(hereafter known as the "Sauna User") and Moonfire Sauna House, LLC, (hereafter known as “Moonfire”). Both the Sauna User and Moonfire enter into this legally binding Liability Waiver. The Sauna User and Moonfire, collectively, are known hereafter as the “Parties.”
1. Liability Waivers and Indemnification
1.1. Moonfire’s sauna is hosted in a natural outdoor setting with live fire being used, and with access to either a outdoor shower, cold-plunge barrel filled with water or a nearby natural water source such as a lake, river or ocean. Accordingly, the Sauna User fully understands and accepts that there are risks to their own person while engaging with the sauna, cold water, or while being on a property where the sauna is being hosted. So, in perpetuity, the Sauna User does hold harmless Moonfire, any of Moonfire’s employees, any of Moonfire’s assigns, any property owners where the sauna is being hosted, and Mackenzie Rae Cohane personally, from any and all legal claims or actions arising from the Sauna User ever engaging with Moonfire’s property, or ever being on any other property where the sauna is hosted, and the Sauna User then suffering any bodily injury, infection, or death, including, but not limited to, from heart attacks, from stokes, from burning, from scalding, from hyperthermia, from hypothermia, from smoke inhalation, from falling branches, from falling trees, from slipping, from tripping, from falling, from walking or running barefoot, from animal attack, from a vehicle driving into a tree, from a vehicle driving into any other obstacle, from wood splinters, from drowning, from the Sauna User cutting themselves when using any axes, from a Sauna User getting Covid or any other type of communicable disease, and from any other Acts of God.
1.2. The Sauna User forever does hold harmless and releases Moonfire, any of Moonfire’s owners, any of Moonfire’s employees, and any of Moonfire's assigns, including, but not limited to any of their spouses, heirs, executors, administrators, and legal representatives, from any and all legal claims or actions arising from any of the Sauna User's use of the saunas or use of any other sauna equipment provided by Moonfire including, but not limited to, for any legal claims or actions of property damage, of bodily harm, of wrongful death, of loss of consortium, or of drowning in any bodies of water that are located near any saunas or other sauna equipment that is provided by Moonfire.
1.3. The Sauna User agrees to be careful about and to be responsible for the Sauna User's own actions while at Moonfire Sauna House or while being on any other property where the sauna is located. So, the Sauna User does hold harmless and indemnify in perpetuity Moonfire, any of Moonfire's shareholders, any of Moonfire's employees, any of Moonfire's assigns, and Mackenzie Rae Cohane personally, from any and all legal claims or actions arising from the Sauna User ever being used at the Moonfire Sauna House, or any other location where the sauna is located, and from the Sauna User then doing any action that causes bodily harm, causes death, or causes personal property damage to any other person.
1.4. If, by the Sauna User's own actions, the Sauna User ever causes the damage of or the destruction of the personal property of Moonfire, of Mackenzie Rae Cohane, or any other property where the sauna is located, then the Sauna User shall pay for either the repair of or the replacement of that personal property, at the discretion of the specific owner of that damaged or destroyed personal property.
1.5. The Sauna User acknowledges that this Liability Waiver is made with the express intention of forever extinguishing some of the legal obligations otherwise owed to the Sauna User by Moonfire, and that this Liability Waiver is made with the express intention to bind the Sauna User's spouse, heirs, executors, administrators, legal representatives, and assigns to the terms of this Liability Waiver, in perpetuity.
1.6. In order to use any of the saunas provided by Moonfire, the Sauna User must first agree to and must sign this Liability Waiver, and all the Parties agree that there is adequate consideration for this Liability Waiver.
2. Fitness to Use Saunas The Sauna User fully understands that the use of saunas involves high heat and steam, which may be dangerous for some people. The Sauna User also acknowledges that they do not have any physical limitations, mental impairments, or medical conditions that would make it dangerous for the Sauna User to use the saunas or the other sauna equipment provided by Moonfire. Additionally, if needed, the Sauna User shall be fully responsible for consulting with their own medical provider, getting a medical examination, and getting a medical clearance, before using any of Moonfire's saunas.
3. Sauna User Rules
3.1. It is required that the Sauna User rinses off in the shower before each entrance into the Cold-Plunge. Also, it is highly preferred for the Sauna User rinse off in the shower before entering any sauna for the first time.
3.2 It is required that you dry off with a towel after cold plunging or showering before re-entering cubby room of the sauna.
3.3. No dangling metal jewelry inside any of the saunas. There are jewelry hooks inside.
3.4. The Sauna User shall not stoke any of the saunas above 220°F.
3.5. The Sauna User shall only pour water slowly onto the rocks inside any sauna.
3.6. The Sauna User shall use a sitting towel to sit on inside any sauna.
3.7. The Sauna User shall not use any footwear, of any kind, inside any sauna.
3.8. The Sauna User shall not bring any food or drink besides water inside the sauna.
3.9. The Sauna User shall not bring any creams, lotions, makeup, or perfumes into the sauna.
3.10. No alcohol use or alcohol intoxication when using any sauna or cold-plunge during any sauna session.
3.11. No illegal drug use when using any sauna or cold-plunge during any sauna session.
3.12. No violence, of any kind, is permitted at during a sauna session with Moonfire.
3.13. No photographing and no video taking of any other Sauna User is allowed during any sauna session without that Sauna User's prior consent.
4. Following Sauna Use Instructions. The Sauna User shall follow all instructions and any rules see Section 3 above, given by Moonfire, or by Moonfire's employees, for the safe or proper use of any of the saunas or of any of the other sauna equipment provided by Moonfire.
