Waiver (Please read carefully)
WAIVER, RELEASE, AND INDEMNITY FOR USE OF AWAKEN INFRARED SAUNA, COLD PLUNGE, NEUROFEEDBACK THERAPY, VIBRATION PLATE AND MASSAGE THERAPY
THIS WAIVER, RELEASE, AND INDEMNITY MUST BE SIGNED BY ALL PERSONS PRIOR TO USING THE INFRARED SUANA, COLD PLUNGE, NEUROFEEDBACK THERAPY, MASSAGE THERAPY, VIBRATION PLATE OR OTHER EQUIPMENT OR ACTIVITIES HEREIN
⦁ I hereby request permission from Awaken Infrared Sauna and Neurofeedback (the “Facility”) to use the Infrared Sauna (the “Sauna”), Cold Plunge, Neurofeedback Therapy, Massage Therapy, and other equipment and activities therein.
⦁ I understand that my presence in the Facility and my use of the Sauna, Cold Plunge, Neurofeedback Therapy, Massage Therapy, Vibration Plate and other equipment and activities therein is entirely at my sole risk.
⦁ I understand that the use of the Sauna, Cold Plunge, Neurofeedback Therapy, Massage Therapy, and other equipment and activities may involve significant risk to a person with certain disabilities or medical conditions.
I understand that the Sauna uses infrared technology, which uses various light colors, including red light, to create significant heat. I understand that, contrary to a traditional sauna which heats the air around me, the Infrared Sauna uses infrared light to directly heat my body.
I understand that the Cold Plunge causes a significant decrease in body temperature through the use of a tub containing low-temperature circulating water.
I understand that the Neurofeedback Therapy involves observation of my brain activity by using two sensors placed on either side of my head.
I understand that the Massage Therapy involves manipulation of the soft tissue of my body.
[PERSONS WITH CERTAIN DISABILITIES OR MEDICAL CONDITIONS INVOLVING HEART OR RESPITORY ISSUES, INCLUDING, BUT NOT LIMITED TO, HEART DISEASE/ATTACKS, ASTHSMA, LOW/HIGH BLOOD PRESSURE, CARDIOVASCULAR DISEASE, KIDNEY DISEASE, OR DEHYDRATION MUST NOT USE THE SAUNA OR COLD PLUNGE, AS HARMFUL EFFECTS MAY RESULT]
[PERSONS WITH CERTAIN DISABILITIES OR MEDICAL CONDITIONS INVOLVING THE HEAD OR BRAIN, INCLUDING, BUT NOT LIMITED TO, CHRONIC HEADACHES, CONCUSSION, OR TRAUMATIC BRAIN INJURY MUST NOT USE THE NEUROFEEDBACK THERAPY, AS HARMFUL EFFECTS MAY RESULT]
I certify that I suffer from no such or similar disabilities or medical conditions which would put me at risk by using the Sauna, Cold Plunge, Neurofeedback Therapy, Massage Therapy, or other equipment or activities. I certify that I have consulted or had the opportunity to consult a physician regarding the utilization of all equipment and activities of the type offered by the Facility.
[If you have any disabilities or medical conditions and are unsure if it is safe for you to use the Sauna, Cold Plunge, Neurofeedback Therapy, Massage Therapy, or other equipment or activities provided by the Facility, please write them on the lines below and wait for a Facility representative to further advise you]:
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I certify that if I suffer from any disabilities or medical conditions not listed above, I have consulted a licensed physician who has advised me that it is safe for me to use the Sauna, Cold Plunge, Neurofeedback Therapy, Massage Therapy, and other similar equipment and activities.
[FOR MASSAGE THERPARY ONLY]
I certify that if any parts of my body are currently injured, in pain, sensitive, or I otherwise do not wish them touched during Massage Therapy, I have clearly circled them on the diagram below:
[FOR MASSAGE THERPARY ONLY]
I certify that I have listed all disabilities or medical conditions on the lines below, of which I currently suffer from or have suffered from in the past, that may cause harm or discomfort to me as a result of Massage Therapy:
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⦁ I am aware that the use of the Facility involves certain risks of injury and I expressly assume the risk and responsibility for any and all accidents, damage, injury, or other effect of any kind upon my health or physical condition sustained as a result of my use of the Facility's facilities, services, and equipment. I further acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while on site at the Facility and that such exposure or infection may result in loss, illness, injury, disability and/or death. Because the Facility is open for use by other individuals, I recognize that I and my family (including my minor children) are at higher risk of contracting COVID-19.
