ASSUMPTION OF RISK. I understand that the Activities involve exposure to extreme temperatures, physical exertion, and potential hazards including but not limited to slips and falls, cardiovascular stress, and cold-related injuries. I acknowledge that these risks may arise from my own actions, the actions of others, weather conditions, terrain, equipment use, and location-specific conditions. I assume all such risks, known and unknown, even those arising from negligence.
RELEASE FROM LIABILITY. I release and discharge Cold Plunge Florida, LLC, its owners, contractors, event staff, volunteers, affiliates, and any associated property owners or venues from any and all liability, claims, or demands that may arise from participation in the Activities. This includes claims of negligence, property damage, bodily injury, illness, or death, to the fullest extent permitted by law.
COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or
other legal proceeding or demand against Cold Plunge Florida, LLC, nor join or
assist in the prosecution of any claim for money or other damages which anyone
may have, on account of injuries (including death), losses, or damages sustained by
me, other parties, or my (or others’) property in connection with my participation in
the Activities, and I waive any right I may have to do so. This means that I cannot
sue to hold Cold Plunge Florida, LLC responsible for any injury, loss, or damage
sustained by me, other parties, or my (or others’) property in connection with the
Activities, even if it is due to the ordinary negligence, injudicious act, omission, or
other fault of Cold Plunge Florida, LLC.
PUBLICITY. I hereby grant Cold Plunge Florida, LLC, without limitation, the
right to use my name, likeness, and image for any publicity without further
compensation or permission.
I acknowledge that Cold Plunge Florida, LLC reserves the right to film clients
during their participation in the Activities for promotional and educational
purposes. I understand that my image and likeness may be captured in such
recordings and may be used by Cold Plunge Florida, LLC for marketing and
promotional materials, including but not limited to their website, social media, and
other digital or print media.
This Release shall be binding upon and enforceable against me, my personal
representatives, spouse, successors and assigns, heirs, and next of kin without
limitation. It is my desire and intent that the words, terms, provisions, covenants,
and remedies contained in this Release shall be enforceable to the fullest extent
permitted by applicable laws, ordinances, statutes, rules, and regulations
(“Applicable Law”). If any portion of this Release is held invalid, the remainder
shall not be affected and shall continue in full legal force and effect. The terms of
this Release shall continue from this date forever. This Release and Waiver shall be
construed and interpreted as broadly as possible under Applicable Law.
SEVERABILITY AND GOVERNING LAW. This Agreement shall be binding upon me, my heirs, personal representatives, and assigns. If any portion of this waiver is deemed unenforceable, the remaining sections shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Florida.