LS Franchisor LLC and its affiliates and franchisees (collectively, the “SWTHZ Parties”) are offering the opportunity to experience a cold plunge session (the “Service”). You have requested to participate in the Service and are willing to do so at your own risk and to release the SWTHZ Parties from any associated liability.

You agree to follow all posted, verbal, or other rules, warnings and instructions or directions given by the SWTHZ Parties in connection with the Service.

ACCEPTANCE AND ASSUMPTION OF RISKS
You acknowledge that some risks are unknown and highly dependent on your unique physical and medical condition. The Service can be dangerous and physically strenuous. The Service involves inherent and foreseeable risks which vary depending on the circumstances ranging from minor injuries to major and catastrophic injuries, including but not limited to heart failure, loss of consciousness, and stroke. The SWTHZ Parties do not provide health or medical advice or emergency medical treatment. It is your sole responsibility to conduct your own due diligence regarding your participation in the Service and the associated risks and hazards. 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 Service and you will not participate if doing so goes against the medical advice of your physician or health professional.

YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN OR UNKNOWN, RELATED TO, RESULTING FROM, OR ARISING OUT OF YOUR PARTICIPATION IN THE SERVICE.

Further, you represent to the SWTHZ Parties that: you have no medical, psychological, or other health conditions (including pregnancy) that would indicate that you should not participate in the Service; you understand that the Service could cause serious injury, which may include temporary or permanent disability, death, and/or severe social or economic losses, which risks may not be known or reasonably foreseeable; you have carefully read this Agreement, have had the opportunity to ask questions and obtain information to your satisfaction before participating in the Service; and you understand that, by signing this Agreement and participating in the Service, you are waiving important legal rights you may have against the SWTHZ Parties and their respective staffs, including the right to sue them.

RELEASE OF CLAIMS
You release each SWTHZ Party and each of their respective past, present and future successors, assigns, directors, officers, owners, employees, contractors, agents, representatives, and other personnel (collectively, the "Released Parties") from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind (including reasonable attorneys’ fees), whether known or unknown and whether or not foreseeable, including, without limitation, those for or relating to economic loss, property damage, and/or personal, bodily or mental injury (including loss of life) that in any way relates to, results from, or arises out of your participation in the Service (each a “Claim”). This release applies to any Claim for property damage, bodily injury, or death, even if caused by our or your negligence; provided, however, that the provisions of this paragraph will not operate to release any Released Parties from their own gross negligence, intentional misconduct, or recklessness. In addition to (and not in limitation of) the above release, and to the maximum extent permitted by applicable law, no Released Parties will 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 agree to defend and indemnify the Released Parties from and against any and all Claims that in any way relate to, result from, or arise out of your participation in the Service.

GENERAL PROVISIONS

Governing Law; Waiver of Class Actions, Jury Trials. Any dispute arising out of or relating to this Agreement or your participation in the Service shall be governed by Georgia law without regard to choice of law or conflicts of law principles. You waive your right to consolidate your claims with any others and to proceed as a member of a class in a class action proceeding. You waive your right to trial by jury.

Authorization to Receive Phone Calls, Texts, and Emails. You consent to and authorize the SWTHZ Parties and their agents to call, email, or text you regarding (1) services offered by the SWTHZ Parties, and (2) SWTHZ-related promotions or advertising. You acknowledge that such communications may be sent via auto-dialer, and that standard message and data rates may apply. You may opt out at any time by written request or, for texts and emails, by replying "STOP" in response to a message.

Photography / Videography. In connection with the Service, you consent to be photographed and/or videotaped by the SWTHZ Parties and their respective affiliates and authorized representatives). You further consent to the use of your identity, name, image, and likeness in SWTHZ social media sites and promotional materials, including the brand website(s).

Miscellaneous Provisions. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement will not be impaired. This Agreement is binding on you and your guardians, heirs, personal representatives, successors, and permitted assigns. The SWTHZ Parties’ successors and assigns and the Released Parties are third party beneficiaries of this Agreement. The language in this Agreement will be construed according to its fair meaning and not strictly for or against any person, and without regard for who was responsible for drafting it. This Agreement contains the entire understanding of the parties regarding its subject matter. This Agreement may be amended only by a written document signed by the person against whom enforcement is sought.

BY YOUR SIGNATURE BELOW. YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE CONTENTS OF THIS AGREEMENT, AGREE TO ITS TERMS. AND HAVE EITHER CONSULTED WITH LEGAL COUNSEL OR KNOWINGLY AND VOLUNTARILY WAIVED YOUR RIGHT TO DO SO.

SIGNATURE
If you are under the age of 18 when signing this Liability Waiver, your parent or legal guardian must also execute this Agreement.