VIGO. SAUNA PLUNGE CLUB LLC

LIABILITY WAIVER, RELEASE, AND EXPRESS ASSUMPTION OF RISK AGREEMENT

NOTICE: THIS IS A LEGALLY BINDING DOCUMENT. BY SIGNING, YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ IT CAREFULLY.

1. Parties and Location

This Liability Waiver, Release, and Express Assumption of Risk Agreement ("Agreement") is made and entered into by and between VIGO. SAUNA PLUNGE CLUB LLC (d.b.a. ViGO), its owners, managers, employees, agents, representatives, affiliates, successors, and assigns (collectively, "ViGO"), and the undersigned Member/Client/Participant ("Participant").

The activities covered by this Agreement take place at the ViGO facility located in Palm Springs, California, including the contrast therapy area, changing rooms, and surrounding premises (the "Premises").

2. Nature of Activity and Inherent Risks

The Participant acknowledges and understands that the activities offered by ViGO include the use of high-heat saunas (Infrared or Traditional), cold plunge pools/ice baths, and the alternation between them, as well as the use of any on-site hot tubs, showers, common areas, or related aquatic equipment (collectively, "Contrast Therapy" or the "Activities").

The Participant understands that these Activities are strenuous and physically demanding, and involve inherent risks, dangers, and hazards that cannot be entirely eliminated, including but not limited to:

  • Heat-Related Risks: Hyperthermia, overheating, dehydration, heat stroke, heat exhaustion, lightheadedness, dizziness, fainting, and burns.

  • Cold-Related Risks: Hypothermia, frostbite, severe cold shock, cardiac stress, and adverse cardiovascular events.

  • Physical Injury Risks: Slips, trips, and falls on wet, slippery, or uneven surfaces around the sauna, plunge area, or changing rooms; accidental contact with equipment or other Participants; muscle strains, sprains, or other bodily harm.

  • Equipment Risks: Equipment malfunction, failure of heating or cooling elements, or improper maintenance of the sauna or cold plunge unit.

  • Staff Action Risks: Negligent instruction, supervision, or decision-making by ViGO staff regarding the Activities.

3. Representation of Fitness and Health

The Participant hereby represents and warrants that: a) They are in good physical and mental health and are physically and psychologically able to participate in the Activities. b) They do not have any medical condition, injury, impairment, or disease (including, but not limited to, pregnancy, cardiovascular conditions, high blood pressure, low blood pressure, or respiratory conditions) that would prevent them from engaging in Contrast Therapy or would cause an increased risk of injury or adverse health consequences. c) They have consulted with a physician and received medical clearance to participate in Contrast Therapy, or have chosen to participate without medical advice, accepting full responsibility for any risks incurred. d) They will immediately stop the Activity and seek assistance from staff if they feel dizzy, nauseous, faint, confused, or experience any pain or discomfort.

4. Express Assumption of Risk

THE PARTICIPANT HEREBY EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS associated with participating in the Activities and using the Premises, whether known or unknown, and whether caused by the Participant’s own actions or the actions or inactions of others, including the NEGLIGENCE of ViGO. The Participant agrees that their participation in the Activities is entirely voluntary and is done with full knowledge of the potential risks involved.

5. Waiver and Release of Liability (Including for Negligence)

The Participant, on behalf of themselves and their personal representatives, heirs, executors, administrators, next of kin, and assigns, hereby WAIVES, RELEASES, AND FOREVER DISCHARGES ViGO from any and all claims, demands, losses, or liabilities which the Participant may have or hereinafter accrue to the Participant, including but not limited to: a) Any injury, illness, death, or property damage resulting from, or in any way connected with, the Participant’s presence at the Premises or participation in the Activities. b) Any claims based upon the NEGLIGENCE (whether active or passive, ordinary or gross), breach of warranty, or strict liability of ViGO.

6. Indemnification Agreement

The Participant hereby agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS ViGO from and against any and all losses, damages, liabilities, and expenses (including reasonable attorneys' fees and costs of litigation) that ViGO may incur as a result of: a) Any claim, suit, or demand made by the Participant or any third party arising out of the Participant’s use of the Premises or participation in the Activities, including any claims resulting from ViGO’s alleged negligence. b) Any breach by the Participant of this Agreement or any published ViGO rules or regulations.

7. Acknowledgment of Rules and Regulations

The Participant agrees to read and abide by all rules, regulations, and instructions posted at the Premises or given verbally by ViGO staff, including but not limited to the ViGO Safety Tips: “always listen to your body. Break when you need and hydrate often! If you feel dizzy, nauseous, or faint, exit immediately and seek staff assistance.”

8. Media Release and Consent

The Participant hereby grants ViGO, and its successors, assigns, and licensees, the irrevocable right and permission to photograph and/or record the Participant, their image, voice, appearance, statements, and likeness while on the Premises or during participation in the Activities. The Participant consents to the use of these photographs and/or recordings, in whole or in part, for any lawful purpose, including but not limited to advertising, publicity, promotion, and commercial use in any media now known or later developed (including the internet and social media). The Participant understands and agrees that they shall receive no compensation, now or in the future, for the use of their image or likeness and hereby waives any right to inspect or approve the finished product.

9. Governing Law and Severability

This Agreement shall be governed by and construed under the laws of the State of California. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.

BY CLICKING AGREE BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE AGREEMENT, I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE), AND I AGREE TO BE BOUND BY ITS TERMS.