Hot Stone Saunas

Effective Date: August 5, 2026

 

PARTICIPANT LIABILITY WAIVER, RELEASE OF CLAIMS,
 ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

 

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING.
THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS.

 

SECTION 1 — INTRODUCTION AND PREAMBLE

This Participant Liability Waiver, Release of Claims, Assumption of Risk, and Indemnification Agreement (hereinafter "Agreement") is entered into by and between the undersigned participant (hereinafter "Participant") and Hot Stone Saunas, a mobile sauna service operating in the Tri-Cities area of Washington State and the wider region (hereinafter "Operator"). Where the Participant is a minor under the age of eighteen (18) years, this Agreement is entered into by and between the Operator and the Participant's parent or legal guardian on behalf of the minor Participant, and all references to "Participant" herein shall be construed to include the minor where applicable.

This Agreement is entered into in consideration for the Operator's permission to allow the Participant to take part in a mobile sauna session and associated activities as described herein. This consideration is acknowledged by both parties to be good and valuable, the receipt and sufficiency of which are hereby confirmed. The Participant understands that the Operator would not permit participation absent the execution of this Agreement.

The Participant is strongly encouraged to read this entire Agreement carefully, to ask any questions they may have prior to signing, and to consult with legal counsel if they do not fully understand any provision contained herein. By signing this Agreement electronically or in writing, the Participant affirms that they have read and understood all sections of this document and agree to be bound by its terms.

SECTION 2 — DESCRIPTION OF ACTIVITIES

The Participant is seeking to engage in one or more of the following activities offered by the Operator (collectively, the "Activities"): (1) a guided mobile sauna session conducted inside a wood-fired sauna unit that is transported to and set up at Columbia River access locations within the Tri-Cities area of Washington State, including but not limited to public and private river access points in or near Richland, Kennewick, and Pasco, Washington; (2) voluntary cold-plunge and water-entry activities in the Columbia River for the purpose of cooling between sauna rounds, which may include wading, full-body immersion, and brief swimming in designated areas near the riverbank; and (3) other activities incidental to the sauna experience, including but not limited to gathering in outdoor areas adjacent to the sauna unit, tending or observing open or enclosed fire used to heat the sauna, traversing riverbanks and access paths on foot, and resting in outdoor seating areas provided by the Operator.

The Participant acknowledges that the precise location of each session may vary depending on weather, river conditions, permit status, and other logistical factors, and that all Activities take place in an outdoor, natural environment subject to conditions beyond the Operator's control.

SECTION 3 — DESCRIPTION OF INHERENT RISKS

The Participant acknowledges and understands that participation in the Activities involves inherent and unavoidable risks of harm, including the risk of serious personal injury, disability, death, and property loss or damage. These risks exist regardless of the precautions taken by the Operator and cannot be fully eliminated without fundamentally altering the nature of the Activities. The Participant expressly acknowledges the following categories of risk, which are described by way of example and are not exhaustive:

Extreme Heat Exposure. The interior of the wood-fired sauna unit reaches temperatures that may exceed 170–200 degrees Fahrenheit. Prolonged or repeated exposure to extreme heat can cause burns from contact with hot surfaces or steam, dehydration, heat exhaustion, heat stroke, hyperthermia, loss of consciousness, and in severe cases, organ failure and death. Individual tolerance to heat varies significantly, and adverse reactions may occur rapidly and without warning.

Cold-Water Shock and Cold-Water Immersion. Entry into the Columbia River, which may be cold or very cold depending on season and conditions, carries the risk of cold-water shock, a physiological response characterized by involuntary gasping, rapid breathing, increased heart rate, and loss of muscle control that can occur immediately upon immersion. Prolonged cold-water immersion may cause hypothermia, which can impair judgment and motor function. Cold-water immersion also carries the risk of sudden cardiac events, including cardiac arrest, and the risk of drowning as a result of any of the above responses.

