Assumption of Risk & Liability Waiver

In consideration of being permitted to use the Sauna facilities, you the user hereby execute this Assumption of Risk and Liability Waiver Form (the ‘Waiver’) upon making your appointment either online or in person. This Waiver covers the entirety of your period of use of the Sauna pursuant to the associated booking agreement with Klys Coastal Sauna – Isle Of Wight (the ‘Owner’, the 'Sauna').

For the purposes of this Waiver the “Owner Related Parties” refers to the Owner’s management, employees, subcontractors, agents and representatives, volunteers, sponsors, insurance carrier or equipment suppliers.

This Waiver relates to the use of the “Sauna” being the allotted time slot and other related facilities including without limitation, the pathways, entrances to including steps, showers situated within the immediate vicinity of the Sauna and does not relate to any space outside of the immediate vicinity of the sauna facilities.

Risk Factors

I understand and acknowledge that my use of the Sauna involves risks including, but not limited to the risk of property damage, bodily injury and possibly death.

These risks may result from a variety of circumstances including, but not limited to;

Use or misuse of the Sauna
Actions of myself and/or others, including without limitation actions of the Owner or any Owner Related Party
Lack of supervision of the Sauna by trained personnel or otherwise; and/or
Unavailability of emergency care.

Acknowledgement of Sauna Rules & Regulations

I acknowledge, warrant and confirm as follows:

This Sauna is not supervised inside the Sauna by the Owner, its employees or any Owner related parties
I have read and agree to comply with all of the Sauna rules & Regulations and understand that the safe and proper use of the Sauna is dependent upon strict compliance with the Sauna’s Rules & Regulations.
I have no health problems whatsoever which preclude me from using the sauna.
I have the requisite skill, qualification, physical ability and training necessary to properly and safely use the Sauna, should I have any questions as to what skill, qualification, or training necessary to properly and safely use the Sauna, then I shall direct such questions to my physician and or the appropriate individuals.
I understand that the Owner reserves the right to revoke or terminate my authorisation to use the Sauna for any violation of this Waiver, or the Sauna Rules & Regulations.

Assumption of Risk

I am electing to use the Sauna of my own free will and confirm that my decision to use the Sauna and to execute this Waiver is entirely voluntary, I assume full responsibility for all risks that may arise out of or result from, directly or indirectly, my use of the Sauna, including, but not limited to the risks described in Section 1 above. Excepted from this section are any injuries caused by the negligence or willful misconduct of the Owner or any Owner Related Party.

Payment for Damages

I agree to pay for any and all damages to any property belonging to the Owner or any Owner Related Party caused by me negligently, wilfully or otherwise. I agree to the cleaning charge of £60 that will be applied if any of the wooden surfaces require prolonged attention due to staining from lotions, ointments due to lack of appropriate towel use.

Insurance

I understand that I am solely responsible for any medical, health or personal injury costs relating to my use of the Sauna. I understand that I am strongly encouraged to have a medical physical examination prior to the use of the Sauna.

Jurisdiction

This Waiver and any disputes arising therefrom shall be governed by the laws of the United Kingdom.

Release Waiver and Indemnity

I, my spouse (if any), heirs, executors, administrators and assigns, hereby release, waive, discharge hold harmless covenant not to sue the Owner nor any of the Owner-related parties for any and all claims, liabilities, judgements, costs and expenses related to such claims, for any property damage, property loss or theft, personal injury or illness, death or other loss arising from or relating to my use of the Sauna, I also agree to defend, indemnify and hold harmless the Owner and Owner-related Parties from and against any claims, including, without limitation, claims made by other Sauna users, employees, rescuers or any other person, arising from or related to my own acts or omissions in connection with my use of the Sauna.

I hereby further waive any protections afforded by law in respect of any claims arising from my use of the Sauna, including unknown future claims.

Severability

If any provision or part-provision of this Waiver is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provisions or part-provision shall be deemed deleted. It is the express intention of the parties that any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Waiver.

Merger

This waiver together with the terms of the Sauna Rules and Regulations as provided to the Sauna User set forth the entire agreement between parties with respect to the use of the Sauna. There have been no additional oral or written representations or agreements of or with the Owner or any Owner-related Party on which I have relied in entering into this Assumption and Waiver.

Localities

Klys Coastal Sauna has no affiliation with the private land and business owners and will not be liable to any damages.

Waiver

By making an appointment and using the Sauna you confirm that you have read and fully understand the Sauna Rules and Regulations, benefits, risks and tips, and this Waiver and understand that it relates to the surrendering and releasing of my legal rights. Upon such you agree to this Waiver freely and voluntarily, with the full intent of releasing the Owner and Owner Related Parties from liability for injury or loss due to the inherent risks of my use of the Sauna.

Waiver created and signed by

Klys Coastal Sauna – Isle Of Wight