Liability Waiver

GYM 1801 MEMBER WAIVER AND RELEASE OF LIABILITY AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE, AND INDEMNIFICATION, AND A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER.

I understand that Gym 1801 offers a variety of physical training, group exercise, and martial arts services in Evanston, Illinois. Gym 1801 and its direct and indirect subsidiaries and affiliates, and all of their employees, contractors, officers, directors, agents, representatives, sponsors, instructors, volunteers, and other entity or person acting for them, and all of their successors and assigns are collectively referred to and covered by this Member Waiver and Release of Liability Agreement (“Agreement”) collectively, as “Gym 1801”.

In consideration for access to Gym 1801 and its equipment, fitness and martial arts programs, supplies, staff, activities, services, locker rooms, and other facilities, and any other services offered by Gym 1801 (collectively the “Gym Services”), I hereby agree on my and/or my child(ren)’s behalf to all the terms and conditions in this Agreement with Gym 1801.

1. ASSUMPTION OF RISK

I understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the use or participation of the Gym Services.

a) Use of Premises and Services. I understand that use of the Gyms Services can include but are not limited to (1) use of sauna, cryogenic therapy, redlight therapy, locker rooms, studios, fitness floors, fitness equipment, clinic or lab space, lobby, entryways, sidewalks, parking lots, and any other facilities or equipment; (2) use of personal training services; group fitness classes (including yoga); kid’s programs; weight loss or nutritional programs; and martial arts programs, classes, or instruction; (3) use of services and participation in activities off Gym 1801 premises, including but not limited to Jiu Jitsu and/or grappling events, seminars or competitions; and (4) all other programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities, or benefits that are sponsored, endorsed or operated by Gym 1801 on or off its premises.

b) Risks. I understand that the dangers, hazards, and risks of injury or damage in the use or participation of Gym Services (“Risks”) may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls” and falls from fitness equipment; (2) drowning; (3) equipment failure, malfunction or misuse; (4) property or information theft, loss, misuse or damage, including from lockers, vehicles, equipment, files or systems; (5) injuries sustained from martial arts; (6) close and continuous or repeated proximity to others, the risk of the transmission of pathogens, virus or bacteria, with full knowledge that the risks could be considerable; and (7) other accidents or incidents that may result in injury or damage to me or my child(ren).

I acknowledge that there are certain risks associated with the use of Red Light Therapy, including but not limited to skin irritation, eye strain, and overexposure to light. I understand that individual responses to the treatment may vary, and some individuals may experience adverse reactions. I agree to immediately notify the staff of Gym 1801 if I experience any adverse reactions during or after the treatment of Red Light Therapy.

I UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN MARTIAL ARTS AND/OR BRAZILIAN JIU-JITSU, INCLUDING BUT NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TRAUMA, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, OR PARTICIPATION IN THE MARTIAL ARTS CLASSES.

I UNDERSTAND THAT THERE ARE INHERENT RISKS IN THE USE OF SAUNA. I ACKNOWLEDGE THAT I HAVE READ THE SAUNA ACKNOWLEDGMENT FORM ATTACHED AS ADDENDUM A AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS.

I UNDERSTAND THAT THERE ARE INHERENT RISKS IN THE USE OF CRYOGENIC THERAPY. I REPRESENT HAVE CONSULTED WITH A MEDICAL PROFESSIONAL REGARDING THE USE OF CRYOGENIC THERAPY.

I UNDERSTAND THAT THERE ARE INHERENT RISKS IN THE USE OF RED LIGHT THERAPY. I REPRESENT HAVE CONSULTED WITH A MEDICAL PROFESSIONAL REGARDING THE USE OF RED LIGHT THERAPY. I ACKNOWLEDGE THAT I HAVE READ THE RED LIGHT THERAPY ACKNOWLEDGMENT FORM ATTACHED AS ADDENDUM B AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS.

c) Injuries. I understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property or other types of injuries or damages (“Injuries”) to me or my child(ren), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage.

I understand that Risks and Injuries in the use or participation in the Gym Services (collectively, “Risks of Injury”) may be caused, in whole or in part, by the NEGLIGENCE OF GYM 1801, me, my child(ren), other Member(s), guest(s) and/or other persons. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.

