READ CAREFULLY—THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
Parties and Acknowledgment
This Waiver and Release of All Claims (the “Agreement”) is entered into by _______________________________ (“Participant” or “I”) and Fire and Ice Sauna LLC, including its owners, officers, directors, employees, agents, affiliates, and representatives (collectively, the “Company”), in consideration of the fees paid or to be paid by Participant and Participant’s permission to participate in the Activities offered by Company.
I understand and acknowledge that using the sauna, cold plunge, and any related facilities, services, or equipment (collectively, the “Activities”) provided by the Company involves inherent risks of injury, illness, or death. Such risks may include, but are not limited to, the following:
Dizziness, fainting, nausea, dehydration;
Changes in heart rate and/or blood pressure;
Slips, falls, burns, exposure to extreme heat and cold;
Hyperventilation, cold shock response, and/or loss of balance/coordination;
Aggravation of any pre-existing conditions.
Participant understands that these risks may occur, even if the activities are performed properly and under supervision.
Health Representation
Participant represents that:
They are physically and medially able to participate in the activities;
They have consulted a medical professional if they have concerns;
They do not have any condition that would make participation unsafe, including but not limited to:
Heart disease, uncontrolled high blood pressure;
Pregnancy;
Seizure disorders;
Recent surgery or serious illness;
Current virus, infection, or illness;
Use of drugs or alcohol that impair judgement or physical response.
Assumption of Risk
I hereby voluntarily agree to assume all risks of injury, illness, damage, or loss, whether known or unknown, which may be sustained by me or my property as a result of or in connection with my participation in the Activities, regardless of the cause.
I explicitly acknowledge and agree to accept full responsibility for all of my own actions, conduct, and physical condition while participating in the Activities. I affirm that I am physically and mentally fit to participate and have consulted with a medical professional if I have any pre-existing health concerns.
Release and Waiver of Claims
In consideration of being permitted to participate in the Activities, I, for myself and my heirs, executors, administrators, personal representatives, and assigns, to the fullest extent permitted by Minnesota law, do hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Fire and Ice Sauna LLC from any and all claims, suits, demands, liabilities, damages, costs, and expenses (including attorney's fees) arising out of or in any way related to my participation in the Activities. This includes claims based on ordinary negligence (but not gross negligence).
This Agreement does NOT release claims arising from gross negligence, reckless conduct, or intentional acts, which cannot be waived under Minnesota law.
PHOTO RELEASE
By entering Fire and Ice Sauna LLC and participating in the sauna, cold plunge, and any related facilities, services, or equipment (collectively, the "Activities"), I hereby grant Fire and Ice Sauna LLC on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with Fire and Ice Sauna LLC and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.
Indemnification
Participant agrees to indemnify and hold harmless Company from any claims brought by third parties arising out of Participant’s actions or participation in the Activities.
No Medical Avice
Participant understands that Company cannot and does not provide medical advice, and that its staff are not healthcare providers. Any information provided is for general wellness purposes only.
Rules and Instructions
Participant agrees to follow all posted rules and staff instructions. Failure to do so may result in immediate termination of participation without refund.
Minors
If Participant is under 18 years of age, this Agreement must be signed by a parent or legal guardian, who agrees to all terms on the minor’s behalf.
Governing Law, Mediation, and Venue
This Agreement shall be governed by the laws of the State of Minnesota. Before filing any lawsuit arising out of or relating to this Agreement or the Activities, the parties agree to first attempt to resolve the dispute through good-faith mediation conducted in Ramsey County, Minnesota.
Notwithstanding the foregoing, either party may bring a claim without mediation in Minnesota Conciliation Court (Small Claims Court) if the claim is within that court’s jurisdictional limits.
If mediation does not resolve the dispute, or if the matter is not eligible for Conciliation Court, any legal action shall be brought in a court of competent jurisdiction located in Ramsey County, Minnesota.
Severability
If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.