ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND
RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I have been provided the opportunity to participate in The Sauna (the “Sauna”) and voluntarily agree as follows:
ACKNOWLEDGEMENT OF RISKS: My participation in the Sauna involves known and unknown risks, dangers, and hazards
that may cause death, personal injury, damage to personal property and loss of personal property. 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 extreme hot and/or cold temperatures;
● Exposure to hot equipment;
● Increased internal body temperature;
● Collisions or contact with other persons 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.
I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO ALL PARTICIPANTS’ USE OF THE SAUNA AND PARTICIPATION IN ACTIVITIES AROUND THE SAUNA DURING MY RENTAL, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF FIRESIDE SAUNAS, LLC OR A THIRD-PARTY.
REPRESENTATION OF FITNESS: I am physically and mentally fit to participate in the Sauna. I do not have any medical 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.
ASSUMPTION OF RESPONSIBILITY: I am responsible for my own safety and personal property. 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. My participation in the Sauna is voluntary and I can refuse to participate or quit participating in the Sauna at any time for any reason.
ASSUMPTION OF RISK: I assume all risk and responsibility for death, personal injury, damage to personal property and loss of personal property that I sustain in connection with my participation in the Sauna, except to the extent such damages, injuries, or death results from conduct that constitutes greater than ordinary negligence under Minn. Stat. § 604.055.
WAIVER AND RELEASE FROM LIABILITY; COVENANT NOT TO SUE: I, for myself and for my personal representatives, executors, administrators, heirs or next of kin, forever waive, release, discharge, agree to hold harmless, and covenant not to sue Fireside Saunas LLC, and 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 personal property, loss of personal property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature that I sustain in connection with my participation in the Sauna, except to the extent such damages, injuries, or death result from conduct that constitutes greater than ordinary negligence under Minn. Stat. § 604.055.
INDEMNIFICATION: I indemnify and agree to hold harmless Fireside Saunas LLC, and 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 personal property, loss of personal 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.
AUTHORIZATION: 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.
RIGHT OF PUBLICITY: I authorize and consent to the use of my name, image, or likeness for commercial purposes in connection with the promotion and marketing of Fireside Saunas LLC.
BINDS HEIRS: It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased.
CHOICE OF LAW: This agreement is governed by the laws of the State of Minnesota. Any claim arising from this agreement or my participation in the Sauna must be brought in the state courts of Minnesota in Meeker County.
SEVERABILITY: Pursuant to Minn. Stat. § 604.055, nothing in this agreement purports or intends to waive liability for damage, injuries, or death resulting from conduct that constitutes greater than ordinary negligence. If any provision of this agreement is held invalid, such provision will be severed from this agreement, but the remaining provisions of this agreement will remain in full force and effect.
I HAVE CAREFULLY READ FIRESIDE SAUNAS, LLC WAIVER (2 pages) AND I UNDERSTAND ITS CONTENTS. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OTHERS FOR CERTAIN CLAIMS AND I ASSUME LIABILITY FOR ALL PARTICIPANTS OF THE SAUNA DURING MY RENTAL. I AND ALL PARTICIPANTS OF THE SAUNA DURING MY RENTAL AGREE TO FOLLOW ALL POSTED RULES AND GUIDELINES SET FORTH BY FIRESIDE SAUNAS, LLC.