
I understand and agree that Body Burn Corporation, a Hawaiʻi corporation doing business as Body Balance and/or BB Wellness (“Corporation”), provides fitness classes, exercise programs, special events, contrast therapy, cold plunge, infrared sauna, sauna, hot plunge, facials, and face and body treatments, as well as related off-site events and virtual or on-demand programs (collectively, “Services”). In this document, “Released Parties” means the Corporation and its owners, shareholders, officers, directors, employees, instructors, contractors, agents, affiliates, successors, and assigns.
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING IT, YOU ASSUME THE RISKS OF THE SERVICES AND RELEASE THE RELEASED PARTIES FROM LIABILITY, INCLUDING LIABILITY FOR THEIR NEGLIGENCE.
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Risks Associated with Services
I understand that the Services involve inherent risks that cannot be eliminated even when the Released Parties use reasonable care. These risks include, but are not limited to:
(a) Exercise and fitness classes: muscle strains, sprains, fractures, joint injuries, overexertion, collisions with other participants or equipment, slips, trips, and falls, and, in rare cases, heart attack, stroke, or death.
(b) Heat exposure (sauna, infrared sauna, and hot plunge): dizziness, fainting, dehydration, overheating, heat exhaustion, heat stroke, burns, changes in blood pressure, and cardiovascular stress. These risks may be greater if I have consumed alcohol, take certain medications, am pregnant, or have a heart or blood pressure condition.
(c) Cold immersion and contrast therapy: cold shock, involuntary gasping, hyperventilation, numbness, hypothermia, irregular heart rhythm, changes in blood pressure, cardiovascular stress, and drowning.
(d) Shared facilities and water: slips and falls on wet surfaces, and exposure to bacteria, viruses, or other communicable illnesses.
(e) Equipment: malfunction, misuse, or failure of exercise, sauna, plunge, or treatment equipment, including electrical equipment.
(f) Facials and body treatments: skin irritation, redness, sensitivity, allergic reactions, chemical or thermal burns, breakouts, changes in skin color, scarring, infection, and eye irritation or injury.
(g) Off-site events: travel, weather, sun exposure, uneven terrain, ocean or water conditions, and other conditions outside the Corporation’s control.
(h) Virtual and on-demand programs: participating without in-person supervision, and hazards in my own space, such as limited room, flooring, or equipment I choose to use.
I understand that this list does not include every possible risk and that some risks may be unknown or unanticipated. I voluntarily accept the risks associated with the Services I choose.
Assumption of Risk & Release of Liability
I have read and understand the risks described above. I understand that I participate in Services, use facilities and equipment, attend off-site events, and participate in virtual or on-demand programs voluntarily and at my own risk.
I assume full responsibility for all risks of injury, illness, death, or property damage that may occur while using the Corporation’s facilities or equipment or participating in Services, including activities under the guidance of an employee or contractor. To the fullest extent permitted by law, I, for myself and on behalf of my heirs, executors, administrators, personal representatives, spouse, family members, and assigns, fully and forever release, waive, and discharge the Released Parties from all claims, demands, damages, losses, liabilities, rights of action, or causes of action, present or future, known or unknown, anticipated or unanticipated, resulting from or arising out of my use or intended use of the Corporation’s premises, facilities, Services, off-site events, equipment, or online programs.
I UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES ALL CLAIMS ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW.
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This release does not apply to claims arising from the gross negligence or the willful, wanton, or intentional misconduct of the Released Parties, or to any other claim that cannot be released under Hawaiʻi law.
To the extent Hawaiʻi Revised Statutes § 663-1.54 applies to any Service, I acknowledge that the Corporation has disclosed the inherent risks of that Service above and has taken reasonable steps to confirm that I am able to participate and to provide necessary instruction, and I release the Released Parties from liability for injuries resulting from those inherent risks.
I agree not to sue the Released Parties on any claim released in this document. I agree to indemnify and hold harmless the Released Parties from any claims, losses, and expenses, including reasonable attorneys’ fees, arising from my breach of this document, my violation of the Corporation’s rules, or my conduct that causes injury to another person or damage to property.
