SAUNA RULES, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, WARNING AND INDEMNIFICATION AGREEMENT
I, __________________________________, (“Renter”) a person being over the age of twenty-one (21) years old, on my own behalf, hereby enter this SAUNA RULES, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK WARNING AND INDEMNIFICATION AGREEMENT with Danute Senfeldiene (“Owner”) for the temporary rental and use of a wood-burning sauna and backyard area, excluding the pool (the “Service”) at 927 Brookgreen Drive, Cary, NC 27511 (the “Property”).
I fully understand that the Service involves known and unknown risks associated with using a sauna. The Service can be inherently dangerous and represents a tests of a person’s physical and mental limits with heat, health risks associated with such activity, physical trauma, overheating, scalding, strains, bruises, and other conditions, any of which could cause serious bodily injury, including cardiac injuries and heart attacks, permanent disability, paralysis and death; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; inadequate safety measures; situations beyond the immediate control of the Renter and Owner; and other undefined, not readily foreseeable and presently unknown risks and dangers. By my own actions or inactions or the actions or inactions of others participating in the Service, the conditions in which the Service takes place, or the negligence of the Renter or Owner, whether passive or active; and that there may be other risks either not known to me or not readily foreseeable at this time. I am voluntarily allowing myself to participate in the Service, despite the known and unknown risks presented by my attendance and participation in the Service.
I fully understand that I should consult with a physician before participating in the Service. I know my capabilities and limitations and I will not attempt to exceed those capabilities in attending and participating in the Service.
THEREFORE, in consideration of me being permitted to attend and participate in the Service, I expressly and freely agree:
To ASSUME ALL RISK of serious personal injury, including death, and/or damage to or loss of real or personal property and to assume all responsibility for losses, costs and damages I may incur, where such risks or losses arise from or are in any way connected with my attendance at, preparation for or participation in the Service.
To RELEASE, WAIVE and FOREVER DISCHARGE any and all claims, liabilities, losses, demands, damages, costs, expenses, lawsuits, causes of action and judgments I now or hereafter may have or claim to have against Owner resulting from, arising out of or in any way connected with my attendance at, preparation for or participation in the Service, including but not limited to, any claims or damages for personal injuries, including death, and/or damage to or loss of real or personal property, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT of Owner, whether passive or active (excluding gross negligence or intentional torts) or any entity or person(s) performing any function with respect to the Service.
To INDEMNIFY, DEFEND and HOLD HARMLESS Owner, from any and all claims, liabilities, losses, demands, damages, costs, expenses (including attorneys’ fees), lawsuits, causes of action and judgments for personal injuries, including death, and damage to or loss of real or personal property, whether foreseen or unforeseen, present or future, known or unknown, resulting from, arising out of or in any way connected with my attendance at, preparation for or participation in the Service, whether cause in whole or in part by the NEGLIGENCE AND/OR FAULT of Owner, whether passive or active (excluding gross negligence or intentional torts) or any entity or person(s) performing any function with respect to the Service. I further agree that if, despite this Agreement, I or anyone on my behalf makes a claim for Liability against Owner, I will indemnify and hold harmless Owner from any such Liabilities which may be incurred as the result of such claim.
That I am in good health and there are no physical conditions that would or should prevent me from attending, preparing for or participating in the Service.
That this Release is intended to be as broad and inclusive as permitted by law, and that if any term of provision of this Release shall to any extent be held invalid or unenforceable, the remaining terms of this Release shall not be affected thereby but shall be valid and enforceable to the fullest extent permitted by law. I agree that any dispute regarding the enforceability of this Release shall be filed in the courts of the State of North Carolina, in Wake County.
That the terms and conditions contained in this Release shall be binding upon me and my family members, legal representatives, executors, heirs, next of kin, successors, beneficiaries, and assigns.
That I am twenty-one (21) years of age or older and have the authority to contract in my own name.
I understand that in the case of an Act of God or in the case of force majeure, the Service may be cancelled. I understand that Owner reserves the right to add, modify, replace, or cancel the Service at any time, and Owner reserves the right to make any changes or amendments to the rules and regulations at any time. If any changes are made regarding the Service, Owner will communicate to Renter with any updates so that they may make the appropriate adjustments to their preparations for the Service.
I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in the Service.
I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand the risk of becoming exposed to or infected by COVID-19 in connection with my participation in the Service and personally assume this risk.
I agree to abide by all rules Owner has regarding my preparation for and participation in the Service. Additionally, I agree to stay on the Property only for the amount of time allowed by Owner and will leave the Property immediately after my time participating in the Service has expired.
PROHIBITED SUBSTANCES/USE/ACTIVITIES
No jewelry (may burn skin), alcohol, smoking, drugs, animals, food, metal, sharp objects, breakables (glassware or glass equivalents, ceramics) or video recording of any kind is allowed in the Sauna.
No fire accelerants of any kind (propane, butane, gasoline, diesel, or any other flammables) are allowed in or around the Sauna.
Do not spray cold water on the front or sides of the stove or stove-top rocks as this will cause a rapid internal temperature increase and potential steam burns.
Do not cross the stove-guard barrier - metal surfaces are hot and may cause burns.
FIRE-STARTING/HEAT MANAGEMENT
Owner is solely responsible for starting the fire in the Sauna with Owner’s personal materials. Renter is not permitted to interfere with the fire in any way.
A ladle with a water bucket will be provided for Renter to add water onto the rocks for additional heat. Renter assumes all risk when applying additional water to the rocks.
All stove surfaces are hot and can cause burns. Surfaces include but are not limited to the exterior metal stove lid, interior stove surfaces and hot rocks, interior/exterior chimney flue surfaces and exhaust gases.
The Sauna interior is vented for natural air movement - if internal temperatures become uncomfortable, open the sauna door to release any excess heat.
I HAVE READ AND UNDERSTAND THE FOREGOING RELEASE AND ACCEPT AND AGREE TO ITS TERMS AND SIGN IT VOLUNTARILY * This waiver will be provided in addition to the rental contract to sign prior to your arrival *