LIABILITY WAIVER & RELEASE - ADULT

Please review this document – by signing below you agree to waive/ release certain rights

RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK: PT 1-on-1, LLC ("PT 1-on-1") provides you and the general public with group fitness, sports and skill training, camps, special events (both fitness related, and non-fitness related both in the facility and outside of the facility), and other related services (the "program"). By signing below, you acknowledge and agree to the following: you represent that you are physically fit to participate in the program; prior to participation in the program, you have consulted a physician regarding any limitations or medical risks that you may have in relation to the program; and certify that you are free from any such limitations and medical risks. You further understand and agree that the program involves physical exertion and strenuous physical activity by you, which entails certain risks including serious bodily injury and/or death. For example, physical contact with other participants, equipment or surfaces may occur during the program. With full knowledge of the risks of serious bodily injury and death, and in consideration of the right for you to participate in the program, you voluntarily choose to participate in the program and (i) hereby forever  release, covenant not to sue, discharge  and  waive any and all liability on  behalf of PT 1-on-1,  it's employees, executives, agents, affiliates, member, subsidiaries, partners, sponsors, assigns, and lessees of the premises, consultants, volunteers and contractors (the " releasees") for and from any bodily injury of any kind (including contraction of a virus or infection of any type, such as covid-19), property damage or death , suffered by you as a result of your participation in the program, regardless of whether such bodily injury or death was due to negligence of any kind committed by PT 1-on-1 or the releasees or otherwise, (ii) agree to indemnify and hold harmless PT 1-on-1  and the releasees from any loss, liability or cost they may incur arising out of or related to your participation in the program and any expenses associated with defending any claim brought by you or your representative related to your participation in the program,  and  (iii) assume full responsibility for any risk, bodily injury, death or property damage arising out of or related to your participation in the activities at the event such as exercise, breathwork, and cold plunge.

GOVERNING LAW; ARBITRATION: Notwithstanding your agreement not to sue PT 1-on-1 and the releasees and without PT 1-on-1 or releasees without waiving their rights under the foregoing paragraph, you agree that in the event of any legal action, all such legal proceedings of any kind, including those related to the enforceability of this waiver, shall be arbitrated pursuant to the federal arbitration act, and such arbitration shall be the exclusive, final and binding remedy. The parties agree that the arbitration shall take place in saint louis, Missouri and will be through united states arbitration & mediation (usa&m), applying the internal laws of the state of Missouri (without giving effect to its conflict of laws principles). Judgment upon any award reached by the arbitrator may be entered in any federal or state court having jurisdiction thereof. The arbitration shall take place before a single arbitrator jointly selected (or appointed by the usa&m if the parties are unable to agree upon an arbitrator within ten days). The nonprevailing party shall be responsible for payment of the full costs of the arbitrator and reasonable expenses of the prevailing party including attorney’s fees and expert witness fees. The award rendered by the arbitration shall be entered in any court having jurisdiction. You certify that you have read the foregoing and understand that by signing below, you are waiving and releasing certain legal rights and remedies and intend that your signature be a complete and unconditional release of all liability on behalf of pt 1-on-1 and the releasees to the greatest extent permitted by law.

LIMITATION OF LIABILITY AND NO WARRANTY: You agree that PT 1-on-1 shall not be liable to you for any consequential or indirect damages, including but not limited to lost profits, lost wages, punitive damages, or emotional damages, which may arise from any dispute, claim, cause of action, or any other liability.  Pt 1-on-1 makes no, and disclaims any, warranty of any kind related to the program whatsoever.

SOCIAL MEDIA RELEASE:  I hereby authorize PT 1-on-1 and its affiliates to record my name, likeness, image, voice and participation in film, tape or otherwise for use in all PT 1-on-1 related initiatives. I agree that all photo, video and other production related materials may be edited and otherwise altered at the sole discretion of PT 1-on-1 and used in whole or in part at the sole discretion of PT 1-on-1, whether it be for public or private use. I further agree and understand that i have no rights to any production related to PT 1-on-1 or any benefits derived therefrom, thereby irrevocably and unconditionally releasing and waiving all rights, legal and moral, so that PT 1-on-1 may fully exploit my name, likeness, image, voice and participation in film, tape, social media or otherwise. Pt 1-on-1 agrees to comply with applicable privacy laws.

RELEASE OF FUTURE CLAIMS: You understand and agree that there is a risk that any damage or injury from a potential claim might not now be immediately known, and there is a further risk that such damages and injuries, whether known or unknown as of the date hereof, might possibly become progressively worse and that as a result thereof further damages may be sustained by you or your family. Nevertheless, you desire to release and discharge the company from any claims, and you understand that by the execution of this form you will be precluded from ever asserting such further claims forever and fully. You hereby warrant that you are not aware of any such and relinquish all rights and benefits afforded by section 1542 of the civil code of the state of California, and do so understanding and acknowledging the significance of such waiver of section 1542. Section 1542 of the civil code of the state of California states as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

