Kolm Kontrast Waiver Agreement

PLEASE READ CAREFULLY

In consideration of Kolm permitting you (“I” or “me”) to participate in activities including breathwork, meditation, exercise, sauna, ice bath, use of tea room, and other amenities (collectively, the “activities”), and for other good and valuable consideration, you agree to all the terms and conditions set forth in this waiver agreement.

ACKNOWLEDGMENT OF RISKS

I, the undersigned Participant, acknowledge and understand that the use of ice baths and saunas involves certain inherent risks, including but not limited to:

• Potential physical injury due to extreme temperatures or improper use.
• Risk of adverse health effects for individuals with certain medical conditions.
• Possible slip and fall accidents due to wet surfaces.

MEDICAL CONDITION

I affirm that I am in good health and have no medical conditions that would contraindicate my use of the ice bath and sauna. I have consulted with my physician regarding my participation and have obtained medical clearance if necessary. I acknowledge that I will not use the facilities or participate in any activities if I am feeling sick, unwell, or experiencing any symptoms of illness.

I affirm I will not use the facilities or participate in activities if experiencing any specific symptoms including diarrhea, vomiting, open sore(s), or bandages, head colds, discharging ears or noses, or ear infections. Or any specific symptoms of a contagious illness, disease or condition that would be spread to other participants.

ASSUMPTION OF RISK

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 and I assume all associated risk with my participation, whether caused by the negligence of Kolm or otherwise. I understand that I should consult a doctor in advance of performing or participating in any activities and I should advise Kolm of any health concerns in advance of participating in the activities. 

I hereby expressly waive and release any and all claims which I have or may have in the future against Kolm, any entities (including, without limitations, companies, partnerships, and trusts) owned, in whole or in part, by Kolm, and each of their affiliates and their respective directors, managers, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, the “releasees”) arising out of or related to any of the activities (including while on my way to, while at, and while leaving any premises at which Kolm offers any of the activities), the service due to any whatsoever, including, without limitation, the negligence of Kolm or any releasee, breach of contract, or breach of statutory or any duty of care owing under occupiers liability legislation or otherwise. 

I covenant not to make or bring any such claim against Kolm from any liability. Under such claims I shall indemnify, defend and hold Kolm harmless against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses. 

I accept that Kolm assumes no responsibility whatsoever for, directly or indirectly, for any of my personal property, regardless of whether such property is lost, stolen or damaged. 

‍In consideration of being allowed to use the ice bath and sauna facilities, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue Kolm, its officers, directors, employees, agents, and volunteers from any and all liability for any loss, injury, damage, or claim arising out of or related to my participation in the ice bath and sauna activities.

INDEMNIFICATION

I agree to indemnify and hold harmless Kolm (its directors, officers, employees, independent contractors, shareholders, agents, successors and assigns, owners, licensees and lessees of the facility or premises used for the activity and all of their respective affiliates, successors and assigns) from and against any claims, demands, liabilities, costs, or expenses arising out of or in any way connected with my participation in the activities.

CONSENT TO MEDICAL TREATMENT

In the event of an emergency, I consent to receive medical treatment that may be deemed necessary and appropriate by medical professionals. I understand that I will be responsible for any costs associated with such treatment.

ADDITIONAL HEALTH DISCLAIMER

I agree to conduct myself in a safe and responsible manner. I agree that I will not participate in the program while under the influence of drugs or alcohol and will not consume drugs or alcohol while participating in the program. 

Few people may have seizures or blackouts when exposed to certain visual images, such as light flashes or patterns that may appear in videos. Immediately stop participating in the program and consult a doctor if you experience any seizure related symptoms. I agree to fully assume all such risks and accept personal responsibility for the damages following injury. 

We do not recommend using facilities during pregnancy. We do not recommend use for any person(s) with circulatory or heart conditions including; those taking medication that might affect blood pressure, coronary heart disease, angina, high risk for heart attack, congestive heart failure, arrhythmia (irregular heart rhythms), valve disease, high blood pressure, inherited heart conditions. High risk of hypothermia/heat exhaustion. You are responsible for monitoring and managing your limits in the ice baths and sauna.

AGREEMENT TO TERMS

I have read this Waiver Agreement, fully understand its contents, and voluntarily agree to its terms. I acknowledge that I am signing this document of my own free will and recognize that my signature represents the complete release of any liability to the greatest extent permitted by law.

