Waiver

WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in the purchase of and/or use of Ice Barrel products for any purpose (personal or commercial) shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Ice Barrel Inc. d/b/a Ice Barrel and any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means taking part in use of the Ice Barrel product (“Product”).

2. Risks of Activity. The Product is not intended for use in medical applications and should not be used in any such application. The Product is not recommended for pregnant or breastfeeding women and children. Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. It is not recommended to exceed 10 minutes in an Ice Barrel ice bath. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include but are not limited to: extreme physical demands associated with exposure to cold water immersion, entering and exiting the cold water container, and Participant’s poor health or physical condition, and mental distress from exposure to any one of the above. THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.

3. Risks of purchase of, use of, transportation of, and storage of the product. Undersigned acknowledges there are risks inherent with improperly using, transporting, and storing the Product that could result in physical injury and/or property damage. The Product is a barrel that is designed to be filled with water. Improper use of the product could result in water damage to property. Improper transportation of the product could result in water damage or other damage to property being utilized to transport the Product. Improper storage or placement of the Product in any residence, building, storage facility, gym, porch/deck, outdoor area, or otherwise could further result in property damage. Undersigned is responsible for proper maintenance of the Product and Ice Barrel is not responsible for any injuries or damage resulting from improper use or maintenance of the Product.

4. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, ownership, and use of the Product, the Undersigned agree as follows:

Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to, claims of negligence, negligence per se, negligent misrepresentation, premises liability, tort claims, breach of warranty, statutory violations and breach of contract. IN NO EVENT WILL RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY USE RELATED TO THE COMMERCIAL USE OF THE PRODUCT.

Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, costs, property loss, medical bills, loss of income, expenses, attorney’s fees, liens, subrogation rights, and all other damages of any kind or nature whatsoever, and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of or related to Participant’s participation in the Activity and ownership of the Product. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.

Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and use of the Product and that INJURIES AND/OR DEATH may result from participating in the Activity and use of the Product, including, but not limited to, the acts, omissions, representations, carelessness, and negligence of the Released Parties. The Undersigned acknowledges that participation in the Activity is voluntary. The Undersigned also acknowledge that Participant is physically and mentally capable of participating in the Activity. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY AND USE OF THE PRODUCT, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. Undersigned further acknowledges the risks inherent with ownership, transportation, and storage of the Product

5. Minor Acknowledgment.In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity and product use. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction for any claim shall be the District Court of Douglas County, Colorado or the federal court of the State of Colorado; (c) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR CONTRACTS, ARRANGEMENTS, COMMUNICATIONS, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF INCLUDING BUT NOT LIMITED TO ANY PRIOR REPRESENTATIONS ABOUT THE ACTIVITY ITSELF OR THE SAFETY THEREOF; (d) the Undersigned is voluntarily and fairly entering into this Agreement. The Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigneds that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

In addition, by signing this Assumption of Risk, Release of Liability & Indemnification Agreement and for good and valuable consideration, I do hereby grant to Ice Barrel Inc. (“Company”) and their affiliates and assigns the right and permission to use in perpetuity, my name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the COMPANY’s products and services, without review, permission or compensation of any amount or kind whatsoever. COMPANY shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring my Appearance (“Product”), including copyright interests, and I acknowledge I have no interest or ownership in the Product (or any portion thereof) or its copyright. This grant includes without limitation the right for COMPANY to edit, abridge, augment, title, or create a compilation from my Appearance in whole or part as COMPANY may elect in its sole discretion.

By signing below, in addition to the above representations, I agree to receive marketing messages from Ice Barrel, Inc. and agree to the brand’s terms and conditions.

SISU Sauna and Cold Plunge Usage Waiver

THIS FORM MUST BE COMPLETED AND SIGNED BEFORE USING OUR SAUNA AND COLD PLUNGE FACILITIES.

