Sign the Waiver

Sauna by the Hour: Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement

Please read carefully before signing. This document affects your legal rights and will bar your right to sue.

In consideration of being permitted to use the cedar barrel sauna, cold plunge, and related facilities and equipment (collectively, the "Facilities") owned and operated by Matthew Barbaccia d/b/a Sauna by the Hour ("Operator"), I, the undersigned Participant, agree as follows:

1. Acknowledgment and Assumption of Risk

I understand that use of a sauna, cold plunge, and related facilities involves inherent and other risks, hazards, and dangers ("Risks") that may result in property damage, minor or serious personal injury, illness, permanent disability, or death. These Risks include, but are not limited to:

• Hyperthermia, heat exhaustion, heat stroke, dehydration, dizziness, fainting, and loss of consciousness from elevated body temperature.
• Cardiac events, including heart attack, arrhythmia, stroke, or sudden cardiac death, particularly in persons with known or unknown cardiovascular conditions.
• Cold-shock response, hyperventilation, involuntary gasping, cardiac arrhythmia, hypothermia, and drowning associated with cold-water immersion.
• Burns from contact with the heater, stones, steam, hot wood surfaces, or hot water.
• Slips, trips, and falls on wet, hot, icy, or uneven surfaces inside or around the Facilities.
• Cuts, splinters, bruises, and musculoskeletal injuries.
• Allergic, dermatologic, or respiratory reactions to wood, essential oils, steam, or cleaning agents.
• Aggravation of any pre-existing medical condition, including but not limited to heart disease, hypertension, hypotension, diabetes, epilepsy, respiratory conditions, and pregnancy.
• Equipment failure, electrical malfunction, or product defect.
• Negligent acts or omissions of Operator, other guests, or third parties.

I expressly and voluntarily ASSUME ALL RISKS, both known and unknown, even if arising from the negligence of the Operator or others, and assume full responsibility for my participation.

2. Medical Representations and Contraindications

I represent that I am in good physical and mental health and am voluntarily participating with full knowledge of the Risks. I confirm that I am NOT, to the best of my knowledge:

• Pregnant or trying to become pregnant.
• Suffering from heart disease, high or low blood pressure, prior heart attack or stroke, or any cardiovascular condition.
• Suffering from epilepsy, seizure disorder, or any condition that may cause loss of consciousness.
• Suffering from diabetes, kidney disease, or any condition affected by elevated body temperature.
• Under the influence of alcohol, recreational drugs, or any medication that impairs judgment, balance, or thermoregulation.
• At least 18 years of age. Use of the Facilities is strictly limited to adults 18 and older; no one under 18 is permitted under any circumstances.

I have been advised to consult a physician before using a sauna or cold plunge if I have any health concerns whatsoever, and I have done so or have voluntarily elected not to.

3. Rules of Use

I agree to follow all posted rules and verbal instructions, including without limitation: no alcohol or recreational drugs before or during use; limit sauna sessions to no more than 15 to 20 minutes at a time and hydrate between sessions; never use the sauna or cold plunge alone, always use the buddy system; exit the sauna immediately if I feel dizzy, faint, nauseous, short of breath, or unwell; do not pour anything other than plain water on the heater stones; do not modify the temperature controls beyond the posted maximum; enter and exit the cold plunge slowly, do not submerge the head, do not stay longer than personally tolerable; leave the Facilities clean and undamaged at the end of the session.

4. Release and Waiver of Liability

To the fullest extent permitted by law, I, on behalf of myself, my spouse, children, heirs, executors, administrators, personal representatives, assigns, and next of kin, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Operator, its owners, members, employees, agents, contractors, landlords, and property owners (collectively, "Releasees"), from any and all liability, claims, demands, actions, and causes of action whatsoever, INCLUDING THOSE BASED ON THE NEGLIGENCE of the Releasees, arising out of or related in any way to my use of the Facilities, including any injury, illness, death, or property damage I may suffer.

This release does not apply to claims arising from gross negligence, willful misconduct, or any other liability that cannot lawfully be waived under the laws of New York.

5. Indemnification

I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from any loss, liability, damage, or cost (including reasonable attorneys' fees) they may incur arising out of my use of the Facilities or any breach of this Agreement, including claims brought by my family, guests, or estate.

6. Photography and Security

I understand that exterior security cameras may record arrival and departure for safety and incident-documentation purposes. No cameras are present inside the sauna or any changing area.

7. Governing Law and Venue

This Agreement is governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising under this Agreement shall be brought exclusively in the state or federal courts located in New York, and I consent to the personal jurisdiction of those courts.

8. Severability and Entire Agreement

If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior oral or written representations.

9. Acknowledgment

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT (INCLUDING THE RIGHT TO SUE), AND AM SIGNING IT FREELY AND VOLUNTARILY.