Waiver and Release of Liability and Media consent form
1. Acknowledgment of Risk
I, the undersigned, acknowledge and understand that participation in cold therapy involves inherent risks, including but not limited to the possibility of physical injury, hypothermia, or other medical conditions. I acknowledge that the Activity involves risk of serious bodily injury, including disability, death, and damage or loss of personal property. I realize that there may be other risks not known to me or not readily foreseeable and I fully accept and assume all such risks, whether or not identified above, and I assume all responsibility for losses and damages which I may suffer as a result of my participation in this Activity. I agree that the Activity is a non-essential recreational activity and that my participation in the Activity is entirely voluntary.
2. Medical Conditions
I confirm that I am qualified, in good health and have no known medical conditions that would prohibit or limit my ability to safely participate in the Activity.
3. Sobriety Assurance
I certify that I am not under the influence of drugs, alcohol, or any other substances that may impair my ability to participate in the Activity. I understand that participation in the Activity while under the influence of such substances is strictly prohibited.
4. Waiver and Release of Liability
I hereby waive, release, and discharge Beyond Cold, its owners, officers, directors, employees, agents, insurers, successors and assigns and the owners and lessors of the property on which the Activity takes place (the “Releasees”) from any and all liability, claims, demands, actions, costs, damages or losses arising or asserted to arise, directly or indirectly, in whole or in part, from my participation in the Activity or associated services, whether resulting from negligence or otherwise, including rescue operations, and will indemnify and hold harmless the Releasees as to all such matters. This waiver includes, but is not limited to, any claims for personal injury, property damage, or medical expenses.
5. Indemnity Agreement
I agree to indemnify and hold harmless the Releasees from any and all liability, claims, demands, actions, costs, damages or losses arising or asserted to arise, directly or indirectly, in whole or in part, from my participation in the Activity or associated services, whether resulting from negligence or otherwise, including rescue operations, and will indemnify and hold harmless the Releasees as to all such matters.
6. Media Consent
I hereby grant Beyond Cold the irrevocable right and permission to photograph and/or record me during the Activity and to use the resulting content, including photographs, video, and audio recordings, for any lawful purpose. This includes, but is not limited to, social media, print, video, promotional materials, and other media outlets.
7. Permission Marketing
By signing this Agreement, I consent to receiving marketing communications from Beyond Cold, including but not limited to emails about product updates, promotions, events, and other news. I understand that I can unsubscribe from these communications at any time by following the unsubscribe instructions provided in each email.
8. NO Expectation of Compensation
I understand and agree that I will not receive any monetary compensation for the use of my likeness or any content created during the event.
9. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be revised to reflect the parties’ intention as closely as possible while remaining enforceable. The remaining provisions shall remain in full force and effect.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Tennessee.