River Hazards. The Columbia River is a large, dynamic, and federally managed waterway with conditions that are variable, unpredictable, and not controlled by the Operator. Hazards include but are not limited to strong, variable, and unpredictable currents; submerged rocks, logs, sandbars, debris, and other underwater obstructions; sudden changes in water depth at or near riverbank entry points; recreational and commercial boat traffic; waterborne pathogens and contaminants; slippery, unstable, or uneven riverbank surfaces and entry points; and entrapment risks beneath or around submerged structures. The Operator does not control river conditions and cannot guarantee the safety of any entry point at any given time.

Rapid Temperature Transition. Moving between the extreme heat of the sauna and the cold water of the Columbia River causes rapid and significant cardiovascular stress. This rapid temperature transition may trigger vasovagal syncope (fainting), cardiac arrhythmia, severe drops in blood pressure, loss of consciousness, and other cardiovascular events. These effects may be exacerbated in individuals with pre-existing cardiovascular or circulatory conditions, whether known or undiagnosed.

Slips, Trips, and Falls. The environment surrounding the sauna unit and the riverbank entry points includes wet, muddy, rocky, and uneven surfaces. The Participant may slip, trip, or fall while entering or exiting the sauna, traversing the riverbank, entering or exiting the water, or moving through any other area associated with the Activities. Falls may result in lacerations, fractures, concussions, and other injuries.

Equipment-Related Risks. The wood-burning stove and associated flue, rocks, and sauna benches and walls reach temperatures sufficient to cause serious burns upon contact. Steam generated by pouring water on heated rocks can cause scalds to the skin and respiratory tract. Other sauna equipment, including doors, hinges, handles, and structural components, may present contact hazards.

Aggravation of Pre-Existing Medical Conditions. Participation in the Activities may aggravate, accelerate, or worsen pre-existing medical conditions. This risk is heightened for individuals with heart disease or cardiac conditions, uncontrolled high or low blood pressure, circulatory disorders, diabetes, epilepsy or other seizure disorders, respiratory conditions, pregnancy, Raynaud's disease, or any condition affecting response to extreme heat or cold.

Acts of Other Participants and Third Parties. Other participants in the session, members of the general public sharing river access areas, boaters, and other third parties not under the Operator's control may act in ways that create or contribute to hazardous conditions. The Operator cannot control the conduct of third parties.

Environmental and Weather Conditions. The Activities are conducted outdoors and are subject to variable and potentially severe weather conditions, including extreme heat or cold, high winds, lightning and electrical storms, rapidly changing water levels due to dam operations or weather events, flooding, and encounters with wildlife including birds, insects, fish, and other animals native to the Columbia River environment. These conditions may arise suddenly and without warning.

Risk of Serious Injury or Death. The Participant expressly acknowledges that the combined and individual risks described above carry the potential for catastrophic or fatal outcomes. The Participant recognizes that no safety precaution can entirely eliminate the possibility of serious injury or death associated with the Activities.

SECTION 4 — PARTICIPANT RESPONSIBILITIES AND SAFETY GUIDELINES

As a condition of participation, the Participant agrees to comply with all safety protocols and responsibilities established by the Operator, including but not limited to the following. The Participant shall, prior to the commencement of the session, fully and accurately disclose to the Operator or its staff any medical conditions, medications, or physical limitations that may be relevant to their safe participation in the Activities. The Participant shall follow all verbal and written safety instructions provided by the Operator, its employees, agents, and designated staff at all times during the session, and shall not disregard or dispute such instructions in a manner that creates risk to themselves or others.

The Participant shall not participate in the Activities while under the influence of alcohol, cannabis, prescription medication that impairs judgment or coordination, or any other substance that may impair their physical or cognitive function, cardiovascular response, balance, or ability to respond to emergency situations. The Participant understands that impairment of any kind substantially increases the risks associated with the Activities and may result in their removal from the session without refund.

