Waiver of liability

THIS LIABILITY WAIVER ARE A LEGAL AGREEMENTS BETWEEN YOU AND SALTAIR NORDIC SPA & WELLNESS (“SALTAIR”) REGARDING YOUR USE OF ALL SERVICES (“ACTIVITIES”).

BY CLICKING “I AGREE”, “I ACCEPT”, OR EQUIVALENT LANGUAGE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS

ASSUMPTION OF RISKS

I am aware and understand that the activities may involve many risks, dangers, and hazards, including but not limited to the risk of serious injury, death or property damage. I acknowledge that I am voluntarily participating in the activities. I freely accept and fully assume all of the risks, dangers and hazards involved and the possibility of injury, death or property damage, whether caused by the negligence of Saltair or otherwise. I understand that I should consult a doctor in advance of performing or participating in any of the activities and that I should advise Saltair of any health concerns in advance of starting the activities. I agree to fully assume all such risks and accept personal responsibility for the damages following any such injury.

I am aware, been informed and understand that Saltair employees have numerous responsibilities to perform. They seek to create a safe environment but may be unaware of a guest’s health or abilities.

I understand that there are alcoholic beverages available for purchase at the Saltair and I have been warned and understand that the consumption of alcoholic beverages in conjunction with the use of the sauna, pools and spa offerings can exacerbate the effects of alcohol and make me more prone to the risks, dangers and hazards above. I confirm and agree that I will consume alcoholic beverages responsibly at Saltair. I specifically acknowledge and accept that there is an increased risk of injury and death to me because of this. I elect to use the Spa despite this increased risk and freely accept and assume all risks, dangers and hazards related to my use of the Spa.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY

In consideration of Saltair permitting my use of the spa and facilities, and for other good and valuable consideration, the sufficiency of which is acknowledged.

I, ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY PARENTS, MY HEIRS, MY ASSIGNS, MY PERSONAL REPRESENTATIVES, AND MY ESTATE, AGREE AS FOLLOWS:

TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Saltair Nordic Spa & Wellness and to release Saltair from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my spouse, my children, my parents, my heirs, my assigns, my personal representatives or my estate may suffer as a result of my use of the Spa due to any cause whatsoever, including negligence, breach of contract, breach of statute, breach of regulation, breach of any statutory or regulatory duty of care and/or warranty, including any duty of care owed  by the spa, and also including any failure on the part of the spa to take reasonable steps to safeguard or protect me from the risks, dangers or hazards of my use of the spa including those referred to above.

To hold harmless and indemnify Saltair of and from any claims and liability, including all related legal fees and expenses, for any property damage, loss, personal injury or death to any third party, arising from or connected in any way with my use of the Spa Facility.

That the Waiver and any rights, duties and obligations as between the parties to the Waiver shall be governed in accordance with the laws of the Province of Nova Scotia and no other jurisdiction.

That any litigation, actions, suits or claims brought by me, my spouse, my children, my parents, my heirs, my assigns, my personal representatives or my estate against THE SPA arising or connected in any way to my use of the Spa Facility, shall be brought solely within the Province of Nova Scotia and shall be in the exclusive jurisdiction of the courts of the Province of Nova Scotia unless otherwise agreed to by the parties to the Waiver.

That if any portion of the Waiver is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

I CONFIRM that in entering the Waiver, I am not relying on any oral or written statements made by THE SPA, or the lack of any such representations or statements, with respect to the condition or safety of the Spa Facility, or any related equipment or apparatus, other than what is set forth in the Waiver.

I CONFIRM that I am age (18), or older, and that I have carefully read, considered, and understand the contents of the Waiver, and agree to be bound by its terms and I FURTHER CONFIRM that I am relying wholly upon my judgment, belief, and knowledge, freely and of my own accord, as acknowledged and confirmed by my digital signature hereon.

I hereby expressly waive and release any and all claims which I have or may in the future have against Saltair Nordic Spa and any entities (including, without limitation, companies, partnerships, and trusts) owned, in whole or in part, by Saltair, and each of their affiliates and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, the “Releasees”), arising out of or related to the Activities (including while on my way to, while at, and while leaving any premises at which Saltair offers the Activities), due to any cause whatsoever, including, without limitation, the negligence of Saltair or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against Saltair or any other Releasee, and forever release and discharge Saltair and all other Releasees from liability under such claims.

I shall indemnify, defend, and hold Saltair and all other releasees harmless against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the activities.

In the event that a court of competent jurisdiction determines that the release of claims is not valid, I agree that in no event shall the Releasees’ aggregate liability arising out of or related to the Activities exceed the greater of (i) the total amount paid by me to Saltair in the 6 months preceding the event giving rise to the claim; and (ii) $500.

This agreement constitutes the entire agreement of Saltair and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

This agreement is binding on and shall ensure to the benefit of Saltair and me and each of our respective heirs, executors, administrators, successors, and permitted assigns.

This Agreement shall be interpreted and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. To the extent permitted by applicable law, any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Nova Scotia, and I hereby consent to the exclusive jurisdiction of such courts.

The parties have required that this agreement and all documents and notices resulting from it be drawn up in English.

Saltair receives the benefit of this Agreement on behalf of the other Releasees, as trustee and agent for such Releasees. Saltair shall be entitled to enforce this Agreement on behalf of each of the other Releasees.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SALTAIR AND THE RELEASEES.