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PLEASE READ CAREFULLY. THIS IS A RELEASE OF LEGAL RIGHTS. BY SIGNING IT YOU GIVE UP THE RIGHT TO SUE FLUX LOUNGE FOR CERTAIN INJURIES, INCLUDING INJURIES CAUSED BY ORDINARY NEGLIGENCE. YOU SHOULD READ IT IN FULL BEFORE SIGNING.
This Waiver, Release, and Assumption of Risk (“Waiver”) is entered into between The Effervescence LLC, an Oregon limited liability company doing business as Flux Lounge (“Flux Lounge”), and the individual signing below (“Participant”).
This Waiver applies to participants eighteen (18) years of age and older. A participant under eighteen (18) must have a Flux Lounge Minor Participant Waiver executed by a parent or legal guardian.
Flux Lounge operates a facility where Participant may engage in hot water immersion, cold water immersion, contrast therapy, soaking, breathwork, and related recreational, fitness, and wellness activities, and may attend events and use associated lounge and social areas (the “Activity”). Participant acknowledges that the Activity is a sport, fitness, or recreational activity involving elements of inherent risk, and that Flux Lounge is an operator of that Activity.
Flux Lounge discloses, and Participant acknowledges understanding, that the Activity carries the following inherent risks, among others:
(a) Risks of hot water immersion, including overheating and hyperthermia, dehydration, nausea, dizziness, lightheadedness, fainting on standing or exiting, lowered blood pressure, burns or scalding, and aggravation of cardiovascular conditions.
(b) Risks of cold water immersion, including cold shock response, involuntary gasp reflex and hyperventilation, elevated heart rate and blood pressure, cardiac arrhythmia, cold incapacitation and loss of muscular control, numbness, and continued core temperature drop after exiting.
(c) Risks of contrast therapy, meaning alternating hot and cold exposure, including rapid changes in heart rate and blood pressure, fainting, and disorientation.
(d) Risks of the water itself, including submersion and drowning. Flux Lounge does not provide lifeguard services and no lifeguard is on duty.
(e) Risks of entrapment, including entanglement of hair, jewelry, or clothing in drains, suction fittings, or other equipment.
(f) Risks of the physical environment, including slips, trips, and falls on wet decking, steps, ladders, and tile; collisions with fixtures; cuts and abrasions; and reduced visibility from steam or low lighting.
(g) Risks arising from consumption of alcoholic or hemp-derived beverages, including impaired judgment, coordination, and balance, increased dehydration, and acceleration of those effects by heat exposure.
(h) Risks of breathwork and guided breathing exercises, including dizziness, lightheadedness, tingling, muscle spasm and tetany, emotional distress or release, and fainting. Participant understands that these effects can occur more readily during immersion in heated water, that fainting while in water can result in drowning, and that holding the breath or submerging the head after breathing exercises substantially increases the risk of losing consciousness without warning.
(i) Risks arising from services provided by independent practitioners, including massage and bodywork, such as soreness, bruising, aggravation of an existing condition, and injury.
(j) Risks of exposure to communicable illness and waterborne organisms. Flux Lounge maintains sanitation and water quality protocols consistent with industry standards and applicable Oregon regulation, but cannot guarantee a disease-free environment.
(k) Risks arising from Participant’s own health conditions and medications, including cardiovascular disease, high or low blood pressure, seizure disorders, diabetes, neuropathy or impaired sensation, and pregnancy, each of which may make immersion or breathwork unsafe.
(l) Risks arising from the acts or omissions of other guests.
Participant knowingly and voluntarily assumes each of these risks, whether or not specifically foreseen, and accepts full responsibility for any injury, illness, or loss resulting from them.
Participant represents that Participant is in suitable physical condition to engage in the Activity, has been advised to consult a licensed medical professional before participating, and accepts full responsibility for choosing to participate with or without that consultation. Participant agrees to disclose to staff or to a session leader any condition or medication that may make immersion or breathwork unsafe, and not to participate if Participant’s health or medications change in a way that makes participation unsafe. Participant understands that Flux Lounge does not provide medical advice and that its staff are not medical professionals.
