Grand Opening 2 Week Pass

WAIVER AND RELEASE OF LIABILITY

Welcome! Before participating in Elemental’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us and to have you release Elemental of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any services. 

If you are a minor in the State of Ohio or in your place of residence, your legal guardian must also sign this Waiver on your behalf. 

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

1. Parties. We are Elemental Wellness, LLC, a Limited Liability Company based in the State of Ohio. In this Waiver, we will refer to ourselves as “Elemental,” “us,” “we,”  and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”

1. The Activities. As part of your services with Elemental, you may participate in transformational and empowering Wellness classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):

1. Cold Plunge

2. Sauna

3. Contrast Therapy.  Contrast Therapy involves alternating between cold plunges with temperatures between 35°F and 45°F (2 °C and 7 °C) and saunas with temperatures between 150°F and 210°F (65 °C and 100°C) and humidity ranging between 0% and 20%. 

4. Hydrogen Bath

5. Bio-hacking

6. Breathwork

1. The Activities may involve physical contact in the form of adjustments or tactile cues from instructors and guides. Please let us know in advance if you prefer not to have any physical contact. 

1. The Activities also apply to any classes that take place outside Elemental’s facilities, including those held outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside our facilities. 

1. Equipment. During the activities, you may use a variety of equipment, which may include, but is not limited to, ice baths, Hydrogen Bath and Finnish and Infrared Sauna (the “Equipment”). Please do not use any equipment not instructed by Elemental. You understand that, while we will do everything reasonably possible to maintain the equipment, it is possible that the equipment may break or fail. The risks associated with any such failure may include those outlined below.

1. Please note that we may add new and different Equipment in the future to provide the Activities that will be similar to the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.

1. Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.

1. The risks associated with Cold Therapy and Ice Baths are drowning, hypothermia, frostbite, heart arrhythmias and heart attack. Cold-water immersion narrows your blood vessels, increasing your heart rate and blood pressure. In Cold Therapy, these reactions can be severe because the entire body is submerged. If you have any medical condition such as heart disease, high blood pressure or diabetes, please consult your medical professional, as taking a cold plunge can have negative and potentially dangerous effects. 

1. Cold Plunge is limited to five (5) minutes per session.

2. There is a step to enter the Cold Plunge area. 

3. The Cold Plunge area carries a risk of slipping due to wet floors. 

1. Due to the increased temperature in a sauna, one may experience lightheadedness, dizziness, or claustrophobia. It is advisable to remain hydrated throughout the session and for several hours afterward.  Our Finnish Sauna is heated using burners and heated rocks, and our Infrared Sauna uses infrared panels. 

1. Saunas are limited to 30 minutes per session. 

2. Our Saunas are wooden structures with wooden seating. There is a risk of splinters. 

3. The floor inside and outside the sauna may be wet and slippery. 

2. Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD. 

1. There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases transmitted through contact with other participants and the use of shared spaces, surfaces, or Equipment. 

1. If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 

2. Using a cold plunge pool or participating in any of our water-based Activities carries the risk of drowning or allergic reactions to the chemicals used to treat the water in the tubs. All water-based activities are undertaken at your own risk.

3. Since rinsing between the cold plunge and sauna is essential, we have an open rinse area in our studio. The floor in this area is wet, so please be cautious to avoid the risk of slipping. 

4. If activities are being performed outdoors, there are additional risks, such as tripping or colliding with human or natural elements, sun exposure, dehydration, insect bites, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.

1. We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.

1. Affirmation of Health. By participating in any Activities with Elemental, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities. 

1. Infrared Sauna cannot be used by anyone who is predisposed to bleeding (hemophilia). 

2. If you have narcolepsy or suffer from seizures, you are at high risk and we will not permit you to use our facilities. 

3. If you are taking any blood thinners or sedatives or anything that causes photosensitization or undergoing any chemotherapy or radiation treatment, you must consult with your physician before considering any of our Activities. 

1. Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Elemental. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.   

1. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Elemental is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities.
   
   

2. Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused and aware of your body’s pain threshold.

3. Digital Protection & Cybersecurity. You acknowledge and accept the potential risks associated with our use of digital platforms, electronic communications, and data storage. While we take reasonable measures to protect your personal information and ensure cybersecurity, we cannot guarantee absolute security. You agree to release us from any liability for any indirect, incidental, consequential, or punitive damages or losses arising from unauthorized access, data breaches, cyber or malware attacks, or other digital security incidents. Please consult our Privacy Policy. 

4. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Elemental Wellness, LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Elemental, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.   

1. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Elemental, whether in person, online, or via video conferencing tool. 

1. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this Agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Ohio or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

1. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Ohio. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Ohio. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand. 

You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms. 

Printed name _____________________________________________________________________________________________

Signature ________________________________________________________________    Date _________________________

Signature of parent or guardian if the participant is a minor _________________________________________________________