Liability Waiver

Informed Consent Agreement and Waiver of Liability 

Please carefully read and understand this document before signing it. This is a release of liability and waiver of certain legal rights. Please consult an attorney if you have any questions. 

This Informed Consent Agreement and Waiver of Liability (“Agreement”) is entered into by and between Lava Wellness, LLC (“Lava Wellness”), including its owners, officers, employees, agents, contractors, volunteers, and affiliates, and the undersigned individual (collectively referred to herein as the “Parties”). 

Definitions 

The term “Premises” means the property located at 1155 South King Street, Honolulu, Hawaii 96814, including the parking lots and all other common areas. 

The term “Services” means the following: 

Fitness Classes and Therapeutic Activities: Participation in any fitness classes or therapeutic activities may involve strength training, cardiovascular exercises, and other physical activities that can be strenuous and may lead to physical injury or strain. 

Hyperbaric Oxygen Therapy (HBOT): Participation in HBOT may lead to pressure-related injuries and potential adverse reactions to oxygen therapy. These risks may include but are not limited to ear and sinus pain, middle ear barotrauma, temporary vision changes, claustrophobia, oxygen toxicity (which can manifest as seizures in severe cases), and in some instances, lung complications like collapse or fluid buildup. 

Red Light Therapy: Participation in red light therapy may cause skin irritation or discomfort in some individuals. The risks associated include but are not limited to skin irritation, burns, eye discomfort, worsening of existing skin conditions (like lupus), reactions to photosensitizing medications, increased sensitivity to sunlight, potential aggravation of certain cancers (especially if the treatment area is over a cancerous lesion), pregnancy complications, and discomfort or nausea during treatment. You are responsible for following all instructions regarding proper eye protection and treatment duration. 

Sauna: Use of the Sauna may lead to dehydration, heat exhaustion, skin burns, fungal infections, dizziness, hypotension, fatigue, nausea, loss of electrolytes like sodium and potassium, muscle cramps, slips and falls on wet floors, adverse reactions to medications, potential harm to pregnant women, and potential adverse cardiovascular effects. 

Cold Plunge: Participation in cold plunge therapy may lead to shock to the system, hypothermia, and cardiovascular stress, irregular heartbeat, sudden changes in blood pressure, respiratory distress, aggravation of existing medical conditions (like heart disease or Raynaud's syndrome), frostbite (in extreme cold), fainting, muscle cramps,

and potential for injury due to slipping or falling while entering or exiting the plunge pool. 

Sauna + Cold Plunge: Combining sauna and cold plunge therapy may lead to heatstroke, fainting, cardiovascular stress, sudden blood pressure changes, dehydration, burns, dizziness, aggravation of existing medical conditions, 

hypothermia, injuries from improper use, and potential risks for individuals with pre-existing health concerns. 

IV Drip Therapy: Intravenous therapy may lead to vein irritation, infection, allergic reactions, and complications arising from the infusion of fluids or nutrients. 

Medical Disclosure 

Lava Wellness strongly recommends that you consult a physician before engaging in any Services, especially if you have any pre-existing medical conditions or concerns, including but not limited to the following: 

1. Cardiovascular Conditions: Hypertension (High Blood Pressure); Hypotension (Low Blood Pressure); Heart Disease or Heart Failure; Arrhythmias (Irregular Heartbeats); Recent Heart Surgery or Stent Placement; Peripheral Artery Disease; Stroke or Transient Ischemic Attack. 

2. Respiratory Issues: Chronic Obstructive Pulmonary Disease (COPD); Asthma (severe cases or poorly controlled); Pulmonary Hypertension; Severe Sleep Apnea; Lung Infections or Acute Respiratory Conditions. 

3. Skin Disorders: Eczema or Psoriasis (severe cases); Skin Cancer (or a history of it); Acute or Chronic Skin Infections; Severe Burns or Recent Wounds; Photosensitivity (e.g., lupus, or certain medications that cause sensitivity to light). 

4. Neurological Conditions: Severe Epilepsy or Seizure Disorders (especially in the case of red light therapy or certain frequency-based treatments); Multiple Sclerosis (MS); Parkinson’s Disease; Recent Stroke or Neurological Damage. 

5. Autoimmune Disorders: Lupus (Systemic Lupus Erythematosus); Rheumatoid Arthritis (severe flare-ups); Scleroderma; Myasthenia Gravis; Other Autoimmune Diseases (that can be aggravated by extreme temperatures or light therapy). 

