Feelgood Collective Ltd. – Waiver Agreement

BY ENTERING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.

This Waiver Agreement (the "Waiver") is provided to the person (the "Participant", “I” or “my”) participating in the Activities (as defined below) provided by Feelgood Collective Ltd. (the “Company”) located at 5146 Parton Dr. Nanaimo, BC V9T 5S9. The Participant acknowledges that entering into this Waiver is required as a condition to participating in the Activities

The activities include but are not limited to sauna usage, cold plunge in the sea, pool, lake, or pond, relaxation, and related hot/cold therapy activities (the “Activities”) located in and around mid-Vancouver Island and pop-up events at various outdoor settings (e.g., campsites, natural environments).

Acknowledgement and Assumption of Risk:

By signing this Waiver, I acknowledge that participating in the Activities, including exposure to weather conditions, natural water bodies, and fire elements, carries inherent risks. These include, but are not limited, to minor injuries (e.g., bruises, skin irritation), major injuries (e.g., burns, heart attacks, heat strokes, hypothermia, sickness, disease, drowning), and serious incidents, including death, as well as environmental hazards such as slippery surfaces, wildlife, and sudden water level changes (the “Risks”). I voluntarily assume these Risks and I understand these cannot be fully eliminated even with proper care.

Such Risks may be caused by my own actions or inactions, the actions or inactions of others at the Activities, the condition of the natural environment, adverse weather conditions, or the negligence of the Company, its affiliates, respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns, insurers, and associated property owners (the "Releasees").

I KNOWINGLY, VOLUNTARILY, AND FREELY ACCEPT AND ASSUME ALL RISKS that may occur in connection with my participation in the Activities, both known and unknown, INCLUDING BUT NOT LIMITED TO: THE RISK OF INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, PROPERTY LOSS, DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO: NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF STATUTORY DUTY OF CARE ON THE PART THE RELEASEES AND EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for all losses, costs, and damages that I may suffer or incur as a result of my participation in the Activities.

Personal Responsibility:

I willingly covenant and agree that I am solely responsible for the following:

1. Monitoring my own safety and health condition during my participation in the Activities;

2. Attending to the security of my personal belongings during the Activities; and

3. Consulting with my physician and any other medical specialists to discuss any pre-existing medical conditions before participating in the Activities. 

I understand that although the Company will have safety and emergency precautions in place, the Company is not responsible for overseeing my safety. I understand that the Company is not responsible for monitoring me while I am in or around natural water bodies, such as lakes, ponds, or the sea, during cold plunges. I understand the inherent risks of being in cold water and accept full responsibility for my own safety while in or near the water.

I understand that the Company is not responsible for any theft, loss, or damage to personal belongings.

Moreover, I understand that the Company and its representatives are not medical professionals and cannot provide medical advice or treatments

Abuse, Harassment, and Molestation:

The Company maintains a strict zero-tolerance policy regarding abuse, harassment, molestation, sexual misconduct, or inappropriate behavior of any kind. By signing this Waiver, I acknowledge that I will not hold the Company, its affiliates, respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns responsible for any claims, allegations, or incidents related to abuse, harassment, molestation, or sexual misconduct occurring during or in connection with the Activities.

I willingly covenant and agree that I will not participate in such behavior and that the Company, in its sole discretion, may request that I leave immediately and may report me to the appropriate authorities. In such cases, I agree that I will not be entitled to any refunds.

Alcohol and Illegal Substances:

Alcohol is strictly prohibited at all Activities. I willingly covenant and agree that I will not bring, consume, or be under the influence of alcohol or illegal substances while participating in the Activities. I further agree that the Company, in its sole discretion, may deny my entry or request that I leave immediately and may report me to the appropriate authorities. In such cases, I agree that I will not be entitled to any refunds.

By signing this Waiver, I acknowledge that alcohol consumption and being under the influence of illegal substances increases the risks associated with the Activities, including, but not limited to, dehydration, dizziness, and impaired judgment, and I accept sole responsibility for my well-being.

Indemnification:

I agree to indemnify and hold harmless the Releasees from any claims, demands, or damages arising from my participation in the Activities, including any costs associated with legal defense. This includes all claims due to the negligence of the Releasees.

Release of Liability and Waiver of Claims:

I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS THE RELEASEES AND WAIVE ANY AND ALL CLAIMS AGAINST THE RELEASEES that I have now or in the future may have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, that I or my heirs, assigns, personal representatives may suffer arising from my participation in the Activities (the “Claims”) due, or alleged to be due, to any cause whatsoever, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF THE RELEASEES, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C.303, OR THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS RELATED TO THE ACTIVITIES.

I acknowledge and agree that this Waiver is a complete release of any responsibility of the Releasees for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action sustained by myself while participating in the Activities.

I HEREBY RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE any of the Releasees in respect of any Claims and further agree that if, despite this Release, I or anyone on my behalf, make any Claims against any of the Releasees, then I WILL INDEMNIFY, save and hold harmless each of the Releasees from any litigation expenses, legal fees, loss liability, damage or cost which any and all of the Releasees may incur as a result of such Claims.

