eversky: release and waiver of liability
1. Parties, Premises, and Activities
“Ever Sky” means Eversky Thermal Club, LLC, doing business as Ever Sky. “Activities” include entering or remaining at the premises; using or being near the Finnish sauna, cold-plunge tubs, showers, changing rooms, lounge, lockers, walking surfaces, furniture, and related equipment; participating in heat exposure, cold-water immersion, contrast cycles, breath or recovery instruction, events, and any other services or amenities offered by Ever Sky.
“Released Parties” means Ever Sky; Eversky Thermal Club, LLC; PSREG Armory Owner, LLC; RangeWater Residential, LLC; the owners, managers, affiliates, members, officers, directors, employees, staff, volunteers, contractors, agents, representatives, successors, and assigns of each; and the owners and managers of the premises and common areas.
2. Voluntary Participation; No Medical Advice
I choose to participate voluntarily. I understand that sauna use, cold-water immersion, and rapid temperature changes place substantial stress on the cardiovascular, respiratory, nervous, and temperature-regulation systems. Ever Sky and its staff do not diagnose, treat, cure, or prevent disease and do not provide medical advice. No statement by Ever Sky is a promise or guarantee of health, recovery, performance, or other benefit.
3. Health Representations and Responsibility
I represent and agree that:
- I am physically and mentally able to participate safely, and I will monitor my own condition and limits.
- I will not participate while intoxicated, impaired, feverish, acutely ill, experiencing chest pain, unusual shortness of breath, dizziness, faintness, confusion, or any other symptom that could make participation unsafe.
- I will not enter a plunge with an open wound, active skin infection, uncontrolled bleeding, or other condition that may endanger me or another guest.
- I will consult a qualified healthcare professional before participating if I am pregnant or may be pregnant; have cardiovascular disease, abnormal heart rhythm, high or low blood pressure, circulation problems, diabetes, seizure or neurological conditions, fainting history, impaired temperature regulation, recent surgery or injury; or take medication that may affect heart rate, blood pressure, sweating, circulation, alertness, or temperature regulation.
- I am responsible for deciding whether to begin, continue, shorten, or stop any Activity. I may stop at any time.
4. Specific Risks
I understand that the Activities involve known and unknown risks that may occur even when reasonable care is used. These risks include, without limitation:
- Heat stress, overheating, dehydration, electrolyte imbalance, nausea, headache, dizziness, fainting, loss of consciousness, heat exhaustion, heat stroke, and burns from hot air, steam, water, rocks, heaters, benches, doors, or other surfaces.
- Cold shock, involuntary gasping, rapid breathing, panic, hyperventilation, impaired judgment, numbness, loss of coordination or motor control, hypothermia, frost injury, loss of consciousness, and drowning.
- Cardiovascular events, including changes in blood pressure or heart rate, abnormal rhythm, cardiac arrest, heart attack, stroke, seizure, or death, particularly during heat-cold transitions.
- Slips, trips, falls, collisions, cuts, bruises, sprains, fractures, head or spinal injury, and injury while entering or exiting a sauna, tub, shower, changing area, or common area.
- Water-related hazards; aspiration; submersion; contaminated water or surfaces; communicable illness; skin, eye, or respiratory irritation; and allergic or chemical reaction.
- Equipment malfunction, electrical or mechanical failure, fire, smoke, steam, broken fixtures, interruption of utilities, crowding, acts or omissions of other guests, and emergency response delays.
- Damage, loss, or theft of personal property, including clothing, electronics, jewelry, and items stored in lockers or common areas.
- Other risks that are not presently known or reasonably foreseeable.
5. Express Assumption of Risk
I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL RISKS OF THE ACTIVITIES, WHETHER KNOWN OR UNKNOWN, INHERENT OR NON-INHERENT, INCLUDING RISKS ARISING FROM MY OWN CONDUCT, THE CONDUCT OF OTHER GUESTS, THE CONDITION OR USE OF THE PREMISES OR EQUIPMENT, AND THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
6. Release and Waiver of Claims for Ordinary Negligence
TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, I, FOR MYSELF AND FOR MY HEIRS, ESTATE, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO MY PRESENCE AT THE PREMISES OR PARTICIPATION IN THE ACTIVITIES, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
This release includes claims for personal injury, illness, disability, death, emotional distress, property damage, loss of consortium, medical expense, economic loss, and other damages, whether known or unknown and whether arising before, during, or after an Activity. This agreement does not release gross negligence, reckless conduct, willful or wanton misconduct, intentional misconduct, or a statutory or regulatory duty that cannot lawfully be waived.
