Liability Waiver

Last Updated: October 27, 2025

This Waiver and Release of Liability (“Waiver”) is executed by and between The Effervescence LLC, an Oregon limited liability company doing business as Flux Lounge (“Flux Lounge” or “Released Party”), and the undersigned individual (“Participant”).

In consideration for being permitted to access and use Flux Lounge’s hydrotherapy, contrast therapy, and related wellness facilities, amenities, and services (collectively, the “Services”), Participant agrees as follows:

1. Assumption of Risk

   Participant acknowledges that participation in the Services involves inherent risks, both known and unknown, including but not limited to slips, falls, burns, fainting, drowning, dehydration, cardiovascular events, aggravation of existing medical conditions, communicable illness, injury, and death. These risks may arise from Participant’s own actions, the actions or omissions of others, the condition of the premises, or the operation of mechanical or thermal equipment.

   Participant understands that Flux Lounge maintains sanitation, temperature, and water-quality protocols consistent with industry standards but cannot guarantee a disease-free or injury-free environment. Participant voluntarily and knowingly assumes all risks of injury, illness, or death associated with participation in the Services, whether caused by the negligence of any Released Party or otherwise.

   Participant agrees to participate only to the extent that feels safe and comfortable, to monitor personal tolerance during thermal or cold immersion, and to discontinue participation immediately upon any feeling of discomfort, dizziness, or distress.

2. Health Representation

   Participant represents that they are in good physical condition and capable of safely engaging in the Services. Participant has been advised to consult a licensed medical professional prior to participation and accepts full responsibility for choosing to participate with or without such consultation. Participant agrees not to use the facilities if experiencing fever, open wounds, infection, or any contagious illness that could pose a risk to others.

3. Compliance with Policies

   Participant agrees to comply with all posted facility rules, instructions provided by Flux Lounge staff, and all policies referenced in the Flux Lounge Guest Agreement or Terms of Service. Flux Lounge reserves the right to deny or terminate access to the premises for any behavior deemed unsafe, disruptive, or inconsistent with facility policies.

4. Release and Waiver of Claims

   To the fullest extent permitted by law, Participant hereby irrevocably waives, releases, and discharges Flux Lounge, its owners, members, managers, officers, employees, agents, contractors, successors, insurers, and assigns (collectively, the “Released Parties”) from any and all claims, demands, damages, causes of action, losses, liabilities, or expenses (including attorneys’ fees and costs) arising out of or related to the Services or Participant’s presence on the premises.

   This release includes, without limitation, claims for personal injury, illness, communicable-disease exposure, property damage, economic loss, or death, whether arising from the alleged negligence of any Released Party or otherwise. Participant expressly agrees that this release is intended to be as broad and inclusive as permitted by Oregon law.

5. Indemnification

   Participant shall defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, damages, or expenses (including reasonable attorneys’ fees) brought by any person arising out of or related to Participant’s participation in the Services, violation of any rule or policy, or conduct while on the premises.

6. Incident Reporting

   Participant agrees to promptly notify Flux Lounge staff of any injury, illness, unsafe condition, or incident occurring on the premises. Notification may be made in person to a Host or by emailing info@flux-lounge.com immediately following the incident. Failure to provide timely notice may limit available remedies.

7. Modification

   No modification or amendment of this Waiver shall be valid unless in writing and executed by an authorized representative of Flux Lounge. Oral statements or assurances shall not alter the terms herein.

8. Severability

   If any provision of this Waiver is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9. Governing Law; Dispute Resolution; Class-Action Waiver

   This Waiver shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict-of-law principles. Any dispute arising out of or related to this Waiver or the Services shall be resolved by binding arbitration in Deschutes County, Oregon, administered under the rules of the American Arbitration Association.

   Participant and Flux Lounge agree that any dispute resolution proceeding shall be conducted only on an individual basis and not in any class, consolidated, or representative action, and each party waives any right to a jury trial to the fullest extent permitted by law.

10. Entire Agreement

    This Waiver constitutes the entire agreement between Participant and Flux Lounge with respect to liability and risk assumption and supersedes any prior oral or written understandings regarding these matters.