R3, 2022-08-21

NOTE: Bon Vivant Properties does not accept paper waivers, please submit electronically.

Waiver and Release of Liability for Sauna Use

IN CONSIDERATION OF the risk of injury that exists while USING the SAUNA (hereinafter the “Activity”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, personal representatives, executors, administrators, assigns, guests, children, heirs, and next of kin, (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge Paul Porter and Bon Vivant Properties, LLC, located at 1479 Pawnee Drive Dorrington, CA 95223, (hereinafter “Homeowners”) their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result, direct or indirect, of my participation in the Activity.

AGREEMENT, WAIVER, AND RELEASE OF LIABILITY

  1. The use of drugs, medication or alcohol prior to or during the sauna session may lead to dizziness or unconsciousness.
  2. Please consult your physician if you are in doubt of your ability to use sauna.
  3. No guests under the age of 18 are permitted in the sauna unless accompanied by a parent, legal guardian, or supervising and consenting adult.
  4. Please discontinue the use of the sauna if you feel light-headed, dizzy, or heat exhausted.
  5. Sauna sessions should be limited to a maximum of 40 minutes at one time. Please take breaks throughout your sauna session.
  6. It is advisable to drink water before and after the sauna session.
  7. It is advisable to not eat at least one to two hours prior to your sauna session to avoid any ill feelings.
  8. It is advisable to shower prior to your sauna session.
  9. If you have an open wound, you will not be permitted to use the sauna.
  10. Guests using any medications must consult a physician or pharmacist prior to the use of the sauna.
  11. Pregnant women should consult a physician prior to the use of the sauna. Excessive body temperatures have a potential for causing fetal damage during the early stages of pregnancy.
  12. Do not use any lotions, make-up or chemicals prior to the sauna session. These items may block pores and affect perspiration as well as, stain the wood in the sauna or cause irritation to other guests. It is solely your responsibility to monitor your body and its’ reactions and determine if it is appropriate to use the sauna. You alone are responsible for your safety and well-being.

I acknowledge and accept the risks inherent by the use of the sauna. I voluntarily assume the risk of injury, accident or death which may arise from the use of the sauna. I and any of my heirs, executors, representatives, guests, or assigns hereby release me from all claims or liabilities for personal injury or property damages of any kind sustained while on the premises, during the use of the sauna. I agree that this Application and Waiver is in effect for all sauna sessions during my stay on the Property and will not expire unless requested by either party and understand it is my personal responsibility to consult with my doctor regarding my participation.

In the event that any provision contained within this Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect.

By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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Tue May 14, 2024