Waiver

RELEASE OF LIABILITY WAIVER OF CLAIMS AND ASSUMPTION OF RISKS

BY SIGNING THIS AGREEMENT YOU WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE AND CLAIM COMPENSATION FOR INJURY

PLEASE READ CAREFULLY

TO: WESTBOW WELLNESS LTD. dba Wodr - Thermals at Cedarbrook ("Westbow Wellness") and each of its directors, officers, shareholders, employees, volunteers, agents, successors, assigns and affiliates (each a "Releasee" and collectively the "Releasees")

Each guest of Westbow Wellness’ spa pod facility located at 45434 Timberwolf Road, Chilliwack, British Columbia (the “Spa Units”) must read understand, and agree to the terms and conditions of this Agreement. This Agreement applies to all aspects of a visit to the Spa Units, including without limitation use of the following facilities and services: open-air shower, deep cedar hot soaking tub, deep cedar soaking cold-water plunge, dry sauna featuring Himalayan salt walls, spa recliners, all consumables (tea, water, soaps, etc.), shower scrubs, bathroom facilities and other such activities, events and services in any way connected with or related to attending the Spa Units (collectively, the “Activities”). IN CONSIDERATION OF Westbow Wellness allowing me to use the Spa Units and participate in the Activities, and for other good and valuable consideration (the receipt and sufficiency of which is acknowledged), I HEREBY AGREE to all of the terms and conditions in this Release of Liability, Waiver of Claims and Assumption of Risks (the “Agreement”). This Agreement will apply to all of my visits to the Spa Units and all participation in the Activities at any time and from time to time hereafter until this Agreement is terminated by mutual agreement of the parties or replaced by another written agreement.

ACKNOWLEDGEMENT

Without limiting anything else contained herein, I acknowledge that use of the Spa Units or participation in the Activities at Westbow Wellness is not recommended and may result in injury, death or other loss under any of the following conditions:

- During pregnancy;
- After recent (acute) joint injury, within the first 48 hours or until swelling subsides;
- In cases of severe allergies to salt or cedar wood;
- Under the influence of alcohol or drugs;
- For individuals with hemophilia or a predisposition to hemorrhaging/bleeding;and
- For individuals with conditions that reduce the ability to sweat.
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I further acknowledge and agree that:
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- Individuals using prescription drugs should seek advice from their personal physician or pharmacist regarding potential effects when exposed to infrared waves or elevated body temperature;
- It is important to use caution if taking diuretics, barbiturates, beta-blockers, or over-the-counter antihistamines, as they may affect the body’s natural heat-loss mechanisms;
- For the elderly, aging can reduce the ability to regulate core body temperature;
- Individuals with cardiovascular conditions or those taking medications that may affect blood pressure should exercise caution when exposed to prolonged heat, as it can increase cardiac output and blood flow;
- Attempting to “sweat out” a hangover is not advisable, as alcohol can impair judgment and increase heart rate, potentially leading to adverse reactions to heat;
- and Consulting a physician prior to participating in the Activities is advisable, particularly for those on medication affected by elevated body temperature.

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REPRESENTATIONS AND WARRANTIES OF GUEST

‍I HEREBY REPRESENT AND WARRANT to the Releasees as follows, acknowledging that the Releasees are relying upon these representations and warranties as a condition of allowing me to use the Spa Units:

1. I am 19 years of age or older.
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2. I am currently in good physical and mental health, and I have no history of medical conditions that would impede my ability to use the Spa Pods and participate in the Activities in a safe manner.  Without limiting the foregoing, I do not have any existing injuries; open cuts, sores or abrasions; infections or contagious medical conditions; serious musculoskeletal disorders; heart condition that requires immediate medical attention; or any other medical condition that increases my risk of injury or death or poses a threat to the health or safety of others (each a “Pre-existing Condition”).
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3. I understand that:

a)  it is my personal responsibility to assess the risks associated with my use of the Spa Units and to determine whether I can use the Spa Units safely without harming myself;
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b) participation in hot and cold therapy involves exposure to extreme changes in body temperature in a short period of time;
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c)  by entering the Spa Units, I assume full responsibility for my medical and health condition, including any medications that I may be taking which could result in a medical emergency or unsafe condition;
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d) neither Westbow Wellness nor any of the Releasees has any obligation to provide me with medical care or assistance while I am using the Spa Units;

e)  Westbow Wellness employees or other representatives are not qualified to diagnose, examine or treat any medical condition and any comment or suggestion made by any representative of Westbow Wellness should not be construed as being medical advice;

f)  the Spa Units have attendant risks common to all such similar spa facilities, including without limitation injuries caused by wet walking surfaces, such as slip and falls;

g) the hot water from the tap for the deep cedar soaking tub and for the tea station is VERY HOT and should be used with caution to avoid burning myself; and

h) it is my responsibility to consult with a medical professional prior to using the Spa Units to determine if I have a medical condition that may pose a threat to the health or safety of myself or others in relation to my use of the Spa Units.

4.  In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the Spa Units or the Activities.

5.  I understand that I am personally liable for any damage, deterioration, or loss of use of the Spa Units, their systems, and contents, resulting from my use of the Spa Units for any reason.

6.  I understand that I am responsible for any personal property brought to the Spa Units and that if any of my property is lost, stolen or damaged, I will be solely responsible for all associated costs and the Releasees will have no liability whatsoever in relation to such costs.

