RHYTHM RIDE STUDIO, INC. DBA VESSEL LAGUNA BEACH
WAIVER AND RELEASE AGREEMENT
IMPORTANT: This is a legal document. Please carefully read and understand this document before signing it. This is a release of liability and waiver of certain legal rights. Please consult an attorney if you have any questions.
This is a binding agreement between Rhythm Ride Studio, Inc. dba Vessel Laguna Beach, its owners, officers, employees, agents, contractors, volunteers and affiliates (collectively referred to hereinafter as “the Company”), and you, your family, your heirs and assigns (collectively referred to hereinafter as “You”).
“Premises” means the area within 821 Laguna Canyon Road where indoor cycling, infrared sauna, and cold plunge takes place, in addition to the parking lots and all other common areas at The Hive property located at 821 Laguna Canyon Road 2A, Laguna Beach, CA 92651.
In consideration for Your being permitted to participate in the activities of indoor cycling, infrared sauna, cold plunge and all related activities thereto, You agree to the following Waiver and Release:
ASSUMPTION OF RISK
You acknowledge that indoor cycling, infrared sauna, cold plunge and all activities associated thereto have inherent risks, hazards, and dangers for any person that cannot be eliminated, particularly in a safe environment. You are assuming all risks that You encounter while at the Premises whether You are using the equipment or not, including but not limited to risks resulting from or in any way associated with the activities of the Company, and risks that are caused by or alleged to be caused by the negligence of the Company, and risks that are known or unknown by You. This includes, but is not limited to, all known and unknown risks of indoor cycling, infrared sauna, and cold plunge and you understand that these risks, hazards, and dangers include without limitation:
1. That You will fall off Your bike.
2. That the handle bars or seat will unexpectedly slide down.
3. That the pedal will break, or come back around and hit You.
4. That You will trip over a bike or other objects or people.
5. That You will be injured clipping Yourself in or out of the pedals.
6. That You will suffer a heart attack or stroke, or pass out due to exertion.
7. That You will fly over the handlebars.
8. That the bike will fall over.
9. That You will suffer heat exhaustion.
10. That You will suffer hearing loss or ear damage due to loud music.
You understand the risks, hazards, and dangers of indoor cycling, infrared sauna, cold plunge and all its associated activities and have had the opportunity to discuss them with the Company. You understand that these activities may require good physical conditioning and an above average degree of skill and knowledge. You believe You have the good physical conditioning and the above average degree of skill and knowledge necessary to engage in these activities safely. You understand that You have responsibilities and Your participation in this activity is purely voluntary. No one is forcing You to participate and You elect to participate despite the risks. YOU ARE VOLUNTARILY USING THE SERVICES OF THE COMPANY WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS OR DEATH.
RELEASE OF LIABILITY
You, for Yourself, Your heirs, successors, executors and subrogees, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND FOREVER HOLD HARMLESS THE COMPANY from and against any and all claims, actions, causes of action, liabilities, suits, expenses, including reasonable attorneys' fees, which are related to, arise out of, or are in any way connected with Your participation in this activity, including, but not limited to, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to You or Your property as a result of Your engaging in these activities or the use of these services or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of the Company or from some other cause. You, for Yourself, Your heirs, successors, executors, and subrogees, further agree not to sue the Company as a result of any injury, paralysis, or death suffered in connection with Your use and participation in the activities of indoor cycling, infrared sauna, cold plunge or any activities related therewith.
RELEASE OF FUTURE CLAIMS
You understand and agree that there is a risk that any damage or injury from a potential claim might not now be immediately known, and there is a further risk that such damages and injuries, whether known or unknown as of the date hereof, might possibly become progressively worse and that as a result thereof further damages may be sustained by You or Your family. Nevertheless, You desire to forever and fully release and discharge the Company from any claims, and You understand that by the execution of this form You will be precluded from ever asserting such further claims. You hereby warrant that You are not aware of any such circumstances now. In connection therewith, You hereby expressly waive and relinquish all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and do so understanding and acknowledging the significance of such waiver of Section 1542. Section 1542 of the Civil Code of the State of California states as follows:“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
PHOTOS AND VIDEOS
You hereby authorize the Company to use Your image in any photograph or video recording for any purposes of the Company.
