This Assumption of Risk, Release and Waiver of Liability (“Agreement”) is entered into by and between Dew Sweathouse (“Provider”) and the undersigned client (“Client”)
Effective on the date written below. In consideration of Provider permitting Client to sign up for/or attend Dew Sweathouse infrared blanket sessions, other exercises or activities and using the premises, facilities and equipment of Dew Sweathouse (“Dew Sweathouse Sessions and Facilities”) at Provider, Client freely and voluntarily for their own personal benefit agrees as follows:
(1) Representation of Ability to Participate. Client represents that he or she is of legal age and in satisfactory physical condition and has no medical condition that would prevent Client from attending Dew Sweathouse Sessions and Facilities. Client affirms he or she is properly hydrated and he or she has had the opportunity to inspect the facility, learn about the Dew Sweathouse Sessions and Facilities, and ask any questions he or she may have regarding the Dew Sweathouse Sessions and Facilities. Client affirms he or she has had the opportunity to consult his or her physician at their own cost about any unique needs or restrictions Client may have prior to attending Dew Sweathouse Sessions and that Client will not attend a Session if so advised by his or her own physician . In the event of an accident, and at Client’s sole expense, Client hereby authorizes medical transportation to a medical facility or hospital.
(2) Acknowledgement and Assumption of Risks. Client acknowledges he or she is aware Dew Sweathouse Sessions and Facilities involve an infrared heat body wrap and may require physical exertion that may be strenuous and may cause physical injury, including death, and Client acknowledges that he or she is fully aware of the risks and hazards involved. Client fully accepts and assumes all such risks and all responsibility for losses, costs, and damages that may result from attending Dew Sweathouse Sessions and Facilities. Client understands that there are certain risks and perils inherent in any exercise/physical activity including, without limitation, the Sessions and use of the facilities and acknowledges that these risks cannot be eliminated regardless of the care taken to avoid injuries.
(3) Rules. Client agrees that he or she will not grant any person attendance to a Session or the Facilities by using their name or information unless approved as a guest by Dew Sweathouse and only after they have executed an Assumption of Risk, Release and Waiver of Liability Form. Client agrees that he or she will follow any applicable rules of Dew Sweathouse, whether communicated verbally, posted at the Facilities or on the Dew Sweathouse website including without limitation, the Dew Sweathouse Sessions and Facilities etiquette guidelines and the Dew Sweathouse infrared blanket instructions, all of which Client has or when posted will, read thoroughly and completely.
(4) Release. Client understands and agrees that Dew Sweathouse, and its direct and indirect subsidiaries and affiliates and any of their respective directors, officers, employees, agents, contractors, subsidiaries, affiliates, successors and assigns of the foregoing (“Releasees”) are not liable for any injury, illness, or death, which may result from Client’s participation in Classes or use of the Facilities. In consideration of Client’s being permitted to participate in the Sessions and use the Facilities notwithstanding whether fitness personnel are or may be provided, Client do, hereby RELEASES, WAIVES, ANY RIGHTS THAT CLIENT, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS MAY HAVE WITH RESPECT TO, AND FOREVER DISCHARGE the Releasees OF AND FROM, any and all actions, causes of actions, complaints, demands and claims or liabilities whatsoever in existence prior to or on or after the date hereof whether in law or in equity, in respect of death, injury, loss or damage to Client’s person or property HOWSOEVER CAUSED, arising by reason of Client’s use and participation in the Sessions and Facilities to the extent permitted by applicable law. CLIENT FURTHER UNDERTAKES FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS AND ANYONE ELSE CLAIMING BY OR THROUGH CLIENT TO HOLD AND SAVE HARMLESS AND AGREE TO INDEMNIFY all the Releasees from and against any or all liability incurred by any or all of them arising as a result of or in any way connected to Client’s attendance and use of the Sessions and Facilities whether such liability was caused by the alleged negligence of Provider, another client, or any other person or cause. Client also acknowledges that Dew Sweathouse is not liable for the loss of, theft of, or damage to Client’s personal property, including items left in lockers, bathrooms, lounges or anywhere else in the Facilities. Client understands and agrees that he or she’s ability to use or attend a Session or the Facilities will end upon the earlier to occur of (i) Client’s breach of any provisions of this Agreement; and (ii) Client’s failure to pay any fees when due for Client’s participation in the Sessions or use of the Facilities.