6. Blood Disorders: Anemia (severe); Hemophilia or Other Bleeding Disorders; Clotting Disorders (including those on anticoagulants like warfarin); Sickle Cell Disease (cold temperatures can induce crises); Thrombocytopenia (low platelet count). 

7. Pregnancy: Pregnancy (especially in the first trimester, unless explicitly approved by a doctor); Complications such as high-risk pregnancies, preeclampsia, or placenta previa.

8. Kidney or Liver Disease: Severe Renal (Kidney) Disease or Failure; Chronic Liver Disease or Cirrhosis. 

9. Endocrine Disorders: Thyroid Disorders (especially hyperthyroidism or uncontrolled hypothyroidism); Diabetes (especially if poorly controlled or with complications like neuropathy). 

10. Mental Health Conditions: Severe Anxiety or Panic Disorders (for therapies involving heat or extreme cold); Claustrophobia (for mild hyperbaric chambers); Severe Post-Traumatic Stress Disorder (PTSD). 

11. Medication Interactions: Photosensitizing Medications (e.g., some antibiotics, antifungals, or chemotherapy drugs can increase sensitivity to light); Blood Thinners or Anticoagulants (especially in the case of IV drip therapy, mild hyperbaric chambers, or cold plunge); Steroid Medications (may affect how the body handles temperature extremes or light therapies). 

12. Infections: Acute Infections (such as fever, active viral, bacterial, or fungal infections); Tuberculosis (for hyperbaric chambers and sauna therapy); Cellulitis or any active skin infection. 

13. Immune System Issues: Severe Immunosuppression (due to HIV/AIDS or immunosuppressive medications); Recent Organ Transplant (immune system is suppressed). 

14. Chronic Fatigue or Fibromyalgia: While these conditions are often treated with therapies like sauna or red light therapy, it’s important to discuss with a doctor as overexposure to heat or light can exacerbate symptoms in some individuals. 

15. Recent Surgery or Injury: Open Wounds or Surgical Sites (especially if healing poorly); Recent Fractures or Sprains (particularly with cold plunge or hyperbaric therapy). 

16. Sensitivity to Temperature Extremes: Raynaud’s Disease (cold exposure can cause vasospasm and further restrict blood flow); Chronic Cold Sensitivity (for cold plunge therapy); Heat Intolerance (for sauna or hyperbaric chamber use). 

17. Other Conditions Requiring Caution: Severe Dehydration; Severe Fatigue or Exhaustion; Pregnancy-related high blood pressure or complications; Severe Allergies to Ingredients Used in IV Drip Therapy (such as vitamins or minerals). 

18. Elderly: The ability to maintain core body temperature decreases with age. This is primarily due to circulatory conditions and decreased sweat gland function. The body must be able to activate its natural cooling processes in order to maintain core body temperature. If

elderly, please consult a physician prior to use of the facilities or receiving Services. 

19. Children: The core body temperature of children rises much faster than adults. This occurs due to a higher metabolic rate per body mass, limited circulatory adaptation to increased cardiac demand and the inability to regulate body temperature by sweating. If a child, please consult a physician prior to use of the facilities or receiving Services. 

20. Menstruation: Heating of the low back area of women during the menstrual period may temporarily increase menstrual flow. This should not preclude sauna use. 

21. Joint Injury: Recent (acute) joint injury should not be heated in a sauna for the first 48 hours or until the swollen symptoms subside. Joints that are chronically hot and swollen may respond poorly to vigorous heating of any kind. 

22. Implants or Medical Devices: Metal pins, rods, artificial joints, any other surgical implants, or medical devices generally reflect infrared waves and thus are not heated by this system. Nevertheless, you should consult your physician prior to using. 

23. Pacemakers / Defibrillators: The magnets used to assemble our saunas can interrupt the pacing and inhibit the output of pacemakers. Please discuss with your doctor the possible risks this may cause. 

It is Your sole responsibility to consult with Your medical provider and legal counsel about the Services and this Release beforehand. You acknowledge and agree Lava Wellness has not made any assertions or promises regarding whether it is safe for you to participate it these Services. 

Hold Harmless/Release 

For and in consideration of the mutual promises and agreements set forth below, including participation in Services provided at the Premises, the Parties agree as follows: 

Section I: Consent, Responsibilities, and Acknowledgements 

1. I acknowledge that I have been fully and satisfactorily informed about the Services provided at Lava Wellness and that I am freely and willingly choosing to engage in these Services. 

2. I understand and acknowledge that engaging in Services and use of equipment at the Premises may involve inherent risks. 

