PLEASE READ CAREFULLY. THIS IS A RELEASE OF LEGAL RIGHTS, INCLUDING RIGHTS BELONGING TO YOUR CHILD. BY SIGNING IT YOU GIVE UP THE RIGHT TO SUE FLUX LOUNGE FOR CERTAIN INJURIES, INCLUDING INJURIES CAUSED BY ORDINARY NEGLIGENCE. DO NOT SIGN IT UNLESS YOU HAVE READ IT IN FULL.
This Minor Participant 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 parent or legal guardian signing below (“Parent”), on behalf of the minor identified below (“Minor Participant”) and on Parent’s own behalf.
Parent represents that Parent is the parent or legal guardian of the Minor Participant, that Parent has full legal authority to enter into this Waiver on the Minor Participant’s behalf, and that the Minor Participant is at least fourteen (14) years of age. Flux Lounge does not admit participants under fourteen (14) years of age. Flux Lounge may require proof of age and of guardianship and may deny access if it is not provided.
Flux Lounge operates a facility where the Minor Participant may engage in hot water immersion, cold water immersion, contrast therapy, soaking, and related recreational, fitness, and wellness activities, may use associated lounge areas, may participate in breathwork, and may receive services from independent practitioners as provided in Section 7 (the “Activity”). Parent 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 Parent 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) Where the Minor Participant takes part in breathwork, risks of breathwork and guided breathing exercises, including dizziness, lightheadedness, tingling, muscle spasm and tetany, emotional distress or release, and fainting; and the fact 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.
(h) Where the Minor Participant receives services from an independent practitioner, risks arising from those services, including soreness, bruising, aggravation of an existing condition, and injury.
(i) 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.
(j) Risks arising from the Minor 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.
(k) Risks arising from the acts or omissions of other guests.
Parent further acknowledges the following, which apply with particular force to adolescents:
(a) Adolescents may regulate body temperature less efficiently than adults and may reach a dangerous core temperature more quickly during hot water immersion, and may do so without recognizing the warning signs.
(b) The Minor Participant may be less likely than an adult to recognize, report, or act on symptoms of overheating, dehydration, or distress, and may be more likely to remain in the water past the point of safety in the presence of peers.
(c) Long or unsecured hair presents a documented entrapment risk in spa and hot tub environments, which has resulted in serious injury and death.
(d) Immersion immediately following intense athletic exertion may compound dehydration, low blood pressure, and lightheadedness.
Parent knowingly and voluntarily accepts each of the risks disclosed in Sections 3 and 4 on behalf of the Minor Participant and on Parent’s own behalf, whether or not specifically foreseen.
Parent represents that the Minor Participant is in suitable physical condition to engage in the Activity, that Parent has considered whether to consult a licensed medical professional and accepts full responsibility for that decision, and that Parent has disclosed to Flux Lounge any condition or medication that may make immersion or breathwork unsafe. Parent agrees not to permit the Minor Participant to participate if the Minor Participant’s health or medications change in a way that makes participation unsafe. Parent understands that Flux Lounge does not provide medical advice and that its staff are not medical professionals and do not screen for medical fitness.
Parent agrees that the Minor Participant will observe the following rules, and that Flux Lounge may remove the Minor Participant from the water or from the premises, without refund, for failure to observe them:
(a) The Minor Participant must be at least fourteen (14) years of age.
(b) The Minor Participant must secure long hair, and must not wear loose jewelry or clothing, while in any pool.
(c) The Minor Participant must observe the posted maximum immersion time and must exit the water at any sign of overheating, dizziness, or discomfort.
(d) The Minor Participant must remain in the areas designated for guest use and must follow all posted rules and staff instructions.
(e) The Minor Participant may not purchase, possess, or consume any alcoholic or hemp-derived beverage on the premises, and will not be served either. Those beverages are served only to guests twenty-one (21) years of age or older.
Massage, bodywork, breathwork, and other services offered at Flux Lounge are provided by independent practitioners who are not employees or agents of Flux Lounge, and Flux Lounge does not supervise, direct, or control those services.
By executing this Waiver, Parent consents to the Minor Participant participating in breathwork and other instructional programming, and receiving massage, bodywork, and other services from independent practitioners at Flux Lounge.
Parent understands that each practitioner is independently licensed or certified and is responsible for observing whatever conditions their licensing board and their professional liability insurer require when providing services to a person under eighteen (18) years of age, including any requirement of parental consent or parental presence during a session. Flux Lounge does not set, monitor, or enforce those conditions, and Parent should confirm them with the practitioner directly before the Minor Participant receives services.
Parent agrees to disclose to the practitioner any health condition, injury, medication, or allergy relevant to the service before each session.
Parent acknowledges that this Waiver does not release any claim against a practitioner, and that claims relating to abuse or to physical or sexual assault may not be released under Oregon law and are not released by this Waiver.
Parent understands and acknowledges that Flux Lounge holds a license issued by the Oregon Liquor and Cannabis Commission and serves beer and wine on the premises, that adult guests may consume alcoholic beverages in areas the Minor Participant may also occupy, and that Parent has considered this in deciding to permit the Minor Participant to attend. Flux Lounge does not serve alcoholic or hemp-derived beverages to any person under twenty-one (21) years of age and verifies age before service.
In consideration of the Minor Participant being permitted to participate in the Activity, Parent, on behalf of the Minor Participant and on Parent’s own behalf, and on behalf of Parent’s and the Minor Participant’s heirs, executors, administrators, and assigns, 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 Sections 3 and 4, including where those injuries result from the ordinary negligence of a Released Party.
Parent additionally releases the Released Parties from any claim Parent may have in Parent’s own right arising from injury to the Minor Participant, including claims for medical expenses, loss of services, and loss of companionship, to the fullest extent such claims may be released under Oregon law.
Parent agrees that this release is given voluntarily, that Parent has read and understands it, that Parent has had the opportunity to ask questions about it, and that Parent is not required to sign it in order to obtain any essential service.
This Waiver does not release, and Parent 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.
Parent 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 the Minor Participant’s violation of posted rules or staff instructions, or Parent’s failure to disclose a health condition as required by Section 5. This paragraph does not require Parent to indemnify any Released Party against that party’s own negligence.
In the event of injury or medical emergency involving the Minor Participant, Parent authorizes Flux Lounge to summon emergency medical services and to permit the administration of emergency medical care by qualified personnel. Parent accepts financial responsibility for the cost of that care. Flux Lounge will make reasonable efforts to contact Parent at the number provided below. Flux Lounge is not responsible for the acts or omissions of emergency responders or medical providers.
Parent understands that Flux Lounge is a hosted facility with staff present during operating hours, but that staff do not provide lifeguarding, individual supervision, or monitoring of any individual guest, and that Flux Lounge does not accept custodial responsibility for the Minor Participant. Parent remains responsible for determining whether the Minor Participant is capable of participating safely without direct parental supervision.
Parent agrees that Parent or the Minor Participant will 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.
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. If the release in Section 9 is held unenforceable as to any claim or as to the Minor Participant, it shall remain enforceable as to every other claim and as to Parent individually. The assumption of risk in Sections 3 and 4 is independent of the release in Section 9 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. Parent 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 Parent and Flux Lounge with respect to assumption of risk and release of liability for the Minor Participant, and supersedes any prior oral or written understanding on those subjects. It is entered into together with the Flux Lounge Guest Agreement and Terms of Service, which govern their own respective subject matter.
Parent has read this Waiver in full, understands that it releases legal rights belonging to Parent and to the Minor Participant, and signs it voluntarily. Parent’s electronic signature has the same legal effect as a handwritten signature.
