Sea Smoke Sauna’s facilities, equipment, and grounds are restricted to adults 18 years and older. In consideration of being permitted access to Sea Smoke Sauna’s equipment, programs, amenities and services, I agree as follows:
1. RELEASE OF LIABILITY AND ASSUMPTION OF RISK - I understand and acknowledge that there is risk involved in being in and around Sea Smoke Sauna's equipment, including, but not limited to, utilizing equipment which may malfunction or break, participating in any exercise or fitness activity, patronizing or using Sea Smoke Sauna services, facilities and/or amenities, participating in programs or activities, and using or being present in and/or around any Sea Smoke Sauna equipment while stationary or in transit (towing) or arising from improper maintenance of any equipment or facilities. This includes, without limitation, my use of the changing room, sauna, outdoor stairs, all seating, shower, bath tub, parking area, driveway, sidewalk, outhouse, or any equipment inside or outside of the Sea Smoke Sauna equipment and my participation in any activity, class, program or instruction. I agree that I am voluntarily participating in these activities and using the equipment and premises and assume all risk of injury, the contraction of any illness or medical condition that might result, or any damage, loss or theft of any personal property, whether any of the foregoing are suffered by me and/or my family members.
a. ASSUMPTION OF RISK. I agree that I will assume the risk and full responsibility for any and all injuries, losses, death, costs, the contraction of any illness or medical condition that might result or other damages, loss or theft of any personal property that might occur to me and/or my family members while inside or outside of the Sea Smoke Sauna equipment, utilizing equipment which may malfunction or break, participating in any exercise or fitness activity, patronizing or using Sea Smoke Sauna services, facilities and/or amenities, participating in programs or activities, using or being present inside and outside of any Sea Smoke Sauna equipment, or arising from improper maintenance of any equipment or facilities, my use of the changing room, sauna, outdoor stairs, seating, shower, parking area, sidewalk or any equipment inside or outside of the Sea Smoke Sauna equipment, my participation in any activity, class, program or instruction, and negligence on the part of Sea Smoke Sauna, its officers, directors, employer contractors, agents and other members, including premises liability claims and/or equipment lability claims such as (by example and not by limitation) slip and falls and/or trip and falls inside or outside of any Sea Smoke Sauna equipment. ("Losses").
b. RELEASE OF CLAIMS. To the maximum extent allowed by law, I, the undersigned ("I'), agree on my own behalf and on behalf of my family, personal representatives, heirs, executors, administrators, agents and assigns, to waive and release any and all claims, suits or related causes of action against Sea Smoke Sauna, its owners, officers, employees, or agents (collectively "Sea Smoke Sauna"), for all Losses ("Released Claims*). I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF CLAIMS AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I AM WAIVING ANY RIGHT I MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST Sea Smoke Sauna FOR ITS NEGLIGENCE.
2. INDEMNIFICATION - I agree that I will indemnify, defend and hold Sea Smoke Sauna harmless, to the maximum extent allowed by law, from negligence, injury, loss, death, costs or other damages to me, my family members, heirs or assigns, or third parties for claims, suits, or related causes of action asserted against Sea Smoke Sauna arising from my conduct and/or my family's conduct while inside or outside of Sea Smoke Sauna's equipment or participating in any program or activity and from any of the Losses and Released Claims described in Section 1.
3. APPLICATION - I agree that this Release shall apply to each visit I make to Sea Smoke Sauna's equipment and to every instance of my participation in a program or activity, including future visits and participation, regardless of the date that this Release is signed below.
4. AGREEMENT TO COMPLY WITH RULES - I agree to, and will comply with, the policies of Sea Smoke Sauna's "USE AGREEMENT" posted in hard copy inside of the equipment changing room and available for download at www.seasmokesauna.com. I acknowledge that Sea Smoke Sauna's policies are subject to change at the sole discretion of Sea Smoke Sauna.
5. BINDING ON OTHERS - This Release shall bind the members of my family and my spouse or registered domestic partner If I am alive, as well as my estate, family, heirs, administrators, personal representatives or assigns if I am deceased and shall be deemed as a "Release, Waiver, Discharge and Covenant" not to sue Sea Smoke Sauna.
6. SEVERABILITY - I agree that the purpose of this Release is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Maine law. I agree that If any portion or provision of this Release is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid portion will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Release.
7. APPLICABLE LAW, FORUM & ATTORNEYS' FEES - This Release is governed by and shall be construed in accordance with the laws of the state of Maine, without any reference to its choice of law rules. I agree that any dispute arising from this Release or in any way associated with Sea Smoke Sauna doing business within the state of Maine or outside of the state of Maine shall be brought only in the Courts of Knox County, Maine, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this Release is contested, I agree that the substantially prevailing party will be entitled to receive all attorney's fees and costs from the party contesting the validity of this Release. I acknowledge that no oral representations, statements or other inducements to sign this Release have been made apart from what is contained in this document.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE BY READING IT BEFORE SIGNING IT. BY TYPING MY NAME BELOW I UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS.