Waiver & Release of Liability

PLEASE READ THIS RELEASE AND WAIVER CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SVETTE LLC (“SVETTE”).

1. 1. Purpose and Consideration

   In consideration for and in connection with being permitted to participate as a renter, operator, passenger, or participant in any and all activities relating to the services of Svette, including but not limited to, use of the Svette mobile sauna and related facilities, cold-water immersion in the Puget Sound, participation in sauna-related activities facilitated by Svette, and any fitness and weight-training activities provided by Svette (collectively, the “Activities”), I hereby agree to all of the terms and conditions set forth in this agreement and execute this Release and Waiver (this “Release”) on behalf of myself and any children, relatives, or dependents identified below (collectively, “Participants”).

2. 2. Acknowledgment of Risk

   I understand that the Activities have inherent risks, including but not limited to:

   • Heart failure, heart attack, stroke, loss of consciousness
   • Dehydration, low/high blood pressure, dizziness, nausea
   • Drowning, hypothermia, cold shock response, cardiac complications
   • Fetal and embryonic abnormalities, if pregnant
   • Slipping, falling, burns from hot surfaces or equipment
   • Aggravation of existing health conditions
   • Communicable diseases, infections, or illnesses transmitted through close physical proximity, shared surfaces, or the sauna environment
   • Fire-related hazards, including burns and smoke inhalation
   • Allergic reactions to essential oils or other aromatic substances infused into the water or steam used during sauna sessions, including but not limited to skin irritation, respiratory reactions, and anaphylaxis

3. 3. Assumption of Risk

   I voluntarily and freely assume all risks associated with participating in the Activities, both known and unknown, even if arising from the negligence of Svette. I also assume full responsibility for any and all damages to myself and Participants, including economic losses, pain and suffering, and any other damages or losses incurred as a result of participation.

4. 4. Medical Release and Health Certification

   I declare I am in good health and have no medical conditions that would increase my risk during the Activities. I have consulted a physician, if necessary, and am fit to participate. I acknowledge that Svette does not have medical personnel available at the location of the Activities and are not responsible for any medical expenses or damages that may arise from my participation. I understand that medical expenses are solely my responsibility and that Svette’s insurance does not provide medical coverage for injuries sustained during the Activities.

5. 5. Water-Related Risks

   I acknowledge that participation in cold plunging and other water-related activities involves risks such as drowning, hypothermia, cardiac arrest, and cold shock response. I voluntarily assume all risks associated with entering and exiting the water and release Svette from any liability related to water hazards.

6. 6. Roadway and Traffic Hazards

   I acknowledge that participating in the Activities at the Redondo Beach location requires crossing Redondo Beach Drive and traveling on foot through the boat launch parking lot and adjacent areas in order to move between the sauna and the water. I understand that this involves inherent risks, including exposure to moving vehicles, boat trailers, and other traffic; the risk of being struck by a vehicle; and slips, trips, or falls on roadways, curbs, ramps, uneven ground, or wet or slippery surfaces. I am solely responsible for observing all traffic and posted signage and for crossing safely. I voluntarily assume all risks associated with crossing the roadway and moving through the parking lot and surrounding areas, and I release Svette and the City of Des Moines from any liability related thereto.

7. 7. Communicable Diseases

   I understand that the sauna environment involves close proximity to others and shared surfaces, which may increase the risk of communicable disease transmission (including but not limited to COVID-19, flu, and skin infections). I accept this risk and waive any claims against Svette related to illness or disease contraction.

8. 8. Fire and Burn Hazards

   I acknowledge that the sauna environment involves heated surfaces, open flames, and steam, all of which pose risks of burns, smoke inhalation, and fire hazards. I agree to follow all safety guidelines and assume responsibility for any injuries related to fire or burns.

9. 9. Essential Oils and Aromatic Substances

   I acknowledge that Svette infuses essential oils and other aromatic substances into the water or steam used during sauna sessions. I understand that these substances may cause allergic reactions, including but not limited to skin irritation, contact dermatitis, respiratory distress, or anaphylaxis, particularly in individuals with known or unknown sensitivities or allergies. I represent that I have no known allergies or sensitivities to essential oils or aromatic substances that would prevent my safe participation, or that I have consulted a physician and have been cleared to participate despite any such sensitivities. I voluntarily assume all risks associated with exposure to essential oils and aromatic substances and release Svette from any liability related thereto.