5. Additional Comfort and Safety Recommendations for the Sauna User.
5.1. The Sauna User should carefully listen to the safety briefing and facilities tour that the Sauna User will get at their check-in orientation for their sauna session.
5.2. The Sauna User should stay physically away from the wood stove inside any sauna, and the Sauna User should take great care to not accidentally brush against that wood stove moving about inside any sauna.
5.3. The Sauna User should wear the appropriate footwear outside of any sauna.
5.4. If using a bathing suit, the Sauna User should try to use a bathing suit that does not have any exposed metal parts, so that metal part of their swimsuit does not get too hot in any sauna. However, bathing suit use on private property is optional and is up to the Sauna User's own discretion.
5.5. The Sauna User should be aware of the possible low head clearance of sauna doors. Thus, the Sauna User should carefully watch their head as they enter or as they exit any sauna.
6. Sauna User's Online and Social Media Posting.
6.1. The Sauna User may post on social media, as long as the images or the videos that the Sauna User posts follow the photography and video rule in Section 3.12 above. Do not reveal address or information regarding the property where the sauna is being hosted on Social Media.
7. Rights to Photos and to Video Content Made by Moonfire.
7.1. Moonfire strongly values the privacy of each of their Sauna Users. So, Moonfire's general policy is first to ask any subject of any promotional photograph or of any promotional video for their permission, before actually taking any photographs or videos of that subject.
7.2. Notwithstanding Section 7.1, above, Moonfire does retain any and all rights, in perpetuity, to all photographs and to all video content that are created by Moonfire, by Moonfire's representatives, or by Moonfire's agents for Moonfire's use, including, but not limited to, all copyrights, all reproduction rights, all privacy rights, all personality rights, and all publicity rights.
7.3. Notwithstanding Section 7.1, above, the Sauna User does not retain any rights whatsoever to any of the photographs or to any of the video content that are created by Moonfire, by Moonfire's representatives, or by Moonfire's agents for Moonfire's use, and the Sauna User waives any rights to inspect or any rights to approve of such photographs and such video content created by Moonfire, by Moonfire's representatives, or by Moonfire's agents for Moonfire's use.
8. Email Consent. By signing below, I agree to be added to the Moonfire Sauna House email list. I understand that this mailing list is used to share occasional updates, offerings, and relevant information about sauna sessions, events, and wellness resources. I acknowledge that I can unsubscribe at any time using the link provided in each email.
9. Participation in Healing Modalities – Moonfire Sauna House may offer events that incorporate healing modalities such as yoga, sound healing, breathwork, meditation, or other somatic or energetic practices. If you are attending an event that incorporates any other modalities alongside the sauna,
The Sauna User agrees that Mackenzie Rae Cohane, DBA Mackenzie Rae, DBA Healing Rae, and Sacred Rhythm LLC are in no way responsible for any of the consequences I may face as a result of choosing to participate in any such offerings. I understand that these practices may be physically, emotionally, or psychologically strenuous at times, and I voluntarily participate in them with full knowledge that there is a risk of personal injury, property loss, emotional distress, or death.
Understanding the risks of participating in these healing modalities, I release Mackenzie Rae Cohane, Moonfire Sauna House, and any affiliated facilitators or collaborators from any and all liability, damages, and/or expenses arising out of or in connection with actions, claims, and/or damages resulting in personal injuries and disabilities (physical, emotional, or psychological).
I agree that neither I, my heirs, assigns, nor legal representatives will sue or make any other claims of any kind whatsoever against any of the aforementioned individuals or entities for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
10. Governing Law. This Liability Waiver is to be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
11. Choice of Forum. Any legal suit, action, or proceeding arising out of or relating to this Liability Waiver shall be commenced in a state court, in the State of Washington, in Whatcom County, and each of the Parties, the Sauna User and Moonfire, hereto submits to the exclusive jurisdiction and venue of any such court in any such suit, action, or proceeding.
12. Modification. This Liability Waiver may be modified only when both of the Parties agree to any modification, in a dated writing, specifying the agreed upon modifications to this Liability Waiver, and such a modification must also be signed by both of the Parties.
13. Severability. If any provision of this Liability Waiver is illegal or unenforceable, that provision is severed from this Liability Waiver and the other provisions shall remain in force.
14. Integration. Except for the sauna session price and cancellation policy as described on the website, and except for any scheduled sauna session start time information provided by Moonfire, this Sauna User Waiver states the full agreement between the Parties and supersedes all prior negotiations and agreements.
15. Interpretation. All the section headings in this Liability Waiver are used for the reader's convenience only, and these section headings are not to be considered in construing or in interpreting this Liability Waiver. Any terms defined within this Liability Waiver shall be given the meaning as it is specifically defined therein.
16. The Signing Parties. Each of the Parties attest that they are over 18 years of age and are of sound mind. The Sauna User understands that by signing this Liability Waiver, the Sauna User is forever prevented from suing or from otherwise bringing a claim against Moonfire for negligence involving any property loss, personal injury, or death suffered because of the Sauna User's use of the saunas and other sauna equipment provided by Moonfire. The Sauna User hereby also acknowledges and attests that the Sauna User has carefully read and does fully understand this Liability Waiver, and the Sauna User did have the opportunity to seek independent legal counsel before signing this Liability Waiver. Additionally, the Sauna User does sign this Liability Waiver freely and voluntarily, without duress. Each of the Parties, or their representatives, shall sign this Liability Waiver with their proper, legal name.
IN WITNESS WHEREOF, the Parties hereby agree to all the terms of this Liability Waiver, as of the date first written above.