RELEASE OF LIABILITY | Wim Hof Method WHM Activities

READ BEFORE SIGNING

In consideration of and in exchange for being permitted to participate in the activity of  Wim Hof Method Activity, WHM Activity, organized by Live Lovelee LLC and Elizabeth Lee, Elizabeth Lee on the date of ______________________________ and/or use of the property, facilities and services made available by Elizabeth Lee, I, ___________________________, of __________________________________, acknowledge, appreciate, and agree that:

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings (see terms and conditions) and further agree to follow any oral instructions or directions given by Elizabeth Lee, Innerfire, or the employees or representatives of Innerfire. 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 official immediately.

I declare that I will always apply the techniques taught, including but not limited to breathing exercises and physical exercises, in a safe environment (e.g. sitting on a couch/floor) and unforced. I will never practice the techniques before or during diving, driving, swimming, taking a bath or any other environment/place where it might be dangerous to faint. I understand that the breathing exercise has a profound effect and should be practiced in the way it is explained.

2. ASSUMPTION OF THE RISKS. I recognize on behalf of self, spouse, heirs, estate and assigns that the risk of injury from the activities involved in this program is significant. I recognize that severe injuries, including permanent paralysis or death can occur in sports or activities involving height or motion, the activities including but not limited to breath work, meditation, training routines with ice/cold/heat, physical exercises pertaining but not limited to yoga, swimming, running, climbing, and hiking and may be caused by terrain, facilities, temperature, extreme cold, ice baths, weather conditions, condition of participants, equipment, vehicular traffic, breathing exercises, lack of hydration, or other factors. Potential injuries include but are not limited to heart failure, loss of consciousness, and stroke and may be caused by terrain, facilities, temperature, extreme cold, ice baths, weather conditions, condition of participants, equipment, vehicular traffic, breathing exercises, lack of hydration, 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 ELIZABETH LEE, INNERFIRE or others such as volunteers and trainers, and I assume full responsibility for my participation.

I acknowledge and understand that while participating in the activity of WHM Activity:
● I may be injured, physically or mentally, or may die.
● My personal property may be lost, damaged or stolen at no responsibility to
Elizabeth Lee or any of her agents.
● 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 activity.

3. RELEASE. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Elizabeth Lee, Innerfire, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event, for ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property arising out of
my presence upon any facilities where Innerfire related program and/or training is taking place, whether caused by the fault of myself, Elizabeth Lee, Innerfire, or other associated third parties, to the fullest extent permitted by law.

4. INDEMNIFICATION. I agree to indemnify and defend Elizabeth Lee and Innerfire 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 Innerfire.

5. 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.

6. 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.

7. 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 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.

8. 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.

9. EMERGENCY CONTACT. In case of an emergency, please call _________________

(Relationship: ___________________________________)

10. GOVERNING LAW. This Agreement shall be governed and interpreted in accordance with the laws of the (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 WHM activity to which it refers, jurisdiction and venue shall be the courts of Denver, Colorado and Austin, Texas, 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 WHM activity 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.

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.

Name…………………………………………………………….

Date………………………………………………………………

Signature………………………………………………………….

I understand and agree this is a legal representation of my signature.

HEALTH DECLARATION

Name: ………………………………………………………. M | F | N/A

Date of birth: …….. / ………. / ..…….

Address: ……………………………………………………………………………………………………………………………….

Zip code: ………………………………….. Place: …………………………………………………………..

(Mobile)phone:…………………………………….

E-mail: ………………………………………………………….

Questions regarding your overall health

_____________________________Yes  No
1. Are you currently healthy? ☐  ☐
………………………………………………………………………………………………………………………

2. Do or did you suffer from one of the following conditions:
● Heart diseases? ☐ ☐
● Serious hypertension? ☐ ☐
● Epilepsy? ☐ ☐
● Kidney failure? ☐ ☐
● Serious asthma? ☐ ☐
● Recently performed surgery? ☐ ☐
● Migraine? ☐ ☐
………………………………………………………………………………………………………………………
● Auto-immune diseases (such as rheumatism, MS, Crohn, diabetes, asthma), if so, which? ☐ ☐
…………………………………………………………………………………………………………………..
● Other conditions ☐ ☐
………………………………………………………………………………………………………………………

3. Do you currently use:
● Medication for the heart ☐ ☐
● What medication do you use? ☐ ☐
………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………..

