna House/Hygge Holistic Health, LLC services, facilities and/or amenities, participating in programs or activities, using or being present inside and outside of any Gather Sauna House equipment, or arising from improper maintenance of any equipment or facilities, my use of the changing room, sauna, outdoor stairs, seating, shower, parking area, sidewalk or any equipment inside or outside of the Gather Sauna House equipment, my participation in any activity, class, program or instruction, and negligence on the part of Gather Sauna House, Hygge Holistic Health, LLC, its officers, directors, employer contractors, agents and other members, including premises liability claims and/or equipment liability claims such as (by example and not by limitation) slip and falls and/or trip and falls inside or outside of any Gather Sauna House equipment (“Losses”).
(b) RELEASE OF CLAIMS. To the maximum extent allowed by law, I, the undersigned (“I”), agree on my own behalf and on behalf of my family, personal representatives, heirs, executors, administrators, agents and assigns, to waive and release any and all claims, suits or related causes of action against Gather Sauna House/Hygge Holistic Health, LCC, its owners, officers, employees, or agents (collectively “Gather Sauna House”), for all Losses (“Released Claims”). I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF CLAIMS AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I AM WAIVING ANY RIGHT I MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST Gather Sauna House/Hygge Holistic Health, LLC Mobile Sauna Rental and fee use FOR ITS NEGLIGENCE.
2. INDEMNIFICATION – I agree that I will indemnify, defend and hold Gather Sauna House/Hygge Holistic Health, LLC harmless, to the maximum extent allowed by law, from negligence, injury, loss, death, costs or other damages to me, my family members, heirs or assigns, or third parties for claims, suits, or related causes of action asserted against Gather Sauna House/Hygge Holistic Health, LLC Mobile Sauna Rental and Fee Use arising from my conduct and/or my family’s conduct while inside or outside of Gather Sauna House's equipment or participating in any program or activity and from any of the Losses and Released Claims described in Section 1.
3. APPLICATION – I agree that this Release shall apply to each visit I make to Gather Sauna House's equipment and to every instance of my participation in a program or activity, including future visits and participation, regardless of the date that this Release is signed below.
4. AGREEMENT TO COMPLY WITH RULES – As Sauna host, I agree to, and will comply with, the policies of Gather Sauna House’s “USER MANUAL” posted and available for download at www.gathersaunahouse.com, and with the policies of Gather Sauna House's “EQUIPMENT RENTAL AGREEMENT”. As sauna guest, I agree to, and will comply with the warnings and policies and rules of Gather Sauna House as outlined within this document. I acknowledge that Gather Sauna House’s policies are subject to change at the sole discretion of the Gather Sauna House.
5. BINDING ON OTHERS – This Release shall bind the members of my family and my spouse or registered domestic partner if I am alive, as well as my estate, family, heirs, administrators, personal representatives or assigns if I am deceased and shall be deemed as a “Release, Waiver, Discharge and Covenant” not to sue Gather Sauna House/Hygge Holistic Health, LLC.
6. SEVERABILITY – I agree that the purpose of this Release is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Oregon law. I agree that if any portion or provision of this Release is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid portion will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Release.
7. APPLICABLE LAW, FORUM & ATTORNEYS’ FEES – This Release is governed by and shall be construed in accordance with the laws of the state of Oregon, without any reference to its choice of law rules. I agree that any dispute arising from this Release or in any way associated with Gather Sauna House/Hygge Holistic Health, LLC doing business within the state of Oregon or outside of the state of Oregon shall be brought only in the Courts of Deschutes County, Oregon, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this Release is contested, I agree that the substantially prevailing party will be entitled to receive all attorney’s fees and costs from the party contesting the validity of this Release.