ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
AGREEMENT TO TERMS UPON PAYMENT: By paying for the sauna rental service, the user confirms their agreement to the terms and conditions outlined in this document. Payment serves as a legally binding acknowledgment that the user:
Has read and understood this agreement, including the risks, responsibilities, and limitations specified herein.
Voluntarily accepts all obligations outlined in this agreement.
Agrees to adhere to the rules and instructions, including the safety requirements described in this agreement.
I have been provided the opportunity to participate in the The Sauna (the “Sauna”) and hereby voluntarily agree as follows:
ACKNOWLEDGEMENT OF RISKS: My participation in the Sauna involves known and unknown risks, dangers, and hazards that may cause death, personal injury, damage to personal property and loss of personal property. The risks and consequences I am acknowledging include, but are not limited to:
● Slippery surfaces caused by water, ice, snow, or other substances;
● Exposure to cold temperatures;
● Exposure to hot temperatures;
● Exposure to hot equipment;
● Increased internal body temperature;
● Collisions or contact with other persons and objects inside or outside of the Sauna;
● Exposure to airborne illnesses or transmittable diseases;
● Defects or weaknesses in the design, construction, repair, or modification of the Sauna;
● Visible and invisible natural or man-made hazards in or around the Sauna;
● Other foreseeable and unforeseeable risks that contribute to the unpredictability of my participation in the Sauna.
By signing this agreement, I explicitly acknowledge these risks and voluntarily accept them as part of my participation in the Sauna. I understand that this acknowledgment is a fundamental element of this agreement and a condition of my participation.
REPRESENTATION OF FITNESS: I am physically and mentally fit to participate in the Sauna. I do not have any medical condition, such as anhidrosis, that interferes with my ability to sweat. I am not pregnant and am not subjecting a fetus to excessive body temperatures that may cause fetal damage during pregnancy. I am not taking or under the influence of any drugs, alcohol, medication, or other substance affecting my mental or physical state. In the event that I have any doubts, concerns, or questions about my physical fitness, medical conditions, or the potential impact of the Sauna on my health, I agree to consult with a qualified medical professional before participating. I acknowledge that seeking medical advice is a responsible and prudent step to take, and I will not participate in the Sauna if I am advised against it by a medical professional.
ASSUMPTION OF RESPONSIBILITY: I am responsible for my own safety and personal property. I cannot and will not rely on anyone other than myself to keep me or my personal property safe before, during, or after participating in the Sauna. My participation in the Sauna is voluntary and I can refuse to participate or quit participating in the Sauna at any time for any reason. I agree that I am under no obligation to participate in the Sauna, and my decision to do so is entirely voluntary. I retain the right to refuse to participate or to discontinue participation in the Sauna at any time and for any reason. I understand that this choice is mine alone, and I will not hold High Vibrations Inc or any affiliated parties responsible for any decisions related to my participation.
ASSUMPTION OF RISK: I assume all risk and responsibility for death, personal injury, damage to personal property and loss of personal property that I sustain in connection with my participation in the Sauna, except to the extent such damages, injuries, or death results from conduct that constitutes greater than ordinary negligence. For the purpose of this agreement, “greater than ordinary negligence” shall mean conduct that goes beyond the level of care that a reasonably prudent person would exercise under similar circumstances. It includes willful, reckless, or intentional misconduct by High Vibrations Inc or its agents, employees, or representatives.
WAIVER AND RELEASE FROM LIABILITY; COVENANT NOT TO SUE: I, for myself and for my personal representatives, executors, administrators, heirs or next of kin, forever waive, release, discharge, agree to hold harmless, and covenant not to sue High Vibrations Inc, and their owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities from any and all liability for any death, personal injury, damage to personal property, loss of personal property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature that I sustain in connection with my participation in the Sauna, except to the extent such damages, injuries, or death result from conduct that constitutes greater than ordinary negligence.
INDEMNIFICATION: I indemnify and agree to hold harmless the High Vibrations Inc and their owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities from any and all liability for any death, personal injury, damage to personal property, loss of personal property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature arising from, or in connection with, my participation in the Sauna.
AUTHORIZATION: Without creating any obligation, I authorize any medical treatment deemed necessary in the event of any injury or illness I sustain while participating in the Sauna. I either have appropriate insurance, or in the absence of insurance coverage, I agree to pay all costs of medical treatment provided to me.
RIGHT OF PUBLICITY: I authorize and consent to the use of my name, image, or likeness for commercial purposes in connection with the promotion and marketing of High Vibrations Inc.
BINDS HEIRS. It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased.
CHOICE OF LAW: This agreement is governed by the laws of the State of Texas. Any claim arising from this agreement or my participation in the Sauna must be brought in the state courts of Texas.
SEVERABILITY: Nothing in this agreement purports or intends to waive liability for damage, injuries, or death resulting from conduct that constitutes greater than ordinary negligence. If any provision of this agreement is held invalid, such provision will be severed from this agreement, but the remaining provisions of this agreement will remain in full force and effect.
SAUNA STOVE: The KUUMA stove will be extremely hot due to it being a wood burning stove. At no point should anyone be touching the outside of the stove. When replenishing the wood within the stove, or adjusting the damper, provided gloves will be worn. Do not put anything, other than water, on the sauna stove and/or rocks. Urine, spit, or any other items could stain or even ruin the stove all together.
I AM 18 YEARS OLD: The core body temperature of children rises much faster than adults. This occurs due to a higher metabolic rate per body mass, limited circulatory adaptation to increased cardiac demands and the inability to regulate body temperature by sweating. If user is under 18 they must be accompanied by an adult and High Vibrations Inc reserves the right to require Pediatrician written approval before sauna use.
RENTAL PERIOD: Renter is renting the sauna for the days described on the checkout screen. The sauna will be used at the address written on the checkout screen by the Renter (“Property”). The sauna is not to be moved from the location where High Vibrations Inc places it on the Property or from this address without written consent from High Vibrations Inc. High Vibrations Inc will drop the sauna off at the Property by around 9 am on the first day of rental and it will pick up the sauna after 10 pm on the last rental day.
DAMAGE TO SAUNA: Renter is responsible for any damage to the sauna during the rental period. Smoking is not allowed in the sauna.
SAUNA: The sauna is a mobile, wood-fired, 7x16’ trailer. -A towel must be used on the sauna seat when in use. -Shoes must be taken off inside of sauna; sandals are ok to use.
HAVE CAREFULLY READ High Vibration Inc, WAIVER’ (2 pages) AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OTHERS FOR CERTAIN CLAIMS.