2) WAIVER OF LIABILITY. On behalf of myself and/or my child(ren), parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge Gym 1801 from, covenant and agree not to sue Gym 1801 for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively, “Claims”) for any Injuries to me, my child(ren), other Member(s), or guest(s) in the in the use or participation in Gym Services, which arise out of, result from, or are caused by any NEGLIGENCE OF GYM 1801, me, and/or my child(ren), other Member(s), any guest(s), and/or any other person and (collectively, “Negligence Claims”).

a) Negligence Claims. I understand that Negligence Claims include but are not limited to the Gym 1801’s (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Gym Services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure or storage of personal, sensitive or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).

b) Fees and Costs. I specifically agree that, if I or my child(ren)(on my own behalf or on behalf of another, including an estate) assert a Negligence Claim against Gym 1801 and/or breach my agreement not to sue Gym 1801, I will pay all reasonable fees (including attorneys’ fees), costs and expenses incurred by Gym 1801 (“Gym 1801’s Fees and Costs”) to defend (1) the Negligence Claim(s) and (2) all other Claims based on the same facts as the Negligence Claim(s).

c) Minors (Under 15 Years Old) Participation Waiver
In accordance with Illinois law, minors under 15 may participate in self-defense classes at Gym 1801 only with the written consent of a parent or legal guardian. The guardian acknowledges and assumes all risks, including but not limited to injury, inherent in physical activity. Gym 1801, its employees, and affiliates are released from any liability for injuries or damages resulting from participation. By consenting, the guardian affirms that the child is physically capable and agrees to adhere to all safety protocols during classes.

3) DEFENSE AND INDEMNIFICATION. On behalf of myself and my child(ren), guardians, heirs, next of kin, personal representatives, heirs and assigns, I agree to defend, indemnify and hold Gym 1801 harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against Gym 1801 by any other person (including but not limited to any Other Member, any Guest, any other Gym 1801 member or guest, any family member who is not a Gym 1801 member, or any other person or entity) arising out of, resulting from, or caused by my or my child(ren)’s use or participation in the Gym Services. My agreement to defend Gym 1801 means that I will pay all of Gym 1801’s Fees and Costs incurred to defend the Claim from the date the Claim is asserted. My agreement to indemnify and hold Gym 1801 harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred by Gym 1801 to resolve the Claim.

4) HEALTH AND SAFETY. I represent that my child(ren) is/are and I are healthy enough to engage safely in the Gym Services and that my child(ren) and I has/have had the opportunity to talk to a doctor prior to using the Gym Services, which Gym 1801 strongly recommends. I acknowledge that Gym 1801 does not and will not provide medical advice. I acknowledge that I am responsible for my child(ren)’s conduct, health and safety and that Gym 1801 is not responsible for any medical expenses incurred by me, my child(ren) in connection with the use of the Gym Services.

5) PARENT OR GUARDIAN AGREEMENT. If I am the parent or legal guardian of a minor child(ren), I acknowledge and represent to Gym 1801 that I have the right and authority to make decisions concerning the care, custody and control of my minor child(ren), including but not limited to the right and authority to execute this Agreement on my minor child(ren)’s behalf. By checking a box agreeing to the terms of this Agreement and/or by signing this Agreement, I am binding each of my minor children to its terms, including but not limited to the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER and HEALTH AND SAFETY PROVISIONS.

6) CLUB POLICIES; MEMBERSHIP TERMINATION OR SUSPENSION BY GYM 1801. I understand that Gym 1801 retains complete control over all matters affecting or relating to its members and memberships, and guests and their use of the Gym Services, including but not limited to membership levels and types, access, prices, dues, fees, premises, facilities, equipment, services, products, programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities or benefits, all of which are subject to change at any time without notice. I understand and will comply, and ensure that my child(ren) comply, with Gym 1801’s policies, procedures, rules, and regulations. Gym 1801 may change, modify or otherwise alter any policies at any time without notice. I understand that Gym 1801 may in its sole discretion terminate or suspend my or my child(ren)’s membership or guest access, if applicable, or any aspect thereof, including but not limited to applicable guest privileges, for any reason, including but not limited to any conduct by me, my child(ren) that violates any Gym 1801 policy or that Gym 1801 determines to be improper, inappropriate, or contrary to its best interests.

