Introduction:

Please read the following information thoroughly and sign where indicated to participate in the activities offered by Bugu Wellness. These activities include the use of saunas, cold plunge baths, gym and relaxation areas, and other related services (collectively referred to as the “Activities”).

Definition of Released Party:

Bugu Wellness, along with its successors, assigns, directors, officers, members, managers, employees, contractors, agents, representatives, insurers, and other personnel, is collectively referred to as the "Released Party."

Consent to Participate:

Your participation in the Activities is contingent upon signing this Assumption of Risks, Release of Claims, and Indemnification Agreement (the “Release”). Should you choose not to agree to these terms, you will not be permitted to participate in the Activities.

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BY SIGNING THIS RELEASE, YOU WAIVE IMPORTANT LEGAL RIGHTS YOU MAY HAVE, INCLUDING THE RIGHT TO SUE. YOU REPRESENT THAT: (1) YOU UNDERSTAND THIS RELEASE, (2) YOU HAVE CAREFULLY READ THIS RELEASE, AND (3) YOU FREELY ACCEPT AND AGREE TO BE LEGALLY BOUND BY THIS RELEASE.

Assumption of All the Risks:

By their very nature, the Activities involve certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Risks of the Activities vary depending on the circumstances, may increase by performing them incorrectly, and may include occurrences such as falls, fainting, communicable disease, loss of balance or dizziness, twisted joints, bruises, injured bones or muscles, exhaustion, encounters with or impacts to or from other participants, or other incidents that could result in property damage and injuries ranging from minor injuries to major and catastrophic injuries, such as spinal injury, head trauma, brain damage, paralysis, or even death.

No Medical or Health Advice:

The Released Party does not provide health or medical advice or treatment, and it is your sole responsibility to conduct your own due diligence, to your satisfaction, as to the Activities. You acknowledge and agree that it is not possible to specifically list every risk associated with the Activities and that some risks are unknown.

Voluntariness:

All the Activities are voluntary, and you are solely responsible for determining whether the Activities are suitable for you and assessing the risks and hazards of participation.

Consult with Health Professionals:

You acknowledge and agree that you are solely responsible for consulting with a physician or health professional prior to and regarding your participation in the Activities. You represent and warrant that you have no medical, psychological, or other health conditions that would prevent, hinder, or otherwise affect your full participation in the Activities or cause harm to you or others.

Your Especial Health Conditions:

If you are pregnant, you represent and warrant that you have sought medical advice and obtained the approval of your physician or health professional prior to participation in the Activities. You acknowledge and agree that if, at any time, you believe conditions to be unsafe, you will immediately discontinue further participation in the Activities and report any unsafe conditions to Bugu Wellness.

No Medical Advice by Us:

You acknowledge and agree that the actual results of the Activities may vary based on a range of circumstances affecting you, and the Released Party has not made any representations or warranties as to the results that may be obtained from the Activities. You acknowledge and understand that the Released Party does not diagnose illness or prescribe medical treatments or pharmaceuticals, that the Activities are not medical in nature and are not a substitute for diagnosis and treatment by a medical professional, and that the Released Party has not made any representations or warranties as to the advisability of your participation in the Activities.

Opportunity to Ask Questions:

You acknowledge that you have had the opportunity to ask questions and obtain desired information regarding the Activities to your satisfaction.

THE PARTICIPANT VOLUNTARILY ASSUMES ALL RISKS, KNOWN OR UNKNOWN, RELATED TO, RESULTING FROM, OR ARISING OUT OF THE PARTICIPANT’S ATTENDANCE AT OR PARTICIPATION IN THE ACTIVITIES.

Risks of Sauna and Ice Bath Activities:

Without limiting the generality of the foregoing, you acknowledge and agree that the Activities may include the use of sauna and ice bath therapy and related activities (commonly referred to as “Sauna & Ice Bath Contrast Therapy”), which, like all the Activities, involve certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Risks of Sauna & Ice Bath Contrast Therapy vary depending on the circumstances, may increase by incorrectly using or misusing Sauna & Ice Bath Contrast Therapy, and may include occurrences such as extreme heat, heat exhaustion, dehydration, extreme cold, slippery surfaces and floors, and exposure to substances emanated from, or used to operate or maintain associated equipment, in addition to the other risks associated with all the Activities.

