LIABILITY WAIVER AND RELEASE

LOYLY PTY LTD. T/A CEDAR & SALT – WAIVER

In consideration of us providing the Activities (as defined below), this Waiver of Liability (Waiver) is made by the individual undertaking the Activities (Participant, you or your)[, or the Participant’s legal guardian, where the Participant is under 18 years old or a dependent], with Loyly Pty Ltd. t/a CEDAR & SALT (ABN 94 668 905 511) (we, us or our).

Acceptance

By signing this Waiver, you agree that you have read, accepted and will comply with this Waiver, and that you are 18 years or older. If you are accepting this Waiver as a parent or legal guardian of the Participant, you warrant and agree that you have the required authority to consent on behalf of the Participant.

You agree that this Waiver is governed by the laws of New South Wales and you submit to the exclusive jurisdiction of the courts of New South Wales.

Risk

The Participant will be participating in sauna sessions, cold water immersion activities, ice baths, swimming in natural water bodies (including oceans, rivers and lakes) and related wellness (Activities).

Participating in the Activities may expose the Participant to the risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion, disease, illness and/or loss or damage to property which may arise from:

·       contact with sauna heaters operating at high temperatures;

·       cold shock response from temperature changes;

·       hypothermia from cold water immersion;

·       drowning in natural water bodies where no lifeguard supervision is present;

·       slips and falls on wet surfaces;

·       the Participant’s inability to regulate body temperature effectively;

·       the Participant’s physical fitness level, tiredness or overexertion, that may be exacerbated by temperature extremes;

·       pre-existing health conditions;

·       third party participants;

·       environmental conditions including weather and/or natural hazards;

·       equipment supplied by us to carry out the Activities; or

·       any failure to comply with our instructions or directions.

You specifically acknowledge that:

•       natural water bodies present inherent and uncontrollable risks;

•       no lifeguard supervision may be present during swimming activities;

•       sauna heaters operate at extremely high temperatures and must be avoided;

•       temperature-based activities carry risks that cannot be eliminated;

•       you enter all Activities entirely at your own risk.

You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from the Participant’s participation in the Activities. 

Medical Conditions

In the event that you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to the Participant’s health, a risk to the Participant’s safety or affect the Participant’s proper and safe participation in the Activities, the Participant must stop participating and you should contact a medical provider. You agree to notify us of any pre-existing conditions that may affect the Participant prior to participating in the Activities and to immediately notify us of any injuries that occur while participating in the Activities. You warrant to us that:

·     the Participant has the required physical health and fitness needed to participate in the Activities; and

·      you know of no medical or other reason why the Participant cannot or should not participate in the Activities.

Exclusion of Liability

Under the Australian Consumer Law (Cth) (ACL), statutory guarantees apply to the supply of services. As the Activities are recreational services, under the ACL, we may ask you to agree to exclude your rights in relation to these statutory guarantees.

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any loss or liability arising from or in connection with any personal injury or death caused or contributed to by the Participant’s participation in the Activities, except where caused by our reckless conduct.

For any questions or notices, please contact us at:

Loyly Pty Ltd. t/a CEDAR & SALT (ABN 94 668 905 511)

Email: Rob@loyly.com.au