CLIENT RELEASE WAIVER FOR INFRARED SAUNA AND COLD PLUNGE
I agree to take full responsibility for myself as I use the Sauna, cold plunge and or shower, and all other rooms/amenities at Rhythm Ride Studio, Inc. dba Vessel Laguna Beach facility. I accept that I am participating in hydrotherapy including the sauna and cold plunge and I assume all risk unto myself. I declare myself physically and mentally capable to participate in hot and cold therapy. I will not misrepresent myself to any agents/staff at Rhythm Ride Studio, Inc. dba Vessel Laguna Beach about my ability to operate all equipment while at Rhythm Ride Studio, Inc. dba Vessel Laguna Beach.
I understand that I will receive a sauna and cold plunge tour with verbal instructions during my initial visit about the proper use of the hydrotherapy equipment. I understand that the hydrotherapy instructions and this written waiver are to serve as the primary source of information and education of the use of the sauna and cold plunge room, and the facility.
Infrared sauna use as creating a cure for or treating any disease is neither implied nor should be inferred. Drinking an electrolyte-replacing water or a sports drink is strongly recommended before and after use. I understand that is not safe to sleep in the infrared sauna
MEDICAL CONDITIONS AND INFRARED SAUNA/COLD PLUNGE USE:
Cardiovascular Issues, Obesity or Diabetes – Individuals suffering from obesity or with a medical history of heart disease, low or high blood pressure, circulatory problems or diabetes should consult a physician prior to use. Heat stress increases cardiac output and blood flow in an effort to transfer internal body heat to the outside environment via the skin (perspiration) and respiratory system. This takes place primarily due to major changes in the heart rate, which has the potential to increase by thirty (30) beats per minute for each degree increase in core body temperature.
Medication – Individuals who are using prescription drugs should seek the advice of their personal physician since some medications may induce drowsiness, while others may affect heart rate, blood pressure and circulation. Diuretics, barbiturates, and beta-blockers may impair the body’s natural heat loss mechanisms. Anticholinergics such as amitriptyline may inhibit sweating and can predispose individuals to heat rash or to a lesser extent, heat stroke. Some over the counter drugs, such as antihistamines, may also cause the body to be more prone to heat stroke.
Alcohol & Drug Abuse – Contrary to popular belief, it is not advisable to attempt to “sweat out” a hangover. Alcohol intoxication decreases a person’s judgment; therefore, he/she may not realize when the body as a negative reaction to high heat. Alcohol also increases the heart rate, which may be further increased by heat stress. The use of alcohol, drugs or medications prior to a sauna session may lead to unconsciousness.
Elderly – The ability to maintain core body temperature decreases with age. This is primarily due to circulatory conditions and decreased sweat gland function. The body must be able to activate its natural cooling processes in order to maintain core body temperature. If elderly, operate at lower temperatures and for no more than 15 minutes at a time.
Children – The core body temperature of children rises much faster than adults. This occurs due to a higher metabolic rate per body mass, limited circulatory adaption to increased cardiac demand and the inability to regulate body temperature by sweating. When using with a child, operate at a lower temperature and for not more than 15 minutes at a time.
Chronic Conditions / Diseases Associated with Reduced Ability to Sweat Or Perspire – Multiple Sclerosis, Central Nervous System Tumors and Diabetes with Neuropathy are conditions that are associated with impaired sweating. Consult a physician.
Hemophiliacs / Individuals Prone to Bleeding – The use of infrared saunas should be avoided by anyone who is predisposed to bleeding
Fever & Insensitivity to Heat – Individuals with insensitivity to heat or who have a fever should not use the sauna until the fever subsides.
Pregnancy – Pregnant women should consult a physician before using an infrared sauna.
Menstruation – Heating of the low back area of women during the menstrual period may temporarily increase menstrual flow. This should not preclude sauna use.
Joint Injury – Recent (acute) joint injury should not be heated for the first 48 hours or until the swollen symptoms subside. Joints that are chronically hot and swollen may respond poorly to vigorous heating of any kind.
Implants – Metal pins, rods, artificial joints, or any other surgical implants generally reflect infrared waves and thus are not heated by this system. Nevertheless, you should consult your physician prior to using.
Pacemakers / Defibrillators – The magnets used to assemble our saunas can interrupt the pacing and inhibit the output of pacemakers. Please discuss with your doctor the possible risks this may cause.
