SAVU Spa, Inc. 

Release, Waiver, and Indemnification Agreement

In consideration of my use of the sauna and related facilities (the “Activity”) provided by Savu Spa, Inc. d/b/a Savu (“Savu”) I have read, understand, and agree to the following:

The “Activity” includes any use of any and or all Savu facilities including but not limited to: Saunas, Cold plunges, deck space, restrooms, changing rooms, parking areas and onsite trails and any other activity related to the use of facilities offered by or manufactured by Savu.

Assumption of Risk. Participation in the Activity involves inherent risks, including the risk of injury.  

The sauna can reach temperatures of up to 220℉ and humidity levels of up to 50%. The cold plunge can reach temperatures as low as 32℉.  The SAVU experience is an outdoor activity and carries with it all associated risks of being outdoors, including but not limited to frostbite, hypothermia, hyperthermia, heat exhaustion and stroke, sun burns, slipping and falling, lighting strikes, and falling tree limbs.  Other potential injuries could include but are not limited to: dehydration, injuries caused by fainting, heat stress, heat stroke, dermal and subdermal burns, musculoskeletal injuries, head injuries, cardio respiratory stress, sprains, broken bones, dislocations, head injuries, other serious injury, paralysis, and death.  These injuries could also be caused by the malfunction of the equipment, improper maintenance of the equipment, inadequate instructions and or warnings, or the NEGLIGENCE of Savu or the participation of another user in the Activity. 

The risk of injury increases with the temperature and duration of exposure to both heat and cold. 

During the Activity,  each individual user is required to use their own judgment to determine the exposure and duration of the use of the Savu facilities that is appropriate for them, and that judgment is never the responsibility of Savu, its partners, employees or anyone else. It is the user's sole responsibility to be sufficiently hydrated to participate in the Activity upon arrival and to continue to drink water to maintain proper hydration throughout the Activity.  Use of drugs or alcohol before or while participating in the Activity is strictly forbidden. 

If I am part of a group, I understand that the other members in my group may assume or be comfortable with different cultural and or social norms around the use of the sauna, for example whether or not clothing is worn. If I am participating in the Activity and wearing clothing is not required at the site where the Activity is taking place, I understand that it is my responsibility to affirmatively confirm the social and cultural norms that my group will adhere to prior to my participation in the Activity. If I become uncomfortable with the norms that have been agreed to or the behavior of another member of my group,  it is my responsibility to refuse to participate, and or to leave the Activity immediately.  Sexual harrassment and unwelcome sexual advances and or inappropriate sexual behavior in the presence of others are strictly forbidden.  

Savu reserves the right to refuse access to any user, to Savu’s services or facilities at any time for any reason that is not illegal. For example, Savu may suspend or terminate a user’s participation in the Activity if the user is under the influence of drugs or alcohol, or if there are or have been, in Savu’s sole discretion, credible reports of sexual harassment, unwelcome sexual advances or other inappropriate behavior by a user. However, Savu is under no obligation to investigate any particular report or take any particular action. Refusal of service due to these circumstances shall not entitle a user to any refund of any booking fees. 

I acknowledge that the inherent risks of participating in the Activity are serious, and that injury could result, that participation is voluntary and that I knowingly and willingly assume the inherent risks whether known or unknown involved in my participation in the Activity. I understand and acknowledge that my participation in the Activity  is entirely voluntary and that any action or lack of action, on my part is done solely by my own choice. 

I acknowledge that any harm, injury, or loss that may occur to me or my property as a result of my participation in the Activity, is neither the responsibility nor the liability of Savu. In the event that I am injured and there is an employee, partner, or agent of Savu present, I hereby authorize Savu to obtain on my behalf first aid or emergency medical care when such care is necessary, and I agree to assume any financial obligation, either through my personal health insurance, or through some other means, for any medical costs I incur.  I do not expect or anticipate that Savu will in any way assist or advise in mitigating risks associated with being outdoors in the natural environment. Any information given by Savu is for general awareness purposes only and not intended to be comprehensive guidance on outdoor safety. I understand and acknowledge that Savu assumes no responsibility for any medical expenses, injury, or damage suffered by me in connection with the use of any facilities or services in connection with the Activity.

I will abide by all rules for participation in the Activity, whether provided by Savu or a third party, and I understand that a violation of any rules could be cause for expulsion from the Activity and from future participation in the Activity.

Waiver.  In consideration for my participation in the Activity and all activities related to the Activity I, on behalf of myself, my heirs, successors, and assigns, hereby waive, release, discharge, and covenant not to sue Savu or David Nelson and Nicole Sweeney individually, including the members, employees, agents, and independent contractors of the foregoing (collectively, the “Released Parties”) from any and all claims due to any cause whatsoever, including carelessness, inaction, ordinary negligence, gross negligence, breach of contract or breach of any statutory or other duty of care on the part of the Released Parties to the greatest extent permitted by the State of Vermont. 

I will not hold the Released Parties liable in any way for any injury, death, or other damage arising out of or resulting from my participation in the Activity. I relinquish any rights that my spouse, heirs, estate or assigns may have to recover damages from the Released Parties as a result of any injury, death or other damage resulting from my participation in the Activity. I understand that this Agreement is in effect until I notify Savu, and that I can request to cancel my registration by contacting Savu at info@savu.cc 

Indemnification and Hold Harmless 

I, on behalf of myself, my heirs, successors, and assigns, also agree to HOLD HARMLESS AND INDEMNIFY Savu and any or all of the Released Parties from all claims against them resulting from my negligence, gross negligence or willful or reckless conduct, or the negligence, gross negligence or willful or reckless conduct of my minor participant,  in connection with my participation (or that of my minor participant) in the Activity. I further agree to pay Released Parties’ expenses, including attorneys’ fees, in the event that I, my spouse, children or anyone on my (or my children’s) behalf, asserts a claim or lawsuit against Released Parties for injuries or damages arising out of my participation (or that of my minor participant) in this event. I acknowledge this agreement to pay specifically includes claims or lawsuits brought by, or on behalf of, any minor participant identified below on this form, including claims brought once the minor reaches the age of majority. 

I agree that the purpose of this agreement is that it shall be an enforceable WAIVER OF LIABILITY, RELEASE, AND INDEMNITY as broad and inclusive as is permitted by Vermont law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement. 

Acknowledgment and Understanding 

By signing this Agreement if in paper form, or clicking “Register,” “Purchase,” “Buy Now,” or any other phrase on the purchase button, entering my credit card information, or otherwise enrolling, electronically, verbally, or otherwise in the ActivityP I, in my personal name and on behalf of my relatives, heirs, legal I knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of the Released Parties or others and assume full responsibility for my participation in the Activity. I certify that I have read this waiver of liability and indemnity agreement and acknowledge, represent & warrant that I understand I am giving up substantial legal rights, including my right to sue, and that (1) I am doing so voluntarily and (2) I am of 18 years or older and of sound mind, or if under 18, have discussed fully with my parent or guardian. I further agree and acknowledge that my signature below constitutes a complete assumption of the inherent risks of the Activity, a waiver of my rights to sue, and an agreement to indemnify and hold harmless the Released Parties.