WARNING: READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
This Liability Waiver and Release Form is a legal agreement between the undersigned participant (the “Participant”) and ULOS Studio (the “Operator”), the operator of the sauna (the “Sauna”). By signing this form, the Participant acknowledges and agrees to the following terms and conditions:
1. Acknowledgement of Risk
I, the undersigned Participant, acknowledge that using the Sauna and related activities involves inherent risks, including but not limited to:
- Exposure to extreme heat and humidity.
- Risk of dehydration, heat exhaustion, or heat stroke.
- Accidents or injuries resulting from the use of the Sauna or surrounding areas.
- Slips, trips, or falls when entering or exiting the Sauna.
- Injury from water/swimming-related activities.
- Potential malfunction of Sauna equipment.
- Risk of contracting illnesses, viruses or communicable diseases, including but not limited to COVID-19 or other infections, due to the shared use of facilities or equipment, or proximity to other participants.
- Risks related to the condition of the premises where the Sauna is being used (including rented or leased properties).
I understand that these risks may result in personal injury, illness or death, and I accept full responsibility for any harm resulting from my use of the Sauna. By signing this waiver, the Participants acknowledges that the Operator does not own, operate, or control the premises where the Sauna is located and that the Participant assumes full responsibility for any risks or hazards associated with the use of third-party properties, including leased or rented properties.
2. Health Declaration
I declare that I am physically fit to participate in the use of the Sauna and ancillary water/swimming-related activities. I have consulted a physician, if necessary, and I am not suffering from any condition that could make use of the Sauna dangerous, including but not limited to:
- High blood pressure, heart disease, respiratory issues, heat sensitivity or recent surgery.
- Any other condition that may increase the risks associated with Sauna use.
I declare that I am in good health and have no medical conditions that would make the use of the Sauna unsafe. I also confirm that I am not pregnant. I agree not to use the Sauna if I am under the influence of alcohol, drugs or other substances that could impair my judgment.
3. Assumption of Risk
I voluntarily assume all risks, both known and unknown, related to my use of the Sauna, including but not limited to:
- The inherent risks outlined above.
- Risks related to the condition of the premises where the Sauna is located, including any leased or rented properties.
- Environmental risks such as weather conditions.
- The actions or omissions of other participants.
I understand that these risks may result in serious injury or death. I understand that the Operator does not own or control the premises and is not responsible for any hazards present.
4. Release and Waiver of Liability
To the fullest extent permitted by law, I release, waive, and forever discharge the Operator, its officers, directors, shareholders, owners, employees, representatives, contractors, subcontractors, agents, associates and affiliates from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury (including death) that may occur as a result of my use of the Sauna, whether caused by negligence or otherwise.
This waiver does not extend to liability for gross negligence, willful misconduct, or intentional acts by the Operator.
5. Waiver of Liability for Third-Party Service Providers
The Operator shall not be held liable for any damages, losses, or injuries resulting from the conditions of the premises or services provided by third parties, including but not limited to property owners, hosts or rental platforms.
6. Indemnification
I agree to indemnify and hold harmless the Operator, its officers, directors, shareholders, owners, employees, representatives, contractors, subcontractors, agents, associates and from any claims, lawsuits, damages, costs, or expenses (including legal fees) arising out of or related to my use of the Sauna, including any claims brought by third parties due to my actions, use of the Sauna, or violation of property rules. This includes, but is not limited to, damage to the Sauna, its equipment, or the premises.
7. Limitation of Liability
In the event that the Operator is found liable for any claim arising out of or related to the use of the Sauna, the Operator’s total liability shall be limited to the amount paid by the Participant for the services. The Operator shall not be liable for any indirect, incidental, or consequential damages, even if advised of the possibility of such damages.
8. Responsibility for Property Damage
I agree to be responsible for any damage to the Sauna, its equipment, or the premises caused by my use, misuse or negligence. I agree to compensate the Operator for any repair or replacement costs arising from such damage.
9. Use of Equipment and Compliance with Safety Guidelines
I understand that I am responsible for using the Sauna and any provided equipment properly, in accordance with any instructions or guidelines provided by the Operator. I agree to follow all safety instructions and protocols, and I acknowledge that failure to do so may increase the risk of injury (including death), for which I assume full responsibility.
10. Medical Treatment
In the event of an emergency, I authorize the Operator to obtain medical treatment for me if necessary. I agree to assume full responsibility for any costs or expenses related to medical care and transportation.
11. Use of Equipment
I understand that I am responsible for using the Sauna and any provided equipment properly and in accordance with any instructions provided by the Operator. I agree to report any malfunctions or hazards to the Operator immediately.
12. Cancellation and Refund Policy
Any cancellations must be made at least 48 hours in advance before the scheduled use of the Sauna. The Operator reserves the right to cancel reservations due to safety concerns, extreme weather conditions, equipment malfunction, or any other reason, in which case a full refund or rescheduling option will be offered.
13. No Warranties
The Operator makes no representations or warranties, express or implied, regarding the condition, safety or performance of the Sauna or its equipment. The Participant acknowledges that the Sauna is used at their own risk.
14. Behaviour and Conduct
The Participant agrees to conduct themselves in a safe and respectful manner while using the Sauna and the premises. The Operator reserves the right to refuse service or remove any Participant from the premises if the Participant engages in behaviour deemed unsafe, disrespectful or in violation of safety guidelines. No refunds will be provided in such cases.
15. Assumption of Responsibility for Personal Belongings
The Participant assumes full responsibility for their personal belongings while using the Sauna. The Operator shall not be liable for any loss, theft or damage to personal items.
16. Photo/Video Release
I consent to the use of any photos or videos taken during my use of the Sauna for promotional purposes by the Operator.
17. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
18. Force Majeure
The Operator shall not be liable for any failure or delay in providing services or fulfilling obligations due to circumstances beyond its reasonable control, including but not limited to, acts of God, natural disasters, extreme weather conditions, government actions, pandemics, or other unforeseen events.
19. Severability
If any portion of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Acknowledgement
By signing this waiver, I acknowledge that I have read, understood, and agreed to the terms and conditions outlined above. I understand that I am waiving substantial legal rights, including the right to sue the Operator.