DO NOT PARTICIPATE IN THE ACTIVITIES:

You acknowledge and agree that if any of the following apply to you or are experienced by you, you will not use, and will immediately discontinue further use of, Sauna & Ice Bath Contrast Therapy and other Activities, unless and until your physician or licensed health professional approves your participation in such activities:

• Use of prescription medication;
• Cardiovascular conditions, including use of a pacemaker or defibrillator;
• Substance abuse;
• Chronic conditions;
• Joint injury or any infections;
• Surgical implants;
• Pregnancy;
• Hemophilia;
• Fever;
• Heat sensitivity;
• Skin infections, including staph infections or any open or infected wounds, as these can be exacerbated by heat or cold and may pose a risk to both you and others.
• Dizziness, pain, or discomfort during use of a sauna, participation in ice bath therapy, or participation in any related activities; and
• Consumption of alcohol, marijuana, or any other psychoactive substances that may impair your judgment, coordination, or ability to safely participate in the Activities, whether consumed prior to or during your participation.

Cautions for High-Risk Individuals:

You understand and acknowledge that some specific conditions, including but not limited to the following conditions, increase the risks associated with the Activities:
• Heart Conditions: Extreme temperatures in saunas and ice baths may affect individuals with heart conditions or hypertension.

• Circulatory Issues: Individuals with poor circulation may experience worsened conditions in cold temperatures.
• Raynaud's Disease: May cause numbness in extremities due to cold exposure.
• Open Wounds: Cold temperatures can delay the healing of open wounds.
• Pregnancy: Pregnant women are advised against exposure to extreme temperatures.
• Low Blood Pressure: Saunas might cause a drop in blood pressure, leading to dizziness or fainting.

Release of Claims; Limitation of Liability; Indemnity:

In consideration of being permitted to participate in the Activities, you release the Released Party from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, whether known or unknown and whether or not foreseeable, including, without limitation, those for or relating to bodily injury, property damage (including but not limited to theft), or loss of life that in any way relates to, results from, or arises out of you attending or participating in any Activities. This Release applies to any claim for property damage, bodily injury, or death, even if caused by the negligence of the Released Party or breach of any contracts or any statutory or other duty of care owing under applicable law in British Columbia. The Released Party will not be liable to you under any cause of action, whether in contract, tort, or otherwise, for any indirect, special, incidental, consequential, or punitive damages, even if advised of the possibility of such damages. You covenant not to make or bring any claim against the Released Party and forever discharge and indemnify the Released Party from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind that in any way relate to, result from, or arise out of attending or participating in any Activities.

Sales of Products and Merchandise

Bugu Wellness may sell drinks, snacks, gear, clothing, and other items at its premises Bugu Wellness shall not be responsible for any deficiencies, problems, or damages that may arise from the use of these items by the purchaser, user, or any third party. By purchasing these items, you acknowledge and agree that Bugu Wellness is not liable for any injuries, damages, or losses to persons or property which may result from the use of these products. This waiver includes, but is not limited to, any defects in the products, improper use, or issues arising from the product design or manufacturing.

Miscellaneous Provisions:

(i) If a court of competent jurisdiction determines that one or more provisions of this Release are unenforceable in any respect, the enforceability of those provisions in any other respect and of the remaining provisions of this Release will not be impaired.
(ii) (ii) This Release is binding on the Released Party, you, and all of your and the Released Party’s respective guardians, heirs, personal representatives, successors, and permitted assigns, and will inure to their benefit.
(iii) (iv) The language in this Release will be construed (a) according to its plain and ordinary meaning and not strictly for or against any person, and (b) without regard for who was responsible for drafting it; (v) the term “person” means any natural person, partnership, corporation, limited liability company, or other type of entity.
(iv) (vi) This Release contains the entire understanding and agreement of the parties regarding its subject matter and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
(v) (vii) this Release may be amended only by a written document signed by the person against whom enforcement is sought.
(vi) In the event that a court of competent jurisdiction determines that any provisions of this Release are not valid, in no event shall the Released Party’s aggregated liability arising out of or related to the Activities exceed the greater of (1) the total amount paid by you to Bugu Wellness in the 6 months preceding the event giving rise to the claim, and (2) $500.00.
(vii) (ii) This Release shall be governed by the applicable laws of British Columbia.

By ticking yes below, you are signing the Release and representing that you have read and understood the contents of this Release, agree to its terms, and have either consulted with legal counsel or knowingly and voluntarily waived your right to do so.

IF THE PARTICIPANT IS UNDER 19 YEARS OF AGE, THE PARENT/LEGAL GUARDIAN OF THE PARTICIPANT MUST SIGN THIS RELEASE FOR THE PARTICIPANT, AND THE SIGNING PARENT/LEGAL GUARDIAN WILL BE RESPONSIBLE FOR THE PARTICIPANT’S WELLBEING AND HEALTH.