Release of Liability & Assumption of Risk

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PLEASE READ THIS RELEASE AND WAIVER CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS. INCLUDING THE RIGHT TO SUE SEABREEZE SAUNA AND COLD PLUNGE, LLC DBA SEABREEZE SAUNA,LLC  AND COLD PLUNGE AND ARTMAN HOLDINGS, LLC.

 

For the purposes of this Release, Seabreeze Sauna and Cold Plunge, LLC and Artman Holdings, LLC and their respective owners, employees, members, officers, directors, managers, governors, shareholders, agents, insurers, affiliates, and contractors are collectively referred to as “Company”.

 

In consideration for and in connection with being permitted to participate in any and all activities relating to and provided by Company, I hereby agree to all of the terms and conditions set forth in this agreement and execute this Release and Waiver on behalf of myself and any children, relatives or dependents identified below (collectively, “Participants”).

 

1. ACKNOWLEDGEMENT OF RISK. I and participants understand and expressly agree that I and Participants’ choice to participate in the Activities is knowing, voluntary, and made for personal enjoyment.  I am aware and understand that the activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I acknowledge that any injuries that I sustain may result from or be compounded by negligent emergency response or rescue operations of the company. Notwithstanding the risk, I acknowledge that I am knowingly and voluntarily participating in the activities with an express understanding of the danger involved and hereby agree to accept and assume any and all risks of injury, disability, death, and/or property damage or loss arising from my participation in the activity, whether caused by the ordinary negligence of the company or otherwise, including but not limited to (i) accidents, slipping, drowning, burns, dehydration, overheating, fainting, hypothermia, illness, and injury from abrupt temperature changes. These risks may result not only from the actions, inactions, or negligence of me and Participants, but also from the actions, inactions, or negligence of others, or the conditions of the facilities and equipment. Further, there may be other risks not known to me or Participants reasonably foreseeable at this time.

 

IF YOU HAVE A PRE-EXISTING MEDICAL CONDITION OR ARE PREGNANT, PLEASE CONSULT A PHYSICIAN BEFORE PARTICIPATING IN THE ACTIVITY.

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2. ASSUMPTION OF RISK. I and Participants have considered the risks involved in the Activities and I and Participants voluntarily and freely choose to assume these risks. Without limiting the foregoing, I and Participants voluntarily agree to expressly assume full responsibility for the risks of personal injury, accidents, illness, or death that might be associated with participation in the Activities.

 

3. RELEASE FROM LIABILITY. I and Participants expressly agree that in exchange for being permitted to participate in the Activities, I and Participants fully and forever release discharge Company from any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses, and any other liability of any kind, of or to me or any Participant, my property or any Participant’s property, or any other person, directly or indirectly arising out of or in connection with the Activities, even if due to the negligence, injudicious act, omission, or other fault of Company.

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4. INDEMNITY. I and Participants will defend, indemnify, hold harmless, and reimburse Company from and for all damages, losses, costs, or expenses (including legal fees) incurred by Company or paid by them to any person (including the insurers of me or any Participant) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with participation in the Activities by me or any Participant. I will reimburse Company if anyone makes a claim against Company in connection with participation in the Activities by me or by any Participant, including, without limitation, any accident I or any Participant may be involved in or any injury loss, damage to me, any Participant, or other parties or property, however caused.

 

5. COVENANT NOT TO SUE. I and Participants will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Company, 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, any Participant, other parties, or my or any Participant’s (or others’) property in connection with participation in the Activities by me or any Participant, and I waive any right I may have to do so. This means that I and Participants cannot sue to hold Company responsible for any injury, loss, or damage sustained by me, any Participant, other parties, or my or any Participant’s (or others’) property in connection with the Activities, even if it is due to the negligence, injudicious act, omission, or other fault of Company. I and Participants waive our insurers’ right to make a claim against Company based on payments by insurers to me or any Participant or on my or any Participant’s behalf for any reason. This means my insurers have no rights of subrogation against the Company.

 

6. MEDICAL EXPENSES. I and Participants hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my or any Participant’s participation in the Activities and understand that I and Participants are solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.