7) ELECTRONIC COMMUNICATIONS. I expressly consent to receive electronic messages from Gym 1801 at any email address I have provided to Gym 1801, including messages to advertise or promote products or services (“Marketing Messages”) and messages related to my transactions or relationship with Gym 1801, including membership, guest usage, purchase of products or services (“Transactional Messages”).

8) PRIVACY POLICY. I understand that Gym 1801 will collect information that identifies me and my child(ren) as individuals (“Personal Information”) through this Agreement. I consent to Gym 1801 using my and my child(ren)’s Personal Information for all Marketing and Transactional Messaging purposes.

9) LIKENESS AND IMAGE RELEASE. I understand that Gym 1801 or a third party authorized by Gym 1801, may stream, livestream, record, take photographs, audio or video recordings, take testimonial accounts or create social media content that may contain the name, image, voice, likeness or account of me or my child(ren) (collectively “Images”) during the use of the Gym Services. I hereby irrevocably consent to and grant Gym 1801 the exclusive, worldwide, perpetual, royalty-free fully paid, transferable and otherwise unlimited right to use, copy, modify, distribute, display, publicly display perform, publish, transmit, host, remove, retain, repurpose, reproduce, adapt, edit, modify, change, add, delete, rearrange, prepare derivative works of and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sublicensees) in any and all media formats and through any media channels and any form of communication, in any manner whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Gym 1801’s use of the Images for commercial and promotional use, including on corporate or employee social media. Gym 1801 may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Gym 1801.

10) ACCURACY OF PERSONAL INFORMATION. I represent and warrant that I am 18 years of age or older and that all the information that I provide to Gym 1801 is current, accurate, complete, and truthful, and that I am the parent or legal guardian of the child(ren).

11) FIRST AID, RESCUE AND CONSENT TO MEDICAL TREATMENT. I understand that Gym 1801 makes no representation, implied or otherwise, that it can or will perform or render first aid. In the event that a Member shows signs of distress or calls for aid, Member will not hold Gym 1801 responsible for attempting the performance of a rescue or first aid. I understands and am aware that Gym 1801 has no medical facilities and that in the event of distress or injury, appropriate medical care must be summoned from external sources and that treatment will be delayed until transportation can be provided to a proper medical care facility or a medical practitioner can be brought to me or my ward.

12) ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

MANDATORY BINDING INDIVIDUAL ARBITRATION. EXCEPT AS EXPRESSLY PROVIDED BELOW, GYM 1801 AND I (EACH A “PARTY” OR, TOGETHER, “US,” “WE” OR “PARTIES”) AGREE THAT ANY DISPUTE, CLAIM, CASE, OR CONTROVERSY (WHETHER BASED IN TORT, CONTRACT, STATUTE, REGULATION, ORDINANCE, EQUITY OR ANY OTHER LEGAL THEORY) BETWEEN US (WHETHER ARISING OUT OF OR RELATING TO PAST, PRESENT OR FUTURE ACTS OR OMISSIONS) (“CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT (“ARBITRATION AGREEMENT”).

WAIVER OF CLASS ACTIONS. WE EACH AGREE THAT WE WILL ASSERT CLAIMS IN ARBITRATION ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OR MEMBER OF ANY PURPORTED CLASS. WE EACH AGREE THAT WE WILL NOT PARTICIPATE IN ANY CLASS, MASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ARBITRATION PROCEEDING. EACH PARTY AGREES THAT THE ARBITRATOR HAS NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS-WIDE BASIS AND SHALL NOT CONSOLIDATE, COMBINE, OR JOINTLY ARBITRATE CLAIMS OF MORE THAN ONE PERSON IN A SINGLE ARBITRATION.

WAIVER OF JURY TRIAL. WE WAIVE OUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, ELECTING INSTEAD TO RESOLVE BY BINDING ARBITRATION ALL CLAIMS.

