Equilibrium Spa

This is a legally binding document. You must sign this waiver before accessing Equilibrium Spa.

BY ENTERING OR USING EQUILIBRIUM SPA, YOU DO SO ENTIRELY AT YOUR OWN RISK.

IMPORTANT: Equilibrium Spa is a separate registration-based wellness facility and is not a standard leasehold amenity. Access requires separate registration with Equilibrium Spa and completion of mandatory safety training, independent of your tenancy agreement.

 

2. Health Acknowledgment & Medical Clearance

By signing below, I acknowledge and confirm that:

1.     I am in good physical health and have no known medical condition that would prevent safe use of the sauna, cold plunge, red light therapy area, or relaxation area.

2.     I HAVE CONSULTED WITH A LICENSED PHYSICIAN and received medical clearance prior to using the sauna, cold plunge, and/or red light therapy device. I understand it is my responsibility — not Equilibrium Spa management's — to confirm with my doctor that use of these facilities is appropriate for my individual health condition.

3.     I understand that use of the sauna and cold plunge may significantly elevate heart rate and blood pressure, and that both facilities carry serious health risks that may be amplified by pre-existing medical conditions, medications, or other individual factors.

4.     I will not use the spa facilities under the influence of alcohol, recreational drugs, or any medication that may impair my judgment, reaction time, or thermoregulation.

5.     I will immediately exit all facilities and seek medical assistance if I experience dizziness, shortness of breath, chest pain, nausea, numbness, or any other unusual symptom.

6.     I am not pregnant. (Pregnant individuals are advised not to use sauna, cold plunge, or red light therapy facilities.)

7.     RED LIGHT THERAPY — MEDICATION INTERACTIONS: I understand that certain medications — including Tetracycline, Digoxin, Retin-A, topical corticosteroids, antihistamines, and other photosensitizing drugs — may cause increased light sensitivity and may be contraindicated with use of the red light therapy device. If I take any such medications, I will consult my physician before using the red light therapy device.

8.     RED LIGHT THERAPY — CONTRAINDICATIONS: I do not have suspicious or cancerous skin lesions, and I have not received a steroid injection or used topical steroids within the past 30 days, unless I have received physician clearance to use the red light therapy device.

9.     COLD PLUNGE — MEDICATION WARNING: I understand that persons taking medications that induce drowsiness — including tranquilizers, antihistamines, and anticoagulants — should not use the cold plunge, as these medications may increase the risk of drowning or fatal hypothermia.

10.  COLD PLUNGE — MEDICAL CONDITIONS: I understand that persons with obesity, a history of heart disease, high or low blood pressure, circulatory system problems, or diabetes should consult a physician before using the cold plunge.

11.  PREGNANCY — ADDITIONAL CAUTION: I understand that pregnant individuals should limit cold plunge water temperatures to no lower than 80°F (26.5°C) and should avoid red light therapy unless physician-approved, as cold temperatures below this threshold may cause permanent injury to an unborn child.

12.  I am 18 years of age or older. I understand that individuals under the age of 18 are strictly prohibited from using Equilibrium Spa facilities under any circumstances, with no exceptions.

3. Assumption of Risk

I understand that using the Equilibrium Spa facilities — including the sauna, cold plunge pool, red light therapy area, and relaxation area — involves inherent risks that cannot be eliminated, even with proper safety precautions. These risks include:

•       Physical injury from extreme heat or cold exposure

•       Slips, falls, and injuries on wet or slippery surfaces

•       Cardiovascular events, including heart attack or stroke

•       Burns, scalds, or skin irritation

•       Infection or illness from shared wet environments despite regular sanitation

•       Emotional distress or adverse psychological reactions

•       Any other injury or harm arising from my use of the facilities

•       Hypothermia: Hypothermia from cold water immersion, including symptoms such as slow or shallow breathing, slurred speech or mumbling, uncontrollable shivering, weak pulse, drowsiness, clumsiness, confusion, or unconsciousness — which can lead to drowning or death

•       Red light therapy — eye risk: Eye discomfort, visual disturbance, or injury from direct or prolonged exposure to red/near-infrared light therapy LED panels

•       Red light therapy — skin burn risk: Skin burns or irritation from use of the red light therapy device in combination with liniments, salves, ointments, or balms containing heat-producing ingredients

•       Red light therapy — light sensitivity: Adverse reaction to red light therapy due to photosensitizing medications or individual sensitivity to light

I VOLUNTARILY ASSUME ALL RISKS associated with use of the Equilibrium Spa, both known and unknown, and I accept full responsibility for any injury, illness, or loss that may result.

