Terms & Conditions
I have elected to participate in a cold water immersion therapy or sauna session with a representative from IcePass and/or elected to book a personal ice bath or sauna session. I acknowledge, appreciate, and agree that:
AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by an IcePass representative. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest IcePass or gym employee immediately.
ASSUMPTION OF THE RISKS
I recognize on behalf of self, spouse, heirs, estate and assigns that the risk of injury from the activities involved in this program is significant. I recognize that severe injuries, including permanent paralysis or death can occur in sports or activities involving height or motion, the activities including but not limited to breath work, training routines with ice/cold/heat, extreme heat, saunas, extreme cold, ice baths, weather conditions, condition of participants, equipment, or other factors. Potential injuries include but are not limited to heart failure, loss of consciousness, and stroke and may be caused by extreme cold, ice baths, weather conditions, condition of participants, equipment, or other factors. While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury still does exist. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of IcePass or others such as volunteers and trainers, and I assume full responsibility for my participation. I acknowledge and understand that while participating in the activity of an IcePass session, while rare:
- I could be injured, physically or mentally, or in extremely rare cases may die.
- My personal property may be lost, damaged or stolen at no responsibility of IcePass.
- Other participants may cause me injury or may damage my property.
- I may cause injury to other persons or damage their property.
- The conditions in which the activity is conducted may vary without warning
- I may be injured or die or suffer damage to my property as a result of the negligence or breach of contract.
- There may be no or inadequate facilities for treatment or transport in case of an accident and/or injury.
- I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the activity.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless IcePass, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event, for any and all injury, disability, death, or loss or damage to person or property arising out of the presence of a ice bath or sauna(if available) and use thereof, whether caused by the fault of myself, IcePass or other associated third parties, to the fullest extent permitted by law.
I agree to indemnify and defend IcePass against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of the facilities made available by IcePass.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.
ARM’S LENGTH AGREEMENT
This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I understand while participating in this activity, I may be filmed or photographed. I grant a license to the activity organizer and affiliates to use my photo, video, or film likeness to be used for any legitimate purpose.
This Agreement shall be governed and interpreted in accordance with the laws of the United States of America (without regard to the choice of law or conflicts of law principles). In the event of a dispute arising out of or in any way relating to this document or an IcePass session to which it refers, jurisdiction and venue shall be the courts of California and only in those courts. The parties irrevocably waive any objections or defenses based on lack of personal jurisdiction, improper venue, or forum non convenience. To the extent allowed by law, the parties waive their right(s) to a jury trial in any action arising out of or in connection with this document or IcePass to which it refers. The parties further agree that any claims, disputes, or actions of any kind shall be resolved individually and without resort to any form of class action. I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
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Only one discount can be applied at a time. IcePass discounts for partner gym / studio will be verified on a monthly basis. If an IcePass member cancels their membership with a partner gym / studio, the IcePass membership will return to full price.
REFUSAL OF SERVICE
IcePass services offered are subject to our acceptance of your order or requests. We reserve the right to refuse services to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed and participation accepted. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.TERMS AND CONDITIONS OF MEMBERSHIP AGREEMENT6 month commitment memberships can not be canceled early.
- Membership commences on the date of sign up and amount will be charged on that date of month each month unless otherwise noted.
- All memberships paid monthly are not refundable in part or full after auto-draft has gone through under any circumstances. Memberships paid upfront are not refundable under any circumstances.
- A $25 fee will be charged for all insufficient funds, late payments, and returned checks.
- Members may put membership on hold for up to 2 month after 6 months of continued auto-drafting dues. This option will only be rewarded when requested by e-mail to firstname.lastname@example.org. There is a $10.00/month charge for all membership holds to cover administration expenses.
- All memberships paid monthly will renew automatically month to month. For cancellations, holds, and/or changes to memberships for any reason, members must notify IcePass via email at email@example.com at least one month prior to next auto-draft, putting “membership cancellation, membership hold, or membership change” as subject heading of email. In turn, IcePass will send a confirmation via email after the changes have been made to the account. Members agree that IcePass could take up to 7 business days to respond. All termination of this policy must be requested by members/students one pay period in advance. Members are subject to pay the last month’s payment upon termination request. Once a member has submitted an email request for any changes to membership, it is the member’s responsibility to ensure that IcePass has responded back on the same email account to confirm processing the request. IcePass is in no way, under any circumstances, responsible for member’s negligence in checking their own bank statements to ensure that membership changes, holds, or cancellations have been processed correctly. In the event of miscommunication a member is responsible to produce a copy of their request and response from IcePass for review. In the event that a member cannot produce a copy of e-mail correspondence with IcePass then IcePass is not obligated to, nor will refund under any circumstances, dues debited from the member’s account.
- I Agree and understand I am signing a contract and commitment. I can not cancel the 6 month commitment membership before the time period is up. I understand that the all Monthly Memberships require a one month charge termination request notice and I must supply IcePass in an emailed notice to
- . The information I provide is my own. I understand there is a $25 fee for all payments that are declined and late. I understand my card will be charged and my membership remains after I’ve reached my minimum month requirement. I understand prices can change at any time.*