ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
This Agreement applies to the use of any wellness amenities provided by New Morning Rentals LLC, including but not limited to the Sauna Pod, Ice Pod, cold plunge tub, outdoor showers, and related wellness facilities ("Amenities").
By selecting "I Agree," checking an acknowledgment box, completing a reservation, permitting members of my party to use the Amenities, or using any Amenity, I acknowledge and agree to the following:
1. ACKNOWLEDGMENT OF RISKS
I understand that use of the Amenities involves inherent risks that cannot be eliminated regardless of the level of care exercised by New Morning Rentals LLC.
Potential risks include, but are not limited to:
• Heat exhaustion
• Heat stroke
• Dehydration
• Dizziness or fainting
• Burns from hot surfaces
• Elevated heart rate
• Changes in blood pressure
• Slips, trips, and falls
• Hypothermia
• Cold shock response
• Loss of consciousness
• Cardiac events
• Respiratory distress
• Aggravation of pre-existing medical conditions
• Serious bodily injury
• Permanent disability
• Death
I understand that rapid transitions between hot and cold environments may increase these risks.
2. HEALTH REPRESENTATIONS
I represent and warrant that:
• I am at least eighteen (18) years of age or am the parent or legal guardian of any participating minor.
• I am physically capable of safely using the Amenities.
• I am not under the influence of alcohol, marijuana, illegal drugs, intoxicants, or medications that may impair judgment or affect heat or cold tolerance.
• I will discontinue use immediately if I experience dizziness, nausea, chest pain, weakness, confusion, difficulty breathing, numbness, loss of coordination, or any other concerning symptoms.
I understand that individuals with the following conditions should consult a physician before use:
• Heart disease
• High or low blood pressure
• Pregnancy
• Diabetes
• Circulatory disorders
• Respiratory disorders
• Neurological disorders
• Seizure disorders
• Any condition affected by heat or cold exposure
3. SAFETY REQUIREMENTS
I agree to:
• Follow all posted instructions and safety guidelines.
• Stay hydrated before, during, and after use.
• Limit sauna sessions to reasonable durations.
• Enter and exit the cold plunge gradually.
• Never force myself to remain in the sauna or cold plunge beyond my comfort level.
• Use the Amenities only for their intended purpose.
• Not tamper with any equipment.
• Not use the Amenities alone if I have any medical concerns.
• Ensure minors are continuously supervised by a responsible adult.
• Exit immediately if I feel unwell.
4. ASSUMPTION OF RISK
I knowingly and voluntarily assume all risks associated with the use of the Amenities, including risks arising from heat exposure, cold exposure, equipment malfunction, weather conditions, my own actions, the actions of others, or unknown conditions.
I understand that these risks may result in illness, injury, disability, property damage, emotional distress, or death.
5. RELEASE AND WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY NORTH CAROLINA LAW, I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE NEW MORNING RENTALS LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS ("RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO MY USE OF THE AMENITIES.
THIS RELEASE INCLUDES CLAIMS ARISING FROM PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, DISABILITY, EMOTIONAL DISTRESS, OR DEATH RESULTING FROM PARTICIPATION IN WELLNESS ACTIVITIES OR USE OF THE AMENITIES.
THIS WAIVER DOES NOT APPLY TO CLAIMS THAT CANNOT LEGALLY BE WAIVED UNDER NORTH CAROLINA LAW, INCLUDING CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
6. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, liabilities, judgments, costs, expenses, or attorney's fees arising out of:
• My use of the Amenities;
• My violation of safety rules;
• My negligence or misconduct;
• The actions of any guest, invitee, child, or minor under my supervision;
• Any claim brought by a family member, guest, or participant associated with my reservation.
7. PROPERTY DAMAGE
I accept responsibility for any damage to the Amenities or related equipment resulting from misuse, negligence, intentional acts, or failure to follow instructions.
I authorize New Morning Rentals LLC to charge the payment method associated with my reservation for repair or replacement costs resulting from such damage, subject to applicable laws and booking platform policies.
8. EMERGENCY RESPONSE
I authorize New Morning Rentals LLC to contact emergency medical services if staff or representatives reasonably believe emergency assistance is needed.
I understand that I am solely responsible for any medical expenses incurred as a result of my use of the Amenities.
9. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina.
Any dispute arising out of this Agreement or use of the Amenities shall be brought exclusively in a court of competent jurisdiction located in the county where the rental property is located.
10. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. ELECTRONIC ACCEPTANCE
I agree that electronic acceptance of this Agreement, including selecting an acknowledgment checkbox, electronically signing, or completing a reservation after being presented with this Agreement, constitutes my legally binding acceptance and shall have the same force and effect as a handwritten signature.
12. PARTICIPANTS, FAMILY MEMBERS, AND GUESTS
This Agreement applies to the Reservation Holder and all individuals who use or access the Amenities during the reservation period, including but not limited to spouses, family members, children, invitees, visitors, and guests ("Participants").
The Reservation Holder acknowledges that use of the Amenities is voluntary and agrees to communicate all safety rules, warnings, restrictions, and risks described in this Agreement to all Participants associated with the reservation.
The Reservation Holder agrees to ensure that each adult Participant reviews and accepts this Agreement prior to using the Amenities whenever reasonably practicable.
New Morning Rentals LLC reserves the right to prohibit any individual from using the Amenities if safety concerns arise or if the individual fails to comply with posted rules or instructions.
13. RESPONSIBILITY FOR MINORS
The Reservation Holder represents that they are the parent or legal guardian of any minor Participants using the Amenities or have obtained authorization from the parent or legal guardian for such participation.
The Reservation Holder accepts full responsibility for supervising all minors at all times while using or accessing the Amenities.
Children shall NEVER use the Sauna Pod, Ice Pod, cold plunge, or related wellness facilities without direct adult supervision.
The Reservation Holder knowingly assumes all risks associated with the participation of any minor under their supervision and agrees to release and hold harmless the Released Parties from claims arising from such participation to the fullest extent permitted by North Carolina law.
14. RESPONSIBILITY FOR PARTY MEMBERS
The Reservation Holder accepts responsibility for the conduct of all Participants associated with the reservation.
The Reservation Holder agrees to indemnify, defend, and hold harmless the Released Parties from any claims, damages, liabilities, costs, expenses, or attorney's fees arising from the actions, omissions, negligence, misuse of the Amenities, or violations of safety rules by any Participant associated with the reservation.
15. ADDITIONAL ELECTRONIC CERTIFICATIONS
By selecting "I Agree," completing a reservation, or permitting any Participant to use the Amenities, the Reservation Holder certifies that:
• I am at least eighteen (18) years of age.
• I have read and understood this Agreement.
• I understand that use of the Amenities is voluntary.
• I have informed all members of my party of the risks associated with the Sauna Pod, Ice Pod, cold plunge, and related wellness amenities.
• I will communicate all posted safety rules and operating instructions to my party.
• I accept responsibility for supervising all minors associated with my reservation.
• I understand that New Morning Rentals LLC is relying upon these certifications in allowing access to the Amenities.
ACKNOWLEDGMENT
BY SELECTING "I AGREE," COMPLETING MY RESERVATION, PERMITTING MEMBERS OF MY PARTY TO USE THE AMENITIES, OR USING THE SAUNA POD, ICE POD, COLD PLUNGE, OR OTHER WELLNESS AMENITIES, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.