CLAIMS NOT SUBJECT TO ARBITRATION. THERE ARE ONLY THREE EXCEPTIONS TO THIS ARBITRATION AGREEMENT:

SMALL CLAIMS. EITHER PARTY MAY BRING INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT. PERSONAL INJURY CLAIMS. BOTH PARTIES MUST LITIGATE PERSONAL INJURY CLAIMS IN COURT. FOR PURPOSES OF THIS EXCEPTION, PERSONAL INJURY CLAIMS ARE CLAIMS ARISING FROM INJURY TO THE PHYSICAL STRUCTURE OF THE HUMAN BODY. EMERGENCY EQUITABLE RELIEF. EITHER PARTY MAY SEEK TEMPORARY INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF IN COURT PENDING ARBITRATION. A REQUEST FOR INTERIM MEASURES WILL NOT BE DEEMED A WAIVER OF ANY OTHER RIGHTS OR OBLIGATIONS UNDER THIS ARBITRATION AGREEMENT.

ARBITRATION PROCEDURES. EITHER PARTY MAY INITIATE AN ARBITRATION PROCEEDING, WHICH WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR.

ARBITRATION PROVIDERS. EACH PARTY HAS A CHOICE OF INITIATING ARBITRATION BEFORE EITHER THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR JAMS, WHICH ARE BOTH ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDERS (“ADR PROVIDERS”). IF NEITHER AAA NOR JAMS IS AVAILABLE TO ARBITRATE, WE WILL AGREE TO SELECT AN ALTERNATIVE ADR PROVIDER TO ADMINISTER THE ARBITRATION IN THIS ARBITRATION AGREEMENT.

ARBITRATION RULES. THE ARBITRATION WILL BE CONDUCTED UNDER THE AAA CONSUMER ARBITRATION RULES (AVAILABLE AT WWW.ADR.ORG) OR JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES (AVAILABLE AT WWW.JAMSADR.COM) (“ARBITRATION RULES”). THE RULES OF THE ADR PROVIDER WILL GOVERN ALL ASPECTS OF THE ARBITRATION, EXCEPT TO THE EXTENT SUCH RULES ARE IN CONFLICT WITH THIS ARBITRATION AGREEMENT.

ARBITRATION LOCATION. THE ARBITRATION HEARING WILL BE HELD AT THE ADR PROVIDER’S LOCATION THAT IS CLOSEST TO THE CLAIMANT’S PRIMARY RESIDENCE, UNLESS THE CLAIMANT PRIMARILY RESIDES OUTSIDE THE UNITED STATES (IN WHICH CASE THE ARBITRATOR WILL GIVE THE PARTIES REASONABLE NOTICE OF THE DATE, TIME AND PLACE OF ANY ORAL HEARINGS.)

FEES. PAYMENT OF ALL FILING, ADMINISTRATIVE, AND ARBITRATOR FEES WILL BE GOVERNED BY THE ARBITRATION RULES.

ARBITRATOR’S AUTHORITY AND AWARD. THE ARBITRATOR WILL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF THE PARTIES, AND THE DISPUTE WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTERS OR JOINED WITH ANY OTHER CASES OR PARTIES. THE ARBITRATOR WILL HAVE THE AUTHORITY TO GRANT MOTIONS DISPOSITIVE OF ALL OR PART OF ANY CLAIM. THE ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES, AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE TO AN INDIVIDUAL UNDER APPLICABLE LAW, THE ADR PROVIDER’S RULES, AND THIS ARBITRATION AGREEMENT. THE ARBITRATOR WILL ISSUE A WRITTEN AWARD AND REASONED STATEMENT OF DECISION DESCRIBING THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED, INCLUDING THE CALCULATION OF ANY DAMAGES AWARDED. THE ARBITRATOR HAS THE SAME AUTHORITY TO AWARD RELIEF ON AN INDIVIDUAL BASIS THAT A JUDGE IN A COURT OF LAW WOULD HAVE. ANY AWARD WILL BE SUBJECT TO JUDICIAL CONFIRMATION OR ENTRY IN ANY COURT HAVING JURISDICTION.

GOVERNING LAW. THIS ARBITRATION AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW.

