Liability Waiver
I desire to and am voluntarily participating in the activities at Cold Plunge Florida,
LLC, located at 3460 Fairlane Farms Road Unit 3, Wellington, Florida 33414. I am
participating in the activities entirely at my own risk, including but not limited to
cold plunge therapy, sauna therapy, workouts, bootcamps, personal training, and
any related activities (the "Activities").
In consideration of my permission to enter the premises and participate in
Activities at Cold Plunge Florida, LLC, I agree to all the terms of this Release of
Liability and Waiver of Rights (“Release”):
ASSUMPTION OF RISK. It is my choice to participate in these Activities and is
knowing, voluntary, and made for my personal enjoyment. I am aware of the risks
associated with participating in these Activities, which may include, but are not
limited to, physical or psychological injury, pain, suffering, illness, disfigurement,
temporary or permanent disability (including paralysis), economic or emotional loss,
and death. I understand that these injuries or outcomes may result not only from
my own actions, inactions, or negligence, but also from the actions, inactions, or
negligence of others, or the condition of the facilities, equipment, or the Activity
location(s). Nonetheless, I assume all related risks, both known and unknown to me,
of my participation in these Activities, including the risk of death.
I also understand that there may be other risks not known to me or reasonably
foreseeable at this time. I understand and I have considered the risks involved, and
I voluntarily and freely choose to assume these risks.
RELEASE FROM LIABILITY. I fully and forever release and discharge Cold
Plunge Florida, LLC, their affiliates, managers, members, agents, volunteers,
representatives, and assigns from any and all injuries (including death), losses,
damages, claims (including negligence claims), demands, lawsuits, expenses, and
any other liability of any kind, of or to me, my property, or any other person,
directly or indirectly arising out of or in connection with my participation in the
Activities, even if they are due to the ordinary negligence, injudicious act, omission,
or other fault of Cold Plunge Florida, LLC.
COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or
other legal proceeding or demand against Cold Plunge Florida, LLC, nor join or
assist in the prosecution of any claim for money or other damages which anyone
may have, on account of injuries (including death), losses, or damages sustained by
me, other parties, or my (or others’) property in connection with my participation in
the Activities, and I waive any right I may have to do so. This means that I cannot
sue to hold Cold Plunge Florida, LLC responsible for any injury, loss, or damage
sustained by me, other parties, or my (or others’) property in connection with the
Activities, even if it is due to the ordinary negligence, injudicious act, omission, or
other fault of Cold Plunge Florida, LLC.
PRIVACY POLICY
PUBLICITY. I hereby grant Cold Plunge Florida, LLC, without limitation, the
right to use my name, likeness, and image for any publicity without further
compensation or permission. I acknowledge that Cold Plunge Florida, LLC reserves the right to film clients
during their participation in the Activities for promotional and educational
purposes. I understand that my image and likeness may be captured in such
recordings and may be used by Cold Plunge Florida, LLC for marketing and
promotional materials, including but not limited to their website, social media, and
other digital or print media. This Release shall be binding upon and enforceable against me, my personal
representatives, spouse, successors and assigns, heirs, and next of kin without
limitation. It is my desire and intent that the words, terms, provisions, covenants,
and remedies contained in this Release shall be enforceable to the fullest extent
permitted by applicable laws, ordinances, statutes, rules, and regulations
(“Applicable Law”). If any portion of this Release is held invalid, the remainder
shall not be affected and shall continue in full legal force and effect. The terms of
this Release shall continue from this date forever. This Release and Waiver shall be
construed and interpreted as broadly as possible under Applicable Law.
HArassment Policy
Our Commitment At Cold Plunge Florida, we pride ourselves on providing a coed contrast therapy studio that is safe, inclusive, and respectful for all. Our commitment extends to ensuring that every member can engage in health and wellness activities without fear of harassment, discrimination, or intimidation. This policy outlines our firm stance against sexual harassment and details our procedures for addressing such issues within our diverse and cooperative environment.
Definition of Sexual Harassment Sexual harassment includes any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature. Such behaviors are particularly inappropriate and harmful in our coed environment and include, but are not limited to:
Unwanted physical contact or gestures.
Inappropriate sexual jokes, comments, or innuendos.
Displaying sexually suggestive objects or images.
Making derogatory or offensive remarks about a person's sex, gender expression, or sexual orientation.
Conduct that explicitly or implicitly affects an individual's experience or creates an intimidating, hostile, or offensive environment.
Reporting Procedure Should you experience or witness sexual harassment at Cold Plunge Florida, we encourage you to report it immediately. You can confidentially report incidents to any staff member or through our anonymous online reporting form available on our website. All reports will be treated with the utmost confidentiality and sensitivity.
Investigation Process Upon receipt of a report, Cold Plunge Florida will initiate a prompt and thorough investigation. This process involves confidential interviews with the involved parties and any witnesses. Our goal is to resolve the issue fairly and expeditiously, ensuring minimal disruption to the gym experience for all members.
Disciplinary Actions Based on the findings of the investigation, appropriate disciplinary actions will be taken against those found to have engaged in sexual harassment. Actions may range from warnings to suspension or termination of membership, depending on the severity of the conduct. Consistency in the application of these actions across all members is crucial for maintaining the integrity of our environment.
Protection Against Retaliation Cold Plunge Florida strictly prohibits retaliation against any individual who reports sexual harassment or participates in an investigation. Retaliatory actions will be subject to serious disciplinary measures. We are committed to creating an atmosphere where members can report incidents without fear of reprisal.
Education and Training To ensure a respectful and safe environment, Cold Plunge Florida provides ongoing education and training for our staff on preventing, recognizing, and responding to sexual harassment. We also distribute informational resources to our members to promote understanding and cooperation in maintaining our coed space as welcoming and inclusive.
Contact Information For more information or if you have any questions regarding this policy, please reach out to us at hello@coldplungeflorida.com.
For Minors (anyone under 18)
BY SIGNING, I, OR IF I AM A MINOR, MY PARENT OR LEGAL GUARDIAN
ON MY BEHALF, ACKNOWLEDGE THAT I OR THEY HAVE READ AND
UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE, AND THAT I OR
THEY AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE COLD PLUNGE FLORIDA, LLC.