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Waiver of Liability 

HOOGA HOUSE LLC - ACKNOWLEDGEMENT OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT

 

Section A: 

In consideration for being permitted to use the facilities, services, and equipment at Hooga House LLC, I, on behalf of myself, my heirs, and my personal representatives, voluntarily and knowingly assume all risks, both known and unknown, associated with my use of the facility. I understand that such use carries inherent dangers, including but not limited to:

 

1. Heat Exposure Risks:

- Dehydration

Dizziness

Fainting

Burns or discomfort due to prolonged exposure to high temperatures

 

2. Cold Exposure Risks:

- Hypothermia

- Cold shock response

- Numbness and discomfort due to exposure to low temperatures

 

3. Physical Activity Risks:

- Strain or injury

- Overexertion

- Cardiovascular stress

 

4. General Facility Environment Risks

- Premises Risks: Injury from slipping or falling on wet, snowy, icy or dry surfaces such as floors, decks, stairs, or in showers, changing rooms, saunas, or plunge areas.

-Extreme weather risks: the facility operates indoor and outdoors during all weather - including extreme heat and cold. 

- Property Risks: Loss, theft, or damage to personal property.

- Communicable Disease Risks: Exposure to bacteria, viruses (including but not limited to COVID-19), and other pathogens.

- Equipment Risks: Burns from contact with the sauna heater/stove; injury from misuse of any facility equipment or amenities.

 

I recognize the importance of moderation and paying attention to my body's signals during the use of these facilities and any activities.

Individuals with certain medical conditions, such as cardiovascular issues or respiratory problems, may face increased risks and are

advised to consult with a medical professional before usage. 

 

I also agree to exercise discretion when using the facilities and participating in any activities. I take full responsibility for understanding and respecting the limits of my body. I will not engage in activities that exceed my personal fitness level or medical condition. Furthermore, I will actively monitor and be aware of potential hazards, including hot objects such as sauna stoves and heaters, and cold objects such as cold plunges/ice baths. I will be mindful of my surroundings and watch my step to avoid accidents.

 

To maintain the highest standards of cleanliness, we surpass industry sanitation practices by rigorously cleaning our tubs,

consistently changing the water, and enhancing the filtration technology in our plunges. We prioritize cleanliness above all else

and are dedicated to ensuring your well-being. However, we understand that skin can be sensitive and reactions may vary.

 

Despite our best efforts to maintain a sanitary environment, it is important to acknowledge that the nature of shared cold plunge water and the sweating process in the sauna can pose potential risks of negative skin reactions. By signing this agreement, I acknowledge, understand, and voluntarily accept these inherent risks of potential skin reactions. This includes, but is not limited to, rashes, irritation, or other dermatological conditions that may arise from exposure to the water in the plunges or sweating in the sauna during your time at Hooga House or after being at the facility.

 

In consideration for being allowed to use the sauna, cold plunge and all other facilities, and participate in activities at Hooga House LLC, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Hooga House LLC, its owners, members, officers, employees, agents, and representatives (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, at law or in equity, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, while using the Spa facilities or upon the premises. Furthermore, I agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any loss, liability, damage, or costs, including court costs and attorneys' fees, that they may incur due to my use of the Hooga House LLC facility, whether caused by my negligence or otherwise.

 

I affirm that I am in good physical and mental health and do not suffer from any condition which would prevent my safe use of the Hooga House LLC facilities. I have been advised to consult with a physician before using the facilities, especially if I am pregnant or have a history of heart disease, high/low blood pressure, respiratory issues, or other medical conditions. I affirm that I have either consulted a physician and received clearance, or I have chosen to use the facilities without a physician's approval and knowingly assume all risks associated therewith. I agree to abide by all posted safety rules and verbal instructions given by Hooga House LLC staff.

 

I also acknowledge and understand that Hooga House LLC includes changing rooms, showers, sitting areas, and is a public space where I

am responsible for my own conduct, possessions, and overall well-being.

 

I hereby affirm I am 18 years of age or older, I am not under the influence of drugs, alcohol, or any other substance that would impair my judgment or ability to safely use the Spa, and I have the legal capacity to enter into this agreement.

 

Section B:

RUN CLUB - ACKNOWLEDGEMENT OF RISK & WAIVER

 

By participating in any run, jog, or related activity organized by Hooga House LLC (the "Mountain Pancake Club" or other name), I acknowledge, understand, and agree to the following:

 

Voluntary Participation: I understand that my participation in the Run Club is completely voluntary. The activities will take place off-premises in environments not controlled by Hooga House LLC, including but not limited to public roads, sidewalks, and trails in and around Golden, Colorado.

 

Assumption of Inherent Risks: I am fully aware of and voluntarily assume all risks, both known and unknown, associated with outdoor running. These risks include, but are not limited to: falls; injuries arising from uneven or hazardous terrain; collisions with vehicles, cyclists, pedestrians, or animals (rattle snakes); dangers related to weather and environmental conditions (heat, cold, sun, precipitation); and injuries resulting from physical exertion.

 

Acknowledgement of Altitude Risks: I understand that Golden, Colorado is at high altitude. I acknowledge that running at altitude can increase the risk of dehydration, dizziness, and serious medical events, especially if I am not properly acclimated. I assume all risks associated with physical activity at altitude.

 

Affirmation of Fitness: I affirm that I am physically fit, in good health, and have sufficiently trained for participation in the Run Club. I certify that I have no medical conditions that would make my participation in strenuous running activities more hazardous. I take full responsibility for monitoring my own physical condition throughout every run.

 

Release of Liability and Indemnification: In addition to the release provided in Section A of this agreement, I hereby RELEASE, WAIVE, AND COVENANT NOT TO SUE the Released Parties (as defined in Section A) from any and all liability, claims, or causes of action arising out of or related to my participation in the Run Club. This release includes, but is not limited to, claims of negligence related to the planning or selection of running routes, the instruction or supervision provided by Run Club leaders, or failure to provide medical assistance. I further agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any loss or liability arising from my participation in the Run Club.

 

I acknowledge that I have read this entire three-page document carefully and fully understand its contents. I understand that this is a legally binding contract that surrenders substantial rights, and I sign it freely and voluntarily. My signature and initials will be collected via our online platform in person. 

 

Guest Printed Name: _________________________

Guest Signature: ____________________________

Date: _____________________________________"

 

Health Affirmation:

I affirm that I am in good health, am of sound mind and body, and have consulted with a medical professional if necessary.

 

Your Initials: [Signature]

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