SURVIVABILITY. GYM 1801 AND I AGREE THAT THIS ARBITRATION AGREEMENT WITH CLASS WAIVER SHALL APPLY TO ALL CLAIMS REGARDLESS OF WHETHER SUCH CLAIM ARISES OUT OF ACTS OR OMISSIONS THAT OCCUR BEFORE OR AFTER THE TERMINATION OF ANY MEMBERSHIP OR SERVICE OR THAT OCCUR BEFORE OR AFTER THE TERMINATION OF THIS AGREEMENT.

12) SEVERABILITY. I AGREE THAT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ASSUMPTION OF LIABILITY AND ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER, IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED UNDER APPLICABLE LAW. IF A COURT DECLARES ANY PART OF THIS AGREEMENT UNENFORCEABLE, INVALID OR VOID, THAT PART ALONE SHALL BE SEVERED FROM THIS AGREEMENT, AND THE ENTIRE REMAINDER OF THE AGREEMENT, INCLUDING ANY PARTIALLY ENFORCEABLE PROVISION, SHALL BE FULLY BINDING AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13) OTHER PROVISIONS. I AM NOT RELYING ON ANY ORAL OR WRITTEN PROMISES, REPRESENTATIONS, STATEMENTS, COVENANTS OR WARRANTIES, OTHER THAN THOSE SET FORTH HEREIN, TO INDUCE ME TO SIGN THIS AGREEMENT. THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY GYM 1801 UPON SUCH NOTICE, IF ANY, AS MAY BE REQUIRED BY LAW. IF GYM 1801 FAILS TO ENFORCE ANY RIGHT IN THIS AGREEMENT FOR ANY REASON, GYM 1801 DOES NOT WAIVE ITS RIGHT TO ENFORCE IT LATER.

14) GOVERNING LAW. This Agreement shall be governed by the laws of Illinois and any and all questions, claims, suits or disagreements shall be decided pursuant to Illinois law without regard to any conflict of laws issues.

Signatures to this Agreement transmitted by electronic means (including facsimile transmission or electronic mail transmission of a portable document format document) or affixed as an electronic signature shall be deemed and treated as original signatures and shall be valid and effective to bind Member to this Agreement.

THIS AGREEMENT IS A WAIVER, RELASE OF LIABILITY, INDEMNIFICATION AND CONSENT. I HAVE READ IT, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING, AND HAVING HAD SUFFICIENT TIME TO CONSIDER WHETHER TO ENTER INTO THIS AGREEMENT, SIGN IT VOLUNTARILY.

ADDENDUM A
SAUNA ACKNOWLEDGMENT

YOU MUST BE AT LEAST EIGHTEEN YEARS OLD TO USE THE SAUNA.

MEMBER AGREES TO CHECK WITH A DOCTOR BEFORE USING OUR SAUNA IF PREGNANT, DIABETIC, HAVE HEALTH ISSUES / CONCERNS OR UNDER MEDICAL CARE. THIS INCLUDES HISTORY OF DIZZINESS OR FAINTING. THIS ALSO INCLUDES ANY METAL PINS, RODS, ARTIFICIAL JOINTS OR ANY SURGICAL IMPLANTS INCLUDING SILICON. BY SIGNING OUR WAIVER YOU UNDERSTAND THE RISKS AND HAVE CONSULTED WITH A MEDICAL PROFESSIONAL. YOU UNDERSTAND AND TAKE FULL RESPONSIBILITY FOR YOUR OWN HEALTH AND WELL-BEING.

MEMBER ASSUMES FULL RESPONSIBILITY OF HIS OR HER MEDICAL / HEALTH CONDITION, TO INCLUDE BUT NOT LIMITED TO, ANY MEDICATIONS MEMBER MAY BE TAKING WHICH COULD RESULT IN A MEDICAL EMERGENCY OR UNSAFE CONDITION. MEMBER MUST KNOW THEIR HIS OR HER OWN LIMITATIONS AND ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THE SAUNA.

IT IS ADVISED TO DRINK PLENTY OF WATER BEFORE AND AFTER YOUR SAUNA SESSIONS. IT IS ADVISED NOT TO EAT AT LEAST ONE TO TWO HOURS PRIOR TO YOUR SAUNA AND STEAM SESSIONS TO AVOID ANY ILL FEELINGS.