Participant agrees not to enter the pools while under the influence of alcohol, cannabis, or any substance or medication that impairs judgment, coordination, or the perception of heat or cold, and to observe Flux Lounge’s posted beverage service rules. Participant acknowledges that Flux Lounge may refuse or discontinue beverage service at any time in its sole discretion, and may deny pool access to any person who appears impaired.
In consideration of being permitted to participate in the Activity, Participant releases and discharges Flux Lounge, its owners, members, managers, officers, employees, agents, contractors, successors, insurers, and assigns (collectively, the “Released Parties”) from liability for damages for injuries resulting from the risks disclosed in Section 2, including where those injuries result from the ordinary negligence of a Released Party.
Participant agrees that this release is given voluntarily, that Participant has read and understands it, that Participant has had the opportunity to ask questions about it, and that Participant is not required to sign it in order to obtain any essential service.
This Waiver does not release, and Participant does not waive, any of the following, and nothing in this Waiver shall be construed to do so:
(a) Claims for conduct greater than ordinary negligence, including gross negligence, reckless conduct, willful misconduct, and intentional torts.
(b) Claims for negligence per se.
(c) Claims regarding the maintenance or inspection of safety equipment supplied by Flux Lounge, including drain covers, suction fittings, and anti-entrapment equipment.
(d) Claims regarding negligent safety-related training of an employee or agent of Flux Lounge.
(e) Claims relating to abuse as defined in ORS 419B.005, or physical or sexual assault.
(f) Claims regarding negligent hiring, training, credentialing, supervision, or retention, to the extent such claims may not be released under Oregon law.
(g) Any other claim that may not lawfully be released under Oregon law, including ORS chapter 31 and 2026 Or. Laws ch. 132.
Participant acknowledges that massage, bodywork, breathwork, and other services provided on the premises by independent practitioners are not services of Flux Lounge, that those practitioners are not employees or agents of Flux Lounge, and that this Waiver does not release any claim against a practitioner. Participant agrees that Flux Lounge is not responsible for the acts or omissions of a third-party practitioner, and that Participant’s agreement for those services is with the practitioner directly.
Participant shall defend, indemnify, and hold harmless the Released Parties from and against any claim, demand, damage, or expense, including reasonable attorney fees, brought by any person and arising out of Participant’s own violation of posted rules or staff instructions, Participant’s failure to disclose a health condition as required by Section 3, or Participant’s furnishing of alcoholic or hemp-derived beverages to another person. This paragraph does not require Participant to indemnify any Released Party against that party’s own negligence.
Participant agrees to notify Flux Lounge staff promptly of any injury, illness, unsafe condition, or incident occurring on the premises. Notice may be given in person to a Host or by email to info@flux-lounge.com. Failure to give timely notice may limit the remedies available to Participant.
If any provision of this Waiver is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect. In particular, if the release in Section 5 is held unenforceable as to any claim, it shall remain enforceable as to every other claim. The assumption of risk in Section 2 is independent of the release in Section 5 and survives any determination that the release is unenforceable.
This Waiver is governed by the laws of the State of Oregon, without regard to conflict-of-law principles. The parties will attempt to resolve any dispute arising out of or related to this Waiver or the Activity informally. If the dispute cannot be resolved within sixty (60) days of written notice, it shall be resolved exclusively by binding arbitration in Deschutes County, Oregon, administered under the rules of the American Arbitration Association. Written notice must be sent to Flux Lounge at the address listed in our Guest Agreement or to info@flux-lounge.com and must describe the nature of the claim and the relief sought. Participant and Flux Lounge agree that any dispute resolution proceeding shall be conducted only on an individual basis and not in any class, collective, consolidated, or representative action, and each party waives any right to a jury trial to the fullest extent permitted by law. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
This Waiver constitutes the entire agreement between Participant and Flux Lounge with respect to assumption of risk and release of liability, and supersedes any prior oral or written understanding on those subjects, including any prior health waiver. It is entered into together with the Flux Lounge Guest Agreement and Terms of Service, which govern their own respective subject matter.
Participant has read this Waiver in full, understands that it releases legal rights, and signs it voluntarily. Participant’s electronic signature has the same legal effect as a handwritten signature.