Instructions / Assembly

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.