These terms of service are the agreement (this “Agreement”) between you (“you” or “your”) and Alida, LLC, a Michigan limited liability company (“Alida” or “we”, “us”, “our”, or similar designations) regarding your use of our saunas, cold plunges, and any other services (collectively, the “Activities”) made available to you at our premises (the “Premises”). 

1. By signing this Agreement, you acknowledge that you are aware and understand that the Activity is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, and/or financial loss. Without limiting the generality of the foregoing, you acknowledge and agree that participation in saunas  and cold plunges can pose a number of risks, including, in the case of saunas, risks of dehydration, overheating, dizziness, nausea, fatigue, lightheadedness, blood pressure fluctuations, and, in the case of cold plunges, risks of hypothermia, frostbite, muscle spasms, panic attacks, syncope (e.g., fainting), hyperventilation, heart problems, and other physiological responses. In addition, the combination of a sauna and cold plunge can pose potential risks of negative skin reactions, including, without limited to, rashes, irritation, or other dermatological conditions. The risks described above are not intended to be exhaustive and you acknowledge and assume all risks associated with the Activities and/or entering the Premises. 

2. You also acknowledge that you are aware of the contagious nature of bacterial and viral diseases (collectively, “infectious diseases”) and the risk that you may be exposed to or contract an infectious disease by being on the Premises and engaging in the Activity, which may also result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, and/or financial loss. You acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of our employees or others, including negligent emergency response or rescue operations. You understand that, while we have implemented measures to reduce the risk of injury from the Activity and the spread of infectious disease, we cannot guarantee that you will not be injured or become infected with an infectious disease while on the Premises or during your participation in the Activity and that being on the Premises and engaging in the Activity may increase your risk of contracting an infectious disease. 

3. NOTWITHSTANDING THESE RISKS, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

4. You hereby expressly waive and release any and all claims, now known or hereafter known, against us and our officers, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees") on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to being on the Premises or participating in the Activity, whether arising out of our ordinary negligence or that of any other Releasees or otherwise. You covenant not to make or bring any such claim against us or any other Releasee, and forever release and discharge us and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that state law does not permit to be released by agreement.

5. You confirm that you are: (a) in good health and proper physical condition and do not have any medical or other conditions that would impair your ability to participate in the Activity; and (b) not experiencing symptoms of the infectious disease (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), do not have a confirmed or suspected case of the infectious disease, and have not come in contact in the last three (3) days with a person who has been confirmed to have or suspected of having an infectious disease. You will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and with respect to any infectious disease while on the Premises or participating in the Activity. You will also follow all our instructions, recommendations, and cautions at all times. If at any time you believe conditions to be unsafe, that you are no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of disease, you will immediately discontinue further participation in the Activity. You acknowledge that we are relying on these statements to allow you to participate in the Activity.

6. You shall defend, indemnify, and hold us 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, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by us or any other Releasees arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to your own negligence.

7. You hereby consent to receive medical treatment deemed necessary if you are injured or require medical attention during my participation in the Activity. You understand and agree that you are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. You hereby release, forever discharge, and hold us and all other Releasees harmless from any claim based on such treatment or other medical services. 

8. You agree to abide by our rules and instructions related to the Activity and the Premises, whether such rules and instructions are posted at the Premises or otherwise dictated by our employees.  Without limiting the generality of the foregoing, you acknowledge and agree that (a) you must be eighteen (18) years of age or older to participate in the Activities, (b) a swimsuit must be worn at all times while engaging in the Activities, (c) you must exhibit respectful conduct at all times to our employees and other guests, and (d) you are prohibited from engaging in any inappropriate or sexual behavior, verbal harassment, or unwanted advances. Inappropriate behavior of any kind may result in immediate removal from the Premises. We are committed to maintaining a safe and respectful environment for everyone, and you agree to contribute to this environment by acting with consideration for the comfort and well-being of others.

9. All payments for the Activities, and any other services or products provided by us and purchased by you, are due and payable in advance and are non-refundable. 

10. This Agreement, as well as our Privacy Policy located on our website at https://www.alidawellness.com, constitutes the sole and entire agreement between us with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is 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. This Agreement is binding on and shall inure to our benefit and you and your respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Wayne County, Michigan and you hereby consent to the exclusive jurisdiction of such courts.