Full Product Manual

2
ASSUMPTION OF RISK
ACKNOWLEDGEMENT
As a condition of your use of the Dynamic Cold Therapy (the “Company”) website (the “Website”) and purchase
of the Company cold plunges and products (the “Products”) you agree as follows under this Assumption of
Risk Acknowledgement (the “Acknowledgement”):
1. Assumption of Risk. I know and understand the scope, nature, and extent of the risks involved in the use of
the Products, including of sudden or prolonged exposure to cold water or heated saunas. (the “Activities”). I
understand these risks include, but are not limited to personal injury, damage to property, and/or death. I
voluntarily, freely and expressly choose to incur all risks associated with the Activities, understanding that those
risks may include personal injury, damage to property, and/or death.
2. Representations and Warranties. I represent and warrant that I am of sound body and mind, and in a physical
and mental condition capable of handling the conditions that I will encounter during the Activities, that I have read
and understood all safety instructions, and that I will comply with all stated and customary terms and included
instructions with respect to the Activities and the Products. I further represent and warrant that to the extent I suffer
from any physical or mental infirmity, chronic ailment, or injury of any nature, that I have consulted with a medical
professional and received clearance to participate in the Activities, and that I recognize and assume the risk of
engaging in the Activities in light of my condition.
3. Governing Law; Arbitration. I agree that this Acknowledgement will be construed and enforced under the laws
of the State of California without regard to its conflict of law’s provisions, as now in effect and as amended in the
future. I agree that all disputes arising out of my participation in the Activities must be submitted to binding
arbitration in the State of California before an arbitrator chosen by the Company in a proceeding pursuant to that
organization’s rules and in accord with its code of ethics. The judgment of the arbitrator will be final and not subject
to appeal or review by any judicial or administrative process and may not be vacated. Judgment upon the
arbitration award may be entered in any court having jurisdiction thereof. I agree that I may bring claims against
the other Parties only in my individual capacity and not as a plaintiff or class member in any purported class or
representative proceeding, and that the arbitrator may not consolidate proceedings of more than one person or
entity’s claims. In the event of arbitration, the arbitrator will apportion liability for the cost of the arbitrator, other
costs, and a reasonable attorney’s fee, in accord with the arbitrator’s rules, this Liability Waiver and Photo Release,
and applicable law. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s
award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable
attorney’s fee, for having to compel arbitration or defend or enforce the arbitrator’s award.
4. Severability. I agree that the provisions of this Acknowledgement are severable and in the event any provision
is determined to be invalid or unenforceable, the remaining provisions will remain in effect.
5. Survival. I agree and acknowledge that the terms and conditions of this Acknowledgement will continue in full
force and effect now and in the future at all times during which I participate, either directly or indirectly, in the
Activities, and will be binding upon my heirs, executors, administrators, personal representatives, and/or anyone
else claiming on my behalf.
6. Acceptance. Utilizing the Website, purchasing the Products, or engaging in the Activities pursuant to this
Acknowledgement or completing the click‐through process required to accept this Acknowledgement will constitute
your acceptance to the terms hereof.