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SPA SERVICES LIABILITY WAIVER

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Spa Services Waiver
of legal age, in full use of my capacity, hereby acknowledge and agree to the following terms and conditions regarding my use of the spa services at Vie Harmony / Tierra Encantada (hereinafter referred to as V.H/T.E):

I desire to participate, access, and use V.H/T.E’s equipment and facilities relating to hot and cold hydrotherapy, ice bath, sauna, hot tub, and other therapeutic activities (collectively, the “Services”). Before participating, I understand that I must read, accept, and agree to be bound by this entire waiver agreement. I understand that V.H/T.E and its employees, agents, contractors, subcontractors, principals, members, representatives and successors (collectively hereinafter called “V.H/T.E”), are relying on my agreement to all the terms, conditions, and statements below before providing me the Services.

I understand the benefits and also the possible consequences and dangers of the SPA Services offered by V.H/T.E, which are potentially hazardous activities and involve risks which may result in serious injury or harm.
I AM AWARE AND UNDERSTAND THAT THESE SERVICES INVOLVE POTENTIALLY DANGEROUS ACTIVITIES AND INCLUDE THE RISK OF SERIOUS INJURY, DISABILITY, DAMAGE OR DEATH. DESPITE THE RISKS, I ACKNOWLEDGE I AM VOLUNTARILY PARTICIPATING IN THE SERVICES WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE OR LOSS ARISING IN CONNECTION WITH MY PARTICIPATION IN THE SERVICES, WHICH I DO ON MY OWN DECISION AND ASSUMING MY OWN RISK.

I UNDERSTAND THAT EVEN WHEN USED PROPERLY, THE COLD PLUNGE SERVICE AND EQUIPMENT MAY CREATE INHERENT RISKS THAT CANNOT BE ELIMINATED, REGARDLESS OF THE CARE TAKEN. SUCH RISKS MAY INCLUDE ADVERSE AND SEVERE RESPONSES TO EXTREME HEAT AND COLD, HEAT EXHAUSTION, DEHYDRATION, CARDIAC STRESS, HEART ATTACK, STROKE, BLOOD PRESSURE CHANGES, TACHYCARDIA, FAINTING, VOMITING, NAUSEA, INFECTION, BURNS, AND DROWNING. I UNDERSTAND THAT SUCH INHERENT RISKS EXIST AND ARE SUBJECT TO UNFORESEEABLE FACTORS INCLUDING, BUT NOT LIMITED TO, MY LEVEL OF PERSONAL HEALTH, LIFESTYLE, CARDIOVASCULAR FITNESS, DRUG USE, AND GENETICS/PREDISPOSITIONS. I ALSO UNDERSTAND THAT THE PRESENCE AND ACTIONS OF OTHER T.E. CLIENTS PARTICIPATING IN THE SERVICES WITH ME MAY INCREASE THE RISKS TO ME. DESPITE THIS ALL, I AM VOLUNTARILY ASSUMING ALL THE INHERENT RISKS AND DANGERS CONNECTED THE COLD PLUNGE EQUIPMENT AND SERVICES.

I ALSO UNDERSTAND THAT V.H/T.E DOES NOT HAVE AND IS NOT OFFERING ME ANY MEDICAL SERVICE, EMERGENCY RESPONSE OR RESCUE OPERATIONS. THEREFORE, I HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST V.H/T.E ON ACCOUNT OF MY INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE OR LOSS ARISING FROM (OR ATTRIBUTABLE TO) MY PARTICIPATION IN THE SERVICES (AND USE OF V.H/T.E.’S EQUIPMENT). I UNDERSTAND AND AGREE THAT THIS WAIVER AND RELEASE APPLIES EVEN TO CLAIMS THAT ARISE FROM (OR ARE ATTRIBUTABLE TO) V.H/T.E. NEGLIGENCE ACTIONS OR OMISSIONS. I PROMISE AND AGREE NOT TO SUE OR BRING ANY SUCH CLAIMS AGAINST V.H/T.E. AND FOREVER RELEASE AND DISCHARGE T.E. FROM ANYLIABILITY UNDER SUCH CLAIMS.
I certify that I am aware of my own health condition and affirm that I am physically fit to participate in the spa services. I acknowledge that it is my responsibility to consult with a medical professional prior to using any of the spa services offered at V.H/T.E if I have any concerns about my health or ability to participate.

I acknowledge that Vie Harmony / Tierra Encantada and its staff are not responsible for any accidents, injuries, or damages that may occur as a result of my use of any of the Spa Services, regardless of whether such harm is caused by negligence or otherwise.

I agree to release, indemnify, and hold harmless Vie Harmony / Tierra Encantada, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, liabilities, actions, or demands, including any medical fees or legal fees, arising out of or related to my use of the Spa services.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL THE TERMS IN THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ANY/ALL OF THE TCP PARTIES AND TO RECOVERY DAMAGES EVEN IF ANY LAWSUIT IS PERMITTED. I FURTHER ACKNOWLEDGE THAT THIS WAIVER SHALL BE BINDING UPON MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS.
By signing below, I acknowledge that I am of legal age and competent to sign this waiver, and I voluntarily agree to all of its terms.
Please sign, print your name, and provide your email and phone number above before using the cold plunge at Tierra Encantada.
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