Release of Liability
In exchange for participation in the activity of Ice Bath organized by Plunge40, of 2600 Ocean Front Walk, Santa Monica, California, 90405 and/or use of the property, facilities, and services of Plunge40, I, ________________________________ agree for myself and (if applicable) for the members of my family, to the following:
1. 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 Plunge40, or the employees, representatives, or agents of Plunge40.
2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with cold water immersion and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Plunge40 for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Plunge40, whether caused by the fault of myself, my family, Plunge40 or other third parties.
Risks of Activity. The Product is not intended for use in medical applications and should not be used in any such application. The Product is not recommended for pregnant or breastfeeding women and children. Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. It is not recommended to exceed 10 minutes in an ice bath. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include but are not limited to: extreme physical demands associated with exposure to cold water immersion, entering and exiting the cold water container, and Participant’s poor health or physical condition, and mental distress from exposure to any one of the above. THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.
It is my sole responsibility to consult with my medical provider and legal counsel about the Services and this Release beforehand. I acknowledge and agree the Plunge40 Parties have not made any assertions or promises regarding whether it is safe for me to participate. I acknowledge I have no physical conditions, infirmity, history, cardiovascular disease or defects that will increase my risk of injury from the Services. If at any time, the preceding sentence is no longer true, I agree to immediately stop and discontinue my participation unless and until my physician approves. I consent to receive any medical treatment deemed necessary if I am injured or require medical attention while participating with Plunge40. I agree I am solely responsible for all costs related to such medical treatment and any related medical transportation.
3. Indemnification. I agree to indemnify and defend Plunge40 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 or my family's use of or presence upon the facilities of Plunge40.
4. Fees. I agree to pay for all damages to the facilities of Plunge40 caused by any negligent, reckless, or willful actions by me or my family.
5. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
6. 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. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Plunge40 has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.
7. 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.
8. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's 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. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this agreement, as well as any other statute or common law principles of similar effect.
9. Enforceability. 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 applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
10. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:
Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I HAVE CAREFULLY READ THE ASSUMPTION OF RISK AND ACKNOWLEDGE I AM IN GOOD HEALTH. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. I HAVE SIGNED THIS RELEASE OF LIABILITY FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.