(5) Severability. Client further expressly agrees that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the laws of Canada, and the province in which it is signed, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The term of this Agreement is indefinite.
Client affirms he or she has been fully informed and understands attendance to Dew Sweathouse Sessions and Facilities, has prepared for attendance to Dew Sweathouse Sessions and Facilities as indicated, and accepts personal responsibility for his or her attendance. Client is aware that the results achieved by attendance to Dew Sweathouse Sessions and Facilities may vary from person to person, and Client acknowledges that no promises or guarantees have been made to Client as to the results of this attendance. Client understands Provider does not diagnose conditions or illnesses. This Agreement is governed by the laws of Canada, and exclusive jurisdiction shall be in Ontario, Canada. This Agreement shall be binding on the Client’s assignees, heirs, next of kin, executors, and personal representatives. This Agreement contains the entire agreement between the parties to this Agreement and the terms are contractual and not a mere recital.
CLIENT FURTHER AFFIRMS THAT NONE OF THE CONTRAINDICATIONS LISTED ON THE REVERSE OF THIS FORM THAT PREVENT ATTENDANCE TO DEW SWEATHOUSE SESSIONS AND FACILITIES APPLY TO CLIENT. CLIENT ALSO AGREES TO INFORM PROVIDER OF ANY PHYSICAL LIMITATIONS, PHYSICAL DISCOMFORTS AND/OF INJURIES BEFORE OR DURING ATTENDANCE TO DEW SWEATHOUSE SESSIONS AND TAKE FULL RESPONSIBILITY FOR NON-DISCLOSURE. CLIENT REPRESENTS THAT HE OR SHE HAS CAREFULLY READ AND UNDERSTOOD THE CONTENTS OF THIS AGREEMENT AND CLIENT UNDERSTANDS THAT CLEINT IS GIVING UP SUBSTANTIAL RIGHTS INCLUDING ANY RIGHT TO SUE DEW SWEATHOUSE UNDER CERTAIN CIRCUMSTANCES. CLIENT IS EXECUTING THIS FORM VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. CLIENT HAS ALSO BEEN GIVEN THE OPPORTUNITY AND HAS BEEN ENCOURAGED TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING THIS AGREEMENT. CLIENT ALSO ACKNOWLEDGES AND AGREES THAT A PHOTOCOPY OR DIGITAL COPY OF THIS AGREEMENT WILL HAVE THE SAME FORCE AND EFFECT AS THE ORIGINAL.
Consult your doctor before receiving attending a Dew Sweathouse Session if you have received care for any of the above listed conditions in the Contra-Indications area. You should not attend a Dew Sweathouse Session if you suffer from any of the conditions described above or any other condition where the use of an infrared heat session is contraindicated or if you are under the legal age in your jurisdiction.
IF YOU HAVE A HISTORY OF ANY OTHER MEDICAL CONDITION, OR YOU ARE TAKING PRESCRIPTION OR OVER THE COUNTER DRUGS, YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE USING AN INFRARED BODY WRAP.
Before, during, and after a Dew Sweathouse Session, it is imperative to stay hydrated by drinking plenty of fluids. If any of the Contra-Indications apply to you, or you have a history of any other medical condition, or you are taking prescription or over the counter drugs, the section below must be signed by your physician prior to receiving a Dew Sweathouse Session.
By clicking/tapping/touching/selecting or otherwise interacting with the "Submit" button below, you are consenting to signing this Document electronically. You agree your electronic signature ("E-Signature") is the legal equivalent of your manual signature on this Document. You consent to be legally bound by this Document's agreement(s), acknowledgement(s), policy(ies), disclosure(s), consent term(s) and condition(s). You consent to be legally bound by Waiver Master's policies, terms and conditions. You agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature. You may request a paper version of an electronic record by writing to us. We reserve the right to charge a reasonable fee for the production and mailing of a paper version of the record. Your current valid email is required for all communications.