RELEASE OF LIABILITY
I, the undersigned participant, hereby recognize and consent that the term ‘The Event’ comprehensively encompasses the entirety of the ION Wellness gathering and all related activities. This includes, but is not limited to, congregations of people, cold plunges, compression therapy, and various other activities associated with ION Wellness.
I, the undersigned participant, hereby acknowledge and agree that the term “Released Parties” refers collectively to Andy LeSavage, ION Wellness their affiliated companies, employees, agents, contractors, other participants, sponsoring agencies, sponsors, advertisers, owners and lessors of premises used to conduct The Event, and all other parties involved in the orchestration and execution of The Event.
I. 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 representative of the Released Parties during The Event. 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 representative of the Released Parties immediately.
II. ASSUMPTION OF THE RISKS
I recognize on behalf of self, spouse, heirs, estate, and assigns that the risk of injury from participation in the The Event is significant. I recognize that severe injuries, including permanent paralysis or death, can occur as a result of my participation in The Event. 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 the Released Parties or others such as volunteers and trainers, and I assume full responsibility for my participation.
I acknowledge and understand that while participating in The Event:
- My personal property may be lost, damaged, or stolen at no responsibility of the Released Parties.
- 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 Event.
III. PARTICIPATION AND MEDICAL RESPONSIBILITY:
I, the undersigned participant, voluntarily engage in The Event, acknowledging my sole responsibility to ensure my physical and medical fitness for participation. I affirm I am not pregnant and have no medical conditions preventing safe engagement.
By signing below, I declare seeking independent medical advice, affirming suitability for participation, and absolving the Released Parties from liabilities due to undisclosed medical information or post-event conditions.
I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release and hold harmless the Released Parties for any and all injury, disability, death, or loss or damage to person or property arising out of or in any way connected with my participation in The Event. This release covers all activities associated with The Event, including but not limited to cold plunges, group interactions, and any other related activities, whether caused by the fault of myself or the Released Parties, to the fullest extent permitted by law.
The participant expressly acknowledges and agrees that The Event involves inherent risks and the Released Parties are released from any liability related to these risks. The participant further understands and accepts the broad scope of this release, covering all aspects of The Event and associated activities.
I agree to indemnify and defend the Released Parties 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 the Released Parties during The Event.
VI. 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.
VII. 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.
IX. PHOTOGRAPH LICENSE
I understand while participating in The Event, 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.
X. 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 The Event to which it refers, jurisdiction and venue shall be the courts of California 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 The Event 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.
XI. 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.