If any of the above conditions apply to you, you agree to consult your physician prior to sauna use.
Check box: INITIAL
Sauna usage recommendations:
· Hydrate with at least 8oz. of water to prepare your body for an increase in core temperature
· Use provided towels to absorb sweat during sessions
· The optimal sauna experience occurs between 100 degrees and 130 degrees F.
· To get your body accustomed to infrared therapy, start with 15-20 minute sessions at 100 degrees F several times a week.
· If comfortable with current settings, gradually increase towards 40-60 minute sessions.
· Don’t be surprised if you don’t sweat during the first few sessions.
· Sweating will increase with regular use, removing toxins and leaving you feeling refreshed and rejuvenated.
· Move slowly and be cautious if you experience any lightheadedness or dizziness.
After Care:
· Drink at least 24oz. of water or electrolyte to rehydrate.
· Dry off with towel. Cool down naturally or with a refreshing shower.
Cold Plunge Use:
· Consult a physician if you are concerned about cold water immersion and how it relates to your health.
· While entering and exiting the cold plunge please use caution.
· It is advised to use the cold plunge prior to the infrared sauna.
I understand the recommendations for the safe usage of the sauna and cold plunge
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY
RELATING TO CORONAVIRUS/COVID-19
The individual named below (referred to as “I” or “me”) or the individual’s child(ren) (for the purposes of this Agreement (as is defined below), child(ren) shall also mean a legal guardian’s ward(s)) desires to participate in physical, recreational and fitness activities using Company property (including without limitation bathrooms, elevator and parking garage) and Company equipment (hereinafter referred to collectively as the “Facilities”) provided by RHYTHM RIDE STUDIO (the “Company”). If the participant is a minor, the minor shall have no contracting rights under this Agreement (as defined below) and the minor’s parent/guardian shall read, understand, and agree to each and every provision of this Agreement (as defined below) and attest to the same by affixing their signature in the appropriate location at the end of this Agreement (as defined below). As lawful consideration for being permitted by the Company to use the Facilities and the intangible value that I or my child(ren) will gain by using the Facilities, I agree to all the terms and conditions set forth in this Agreement (the “Agreement”).
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of large groups of people. As the economy in many parts of the country begins to reopen pursuant to government guidelines, the Company is pleased to be able reopen its studios to its members.
The Company has put in place preventative measures to reduce the spread of COVID-19, in accordance with government recommendations; however, the Company cannot guarantee that I and/or my child(ren) will not become infected with COVID-19 as result of using the Facilities. Further, it is possible that using the Facilities could increase my and/or my child(ren)’s risk of contracting COVID-19.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THE CONTAGIOUS NATURE OF COVID-19 AND VOLUNTARILY ASSUME THE RISK THAT I AND/OR MY CHILD(REN) MAY BE EXPOSED TO OR INFECTED BY COVID-19 AS A RESULT OF USING THE FACILITIES, AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY AND DEATH. I UNDERSTAND THAT THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 WHILE USING THE FACILITIES MAY RESULT FROM THE ACTIONS, OMISSIONS OR NEGLIGENCE OF MYSELF AND/OR MY CHILD(REN) AND OTHERS, INCLUDING, BUT NOT LIMITED TO, THE COMPANY’S EMPLOYEES AND OTHER MEMBERS OR PARTICIPANTS.
I VOLUNTARILY AGREE TO ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO MYSELF AND/OR MY CHILD(REN) (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY OR EXPENSE, OF ANY KIND, THAT I AND/OR MY CHILD(REN) MAY EXPERIENCE OR INCUR IN CONNECTION WITH USING THE FACILITIES (“CLAIMS”). I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS THE COMPANY, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, OF AND FROM THE CLAIMS, INCLUDING ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATING THERETO. I UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS OR NEGLIGENCE OF THE COMPANY, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING OR AFTER MY AND/OR MY CHILD(REN)’S USE OF THE FACILITIES.
I FURTHER KNOWINGLY AND VOLUNTARILY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
SIGNATURE
You hereby acknowledge that You have carefully read, clearly understand, and voluntarily agree to this Waiver and Release Agreement. You understand that You have given up substantial rights by signing it, and You sign it freely. You intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law, and You agree that if any portion of this agreement is held to be invalid, the balance shall continue in full force and effect.