• RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

  • (hereinafter the "Release Agreement")
  • BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
  • PLEASE READ CAREFULLY!
  • I AGREE THIS RELEASE AGREEMENT SHALL APPLY TO ALL MY PARTICIPATION IN THE ACTIVITIES AT REFUGE SAUNA, INCLUDING ALL SESSIONS BOOKED, SCHEDULED, AND RESCHEDULED BOTH BEFORE AND AFTER THE DATE OF SIGNING, AND SHALL REMAIN IN EFFECT UNTIL REVOKED BY ME IN WRITING AND ACKNOWLEDGED BY THE RELEASEES.
  • Format: (000) 000-0000.
  • I CONFIRM THE ABOVE INFORMATION IS ACCURATE
  • I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES, AND I AGREE I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I FURTHER AGREE MY PARTICIPATION IN THE ACTIVITIES IS PURELY VOLUNTARY AND I ELECT TO PARTICIPATE IN SPITE OF THE RISKS.
  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

  • In consideration of the Releasees allowing me to participate in the Activities, including my use of their equipment, facilities and related services, I hereby agree as follows:
  • TO: Desolation Sound Enterprises Ltd. (o/a Refuge Sauna), together with the owners, operators, moorage and marina providers, and property owners and lessors of the floating sauna and cold plunge facility at Refuge Cove, Desolation Sound, British Columbia (the "Facility"), and all corporations, entities and individuals that provide or make available premises, vessels, equipment or services for the Activities, and each of their respective directors, officers, shareholders, employees, guides, instructors, sauna attendants, agents, contractors, subcontractors, volunteers, representatives, successors and assigns (all of whom are hereinafter collectively referred to as the "Releasees").
  • DEFINITIONS

  • In this Agreement, "Activities" means all activities that take place at or in association with the Participant's attendance at the Facility, including without limitation use of the floating sauna structure, the wood-fired heater and heated stones, steam (löyly), benches, change areas and washrooms, docks, gangways, ramps, ladders, decks and moorings; cold water immersion (the "Cold Plunge") in Desolation Sound or any associated plunge vessel; contrast bathing and hot-cold thermal cycling; showering and rinsing; entry to and exit from the Facility and transit across adjoining docks and vessels; and all orientation, attendant and related services.
  • ASSUMPTION OF RISKS

  • I am aware that participating in the Activities will expose me to many risks, dangers and hazards that could result in injury, illness, death, paralysis, cardiovascular event, property damage or loss to me or other third parties. These risks, dangers, and hazards include, but are not limited to: extreme heat (temperatures exceeding 90°C/194°F), hyperthermia, heat exhaustion, dehydration, fainting, and burns or scalds from the heater, stones, stovepipe and hot surfaces or from steam and water; cold shock, hyperventilation, cold incapacitation, hypothermia, drowning and near-drowning, aspiration of water, and cardiac arrhythmia, heart attack, stroke or sudden cardiac death triggered by heat, cold or rapid thermal cycling, particularly in persons with pre-existing or undiagnosed conditions; vasovagal syncope and falls; exposure to naturally occurring waterborne organisms and contaminants in Desolation Sound; motion of the floating structure, falls overboard, crushing or pinching between the structure and docks or vessels, wind, waves, wakes, current, weather and lightning, and delay or impossibility of rescue, medical treatment or evacuation given the remote, waterborne setting; structural, fire, smoke, carbon monoxide or electrical faults associated with the heater or stove; slips, trips on wet, icy, uneven or sloped surfaces; allergic reactions; the negligence of other participants; negligent first aid or rescue; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES: (i) WITH RESPECT TO THE PROVISION OF OR THE FAILURE TO PROVIDE DIRECTIONS OR INSTRUCTIONS, OR (ii) TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. Communication in a waterfront environment is difficult, and in the event of an accident, rescue, medical treatment and evacuation may not be immediately available or may be delayed. Weather water conditions may be extreme and can change rapidly and without warning.
  • HEALTH REPRESENTATION

  • I represent that I am in good physical and mental health and do not suffer from any condition known or likely to be aggravated by heat exposure, cold water immersion or thermal cycling (including cardiovascular or circulatory disease, uncontrolled hypertension or hypotension, cardiac arrhythmia, Raynaud's phenomenon, history of heart attack or stroke, epilepsy or seizure disorder, diabetes, respiratory or neurological disease, recent surgery, open wounds, or pregnancy); that I have consulted a physician to the extent necessary to satisfy myself that participation is safe for me; that I am not under the influence of alcohol, cannabis, drugs or any substance impairing judgment, coordination or thermoregulation, and will not consume such substances before or during the Activities; and that I will immediately stop and inform a Sauna Attendant if I feel unwell or dizzy or experience chest pain, shortness of breath or numbness.
  • FACILITY RULES

  • I agree to follow all posted signage and the reasonable instructions of the on-duty Sauna Attendant, including any instruction to exit the sauna or end a cold-plunge immersion. The Cold Plunge is for the sauna-cycle contrast only and recreational swimming is not permitted; no diving or head-first entry; no smoking, vaping, glass or alcohol on the Facility. Guests under 19 must be accompanied at all times by a responsible adult. I understand the Releasees are not liable for loss of or damage to personal property, including electronics, phones, jewellery and valuables.
  • 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my heirs, next of kin, executors, administrators and representatives may suffer, as a result of my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES: (1) WITH RESPECT TO THE PROVISION OF OR THE FAILURE TO PROVIDE DIRECTIONS OR INSTRUCTIONS, OR (ii) TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES;
  • 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of or personal injury to any third party resulting from my participation in the Activities;
  • 3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity;
  • 4. This Release Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction;
  • 5. Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia; and
  • 6. If any provision of this Release Agreement is held by a Court to be unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Release Agreement shall remain in full force and effect as drafted.
  • In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the activities, other than what is set forth in this Release Agreement.
  • Signed this ____________ day of ____________
  • I CONFIRM THAT I HAVE READ AND AGREE TO THIS RELEASE AGREEMENT. I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I ACKNOWLEDGE AND AGREE THAT I AM SIGNING THIS RELEASE AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.
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