3. I understand that such risks may include, but are not limited to, physical injury, dehydration, overexertion, equipment malfunction, and adverse reactions to treatments, which could result in serious personal injury, illness, or even death.

4. I agree to assume all risks associated with the Services provided at the Premises, whether using the equipment or not. 

5. I understand that if I feel mental or physical discomfort or any adverse effects while engaging in Services, I will immediately cease participation in the activity and bring such attention to the nearest employee. 

6. I understand that it is my responsibility to fully disclose any physical or mental health issues, medications, or physician’s restrictions (including, but not limited to, diabetes, heart problems, seizures, asthma, anxiety, depression) that are relevant to the participation in these Services. 

7. I acknowledge that I am in good physical condition and mentally capable of safely participating in the Services provided at the Premises. I will not misrepresent to staff members my condition and/or ability to operate equipment while at the Premises. 

Section II: Waiver and Release of Liability 

8. ASSUMPTION OF RISK: I am fully aware that participating in the Services may contain risks of physical or psychological injury. I fully understand the scope, nature and extent of the risks involved in the Services contemplated by this Agreement. I understand the risk of injury is significant, including the potential for permanent disability and death. Having understood these risks, I voluntarily and freely choose to incur and assume any and all such risks and dangers. 

9. EXEMPTION FROM LIABILITY: I hereby fully and forever discharge and release Lava Wellness, team members, staff, agents, and employees, other participants, sponsoring agencies, sponsors, advertisers, agents, and owners/lessors of the Premises (“Releasees”) from any and all liability, liens, claims, demands, actions, and causes of action whatsoever arising out of any damages or losses, both in law and equity, in any way resulting from personal, physical, psychological or emotional injuries, distress, or death arising from or in any way related to Lava Wellness, including any claims of negligence. 

10. COVENANT NOT TO SUE: I agree not to institute, initiate, or assist the prosecution of any suit, claim or action at law or equity, or otherwise against Lava Wellness and/or Releasees for damages which I or my heirs, executors, administrators, or assigns hereafter may have arising from or in any way related to Lava Wellness. This release from liability includes loss, damage, injury, or death resulting from the negligence of Lava Wellness and/or Releasees.

11. INDEMNITY: I agree to indemnify and hold harmless Lava Wellness and/or Releasees from any and all losses, claims, actions, or proceedings of any kind, which may be initiated by any other person or organization on my behalf 

against Lava Wellness and/or Releasees. This indemnification includes 

reimbursement of all legal costs and reasonable attorney’s fees incurred by Lava Wellness and/or Releasees to defend any such actions. 

12. WAIVER OF PUNITIVE DAMAGES: I understand and agree that I am waiving and forever abandoning any claims for punitive or exemplary damages against Lava Wellness and/or Releasees. I voluntarily choose to give up this right. 

Section III: Arbitration 

13. ARBITRATION: I agree that any controversy or claim against Lava Wellness and/or Releasees not released herein shall be settled by arbitration in 

accordance with the rules of the American Arbitration Association, and not by lawsuit or resort to court process (except as the law provides for judicial review of arbitration proceedings). This shall apply to all claims, including allegations that there have been wrongful acts or omissions by Lava Wellness and/or 

Releasees, either intentionally or otherwise. The arbitrator’s decisions may be entered in any court having competent jurisdiction. By signing, I agree that any issue or claim against Lava Wellness shall be decided by neutral arbitration. I am giving up my right to a trial by a jury or judge. 

Section IV: Miscellaneous 

14. GOVERNING LAW: I understand that this Agreement shall be construed and governed by the laws of the State of Hawaii, and that it cannot be modified unless in writing and signed by both parties. 

15. ENTIRE AGREEMENT: I understand that this Agreement contains all the promises and agreements between the Parties with regard to the release of Lava Wellness and/or Releasees. I acknowledge there are no oral or written promises or agreements outside of this Agreement regarding the release of Lava Wellness and/or Releasees. 

I AM OVER THE AGE OF 18 YEARS OLD. I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT. I HAVE BEEN MADE FULLY AWARE OF AND UNDERSTAND THE POTENTIAL RISKS INVOLVED IN SERVICES AT THE PREMISES. I HEREBY CONSENT TO THOSE RISKS AND ASSERT THAT I AM FREELY AND VOLUNTARILY PARTICIPATING IN SERVICES AT THE PREMISES.

BY CLICKING “I AGREE” BELOW, I ACKNOWLEDGE THAT I AM PROVIDING MY ELECTRONIC ACCEPTANCE OF THIS AGREEMENT AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY DOING SO.