Cautions While Using Hot/Cold Therapy:

I understand and acknowledge that certain health and medical conditions may increase the risk associated with the Activities. I agree to consult with my physician and any other medical specialists prior to participating in the Activities if any of the following apply to me:

• Pregnancy

• Allergies (e.g., pollen, insect stings, cedar, essential oils)

• Cold urticaria (allergic reaction to cold)

• Circulatory and heart conditions (including medications affecting blood pressure)

• Risk of hypothermia/heat exhaustion

• Diuretics, barbiturates, beta blockers, or other medications affecting heat loss

• Acute injuries (e.g., swelling)

• Fever, infections

• Peripheral neuropathy/diabetic neuropathy

• Raynaud’s syndrome

• Sensitivity to temperature changes (due to medications or conditions)

• Dehydration, such as from a hangover

• Use of recreational drugs or alcohol

• Elderly participants (due to reduced ability to regulate body temperature)

• In the luteal phase of a menstrual cycle

  
  

Conditions for Use:

I agree to the following conditions when participating:

• There are to be no more than 10 people in the sauna at any time.

• Eating is not permitted inside the sauna.

• We encourage consumption of water during the sauna but no glass bottles.

• Shoes must be removed before entering the sauna.

• Priority is given to guests looking to leaving the sauna, please wait till they leave before entering.

• Do not alter the ventilation in the sauna.

• Shower before entering the water to wash of sweat and toxins.

• English Man River and many other rivers have a current which may not be visible, stay close to water’s edge.

• You must use the handrail when passing the sauna stove.

• Overfilling the sauna heater with wood is prohibited for safety reasons.

• Only the sauna host will add wood or tend to the sauna heater.

• If you are feeling unwell, dizzy, dehydrated or lightheaded, leave the sauna and notify a host.

• Use water shoes to protect your feet from sharp objects.

• Do not use the sauna or cold plunge under the influence of any drugs or alcohol.

• If you are feeling unwell, leave the sauna or water immediately.

• Respect the wildlife. If you see a bear, leave the water slowly and alert the host.

• If you cannot swim, only cold plunge using one of the Company’s tubs, cold showers, or buckets.

• You cannot use any of the Company’s equipment, including the sauna, without signing this waiver.

Cancellations & Refunds:

I understand that the Company does not offer refunds requested within 48 hours of the booking start time. Events will not be canceled due to bad weather unless the Company determines that there is a risk to health or safety, such as extreme conditions. If I cancel within the cancellation period, then I can reschedule your booking at no charge. For all bookings, private or community, modifications or cancellations must be made at least 48 hours in advance; otherwise, my reservation is subject to full payment. The Company reserves the right to cancel an event at any time. If the Company cancels, then I will receive a full refund.

Respect:

Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party—including our community members or staff—will not be tolerated. Malicious speech regarding topics such as sexual orientation, gender identity, age, ethnic origin, race, religion, disability, or body size; sexist comments; or hate speech of any kind will result in immediate removal from the event.

Discrimination against anyone based on race, ethnic origin, religion, disability, gender identity, age, veteran status, sexual orientation, or any other characteristic will not be tolerated.

In short, treat each other with respect. Feelgood Collective is a welcoming community where diversity is encouraged to thrive.

Age Requirement:

By signing this Waiver, I confirm that I am at least 19 years of age or older. I acknowledge that participants must be 19 years of age or older to partake in the Activities.

Photography & Social Media:

I understand and agree that the Company and its representatives may take photos or videos of me during events for promotional purposes, including posting on social media platforms. By signing this Waiver, I also grant permission for the Company to use my likeness in any promotional materials without compensation. I waive any rights to review or approve any promotional materials, including social media posts, that may feature me.

Recommended Usage:

If you are new to hot/cold therapy, it is recommended to begin with short intervals (5-10 minutes in the sauna followed by 1-3 minute in the cold plunge and then resting for a period of 5-10 minutes) and gradually increase as tolerated. This is a self-guided experience, although we have recommendations in place, you must listen to your body. If you feel uncomfortable at any point, exercise caution and consider ending your session early or taking a break from the Nordic cycle.

Jurisdiction and Governing Law:

This waiver is governed by the laws of British Columbia. Any disputes arising from this Waiver or participation in the Activities will be resolved under BC law and jurisdiction.

Dispute Resolution:

I agree that I will work in good faith with the Releasees to resolve any disputes that may arise under this Waiver or in participation of the Activities. Where a dispute arises out of or in connection with this Waiver that cannot be resolved by these persons, the parties agree to seek an amicable settlement of that dispute by mediation. If the parties cannot agree on a mediator within ten (10) days after referral of a matter to mediation, then either party may make application to court to appoint one. The mediation shall be held in accordance with the Vancouver International Arbitration Centre’s “Mediation Rules of Procedure”, and the costs of mediation shall be shared equally between the parties.

Severability:

In the event that any part, section, clause, paragraph or subparagraph of this Waiver is held to be invalid, illegal or otherwise voidable or unenforceable, the entire agreement will not fail on account thereof, and the balance of this Waiver will continue in full force and effect.

Electronic Agreement:

I HAVE READ AND UNDERSTOOD THIS WAIVER IN ITS ENTIRETY AND I UNDERSTAND THAT BY SIGNING THIS WAIVER I AGREE TO BE BOUND BY THIS AGREEMENT AND I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY CHILD, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I HAVE SIGNED THIS AGREEMENT FREELY AND WITHOUT INDUCEMENT, DURESS, OR UNDUE INFLUENCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF THE COMPANY AND OTHER RELEASEES TO THE GREATEST EXTENT ALLOWED BY LAW.

By signing "I agree," "I accept," or equivalent language, you agree to be bound by this Waiver.