REDUCE THE RISK OF OVERHEATING AND SCALDING. OUR SAUNA RANGES IN TEMPERATURE AND CAN REACH 190 DEGREES CELSIUS. PROLONGED EXPOSURE TO THE SAUNA MAY CAUSE YOUR BODY TO OVERHEAT. LIMIT YOURSELF TO A MAXIMUM OF TEN (10) MINUTES. EVERYONE IS DIFFERENT AND YOU NEED TO KNOW WHAT YOUR BODY CAN HANDLE FOR TEMPERATURE. OVEREXPOSURE TO HIGH TEMPERATURES AND HUMIDITY CAN BE DANGEROUS TO YOUR HEALTH. EXIT IMMEDIATELY IF NAUSEOUS, UNCOMFORTABLE, DIZZY OR SLEEPY.

DO NOT USE THE SAUNA IF YOU HAVE RECENTLY CONSUMED ALCOHOL, DRUGS OR MEDICATIONS. USE AT YOUR OWN RISK.

BE AWARE THAT DIRECT CONTACT WITH SAUNA ROCKS OR SAUNA HEATERS MAY CAUSE SERIOUS INJURY. ANY METAL IN THE SAUNA OR STEAM ROOM WILL RETAIN HEAT AND THEREFORE IS NOT SUGGESTED TO BRING INTO THE HEATED ROOMS OR USE DURING YOUR SAUNA SESSIONS.

THE SAUNA IS SOLELY FOR THE PURPOSE OF RELAXATION AND IMPROVED WELL-BEING. THE SAUNA IS NOT FOR INDECENT EXPOSURE, PARTYING, DANCING IN, OR ANY KIND OF SEXUAL OR ILLICIT BEHAVIOR. ANYONE FOUND MIS-USING THE SAUNA WILL BE ASKED TO LEAVE IMMEDIATELY AND BANNED FROM FUTURE USE.

UNDERGARMENTS ARE REQUIRED AT ALL TIMES IN THE SAUNA.

ADDENDUM B
RED LIGHT THERAPY WAIVER AND ACKNOWLEDGEMENT

Gym 1801 Red Light Therapy Liability Waiver and Consent Form

I, the undersigned client, hereby acknowledge that I am voluntarily participating in Red Light Therapy (“the Service”) provided by Gym 1801. I understand that the Service involves exposure to specific wavelengths of red light and associated equipment.

Purpose of Red Light Therapy: I understand that the purpose of Red Light Therapy is to promote overall well-being, relaxation, and potential benefits such as improved skin health and reduced inflammation. I acknowledge that Red Light Therapy is not a medical treatment and does not replace professional medical advice or treatment.

Health Information: I certify that I am in good health and have no medical conditions that would preclude me from safely using the Service. I understand that it is my responsibility to consult with a healthcare professional before using the Service if I have any concerns about my health or medical condition.
Treatment Protocol: I agree to follow all instructions provided by Gym 1801 staff regarding the use of the Service, including the duration and frequency of sessions, and any safety precautions. I understand that failure to adhere to the recommended protocol may affect the effectiveness of the treatment.

Risks and Side Effects: I acknowledge that there are certain risks associated with the use of Red Light Therapy, including but not limited to skin irritation, eye strain, and overexposure to light. I understand that individual responses to the treatment may vary, and some individuals may experience adverse reactions. I agree to immediately notify Gym 1801 staff if I experience any adverse reactions during or after the treatment.

Informed Consent: I have been provided with information about Red Light Therapy, including its purpose, potential benefits, and possible risks. I understand the nature of the treatment and voluntarily consent to participate.

Release of Liability: In consideration of being permitted to use the Service, I hereby release, indemnify, and hold harmless Gym 1801, its officers, employees, and agents from any and all claims, demands, causes of action, suits, liabilities, damages, expenses, and costs (including reasonable attorney fees and court costs) arising out of or related to my use of the Service.

Confidentiality: I understand that my personal and health information will be kept confidential and will only be shared with authorized personnel for the purpose of providing the Service.

By signing below, I acknowledge that I have read and understand this Red Light Therapy Liability Waiver and Consent Form, and I voluntarily agree to its terms.