Health Disclosure & Medical Clearance
I represent that, to the best of my knowledge, I can safely participate in my chosen Services. I am responsible for obtaining medical advice or clearance when required by the Corporation or when I am unsure whether a Service is appropriate for me.
I agree to advise the Corporation before participation of any prior injuries, current medical conditions, pregnancy, allergies, medications, skin sensitivities, or other circumstances that may affect my health or safety during a Service. I confirm that my answers on any health screening or intake form are accurate and complete to the best of my knowledge.
I agree to notify staff of any changes to my health or medications before future visits. I understand that staff cannot provide medical clearance and that participation may be postponed pending review or medical clearance. It is my responsibility to obtain any required medical clearance before participating and again if changes in my health make it necessary.
Before my first use of the sauna, infrared sauna, hot plunge, or cold plunge, I will complete the Corporation’s health screening and receive its orientation on safe use. I agree to follow posted time, temperature, and safety guidelines, and I will not use heat or cold facilities after consuming alcohol or any substance that may impair me.
I agree to follow staff instructions, stop participation immediately, and notify staff if I experience dizziness, pain, difficulty breathing, skin irritation, or other concerning symptoms.
If I become ill or injured, I authorize the Corporation to provide or obtain first aid and to call emergency medical services on my behalf. I am responsible for the cost of any medical treatment or transport.
Personal Property & Facility Rules
To the fullest extent permitted by law, the Released Parties shall not be liable for the loss or theft of, or damage to, personal property brought into the Corporation’s facilities or to off-site events. I agree to follow all rules and regulations established by the Corporation for its facilities, Services, events, and equipment, including posted rules.
Photography, Video & Audio Consent
I understand that the Corporation records exercise classes and events using video, audio, and still images for broadcast to its clientele across the internet and on social media.
Unless I opt out as described below, by participating in an exercise class or event where recording takes place, either in person or remotely, I grant the Corporation permission to record and use my visual likeness and voice (“Materials”) in its content, products, and advertising, in any form or format now known or hereafter created, throughout the world in perpetuity, without compensation or further approval.
I may opt out by notifying staff or instructor before a class or event. If I opt out, the Corporation will make reasonable efforts not to capture or publish my likeness or voice, but I understand that incidental capture may occur in group settings. The Corporation does not record in treatment rooms, saunas, plunges, or changing areas.
I understand that the Corporation owns the recordings, photographs, and content it creates, including those containing my likeness or voice, and that I am not entitled to compensation for the uses authorized above. Aside from the use of Materials for the purposes described above, the Corporation’s use of personal information is governed by its Privacy Policy.
General Terms
Age. I represent that I am at least 18 years old. A parent or legal guardian must sign a separate Minor Participant Consent for any participant under 18.
Duration. This document applies to every visit, Service, and program I participate in, now and in the future, until I sign a revised version provided by the Corporation.
Governing Law and Disputes. This document is governed by the laws of the State of Hawaiʻi. Any dispute arising out of or relating to this document or the Services will first be submitted to mediation through Dispute Prevention & Resolution, Inc. (DPR) in Honolulu and, if not resolved by mediation, to binding arbitration through DPR on Oʻahu before a single arbitrator under DPR’s rules and Hawaiʻi Revised Statutes Chapter 658A. The prevailing party is entitled to recover its reasonable attorneys’ fees and costs.
Severability. This document is intended to be as broad and inclusive as Hawaiʻi law permits. If any part of it is held invalid or unenforceable, the remaining parts will remain in full force and effect, and the invalid part will be enforced to the maximum extent permitted by law.
Electronic Signature. I agree that I may sign this document electronically and that my electronic signature, including checking a box, typing my name, or clicking “I Agree,” has the same legal effect as a handwritten signature.
Acknowledgment & Agreement
I HAVE READ THIS INFORMED CONSENT WAIVER & RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE THE RELEASED PARTIES FOR NEGLIGENCE. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS, AND I SIGN THIS DOCUMENT FREELY AND VOLUNTARILY.