Kolm Kontrast TERMS OF SERVICE

This terms of service agreement (“this agreement” or “these terms”) is a legal agreement between you and Kolm (HCS Project LTD) ( “Kolm,” “the company”, “us,” or “we”), regarding your use of services (any classes, events or activities  hosted, sponsored, or affiliated with Kolm whether via a Kolm in-person location, Kolm: booking app, instructors (“guides”) employed or otherwise retained by Kolm, and/or any applicable downloadable software program that you are accessing or installing on your device or personal computer, including the Kolm booking app.

By accessing and using the Platform and Services you agree to be bound by these Terms of Use, whether or not you have read them. If you do not agree with these Terms of Use, your sole recourse is to immediately cease visiting the Platform or additional Services. 

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ELIGIBILITY 

You represent and warrant that you are over the age of 18. We do not allow individuals under the age of 18 to use our Services. If you are a minor, please refrain from using our Services.

SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

Unfortunately, the transmission of information via the Internet is not completely secure. We cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a user’s internet connection are aware of these Terms and comply with them. The Platform, including content or areas of the Platform, may require user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. 

Your provision of registration information and any submissions you make to the Platform through any functionality (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You are responsible for any password misuse or any unauthorized access. 

PART 1: ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND WAIVER OF CLAIMS 

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‍PLEASE READ CAREFULLY
‍In consideration of Kolm permitting you (“I” or “me”) to participate in activities including breathwork, yoga, meditation, exercise, sauna, ice bath, use of tea rooms, and other amenities (collectively, the “activities”), and for other good and valuable consideration, you agree to all the terms and conditions set forth in this agreement (this “agreement”).

‍ASSUMPTION OF RISKS
1. I am aware and understand that the activities may involve many risks, dangers and hazards. I acknowledge that I am voluntarily participating in the activities. I assume all the risks, dangers and hazards involved and the possibility of injury, death or property damage, whether caused by the negligence of Kolm 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 Kolm of any health concerns in advance of starting the activities.
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2. I hereby expressly waive and release any and all claims which I have or may in the future have against one or more of Kolm, any entities (including, without limitation, companies, partnerships, and trusts) owned, in whole or in part, by Kolm, and each of their affiliates and their respective directors, managers, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, the “releasees”), arising out of or related to any of the activities (including while on my way to, while at, and while leaving any premises at which Kolm offers any of the activities), the service due to any cause whatsoever, including, without limitation, the negligence of Kolm or any other releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise.
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3. I covenant not to make or bring any such claim against Kolm or any other releasee, and forever release and discharge Kolm and all other releasees from any liability whatsoever under such claims. I shall indemnify, defend, and hold Kolm 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 or nature whatsoever, including reasonable legal fees, incurred in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the activities.

4. 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.
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5. This agreement is binding on and shall ensure to the benefit of Kolm and me and each of our respective (as applicable) executors, administrators, successors, and permitted assigns.

6. If you live in Canada, this agreement shall be interpreted and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein; and 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 British Columbia, and I hereby consent to the exclusive jurisdiction of such courts.

7. Without limiting any of the foregoing, I agree that if I am engaging in or if I engage in the any activities , the service in my capacity as an employee, agent, director, officer, or other representative of any entity, I agree that I am authorized to bind such entity, and that, by entering into this agreement, I also agree that this agreement shall also be deemed to apply to any claims that such entity may have arising from or relating to the activities and shall function as a release from both (i) me in my individual capacity; and (ii) such entity.

8. 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 Kolm and the releasees. 

PART 2: ADDITIONAL TERMS

‍COMMUNITY GUIDELINES
PRIVACY
By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Platform and provision of the Services. 

By using this Platform, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Platform use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately. For more information on this automated information gathering practices, see our Privacy Policy.
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RESPECT
Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, including our community members or staff; malicious speech regarding topics of sexual orientation, gender, gender identity, age, ethnic origin or race, religion, nationality, disability, size, veteran status, marital status, sexist comments; or hate speech will not be tolerated.

‍ADDITIONAL HEALTH DISCLAIMER
I agree to conduct myself in a safe and reasonable manner. I agree that I will not participate in the program while under the influence of drugs or alcohol and will not consume drugs or alcohol while participating in the program.