 

7. COVENANTS. I and Participants will follow any and all instructions, recommendations, and cautions of the Company at all times during the Activities. I and Participants will not participate in any activities while under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug which would impair my or any Participant’s ability to participate in any sauna and cold plunge activities.

 

By executing this Release, I declare under penalty of perjury that I am doing so only for myself and/or Participants for whom I am authorized. If I execute this Release on behalf of another person, I understand and agree that I am acting as the agent for that person and my signature confirms that I have permission to sign on the other person’s behalf, and this Release shall be binding upon that person if the other person brings a claim or lawsuit against Company. I agree to defend, indemnify, and hold harmless Company as fully set forth above. If I sign without the express permission of any other person, I understand and agree that I am committing fraud against Company.

 

This Release shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. I agree that any action arising from or related to this Release will be subject to and interpreted under the laws of the State of Washington. The terms of this Release shall continue from this date forever. If any portion of this Release is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. If there is any conflict between the terms of this Release and the terms of the Company Rental Agreement, Terms and Conditions, or other document, the terms of this Release shall prevail.

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Cancellation Policy

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Because this  time is reserved exclusively for you, all appointments cancelled within 48 hours will be charged full fee. 

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Code of Conduct

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1. Wear a swimsuit: This is not a nude facility.

2. Appropriate attire: Swimsuit or equivalent are acceptable (i.e., rash guards, etc). No regular clothes allowed in sauna and cold plunge (i.e., no sweatpants or sweatshirts allowed, etc)

3. Shower Before Entering: Always take a shower before using the cold plunge to remove any oils, lotions, or sweat from your skin. This helps maintain cleanliness and prevents contamination of the facilities.

4. Time Block: Your time block includes arrival and departure time. Please do not arrive more than 5 minutes before your time starts and be sure to allow yourself time to change and exit before the end of your session. 

5. Respect Others' Privacy: Use a towel or clothing to cover yourself while in the sauna or cold plunge to be respectful of the privacy and comfort of other users. Avoid any inappropriate behavior or loud conversation.

6. Limit Session Time: Sauna sessions typically range from 10 to 20 minutes, while cold plunge sessions are usually shorter, around 1 to 3 minutes. Respect these time limits to prevent overheating or overexposure to cold temperatures.

7. Stay Hydrated: Drink plenty of water before, during, and after using the sauna and cold plunge to stay hydrated. Avoid alcohol or caffeine before using these facilities, as they can dehydrate you.

8. No Alcohol or drugs allowed (no weed in any form). 

9. No Glass containers allowed on the property

10. Use a Towel or Seat Cover: Always sit or lie on a towel as a seat cover to prevent direct contact with the sauna or cold plunge benches. This helps maintain cleanliness and prevents the spread of bacteria or germs.

11. Refrain from Using Fragrances: Avoid using perfumes, colognes, or scented lotions in the sauna or cold plunge. Other users may be sensitive and they may cause allergic reactions.

12. Respect Temperature Preferences: Saunas and cold plunges typically have adjustable temperature settings. Be mindful of others' and avoid making drastic changes to the temperature without consulting other users.

13. Take Breaks: If you start feeling lightheaded, dizzy, or uncomfortable, exit the sauna or cold plunge immediately and take a break. Listen to your body and prioritize your safety.

14. Electronic devices are not allowed during your visit. Please keep your devices locked in your car or in your personal belongings.

15. Pictures: Be respectful of people's privacy. Please only take pictures upon departure. We want you to share your experiences, we just want everyone to feel comfortable.

16. No sex: Sexual conduct of any type is prohibited in the sauna and cold plunge areas at all times. No exceptions. 

17. No body shaming: Making comments about people’s body size is strictly prohibited. Positive comments (“You look good”) or negative comments ( “You’re heavy for your size”)  will not be tolerated. This is a shame-free environment and we support health at every size philosophy.  Additionally, all genders and identities are welcome. Shaming of gender identities will not be tolerated. 

18. No food allowed in sauna or cold plunge areas

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By following these guidelines, you can ensure a pleasant and enjoyable experience for yourself and others when using the sauna and cold plunge facilities.

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BY SIGNING, I AND PARTICIPANTS ACKNOWLEDGE THAT I AND PARTICIPANTS HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AND PARTICIPANTS ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY.  

                                 

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.