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

General and Medical Information

My use of the sauna and/or cold plunge and other related equipment and amenities (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: (1) Slippery surfaces caused by water, ice, snow, or other substances; (2) Exposure to cold temperatures; (3) Exposure to hot temperatures; (4) Exposure to hot equipment; (5) Increased internal body temperature; (6) Collisions or contact with other persons and objects inside or outside of the Sauna; (7) Exposure to airborne illnesses or transmittable diseases; (8) Defects or weaknesses in the design, construction, repair, or modification of the Sauna; (9) Visible and invisible natural or man-made hazards in or around the Sauna; (10) Other foreseeable and unforeseeable risks that contribute to the unpredictability of my use of the Sauna.

You must check with a doctor before using the Sauna if you are pregnant, are diabetic, on any prescription medications, have any cardiovascular conditions, smoke tobacco products, or have any other health issues or concerns (this includes history of dizziness or fainting) or are under medical care. In addition, you must check with a doctor before using the Sauna if you have any metal pins, rods, artificial joints or any surgical implants including silicon. By signing this waiver you understand the risks and have consulted with a medical professional prior to your use of the Sauna. You understand and take full responsibility for your own health and well-being.

Any guest who has any health, mobility or any other condition that requires the assistance of another person, regardless of age, must be accompanied by another adult guest at all times.

Children under the age of 18 are not allowed in the Sauna without being accompanied by a parent, guardian, or responsible adult at all times.​

Reduce the Risk of Overheating

​Prolonged exposure to high temperatures, such as in the Sauna, may cause your body to overheat. Limit yourself to a maximum of 30 minutes in any one sauna session and allow your body to cool down to normal body temperature in between sauna rounds. Overexposure to high temperatures can be dangerous to your health.​

Exit the Sauna immediately if you feel nauseous, uncomfortable, dizzy, or sleepy.​

Do not use the Sauna if you have recently consumed alcohol, drugs, or medications.

Be aware that direct body contact with the sauna stove, sauna rocks, steam, stove pipe, heat shields and other metal objects in the Sauna may cause serious injury.

Reduce the Risk of Slipping and Falling

​Use care when entering and exiting the Sauna.

Use proper footwear as grounds may be slippery both inside and outside of the Sauna.

Reduce the Risk of Illness

​It is advised to drink plenty of water before and after your sauna session, it is advised not to eat at least one to two hours prior to your sauna session to avoid any ill feelings.

RELEASE AND WAIVER OF LIABILITY AGREEMENT

SISU Lifestyle, LLC, an Ohio limited liability company (“Company”) is the owner and operator of the sauna units and other related equipment and amenities (individually and collectively, the “Sauna”) that are designed and intended for personal and individual use only (“You”, “I” or “User”). By signing this Release and Waiver of Liability Agreement (this “Release”), you hereby stipulate and agree that:

​I understand and acknowledge that renting and/or using the Sauna and related equipment or participating in adjacent activities (e.g., ice baths, fire pits, etc.) (the “Activity(ies)”) may be dangerous and may involve risk and I assume the risk and full responsibility for any injuries, temporary or permanent disability(ies), death, contraction of any illness or medical condition, loss or theft of any personal property, and any other risks or damages that might occur to me, any other guests and/or family members arising out of or in any way related to my use of the Sauna or my participation in Activities, my use of equipment that may malfunction or break, patronizing or using Company services, facilities and/or amenities, my presence inside and outside of the Sauna, and any other damages that may arise from improper maintenance of any equipment or facilities, and negligence on the part of Company, its officers, directors, employer contractors, agents and other members, including premises liability claims and/or equipment liability claims such as (by example and not by limitation) slip and falls and/or trip and falls inside or outside of the Sauna (“Losses”). I understand that Activities will not be supervised by the Company in any way and that the Company does not provide medical services or advice. I further acknowledge that any injury that I may sustain while participating in Activities may be compounded by negligent or delayed medical service or negligent or delayed assistance by the Company. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE SAUNA AND PARTICIPATION IN ACTIVITIES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY. BY USING THE SAUNA OR PARTICIPATING IN ACTIVITIES, I ASSUME FULL RESPONSIBILITY OF MY MEDICAL / HEALTH CONDITION, TO INCLUDE BUT NOT LIMITED TO, ANY MEDICATIONS I MAY BE TAKING WHICH COULD RESULT IN A MEDICAL EMERGENCY OR UNSAFE CONDITION.