COLD WATER IMMERSION AND SAUNA WAIVER AND RELEASE AGREEMENT: Important: this is a legal document. Please carefully read and understand this document before signing it. This is a release of liability and waiver of certain legal rights. Please consult an attorney if you have any questions. This is a binding agreement between PT 1-on-1, LLC, its owners, officers, employees, agents, contractors, volunteers, and affiliates (collectively referred to hereinafter as “the company”), and you, your family, your heirs and assigns (collectively referred to hereinafter as “you”). “premises” means the area within the event space where today’s event is taking place from cold plunge, sauna, hot tub, exercise and breathwork takes place, in addition to the parking area and all other common areas at event space. In consideration of your being permitted to participate in the activities of mobility exercise, breathwork, infrared sauna, cold plunge, and all related activities thereto, you agree to the following waiver and release:

ASSUMPTION OF RISK: You acknowledge that sauna, cold plunge and all activities associated with the event put on by PT 1-on-1, thereto have inherent risks, hazards, and dangers for any person that cannot be eliminated, particularly in a safe environment. You are assuming all risks that you encounter while at the premises whether you are using the equipment or not, including but not limited to risks resulting from or in any way associated with the activities of the company, and risks that are caused by or alleged to be caused by the negligence of the company, and risks that are known or unknown by you. This includes but is not limited to all known and unknown risks of sauna, cold plunge, and exercise you understand that these risks, hazards, and dangers include without limitation:  1. That you will fall walking to, from, or at the event premise. 2.  That you will trip over someone getting out of the cold plunge. 3. That you will suffer a heart attack or stroke, or pass out during any of the activities at the event, including cold plunging. You understand the risks, hazards, and dangers of cold plunge, and all its associated activities and have had the opportunity to discuss them with the company. You understand that these activities may require good physical conditioning and an above-average degree of skill and knowledge. You believe you have good physical conditioning and the above-average degree of skill and knowledge necessary to engage in these activities safely. You understand that you have responsibilities and your participation in this activity is purely voluntary. No one is forcing you to participate and you elect to participate despite the risks. You are voluntarily using the services of the company with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept all risks of injury, paralysis or death.

CLIENT RELEASE WAIVER FOR COLD PLUNGE: I agree to take full responsibility for myself as I use the cold plunge and all other rooms/amenities at the event hosted by PT 1-on-1, I accept that i am participating in cold water immersion thru cold plunging and I assume all risk unto myself. I declare myself physically and mentally capable to participate in cold therapy. I will not misrepresent myself to any agents/staff at PT 1-on-1 about my ability to operate all equipment while at this event. I understand that I will receive a cold plunge tour with verbal instructions during my initial visit about the proper use of the equipment. I understand that the instructions and this written waiver are to serve as the primary source of information and education on the use of the cold plunge and the facility being held.

MEDICAL CONDITIONS AND COLD PLUNGE USE: if any of the above conditions apply to you, you agree to consult your physician prior to cold plunge use.

Cardiovascular issues, respiratory disease such as COPD or asthma, obesity or diabetes – individuals suffering from obesity or with a medical history of heart disease, low or high blood pressure, circulatory problems (including Raynaud’s disease), respiratory disease such as COPD or asthma, or diabetes should consult a physician prior to use. Cold stress increases heart rate and blood pressure slightly as a result of initial cold shock response.

Medication – individuals who are using prescription drugs should seek the advice of their personal physician since some medications may induce drowsiness, while others may affect heart rate, blood pressure and circulation.

Alcohol & drug abuse –alcohol also increases the heart rate, which may be further stress the heart. The use of alcohol, drugs, or medications prior to cold plunge is prohibited.

Elderly – the ability to maintain core body temperature decreases with age. This is primarily due to circulatory conditions.

Cold sensitivity– individuals with sensitivity to cold.

Pregnancy – pregnant women should consult a physician before using a cold plunge.

Open wounds: if you have a current open wound, it isn’t recommended to use the cold plunge due to possible infection.

Cold plunge usage recommendations:

• Know your limits- start with short durations
• Avoid cold shock- ease into cold water vs jumping in
• Start at 50-60 Fahrenheit
• Hydrate before and after
• Listen to your body: if you begin to shiver, have numbness, tingling, confusion get out of water
• Warm body up before with a bit of exercise
• Slowly get in with legs first and then work your whole body into the water.
• Start slowly and gradually build up your tolerance- start with short exposure and gradually increase the duration and intensity of cold-water immersion
• Always have a buddy
• Avoid cold water shock: avoid with deep breaths and enter water slowly. Avoid jumping into cold water to avoid this
• Don’t stay in for longer for 5 minutes
• Breathing techniques: focus on long, slow breaths with long exhales.

I voluntarily agree to assume all the foregoing risks and accept sole responsibility for any injury to myself and/or my child(ren) (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability or expense, of any kind, that i and/or my child(ren) may experience or incur in connection with using the facilities (“claims”). I hereby release, covenant not to sue, discharge, and hold harmless the company, its employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions or negligence of the company, its employees, agents, and representatives, whether a covid-19 infection occurs before, during or after my and/or my child(ren)’s use of the facilities. I further knowingly and voluntarily waive and relinquish all rights and benefits under California civil code section 1542, which provides: "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party." You hereby acknowledge that you have carefully read, clearly understand, and voluntarily agree to this waiver and release agreement. You understand that you have given up substantial rights by signing it, and you sign it freely. You intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law, and you agree that if any portion of this agreement is held to be invalid, the balance shall continue in full force and effect. This contract contains a binding arbitration provision which may be enforced by the parties.

Please sign here to notify us you have read the information above *

I acknowledge that I have read and understand the PT 1-on-1, LLC waiver and give consent to voluntarily undergo activities at this event.