10. 10. Assault, Battery, Abuse, and Molestation

    I acknowledge that Svette does not assume liability for any claims arising from assault, battery, abuse, or molestation. I understand that by participating in the Activities, I assume the risk of any such incidents and release Svette from any responsibility related thereto.

11. 11. Release from Liability

    I hereby fully and forever release and discharge Svette and their respective owners, employees, members, officers, directors, managers, governors, shareholders, agents, insurers, affiliates, contractors, and any other associated third parties from any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses, and any other liability of any kind, directly or indirectly arising out of or in connection with the Activities, even if due to the negligence or other fault of Svette. This includes, but is not limited to, liability arising from the strict liability or gross negligence of Svette.

    With respect to any Activities conducted at the Redondo Beach location in Des Moines, Washington, this Release also extends to, and I hereby fully and forever release and discharge, the City of Des Moines, its officers, officials, employees, and volunteers (collectively, the “City”) from any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses, and any other liability of any kind, directly or indirectly arising out of or in connection with the Activities, including the use of the sauna, movement between the sauna and Poverty Bay, and immersion in Poverty Bay, even if due to the negligence or other fault of the City. The City is an intended third-party beneficiary of this Release.

12. 12. Indemnification

    I agree to defend, indemnify, and hold harmless Svette from and for all third-party claims, damages, losses, costs, or expenses (including legal fees) incurred by Svette in respect of any accident, injury (including death), loss, or property damage caused to a third party resulting from, arising out of, or otherwise in connection with my participation in the Activities by me or any Participant.

    With respect to any Activities conducted at the Redondo Beach location in Des Moines, Washington, I further agree to defend, indemnify, and hold harmless the City of Des Moines, its officers, officials, employees, and volunteers from and against any and all claims, suits, actions, liabilities, damages, losses, costs, or expenses (including legal fees) for injury or death of any person, or loss or damage to property, arising out of or in connection with my participation in the Activities, or that of any Participant, except only such injury or damage as shall have been occasioned by the sole negligence of the City.

13. 13. Volunteers and Employees

    I acknowledge that if I am volunteering or assisting with any operations of Svette, I do so at my own risk. I understand that Svette does not provide liability or medical coverage for volunteers or independent contractors.

14. 14. No Alcohol Policy

    I acknowledge that alcohol consumption is not permitted before, during, or after participation in the Activities on Svette premises. I understand that any violation of this policy voids any liability claims I may have against Svette.

15. 15. Personal Belongings

    Svette is not responsible for lost, stolen, or damaged personal belongings.

16. 16. Photograph License

    I grant Svette the right to use my and Participants’ name and likeness in connection with the Activities for any publicity without further compensation or permission. I understand that this grant is perpetual, worldwide, and irrevocable, and I waive any right to inspect or approve the use of such likeness.

17. 17. Governing Law

    This Release shall be governed by and construed in accordance with the laws of the State of Washington. Any legal action arising out of or relating to this Release shall be brought exclusively in the courts located in Washington. The parties waive their right to a jury trial and agree that any claims shall be resolved individually without resort to any form of class action.

18. 18. Severability

    If any provision of this Release is found to be unenforceable or invalid, that provision shall be severed from this Release and shall not affect the validity and enforceability of the remaining provisions.

19. 19. Entire Agreement

    This Release constitutes the entire agreement between the Participant and Svette and supersedes any prior understandings, whether written or oral, relating to the subject matter herein. No modification or amendment of this Release will be effective unless in writing and signed by both parties.

20. 20. Acknowledgment of Understanding

    I have read this Release, fully understood its terms, and understand that I have given up substantial rights by signing it. I sign it freely and voluntarily without any inducement. I acknowledge that I have been advised to seek independent legal counsel prior to signing this Release, and that I have either done so or voluntarily chosen not to do so.

    IN WITNESS WHEREOF, I have executed this Release as of the date signed below.