7.  I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES ENTIRELY OF MY OWN CHOICE AND IT HAS NOT BEEN REQUESTED, SUGGESTED OR REQUIRED IN ANY WAY BY THE RELEASEES THAT I PARTICIPATE. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE OR LOSS, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.  

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ASSUMPTION OF RISK

‍I am aware that my use of the Spa Units and participating in the Activities involves many risks, dangers and hazards to myself and my property, which include, but are not limited to: accidental drowning and injury from prolonged underwater exposure; ingestion of water; exposure to Spa Units cleaning and maintenance chemicals; hypothermia; frost bite; burns from water, chemicals, and the sun; skin irritation; cuts, scrapes and bruises; nail and or nail bed injuries; open and closed head injuries including concussion; eye injuries; ear injuries; muscle and joint sprains and strains; broken bones, allergic reactions; paralysis; death; wet and slippery floors, decks, ramps, stairs, equipment, other surfaces; falls from elevated surfaces and equipment in the Spa Units; loss of balance; slipping; tripping; falling; impact or collision with other people, equipment and/or other objects or physical structures including but not limited to the bottom, sides or edges of the tubs, saunas, walkways, recliners and other furniture; exposure to dirt, algae, mold, bacterial, viral and fungal agents, and other pathogens; theft, loss of, or damage to, personal property; misuse or malfunctions of equipment, furniture or apparatus, horseplay and negligence of other Spa Units users, absence of any life guards or first aid personnel; and negligence on the part of the Releasees, including the failure of the Releasees to take reasonable steps to safeguard or protect me or my property from the risks, dangers and hazards of using the Spa Units including those referred to above.

I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS OF USE OF THE SPA UNITS INCLUDING THOSE REFERRED TO ABOVE AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM OR RELATING IN ANY WAY TO MY USE OF THE SPA UNITS AND MY PARTICIPATING IN THE ACTIVITIES.

AGREEMENTS OF RELEASE AND INDEMNITY

I HEREBY WAIVE ANY AND ALL RIGHTS AND CLAIMS WHATSOEVER THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST THE RELEASEES arising in any way from my use of the Spa Units, including without limitation negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act, RSBC, 1996, c.337, or as a result of damage to my property or to the property of others, or as a result of death or injury to myself or to others.

I HEREBY REMISE, RELEASE AND FOREVER DISCHARGE the Releasees, individually and collectively, of and from any and all manner of actions, causes of actions, suits, claims, demands, damages, debts, contracts, proceedings, interest, costs, expenses and compensation of whatsoever kind and howsoever arising, whether known or unknown, including without limitation negligence, gross negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act, RSBC 1996, c.337 (collectively, “Actions”) which I now have or at any time hereafter can, shall or may have in or by reason of, or in any way arising out of, the Releasor’s use of the Spa Units or participation in the Activities.

In the event that I hereafter make any claim or demand or commence or threaten to commence any actions against the Releasees or any of them for or by reason of any cause, matter or thing arising from the matters which are the subject of the releases contained in this Agreement, THIS AGREEMENT MAY BE RAISED AS A COMPLETE BAR TO ANY AND ALL SUCH ACTIONS.

FOR THE CONSIDERATION SET OUT HEREIN, I FURTHER EXPRESSLY AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS THE RELEASEES FOR ANY AND ALL ACTIONS, AND ANY AND ALL DAMAGES, COSTS OR EXPENSES (INCLUDING ACTUAL LEGAL FEES AND DISBURSEMENTS) INCURRED BY THE RELEASEES ARISING FROM OR IN RESPECT OF ANY SUCH ACTIONS WHATSOEVER AND HOWSOEVER ARISING FROM OR IN RELATION TO OR AS A RESULT OF MY USE OF THE SPA UNITS, AND EXPRESSLY INCLUDING (WITHOUT LIMITING THE GENERALITY OF THE FOREGOING) ACTIONS WHICH ARE BROUGHT BY OR ON BEHALF OF MYSELF, MY SUCCESSORS OR ASSIGNS, OR ANYONE CLAIMING UNDER OR THROUGH ME, OR ANY OF MY AGENTS, EMPLOYEES, INVITEES, LICENSEES OR ANYONE ELSE FOR WHOM I MAY BE RESPONSIBLE.

COVENANTS OF GUEST

Without limiting anything else contained herein, I HEREBY COVENANT AND AGREE that:

1. I will familiarize myself with, and at all times comply with, all safety guidelines and other rules for the use of the Spa Units displayed by or provided to me by Westbow Wellness, as may be amended from time to time. I will follow all posted signage and comply at all times with instructions given to me by employees and other representatives of Westbow Wellness;

2. I will comply with all public health laws and regulations, and all other applicable laws and regulations, relating to my use of the Spa Units and the Activities;

3. I will not use the Spa Units if:

a) I have any medical condition that increases my risk of injury or death or poses a threat to the health or safety of myself or others, including without limitation any Pre-Existing Condition; or

b) I am under the influence of alcohol, cannabis, illegal drugs or prescription drugs that impair me in any way; and

4. I will immediately remove myself from participation in the Activities, and will notify the nearest employee, if at any time I sense or observe any hazardous or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness.

I expressly acknowledge that failure to comply with any of the foregoing may result in complete revocation of all privileges provided by Westbow Wellness without refund of any fees.

In the event of any injury or medical emergency, I expressly authorize Westbow Wellness and its staff to seek medical treatment on my behalf and/or to contact emergency medical services if deemed necessary.  I understand and agree that I am responsible for any medical expenses incurred as a result of any such actions or treatment.