• REFUGE SAUNA - RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS ANDINDEMNITY AGREEMENT

  • BY SIGNING THIS 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 TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE
    READ CAREFULLY.
  • RELEASEES.

  • In this Agreement, the "Releasees" means 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, 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.
  • ACTIVITIES.

  • "Activities" means all activities connected with my attendance at the Facility, induding without limitation use of the floating sauna
    structure, the e, the wood-fired or electric 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 the Activities expose me to many risks, dangers and hazards that may result in injury, illness, death,
    paralysis, cardiovascular event, property damage or loss, including without limitation: extreme heat (temperatures exceeding 90°C/194°F),
    hyperthermia, heat exhaustion, dehydration, fainting, and bums 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 waterbome 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, waterbome setting;
    structural, fire, smoke, carbon monoxide or electrical faults associated with the heater or stove; slips, trips and falls 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, INCLUDING THEIR FAILURE TO PROVIDE, OR ADEQUATELY PROVIDE, DIRECTIONS OR INSTRUCTIONS, OR TO
    SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I FREELY ACCEPT
    AND FULLY ASSUME ALL SUCH RISKS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS, My
    participation is purely voluntary and I elect to participate in spite of the risks.
  • 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 ofheart 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 16 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.
  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY.

  • In consideration of the Releasees permitting me to participate in the
    Activities, including my use of their equipment, facilities and services, I agree: (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 or 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, с. 337,
    ON THE PART OF THE RELEASEES; (2) TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property
    damage or personal injury to any third party resulting from my participation in the Activities; (3) that this Agreement is binding upon my heirs, next
    of kin, executors, administrators, successors and representatives in the event of my death or incapacity; (4) that this Agreement is governed by
    and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, that any litigation
    involving the parties shall be brought solely within and subject to the exclusive jurisdiction of the Courts of British Columbia, and that if any
    provision is held unenforceable it shall be modified to reflect the parties' intention and the remaining provisions shall remain in full force and effect;
    and (5) that this Agreement applies to the session I am signing for today and to all future sessions at the Facility, and remains in full force and
    effect until revoked by me in writing and acknowledged in writing by the Releasees. In entering into this 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
    Agreement.
  • I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT I AM SIGNING IT FREELY AND VOLUNTARILY, AND THAT
    I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT
    PERMITTED BY LAW.
  • Date:
     - -
  • PARENT / LEGAL GUARDIAN CONSENT (required if the Participant is under 19 years of age)

  • I confirm that I am the parent or legal guardian of the Participant named above, that I have read and understand this Agreement, and that I agree
    to all of its terms on my own behalf and on behalf of the Participant, including the waiver, release, assumption of risk, indemnity and governing-
    law provisions. I further agree to indemnify and save harmless the Releasees from any claim brought by or on behalf of the Participant arising
    out of the Activities.
  • Date:
     - -
  • ELECTRONIC SIGNATURE. Where this Agreement is completed electronically, typing or drawing my name in the signature field constitutes my legal signature and
    has the same force and effect as a handwritten signature, and I confirm I have read and agree to the whole of this Agreement.
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