The Participant shall enter the Columbia River only at locations expressly designated by the Operator for that purpose and only after a staff member has indicated that conditions at that location are safe for entry. The Participant shall never enter the water alone and shall at all times remain within visual contact of other members of the group. The Participant shall hydrate adequately before the session begins and shall continue to drink water as offered or directed by staff throughout the session. Should the Participant at any point feel faint, dizzy, nauseous, excessively weak, short of breath, or otherwise unwell, the Participant shall immediately exit the sauna or water, move to a safe resting area, and notify a staff member without delay.

Any Participant who has brought a minor in their care shall maintain direct, continuous, and active supervision of that minor at all times throughout the session, including inside the sauna, on the riverbank, and during any water entry. The Participant shall wear appropriate footwear when traversing the riverbank, rocky areas, and any designated path to or from the water entry point. The Participant shall observe and comply with all posted signage regarding water depth, current conditions, restricted areas, and fire safety in and around the sauna setup area.

SECTION 5 — MEDICAL DISCLOSURE AND HEALTH ACKNOWLEDGMENT

The Participant represents and warrants that, to the best of their knowledge, they (and any minor Participant in their care) are in good physical health and have no known medical condition, disability, or physical limitation that would render participation in the Activities unsafe. Without limiting the generality of the foregoing, the Participant specifically represents that they do not have, and have not been advised by a physician to avoid activities involving extreme heat or cold exposure due to, any of the following: heart disease, cardiac arrhythmia, uncontrolled high or low blood pressure, pregnancy, epilepsy or other seizure disorders, severe or exercise-induced asthma, Raynaud's disease or other vascular conditions causing abnormal sensitivity to cold, circulatory disorders, deep vein thrombosis, open wounds or active skin infections, fever or active illness, or any other condition that causes increased sensitivity to extreme heat or cold or that could be aggravated by rapid temperature changes.

The Participant acknowledges that it is their sole and exclusive responsibility to consult a licensed physician or qualified healthcare provider prior to participation if they have any doubt, uncertainty, or concern about their physical fitness to participate safely in the Activities. The Participant further acknowledges and agrees that the Operator is not a medical professional or healthcare provider, that the Operator's staff have no training or obligation to assess the medical fitness of individual Participants, and that the Operator has relied entirely upon the Participant's representations in permitting participation. Any failure to disclose a relevant medical condition shall rest entirely upon the Participant and shall not diminish the scope of this Agreement.

SECTION 6 — RELEASE OF LIABILITY AND WAIVER OF CLAIMS

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTICIPANT, ON BEHALF OF THEMSELVES AND THEIR HEIRS, PERSONAL REPRESENTATIVES, ASSIGNS, NEXT OF KIN, AND ESTATE, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE [BUSINESS NAME], AND ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, VOLUNTEERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES"), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, COSTS, AND EXPENSES OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPANT'S PARTICIPATION IN THE ACTIVITIES, INCLUDING ANY LOSS, DAMAGE, PERSONAL INJURY, DISABILITY, OR DEATH THAT MAY BE SUSTAINED BY THE PARTICIPANT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR ANY OF THEM, OR OTHERWISE.

The Participant understands and acknowledges that this release specifically includes, but is not limited to, claims arising from the Released Parties' ordinary negligence in the planning, supervision, operation, or conduct of the Activities; failure to adequately warn of risks; failure to maintain equipment or premises in a safe condition; and any other act or omission of the Released Parties. This release does not purport to release liability for gross negligence, willful misconduct, or any other act for which a release of liability is prohibited by applicable law.

This release and waiver is intended to be as broad and inclusive as is permitted by the laws of the State of Washington, and is intended to satisfy the requirements of Washington State courts regarding pre-injury liability releases between private parties. To the extent any provision or portion of this release is found to be void, invalid, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect and shall be interpreted to give the maximum effect to the intent of the parties as expressed herein.