I affirm I will not use the facilities or participate in activities if experiencing any specific symptoms including diarrhea, vomiting, open sore(s), or bandages, head colds, discharging ears or noses, or ear infections. Or any specific symptoms of a contagious illness, disease or condition that would be spread to other participants.

Few people may have seizures or blackouts when exposed to certain visual images, such as light flashes or patterns that may appear in videos. Immediately stop participating in the program and consult a doctor if you experience any seizure related symptoms. I agree to fully assume all such risks and accept personal responsibility for the damages following injury.

‍ACCOUNT
You must create an account to use the service. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the service and activities.
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You are solely responsible for all activities that occur through your account. Users are responsible for keeping their login credentials confidential and safe. For this reason, users are also required to choose passwords that meet the highest standards of strength. By registering, users agree to be fully responsible for all activities that occur under their username and password.
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To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to info@kolmkontrast.com.

‍MEMBERSHIP SUBSCRIPTION FEES
‍Kolm offers membership subscription-based access to its in-person experiences. Kolm reserves the right to cancel, interrupt, or reschedule any class. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms Kolm specifies for the service, we grant you a non-exclusive, non-transferable, limited right, so long as the classes are available on the service to use for non-commercial, private use.
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The processing of payments or credits, as applicable, in connection with your use of the service will be subject to the terms, conditions and privacy policies of the payment processor and your credit card issuer in addition to these terms. Kolm is not responsible for any errors by the payment processor. In connection with your use of the service, Kolm will obtain certain transaction details, which will be used solely in accordance with its privacy policy.

Memberships are billed on a periodic basis as specified at the time of purchase (e.g.,monthly or yearly). Your membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the service is otherwise suspended or discontinued pursuant to this agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, Kolm will not reimburse you the member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges.

When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Kolm later increases the price of the subscription, we will notify you via email. We reserve the right to change the price of our subscription at any time, and will endeavor to notify you via email with at least 30 days notice. 

SERVICE PROVIDER
if you purchase classes, events, or activities (or a subscription with respect to any classes, events, or activities) that take place at one of Kolm’s in-person locations, then you are contracting with the following entity:
– 8th & Cambie (Vancouver, Canada): HCS Project Ltd.

‍OFFERS AND DISCOUNTS
‍Kolm may offer discounts, promo codes, or provide special offers for the purchase of products or activities. Any such offer or discount shall always be subject to the eligibility criteria and are always granted at our sole discretion. Repeated or recurring offers or discounts create no claim/title or right that users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or in limited quantity.

‍COUPONS AND OFFER CODES
‍Offers or discounts can be based on coupons and offer codes. Unless otherwise stated, these rules apply to the use of coupons:
Each coupon is only valid when used in the manner and within the timeframe specified on the website and/or the coupon;
A coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted; unless otherwise stated, single-use coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases; a coupon cannot be applied cumulatively;
The coupon must be redeemed exclusively within the time specified in the offer. After this period, the coupon will automatically expire, precluding any possibility for the user to claim the relevant rights, including cash-out;
The user is not entitled to any credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
The coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the coupon.

‍PURCHASES VIA APP STORE AND GOOGLE PLAY
‍the apps or specific products available for sale on the apps must be purchased or otherwise installed via a third-party app store. To access such apps or purchases, users must follow any applicable instructions provided on the relevant online store (such as “apple app store” or “google play”), which may vary depending on the particular device in use.unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these terms.users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

‍PROPRIETARY RIGHTS
‍Materials with respect to the service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “material“) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Kolm or by third parties that have licensed or otherwise provided their material to the company. You acknowledge and agree that all materials on the service are made available to you for limited, non-commercial, personal use only. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the company’s prior express written permission.

‍CONSENT TO ELECTRONIC COMMUNICATIONS
‍By using the service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. you are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the service, including without limitation any SMS / text messaging fees, data charges, and other fees.

‍UPDATES TO OUR TERMS OF SERVICE
‍We may occasionally update this terms of service agreement. When we do, we will also revise the “last updated” date at the end of this document. Your continued use of our service after such changes will be subject to the then-current terms.

‍CONTACTING KOLM
‍For questions, comments, complaints, or claims related to Kolm location(s), please contact us at info@kolmkontrast.com


LAST UPDATED: JULY 30, 2024