4. Are you allergic to a certain substance? (food/environment etc.) ☐ ☐
……………………………………………………………………………………………………………………..

5. Are you currently pregnant or do you wish to become pregnant? ☐ ☐

6. Is there anything else your practitioner should know about? ☐ ☐
………………………………………………………………………………………………………………………

7. I hereby declare to have filled out this form truthfully. ☐ ☐

 

Date: ……./ ………/ ……..
Participant signature:

WOOD BURNING SAUNA USE AGREEMENT, POLICIES, WAIVER AND RELEASE OF LIABILITY

I, __________________________________________ (herein after referred to as “Client”) desire use of the wood burning sauna (herein after referred to as the “Goose”), owned by Elizabeth Lee of Livelove Lee LLC (herein after referred to as “Elee”), Client agrees to the following terms and conditions therein:

1. I acknowledge and affirm that I am in good physical condition, including the absence of any skin conditions that may react to the facility provided by Elee, and have consulted with a physician who approves Client’s use of the Goose.

2. I acknowledge that I will be engaging in activities that involve risk of serious injury, including permanent disability and death, in which severe social and economic losses may result not only from my own actions, inactions, or negligence, but from the action, inaction, or negligence of others including but not limited to Elee, the condition of the Goose and/or other risks that may not be known to Client at the this time.

3. I further acknowledge that there are potentially dangerous conditions that are present in the Goose, including without limitation, extreme heat, extreme humidity, slippery surfaces and floors, hot surfaces, hot steam and fire.

4. I agree that before I use the Goose that I will thoroughly inspect and examine the
facilities to determine whether said facilities and/or equipment are in safe proper working condition. In the event that I determine that anything related to the facility is unsafe, I will immediately advise and inform Elee of the unsafe condition and I will not utilize the Goose and/or the equipment therein until such conditions are corrected and made safe for use by Client.

5. DESPITE BEING AWARE OF THE RISKS INVOLVED FOR THE USE OF THE GOOSE AND ITS RELATED SERVICES, CLIENT VOLUNTARILY DESIRES AND AGREES TO USE THE GOOSE AND ITS RELATED SERVICES. CLIENT ASSUMES ALL FOREGOING RISKS AND ACCEPTS PERSONAL RESPONSIBILITY FOR ANY DAMAGES FOLLOWING SUCH INJURY, PERMANENT DISABILITY, OR DEATH.

6. As further consideration for the privilege to use the Goose and its related services, Client agrees that neither he/she, nor his/her spouse, domestic partner, heirs, assignees, guardians, or legal representatives will make any claim against the Goose or any of its officers, directors, employees, agents, independent contractors, shareholders, insurance companies, attorneys, affiliates, subcontractors, lessors, landlords, and/or its successors in interest for any injury, property loss, and/or damages resulting from Client’s presence and use of the Goose.

7. CLIENT RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE ELEE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSURANCE COMPANIES, ATTORNEYS, AFFILIATES, VENDORS, LANDLORDS, LESSORS, AND/OR ITS SUCCESSORS IN INTEREST (COLLECTIVELY, “RELEASEES”) FROM DEMANDS, LOSSES, OR DAMAGES
ON ACCOUNT OF INJURY, INCLUDING DEATH OR DAMAGE TO PROPERTY,
CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE USE OF THE GOOSE AND ITS RELATED SERVICES.

8. CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD ELEE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INSURANCE COMPANIES, ATTORNEYS, AFFILIATES, VENDORS, LANDLORDS, LESSORS, AND/OR ITS SUCCESSORS IN INTEREST HARMLESS FROM ALL CLAIMS, ACTIONS, OR DEMANDS, WHETHER OR NOT SUCH MATTERS ARE FILED IN A COURT WITH PROPER JURISDICTION OR THROUGH ARBITRATION, THAT MAY RESULT FROM MY USE OF THE GOOSE
AND ITS RELATED SERVICES, INCLUDING WITHOUT LIMITATION, CLAIMS
FOR BODILY INJURY, EMOTIONAL INJURY, SICKNESS, LOSS OF PROPERTY, AND/OR OTHER DAMAGES.

9. I acknowledge that Elee has the right to refuse service and the use of the facilities to any person whose conduct is harassing, offensive, inappropriate or is an unreasonable disturbance to other clients, guests, vendors, employees, agents, and that any such conduct which shall result in the Client’s expulsion and termination of the use of the Goose and its related services, without refund of moneys advanced for such use and services.

I HAVE CAREFULLY READ THE ABOVE USE AGREEMENT, WAIVER AND RELEASE OF LIABILITY AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT VOLUNTARILY.

Dated: _____________________

_________________________________________________
CLIENT SIGNATURE