Liability RELEASE, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT
BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS. YOU MUST READ IT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING AND VOLUNTARY AGREEMENT TO ALL ITS TERMS AND CONDITIONS.
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The individual named above (referred to as “I” or “me” or “myself”) desires to engage Tucson Cold Plunge LLC, an Arizona limited liability company (the “TCP”) to participate, access, and use TCP’s equipment and facilities relating to hot and cold hydrotherapy, ice baths, saunas, hot tubs, breath coaching, and other therapeutic activities (collectively, the “Services”). Before participating, I understand that I must read, accept, and agree to be bound by this entire agreement (this “Release”). I understand that TCP and its employees, agents, contractors, subcontractors, principals, members, representatives, successors, and assigns (collectively, the “TCP Parties”) are relying on agreement to all the terms, conditions, and statements below before providing me the Services. With my signature, this Release is legally bind on me and my personal representative, agent, heirs, next of kin and assigns. If I choose not to sign, I am not authorized to participate in the Services.
In consideration of my participation in the Services and in recognition of the TCP Parties’ reliance hereon, I (on behalf of myself, my personal representative, agent, heirs, next of kin and assigns) hereby understand, acknowledge, and agree to all the terms and conditions in this Release:
I AM AWARE AND UNDERSTAND THAT TCP’S SERVICES INVOLVE POTENTIALLY DANGEROUS ACTIVITIES AND INCLUDE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ALSO UNDERSTAND THAT ANY INJURIES I SUSTAIN MAY RESULT FROM (OR BE COMPOUNDED BY) THE TCP PARTIES’ ACTIONS, OMISSIONS, AND/OR NEGLIGENCE, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. DESPITE THE RISKS, I ACKNOWLEDGE I AM VOLUNTARILY PARTICIPATING IN THE SERVICES WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE OR LOSS ARISING IN CONNECTION WITH MY PARTICIPATION IN THE SERVICES, WHETHER CAUSED BY THE TCP PARTIES’ ORDINARY NEGLIGENCE OR OTHERWISE.
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The Services include non-exclusive access to, and use of, certain equipment with other TCP clients. I understand that even when used properly, the equipment creates inherent risks that cannot be eliminated, regardless of the care taken. Such risks may include adverse and severe responses to extreme heat and cold, heat exhaustion, dehydration, cardiac stress, heart attack, stroke, blood pressure changes, tachycardia, fainting, vomiting, nausea, infection, burns, and drowning. I understand that such inherent risks exist and are subject to unforeseeable factors including, but not limited to, my level of personal health, lifestyle, cardiovascular fitness, drug use, and genetics/predispositions. I also understand that the presence and actions of other TCP clients participating in the Services with me may increase the risks to me. DESPITE THIS ALL, I AM VOLUNTARILY ASSUMING ALL THE INHERENT RISKS AND DANGERS CONNECTED THE EQUIPMENT RELATING TO THE SERVICES.
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I hereby waive and release any and all claims, now known or hereafter known, against any of the TCP Parties on account of my injury, disability, death, or property damage or loss arising from (or attributable to) my participation in the Services (and use of TCP’s equipment). I understand and agree that this waiver and release applies even to claims that arise from (or are attributable to) the TCP Parties’ ordinary negligence, or otherwise. I promise and agree not to sue or bring any such claims against any of the TCP Parties and forever release and discharge all the TCP Parties from liability under such claims.
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I understand and agree that even if I make (or an party makes on my behalf) any claim(s) relating to any injury or harm I sustain while participating in the Services, the cumulative liability of TCP Parties in connection with such claim(s) shall be limited to the total amount I have paid for the Services. I understand and agree this paragraph: (i) is a separate agreement, independent from the other paragraphs; (ii) applies to all claims, even if my claim arises from the TCP Parties’ negligence or willful acts, errors, and/or omissions; (iii) limits the amount I can recover in any judgement, awards, or penalties from my claims; and (iv) is enforceable even if the other terms herein are not enforceable or valid.
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It is my sole responsibility to consult with my medical provider and legal counsel about the Services and this Release beforehand. I acknowledge and agree the TCP Parties have not made any assertions or promises regarding whether it is safe for me to participate. I acknowledge I have no physical conditions, infirmity, history, or defects that will increase my risk of injury from the Services. If at any time, the preceding sentence is no longer true, I agree to immediately stop and discontinue my participation unless and until my physician approves. I consent to receive any medical treatment deemed necessary if I am injured or require medical attention while on TCP’s premises. I agree I am solely responsible for all costs related to such medical treatment and any related medical transportation.
I agree to and shall defend, indemnify, and hold the TCP Parties harmless from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind and nature (including attorneys’ fees in legal defense, the costs of enforcing any indemnity rights under this Release, any award in a final judgment, and the costs of pursuing any insurance providers) that arise from or in connection with any third party claim(s) related to my participation in the Services, including any claim(s) related to my negligence.
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I agree that TCP may take photos or videos of the business and its clients participating the Services, including photos and/or videos of me. I hereby grant TCP an irrevocable, perpetual, and fully paid license to use and post any such photos/videos of me for any legal purpose.
I agree that this Release shall be governed by Arizona law. Any action brought under this Release or any claim relating to or arising in connection with the Services may only be brought in Pima County, Arizona. I agree that even if any portion of this Release is found invalid, the remainder shall continue in full legal force and effect. I agree to pay all TCP’s costs and fees (including its reasonable legal fees) in any action brought contrary to this Release that is resolved in favor of the TCP Parties.
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Each of my statements in this Release are true and accurate and may be fully relied upon by the TCP Parties. I agree to abide by and follow instructions given or rules established by any of the TCP Parties while I am participating in the Services and/or on TCP’s premises.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL THE TERMS IN THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ANY/ALL OF THE TCP PARTIES AND TO RECOVERY DAMAGES EVEN IF ANY LAWSUIT IS PERMITTED.
