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Waiver

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Waiver

In consideration of being permitted access to Doda Inc dba NASHA SAUNA (hereinafter
“NASHA SAUNA”) equipment, programs, amenities and services pursuant to the NASHA
SAUNA Equipment Rental Agreement (hereinafter “Agreement”) provided to me or my
host, I agree as follows:

1. RELEASE OF LIABILITY AND ASSUMPTION OF RISK – I understand and
acknowledge that there is risk involved in being in and around NASHA SAUNA
equipment, including, but not limited to, utilizing equipment which may
malfunction or break, participating in any exercise or fitness activity, patronizing
or using NASHA SAUNA’s services, facilities and/or amenities, participating in
programs or activities, and using or being present in and/or around any NASHA
SAUNA’S equipment while stationary or in transit (towing) or arising from improper
maintenance of any equipment or facilities. This includes, without limitation, my
use of the sauna, outdoor stairs, all seating, parking area, sidewalk or any
equipment inside or outside of NASHA SAUNA’s equipment and my participation
in any activity, class, program or instruction. I agree that I am voluntarily
participating in these activities and using the equipment and premises and
assume all risk of injury, the contraction of any illness or medical condition that
might result, or any damage, loss or theft of any personal property, whether any
of the foregoing are suffered by me and/or my third parties.
a. ASSUMPTION OF RISK. I agree that I will assume the risk and full
responsibility for any and all injuries, losses, death, costs, the contraction
of any illness or medical condition that might result or other damages, loss
or theft of any personal property that might occur to me and/or my family
members while inside or outside of the NASHA SAUNA’s equipment,
utilizing equipment which may malfunction or break, participating in any
exercise or fitness activity, patronizing or using NASHA SAUNA services,
facilities and/or amenities, participating in programs or activities, using or
being present inside and outside of any NASHA SAUNA’s equipment, or
arising from improper maintenance of any equipment or facilities, my use
of the sauna, outdoor stairs, seating, parking area, sidewalk or any
equipment inside or outside of the NASHA SAUNA equipment, my
participation in any activity, class, program or instruction, and negligence
on the part of NASHA SAUNA, its officers, directors, employer contractors,
agents and other members, including premises liability claims and/or
equipment liability claims such as (by example and not by limitation) slip
and falls and/or trip and falls inside or outside of any NASHA SAUNA
equipment (hereinafter “Losses”).

b. RELEASE OF CLAIMS. To the maximum extent allowed by law, I, the
undersigned, agree on my own behalf and on behalf of my family, personal
representatives, heirs, executors, administrators, agents and assigns, to
waive and release all claims, suits or related causes of action against
NASHA SAUNA its owners, officers, employees, for all Losses (hereinafter
“Released Claims”). I ACKNOWLEDGE THAT I HAVE CAREFULLY READ
THIS RELEASE OF CLAIMS AND FULLY UNDERSTAND THAT IT IS A
RELEASE OF LIABILITY. I AM WAIVING ANY RIGHT I MAY HAVE TO
BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST NASHA SAUNA FOR
ITS NEGLIGENCE.

2. INDEMNIFICATION – I agree that I will indemnify, defend and hold NASHA
SAUNA harmless, to the maximum extent allowed by law, from negligence, injury,
loss, death, costs or other damages to me, my family members, heirs or assigns,
or third parties for claims, suits, or related causes of action asserted against
NASHA SAUNA arising from my conduct and/or my third parties’ conduct while
inside or outside of NASHA SAUNA’s equipment or participating in any program or
activity and from any of the Losses and Released Claims described in Section 1.
3. APPLICATION – I agree that this Release shall apply to each visit I make to
NASHA SAUNA’S equipment and to every instance of my participation in a program
or activity, including future visits and participation, regardless of the date that this
Release is signed below.
4. AGREEMENT TO COMPLY WITH RULES – I agree to, and will comply with, the
policies of NASHA SAUNA’s “USER MANUAL” posted in hard copy on the sauna,
and with the policies of NASHA SAUNA’s Agreement. I acknowledge that NASHA
SAUNA’s policies are subject to change at the sole discretion of the NASHA
SAUNA.
5. BINDING ON OTHERS – This Release shall bind the members of my family and
my spouse or registered domestic partner if I am alive, as well as my estate, family,
heirs, administrators, personal representatives or assigns if I am deceased and
shall be deemed as a “Release, Waiver, Discharge and Covenant” not to sue
NASHA SAUNA.
6. SEVERABILITY – I agree that the purpose of this Release is that it shall be an
enforceable release of liability and indemnity as broad and inclusive as is permitted
by Illinois law. I agree that if any portion or provision of this Release is found to
be invalid or unenforceable, then the remainder will continue in full force and
effect. I also agree that any invalid portion will be modified or partially enforced
to the maximum extent permitted by law to carry out the purpose of the Release.

7. APPLICABLE LAW, FORUM & ATTORNEYS’ FEES – This Release is governed
by and shall be construed in accordance with the laws of the state of Illinois,
without any reference to its choice of law rules. I agree that any dispute arising
from this Release or in any way associated with NASHA SAUNA doing business
within the state of Illinois shall be brought only in the Courts of Cook County,
Illinois, and I agree to the jurisdiction and venue of those courts for any such
dispute. In any litigation in which the validity or enforceability of this Release is
contested, I agree that the substantially prevailing party will be entitled to receive
all attorney’s fees and costs from the party contesting the validity of this Release.
I acknowledge that no oral representations, statements, or other inducements to sign
this Release have been made apart from what is contained in this document.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE BY
READING IT BEFORE CHECKING BOX. BY CHECKING BOX TO WAIVER I UNDERSTAND
AND AGREE TO THE ABOVE TERMS AND CONDITIONS.