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Waiver

RELEASE OF LIABILITY AND EXPRESS ASSUMPTION OF RISK

I (individually and on behalf of myself, any members on my membership agreement, any minor for which I am responsible, and any of my guests) represent that I am in good health, at least 18 years of age, have the necessary current medical approval to engage in physical exercise, Pilates-based, and Lagree Fitness instructional classes and infrared sauna sessions at LAGREE RED (Carlsbad location) and have no disability, impairment, injury, disease or ailment preventing me from engaging in physical exercise and fitness based instructional classes which would cause risk of injury or adverse health consequences as a result of engaging in physical exercise and fitness based instructional classes. 

FULL SPECTRUM INFRARED SAUNA AGREEMENT/ ACKNOWLEDGEMENT

1. The use of drugs, medication or alcohol prior to or during the sauna session may lead to dizziness or unconsciousness.

2. Clients using any medications must consult a physician or pharmacist prior to the use of the sauna.

3. Please consult your physician if you are in doubt of your ability to use the far infrared for health reasons.

4. No one under the age of 18 is permitted in the far infrared sauna unless accompanied by a supervising adult.

5. Discontinue the use of the sauna if you feel light-headed, dizzy or heat exhausted.

6. Sauna sessions should be limited to no more than 45 minutes and temperatures must stay below 150 degrees Fahrenheit.

7. Plastic water bottles are not permitted in the sauna.

8. Clients using any medications must consult a physician or pharmacist prior to the use of the sauna.

9. Pregnant women should consult their physician prior to the use of the sauna. Excessive body temperatures have a potential for causing fetal damage during the early days of pregnancy.

I acknowledge that LAGREE RED is relying upon this representation and warranty, and I understand that LAGREE RED does not and will not investigate or certify my health or my fitness to participate in physical exercise and fitness based instructional classes. In consideration of LAGREE RED’s agreement to allow me to participate in any activity or be present upon LAGREE RED’s premises, I (individually, as agent for and on behalf of my spouse, partner, heirs, children, unborn children, next of kin, distributes, guardians, legal representatives, and assigns) do hereby knowingly, voluntarily and intentionally, fully, absolutely and completely agree that if I engage in any physical exercise or activity or am present at any LAGREE RED facility or LAGREE RED’s hosted events, I do so or am present at my own risk and assume the risk of any and all injury, contracting a virus or disease, and/or any other damage while on the premises and/or engaging in any physical exercise or activity. My assumption of risk includes, without limitation, my use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, lobby area, or any equipment in or about the LAGREE RED facility. I agree that I am voluntarily participating in the aforementioned activities and using any LAGREE RED equipment, facilities and premises and assume all risk of injury, contracting a virus, disease or other illness, damage, or loss to me or my property that might result, including, without limitation, any loss or theft of any personal property. 

I agree to forever release and discharge LAGREE RED and any of their related companies and their owners, shareholders, officers, directors, employees, instructors, trainers, contractors,agents, representatives, insurers, successors and assigns (cumulatively “Releasees”) from any and all claims or causes of action (known or unknown) arising out of the negligence, whether active or passive, of any Releasees. By execution of this Agreement, I hereby agree to indemnify and hold harmless Releasees from any loss, liability, damage, or cost any Releasee may incur due or related to my presence at any LAGREE RED facility and hosted events, as permitted by the laws of the state of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I understand that LAGREE RED has security video cameras installed at its facilities which records audio and video. By being on any LAGREE RED premises or attending or participating in any LAGREE RED activity, whether on or off the premises, I consent to being audio and/or video recorded. This provision shall survive termination of the Agreement. 

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I ACKNOWLEDGE THAT THIS RELEASE WAS NEGOTIATED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT, AND THAT BY MY SIGNATURE BELOW, AND/OR BY USING OR BEING PRESENT ON LAGREE RED’s PREMISES OR ACCEPTING ANY LAGREE RED SERVICES, I USE THE FACILITY OR ACCEPT THE SERVICES SUBJECT TO THIS RELEASE.

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