SECTION 7 — ASSUMPTION OF RISK

The Participant expressly and voluntarily assumes all risks associated with participation in the Activities, including all risks described in Section 3 of this Agreement and any other risks inherent in or incidental to the Activities, whether such risks are known or unknown, foreseeable or unforeseeable at the time of signing this Agreement. The Participant acknowledges that they are making an informed and voluntary choice to participate in the Activities with full knowledge, understanding, and appreciation of the risks involved, and that they are not relying on any representation by the Released Parties that the Activities are without risk.

The Participant further acknowledges that the Released Parties cannot guarantee the safety of the natural environment, including river conditions, weather, and the behavior of other persons, and that assumption of such environmental and third-party risks is a necessary and inherent element of outdoor recreational activities of this nature. The Participant's assumption of risk is not limited by the extent to which any given risk was or was not specifically described in this Agreement.

SECTION 8 — INDEMNIFICATION AND HOLD HARMLESS

The Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, judgments, damages, losses, liabilities, penalties, fines, and expenses, including reasonable attorneys' fees and court costs, that arise out of or relate to: (1) the Participant's own acts, omissions, negligence, recklessness, or willful misconduct in connection with the Activities; (2) any breach by the Participant of any term, representation, warranty, or obligation contained in this Agreement; (3) any violation by the Participant of applicable laws, regulations, or posted rules at the activity site; or (4) any acts or omissions of a minor Participant in the Participant's care, or the Participant's failure to adequately supervise such minor.

This indemnification obligation shall survive the termination or expiration of this Agreement and shall be binding upon the Participant and their heirs, successors, assigns, and personal representatives. The Participant's obligation to indemnify shall apply regardless of whether the claim is asserted by a third party, a co-participant, or any government entity.

SECTION 9 — PHOTOGRAPHY AND MEDIA RELEASE

The Participant grants to the Operator and its authorized agents a non-exclusive, royalty-free, perpetual, and worldwide license to photograph and video record the Participant during the session and to use such photographs and video recordings for promotional, advertising, marketing, and educational purposes, including but not limited to use on the Operator's website, social media platforms, printed materials, and other public-facing communications. The Participant understands that such images or recordings may be edited, cropped, combined with other content, or otherwise modified for promotional use.

If the Participant does not wish to be photographed or recorded, the Participant may opt out of this media release by notifying the Operator in writing — including by email — prior to the commencement of their session. Such opt-out notification shall be honored by the Operator to the extent reasonably practicable given the group nature of the activity. The Participant's decision to opt out shall have no effect on their eligibility to participate and shall not affect any other provision of this Agreement.

SECTION 10 — GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Activities, or the relationship between the Participant and the Operator — including any dispute regarding the validity, enforceability, or interpretation of this Agreement — shall be brought exclusively in the state or federal courts of competent jurisdiction located in Benton County, Washington. The Participant hereby irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection to the laying of venue in Benton County.

In the event of any litigation arising from or related to this Agreement or the Activities, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorneys' fees, court costs, and other litigation expenses incurred in connection with such dispute, in addition to any other relief to which the prevailing party may be entitled.

SECTION 11 — ACKNOWLEDGMENT OF AGREEMENT AND SIGNATURES

BY SIGNING BELOW, THE PARTICIPANT REPRESENTS AND WARRANTS THAT: (1) THEY HAVE READ THIS ENTIRE AGREEMENT IN FULL AND UNDERSTAND ITS TERMS AND LEGAL CONSEQUENCES; (2) THEY ARE SIGNING THIS AGREEMENT FREELY, VOLUNTARILY, AND OF THEIR OWN FREE WILL, WITHOUT DURESS, COERCION, OR UNDUE INFLUENCE; (3) THEY ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, OR, IF SIGNING ON BEHALF OF A MINOR, THEY ARE THE MINOR'S PARENT OR LEGAL GUARDIAN WITH FULL LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT ON THE MINOR'S BEHALF; AND (4) THEY UNDERSTAND THAT THIS AGREEMENT WAIVES SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR NEGLIGENCE.

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