Waiver & Release Forms
Please read the following waiver.
CD MED SPA WAIVER AND RELEASE OF LIABILITY
I have elected to participate in a Cold Plunge and/or Sauna session with a representative from CD Med
Spa and/or one of their affiliates. I acknowledge, appreciate, and agree that:
AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions
or directions given by a CD Med Spa representative. If, however, I observe any unusual significant hazard
during my presence or participation, I will remove myself from participation and bring such to the
attention of the nearest CD Med Spa Representative immediately.
ASSUMPTION OF THE RISKS
I recognize on behalf of self, spouse, heirs, estate and assigns that the risk of injury from the activities
involved in this program is significant. I recognize that severe injuries, including permanent paralysis or
death can occur in sports or activities involving height or motion, the activities including but not limited
to breath work, training routines with ice/cold/heat, extreme cold, ice baths, weather conditions, condition
of participants, equipment, or other factors. Potential injuries include but are not limited to heart failure,
loss of consciousness, and stroke and may be caused by extreme cold, ice baths, weather conditions,
condition of participants, equipment, or other factors.
While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury
still does exist. I knowingly and freely assume all such risks, both known and unknown, even if arising
from the negligence of CD Med Spa or others such as volunteers and trainers, and I assume full
responsibility for my participation.
While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury
still does exist. I knowingly and freely assume all such risks, both known and unknown, even if arising
from the negligence of CD Med Spa or others such as volunteers and trainers, and I assume full
responsibility for my participation.
I acknowledge and understand that while participating in the activity of a CD Med Spa session, while
rare:
• I could be injured, physically or mentally, or in extremely rare cases may die.
• My personal property may be lost, damaged or stolen at no responsibility of CD Med Spa.
• Other participants may cause me injury or may damage my property.
• I may cause injury to other persons or damage their property.
• The conditions in which the activity is conducted may vary without warning
• I may be injured or die or suffer damage to my property as a result of the negligence or breach of
contract.
• There may be no or inadequate facilities for treatment or transport in case of an accident and/or
injury.
• I assume the risk of and responsibility for any injury, death or property damage resulting from my
participation in the activity.
RELEASEI, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release
and hold harmless CD Med Spa, their officers, officials, agents, and/or employees, other participants,
sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to
conduct the event, for any and all injury, disability, death, or loss or damage to person or property arising
out of the presence of a cold CD Med Spa or sauna and use thereof, whether caused by the fault of
myself, CD Med Spa or other associated third parties, to the fullest extent permitted by law.
INDEMNIFICATION
I agree to indemnify and defend CD Med Spa against all claims, causes of action, damages, judgments,
costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my
use of the facilities made available by CD Med Spa.
NO DURESS
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have
been given a reasonable opportunity to review it before signing.
ARM'S LENGTH AGREEMENT
This Agreement and each of its terms are the product of an arms' length negotiation between the Parties.
In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its
provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of
interpretation which would lead to a construction either "for" or "against" a particular party based upon
their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as
applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any
other provision of this Agreement or of any other application of such provision, as the case may be, and
such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
PHOTOGRAPH LICENSE
I understand while participating in this activity, I may be filmed or photographed. I grant a license to the
activity organizer and affiliates to use my photo, video, or film likeness to be used for any legitimate
purpose.
GOVERNING LAW
This Agreement shall be governed and interpreted in accordance with the laws of the United States of
America (without regard to the choice of law or conflicts of law principles). In the event of a dispute
arising out of or in any way relating to this document or a CD Med Spa session to which it refers,
jurisdiction and venue shall be the courts of Ohio and only in those courts. The parties irrevocably waive
any objections or defenses based on lack of personal jurisdiction, improper venue, or forum non
convenience. To the extent allowed by law, the parties waive their right(s) to a jury trial in any action
arising out of or in connection with this document or CD Med Spa to which it refers. The parties further
agree that any claims, disputes, or actions of any kind shall be resolved individually and without resort to
any form of class action.
I have read this release of liability and assumption of risk agreement, fully understand its terms,
understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without
any inducement.
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Print name: __________________________________
Signature: ___________________________________ Date: ________________________________