⦁ In consideration of making the Facility available to me, to the fullest extent permitted by law, I for myself and on behalf of my spouse, children, estate, heirs, executors, administrators, assigns, and personal representatives hereby release, discharge and covenant not to sue (and relinquish my rights to sue) the Facility, officers, agents, employees, attorneys, and their respective successors and/or assigns (each a “Released Party”) from and with respect to any and all liability, claims, demands, actions, suits, rights and/or causes of action of whatever kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, whether caused by the negligence of the Facility or a Released Party or otherwise, that may arise from my use of the Facility, including, without limitation, any damage to property or bodily and/or personal injury, including death, in connection therewith. I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am hereby releasing any and all unknown future claims.
⦁ I assume full responsibility for any injuries or damages which may occur to me or be caused by me to any other person present at the Facility or by reason of my use of the equipment and activities therein.
⦁ To the fullest extent permitted by law, I agree to indemnify and hold harmless the Facility and any Released Party from and against any loss, damage, claim, suit, liability, demand, cost and/or expense, paid or incurred by the Facility or any Released Party, or asserted against any of them (including attorneys' fees, court costs, and disbursements) caused in whole or in part, by, or arising directly or indirectly out of my use of the Facility and/or my breach of this Waiver, Release, and Indemnity. Such indemnity shall include an obligation to defend any claim at my expense.
⦁ I assume full responsibility for any loss of or damage to my personal property which may occur in the Facility.
⦁ I have been informed and acknowledge that the Facility and its agents will not provide any supervision at or in connection with the Facility. I agree that I shall use the equipment in the Facility without any such supervision of my use of the Facility.
⦁ I acknowledge that I have not requested or received any express representations or warranties as to the use of the equipment in the Facility and its agents do not make any implied representations or warranties with regard to the Facility or use of the equipment therein.
⦁ I acknowledge, agree, and permit that the Facility may be equipped with a surveillance system of one or more cameras, which may be recording my image and my use of the Facility, and that these images may be displayed to any person to whom the Facility grants permission, including, without limitation, law enforcement and security personnel, insurance company representatives and investigators, medical personnel, equipment suppliers and maintenance personnel, and legal counsel. Images may also be displayed on a display at the Facility. The images and recordings shall be the property of the Facility.
⦁ I acknowledge and agree that any dispute or question concerning my use of the Facility will be resolved by the Facility and that the decision of such shall be, in all respects, final and binding upon me.
⦁ This Waiver, Release, and Indemnity shall also bind my assigns, heirs, executors, administrators, distributees, guardians, and next of kin.
⦁ This Waiver, Release, and Indemnity shall be governed by, construed, and enforced in accordance with, the laws of the State of New Jersey, without giving effect to conflict of law principles.
⦁ If any term or provision of this Waiver, Release, and Indemnity is held to be illegal, invalid, or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid, or unenforceable under present or future laws, then and in such event, it is the express intention of the parties that the remainder of this Waiver, Release, and Indemnity, or the application of such terms, clauses, or provision, other than to those as to which it is held illegal, invalid, or unenforceable, shall not be affected thereby, and each term, clause, or provision of this Waiver, Release, and Indemnity, and the application thereof, shall be legal, valid, and enforceable to the fullest extent permitted by law.
⦁ This Waiver, Release, and Indemnity constitutes the entire agreement of the parties with respect to the subject matter of this Waiver, Release, and Indemnity and supersedes all prior agreements, understandings, negotiations, statements, promises, and discussions, oral and written, between the parties hereto with respect to the subject matter of this Waiver, Release, and Indemnity.
⦁ The provisions of this Waiver, Release, and Indemnity will continue in full force and effect even after the termination of the activities conducted by me at the Facility.
I have read and fully understand the terms of this Waiver, Release, and Indemnity, and that I may have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. I agree to abide by and be bound by the terms and conditions of this Waiver, Release, and Indemnity. I have had an opportunity to consult counsel regarding this Waiver, Release, and Indemnity.