7. Covenant Not to Sue
I agree not to file or maintain a lawsuit or other claim against a Released Party for any matter covered by the release above. This covenant does not apply to claims that Colorado law does not permit me to release.
8. Responsibility for My Conduct; Limited Indemnity
I am responsible for injury, loss, or property damage caused by my intentional, reckless, or negligent conduct; my violation of posted rules or staff directions; or my unauthorized use or alteration of equipment. I agree to indemnify and hold the Released Parties harmless from third-party claims, reasonable costs, and reasonable attorney fees to the extent caused by that conduct. This paragraph does not require me to indemnify a Released Party for that party’s gross negligence, reckless or willful misconduct, or nonwaivable legal duties.
9. Safety Rules and Staff Authority
I agree to:
Follow all posted rules, time and capacity limits, staff instructions, and equipment instructions; use handrails and designated steps; and walk carefully on wet surfaces. Wear required swimwear; shower before entering a plunge; use a towel where required; and keep glass, food, oils, lotions, and unauthorized substances away from the sauna and tubs. Never sleep in the sauna; never run; never enter a tub alone when prohibited; never tamper with temperature, filtration, electrical, mechanical, or safety equipment; and never pour any substance onto sauna rocks unless expressly allowed. Never intentionally hyperventilate, perform prolonged breath-holds, or practice underwater breath-holding before or during cold-water immersion. I will not place my face or head underwater unless Ever Sky expressly allows it and I can do so safely. Exit immediately and notify staff if I feel unwell, dizzy, faint, numb, confused, panicked, unusually short of breath, or unable to control my movement or breathing. Respect other guests, avoid unwanted contact or disruptive behavior, and comply with Ever Sky’s 18+ policy and facility rules. Accept that Ever Sky may refuse or end participation, remove me from the premises, or require medical evaluation when staff reasonably believes safety or conduct is at issue.
10. Emergency Care
If I appear injured, ill, unconscious, impaired, or unable to respond, I authorize Ever Sky to provide reasonable first aid, contact emergency services, use an automated external defibrillator if available, and share information reasonably necessary for emergency care. I understand that Ever Sky is not obligated to provide medical care and that I am financially responsible for ambulance, hospital, physician, and other medical costs incurred on my behalf.
11. Personal Property
I am responsible for my belongings. To the fullest extent permitted by law, the Released Parties are not responsible for loss, theft, or damage to unattended property, including items placed in lockers, cubbies, changing rooms, the lounge, parking areas, or other common areas.
12. Adult Environment; Music and Art
Ever Sky is intended primarily for adults. Music, films, visual art, spoken content, or events may contain uncensored language or mature themes. I understand that this content is part of the environment, is not directed personally at me, and that I may leave or ask staff about the content at any time.
13. Age Policy
I represent that I am at least eighteen (18) years old. A person under 18 may participate only with Ever Sky’s prior written approval. Ever Sky may decline minor participation for any reason.
14. Term; Electronic Signature; Changes
This agreement applies to my current and future visits and Activities until replaced by a later agreement or revoked by me in writing. Revocation is prospective only and may result in loss of permission to participate. I agree that an electronic signature, checkbox, typed name, or digital acceptance intended as my signature has the same effect as my handwritten signature. Ever Sky may require me to sign an updated agreement when services, rules, ownership, law, or risk materially changes.
15. Colorado Law; Venue; Severability
Colorado law governs this agreement, without regard to conflict-of-law rules. Any action concerning this agreement shall be brought in a court of competent jurisdiction in Boulder County, Colorado, unless applicable law requires otherwise. If any provision is held invalid or unenforceable, it shall be limited or removed only to the minimum extent necessary, and the remaining provisions shall continue in effect.