By signing this Release you agree that you understand the risks and have consulted with a medical professional.

 

Release of Liability. To the maximum extent allowed by law, I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Company and its affiliates, and their respective owners, officers, partners, agents, operators, managers, employees, and representatives (each a “Released Party” and collectively the "Released Parties") from any and all claims I may have or hereinafter have for any Losses, now known or hereinafter known in any jurisdiction in the world, attributable to or relating in any manner to my use of the Sauna and my participation in Activities, whether caused by the negligence of the Company or any of the Released Parties or by any other reason (“Released Claims”). I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF CLAIMS AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I AM HEREBY WAIVING ANY RIGHT I MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST COMPANY OR ANY RELEASED PARTY FOR ITS NEGLIGENCE OR FOR ANY LOSSES​.

Covenant Not to Sue. I agree, for myself and all my heirs and any personal representatives, not to sue the Company or any other Released Party or initiate or assist in the prosecution of any claim for damages or any cause of action against the Company or any other Released Party that I or my heirs or personal representatives may have as a result of any Losses, including without limitation, personal injury, death or property damage that I may sustain while in or using the Sauna or while participating in Activities.

Indemnification. I hereby agree to defend, indemnify and hold harmless Company and each of the other Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys' fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Sauna or my participation in any Activities and from any of the Losses and Released Claims.

Application. I agree that this Release shall apply to each use of the Sauna and to each and every instance of my participation in any Activity, including future visits and participation, regardless of the date that this Release is signed below.

Agreement To Comply with Rules. I agree to, and will comply with, the policies of Company with respect to the rental, use and operation of the Sauna, and with the terms and conditions of the Rental Agreement / Terms and Conditions, as the same may be updated, revised, supplemented and/or amended by Company from time to time. I acknowledge that Company’s policies are subject to change at the sole discretion of Company.

No Representations by Company. I acknowledge and agree that Company makes no representation or warranties of any kind as to the condition of the Sauna or related equipment or amenities. I accept and shall use the Sauna and related equipment and amenities in their respective “AS IS” condition. I acknowledge and agree that I am not relying upon any representation, warranty or statement by Company or any of Company’s owners, officers, employees, agents, sponsors, or representatives regarding this Release, the Sauna or related equipment or amenities, or any Activity.

Media Release. I hereby grant Company and its successors, assigns, licensees and representatives the irrevocable right in perpetuity to record, use, reproduce, distribute, publish and publicly display my image, likeness, persona and voice as the same may appear in any picture, portrait, photograph, video recording, audio recording or other audio-visual work made or created by Company or its agents ("Works") and to incorporate the same, in whole or in part, into publications and other media of any type (whether now known or hereafter existing) and in all manners, including composite, and for any purpose. I waive any right to inspect or approve the finished product in which any of the Works are incorporated, including written copy. I agree that Company shall be the exclusive owner of all copyright and other rights in and to such Works, and I hereby release Company and any and all of its representatives from any and all monetary obligations or payments to me or any of my authorized representatives in regard to use of the Works. I further agree not to make any claim against Company as a result of the use of the Works containing my image, likeness, persona and/or voice.

Governing Law and Venue. This Release will be governed by and interpreted in accordance with the laws of the State of Ohio, without giving effect to the principles of conflicts of law. I agree that any action related to or otherwise arising out of this Release must be brought exclusively in any state or federal court located in Cuyahoga County, Ohio.

Miscellaneous. Any provision of this Release providing for performance by either party after termination of this Release shall survive such termination and shall continue to be effective and enforceable. If any provision or portion of this Release is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreements or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Release shall be valid unless in writing and signed by authorized representatives of the parties. This Release shall be binding upon and inure to the benefit of the successors, assigns, heirs and legal representatives of the parties.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE, INCLUDING THE RIGHT TO SUE THE COMPANY AND ANY OTHER RELEASED PARTIES. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS RELEASE I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS RELEASE. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS RELEASE VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.