ASSUMPTION OF RISK ACKNOWLEDGEMENT

As a condition of your use of the New England Cold Plunge, LLC (dba Cold Plunge Guys) (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. I understand and acknowledge that by choosing to incorporate a cold plunge into my space, I assume sole responsibility for the individuals who engage in the Activities therein. I accept full liability for any injuries, damages, or losses incurred by individuals utilizing the cold plunge, whether invited by me or not, and agree to indemnify and hold harmless New England Cold Plunge, LLC (dba Cold Plunge Guys) and its affiliates, officers, directors, employees, agents, and representatives from any and all claims, liabilities, damages, expenses, and costs, including reasonable attorney fees, arising from such use.
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
Commonwealth of Massachusetts without regard to its conflict of laws 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
Commonwealth of Massachusetts before an arbitrator appointed by JAMS 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 JAMS 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.