ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS

PLEASE READ CAREFULLY BEFORE SIGNING

I have been provided the opportunity to participate in the Altær Sauna experience (the “Sauna Experience”), including use of the mobile sauna and any related amenities and services (the “Sauna”), which is sponsored by Altær, (the “Vendors”). In consideration of my participation in the Sauna Experience, and in recognition of the Vendors reliance hereon, I agree to all of the terms and conditions set forth in this agreement (the “Release”)

ACKNOWLEDGEMENT OF RISKS: I am aware and understand that my participation in the Sauna Experience involves known and unknown risks, dangers, and hazards that may cause death, personal injury, damage to property and loss of property. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY USING THE SAUNA AND PARTICIPATING IN THE SAUNA EXPERIENCE WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE SAUNA EXPERIENCE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

The risks and consequences I am acknowledging include, but are not limited to:

● Slippery surfaces caused by water, ice, snow, or other substances;

● Exposure to cold temperatures;

● Exposure to hot temperatures;

● Exposure to hot equipment;

● Increased internal body temperature;

● Collisions or contact with other persons, property, and objects inside or outside of the Sauna;

● Exposure to airborne illnesses or transmittable diseases;

● Defects or weaknesses in the design, construction, repair, or modification of the Sauna;

● Visible and invisible natural or man-made hazards in or around the Sauna;

● Other foreseeable and unforeseeable risks that contribute to the unpredictability of my participation in the Sauna and outside the Sauna.

REPRESENTATION OF FITNESS: I am physically and mentally fit to participate in the Sauna. I do not have any medical, physical, or emotional condition, such as anhidrosis, that interferes with my ability to sweat. I am not pregnant and am not subjecting a fetus to excessive body temperatures that may cause fetal damage during pregnancy. I am not taking or under the influence of any drugs, alcohol, medication, or other substance affecting my mental or physical state. I have not received a tattoo in the past two months. I am of sound mind and understand that this Release is considered a legally binding agreement and not simply a recitation. I am fully capable of entering into a legal agreement. 

ASSUMPTION OF RESPONSIBILITY: I am responsible for my own safety and property, and agree to follow all rules, guidelines, and instructions provided by the Vendors and/or any representatives of the Vendors. I cannot and will not rely on anyone other than myself to keep me or my personal property safe before, during, or after participating in the Sauna Experience. My participation in the Sauna is voluntary and I can refuse to participate or quit participating in the Sauna Experience, in whole or in part, at any time for any reason. 

ASSUMPTION OF RISK: I assume all risk and responsibility for death, personal injury, damage to property and loss of property that I sustain in connection with my participation in the Sauna, whether due to negligence, accident, or any other cause. 

WAIVER AND RELEASE: I, for myself and for my personal representatives, executors, administrators, assigns, heirs or next of kin, forever waive, release, discharge, and agree to hold harmless, any and all of the Vendors and/or their owners, shareholders, members, partners, employees, officers, directors, agents, successors, assigns, and other affiliated persons or entities (the “Released Parties”), from and against any and all liability, actions, causes of action, suits, obligations, judgments and/or claims of any nature and/or damages of any kind whatsoever, including, but not limited to, damages for any death, personal injury, damage to property, loss or theft of property, costs, expenses, attorney’s fees, and any other costs that I sustain that relate in any way, directly or indirectly, to my participation in the Sauna, whether due to negligence, accident, or any other cause.

COVENANT NOT TO SUE: I, for myself and for my personal representatives, executors, administrators, heirs or next of kin, covenant not to sue any and/or all of the Vendors and/or their owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities, and forever waive any and all actions, causes of action, suits, and/or other legal proceedings against them that relate in any way, directly or indirectly, to my participation in the Sauna, whether due to negligence, accident, or any other cause.

INDEMNIFICATION: I agree to indemnify and hold harmless the Vendors, their owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities from any and all liability for any death, personal injury, damage to property, loss of property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature arising from, or in connection with, my participation in the Sauna, whether due to negligence, accident, or any other cause. 

MEDIA RELEASE/RIGHT OF PUBLICITY: I hereby consent to the participation in interviews, the use of quotes, and the taking of photographs, movies, video tapes, or recordings. I also grant the irrevocable right to edit, use, and reuse my name, image, voice, and likeness for marketing/communications purposes, including use in print, on the internet, and all other forms of distribution. I hereby waive any right to compensation or attribution in connection with the use of might 

CONSENT TO TREATMENT: I understand that the Vendors cannot be expected to control all possible risks, but may need to respond to accidents and potential emergency situations.  Without creating any obligation, I authorize any medical treatment deemed necessary in the event of any injury or illness I sustain while participating in the Sauna. I either have appropriate insurance, or in the absence of insurance coverage, I agree to pay all costs of medical treatment provided to me.

BINDS HEIRS. It is my express intent that this Release shall bind the members of my family and spouse, if I am alive, and my heirs, next of kin, assigns, executors, administrators and personal representatives, if I am deceased.

DISPUTE RESOLUTION. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of Massachusetts.

SEVERABILITY. If any provision of this Release is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable. 

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO THE CORONAVIRUS/COVID-19 AND OTHER COMMUNICABLE DISEASES: 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 have recommended, or may in the future recommend, social distancing and may, now or in the future, prohibit the congregation of groups of people. I acknowledge the contagious nature of COVID-19 and other communicable diseases, including without limitation, influenza, and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and other communicable diseases or public health risks, whether now known or hereafter discovered, by using a sauna 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 and other communicable diseases or health risks by using a sauna may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Vendors, their employees, volunteers, and program participants. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation in any of the Vendors’ sauna rental or programming. I hereby release, covenant not to sue, discharge, and hold harmless the Vendors, their 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.

If guests choose to swim in the ocean or open water during their sauna experience, they do so at their own risk. ALTÆR Sauna and its affiliates, members, employees, and contractors assume no responsibility or liability for any injuries, accidents, or other incidents that may occur in connection with open water use. Guests are solely responsible for assessing conditions and their own physical ability before entering any body of water.

ALTÆR reserves the right to refuse access to any user, to ALTÆR's services or facilities at any time for any reason that is not illegal. For example, ALTÆR may suspend or terminate a user’s participation in the Activity if the user is under the influence of drugs or alcohol, or if there are or have been, in ALTÆR's sole discretion, credible reports of sexual harassment, unwelcome sexual advances or other inappropriate behavior by a user. However, ALTÆR is under no obligation to investigate any particular report or take any particular action. Refusal of service due to these circumstances shall not entitle a user to any refund of any booking fees. 

I acknowledge and understand that no individual under the age of 16 is permitted to participate in the Sauna Experience.  I certify that I am at least 18 years of age, or that if I am under 18 years of age, my parent or legal guardian has signed below, acknowledging and agreeing to the terms of this Release on my behalf.

By signing this Release, I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any and all Vendors consistent with the provisions set forth above. This Release constitutes the entire understanding between the parties and supersedes and prior representations, discussions, or agreements, whether oral or written.

CAUTION THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING THIS DOCUMENT, YOU GIVE UP YOUR RIGHT TO SUE THE VENDORS FOR DAMAGES.