4. Release of Liability & Indemnification

In consideration of being granted access to Equilibrium Spa, I, on behalf of myself and my heirs, personal representatives, executors, administrators, and assigns, hereby:

 

1.     RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE City Properties Real Estate Group LLC dba Equilibrium Spa, 355 Main Street Winooski LLC (aka City Gardens), their officers, directors, employees, agents, independent contractors, sister property entities, property managers, and successors (collectively, "Released Parties") from any and all liability, claims, demands, losses, causes of action, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with my use of the Equilibrium Spa facilities.

2.     This release applies to claims arising from NEGLIGENCE of the Released Parties, including ordinary negligence, but does not apply to claims arising from gross negligence, willful misconduct, or intentional acts.

3.     I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any claims brought by third parties arising from my conduct while using the facilities.

4.     I understand this is a waiver of legal rights and I have had sufficient opportunity to review and understand its terms.

5. Mandatory Training Requirement

I acknowledge and agree that:

•       I have completed, or will complete prior to first use, the required Equilibrium Spa safety orientation and training provided by City Properties Real Estate Group.

•       I understand the proper use, time limits, temperature guidelines, and emergency procedures for all spa facilities.

•       I will not permit, invite, or allow any unauthorized individual to access the spa facilities using my access credentials.

•       Failure to complete mandatory training may result in suspension or revocation of spa access privileges.

6. Facility Access, Scheduling & Equipment

I acknowledge and agree to the following regarding access and availability of Equilibrium Spa facilities:

•       Access to the sauna and cold plunge is available on a first-come, first-served basis. There are no advance reservations, except as described below.

•       If I am the first tenant to arrive and the sauna is unoccupied, I may use the sauna privately for up to 15 minutes. I may signal my intent to use the sauna privately by activating the posted 'Private Session' indicator at the sauna entrance.

•       After 15 minutes, or upon the arrival of another tenant, I agree to share or vacate the sauna in a courteous and timely manner.

•       The cold plunge pool is available on a first-come, first-served basis and is not eligible for private reservation.

•       City Properties Real Estate Group may take the sauna, cold plunge, or any other spa equipment out of service for maintenance, repairs, or upgrades for an undisclosed period of time. No advance notice is guaranteed, and no compensation, rent reduction, or other remedy is owed to tenants during any period of equipment downtime.

•       I agree not to use any spa equipment that is marked as out of service, undergoing maintenance, or otherwise closed, regardless of its apparent condition.

7. Rules & Regulations Compliance

I have received, read, and agree to abide by the Equilibrium Spa Rules & Regulations document. I understand that:

•       Violation of posted rules may result in immediate revocation of spa access without refund or recourse.

•       I will not bring guests or any unauthorized individuals to Equilibrium Spa. The spa is a tenant-only facility and no guests are permitted under any circumstances.

•       I will report any safety hazard, equipment malfunction, or emergency to property management immediately.

•       I have read, understood, and agree to the Spa Rules: https://www.citypropertiesvt.com/spa-waiver#rules

8. Consent to Emergency Medical Treatment

In the event that I am incapacitated or otherwise unable to consent, I authorize City Properties Real Estate Group and its staff to seek emergency medical treatment on my behalf and to contact my designated emergency contact. I understand that I am solely responsible for all costs associated with such treatment.

9. Photography & Privacy

I understand that security cameras may be in use in common areas of the building and near the spa entrance for safety and security purposes. There are no cameras inside the spa room. I consent to such monitoring. No photography, video, or audio recording of other tenants is permitted within the spa.

10. Governing Law & Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement represents the entire understanding between the parties regarding the subject matter herein and supersedes all prior agreements, oral or written.

11. ACKNOWLEDGMENT & SIGNATURE

I HAVE READ THIS ENTIRE AGREEMENT. I UNDERSTAND ITS TERMS AND CONDITIONS. I AM SIGNING THIS AGREEMENT VOLUNTARILY AND OF MY OWN FREE WILL.