Read Carefully - This Affects Your Legal Rights
In exchange for participation in the activity of Frozen air therapy per the Polar Chill protocol organized by Polar Chill Texas, LLC, and/or use of the property, facilities, and services of Polar Chill Texas, I,
1. DESCRIPTION OF ACTIVITY
This Release of Liability ("Release") is entered into in exchange for participation in frozen air therapy services provided by Polar Chill Texas ("Polar Chill"). The activity involves brief, controlled exposure to cold air using specialized equipment operated from a mobile unit, per the Polar Chill protocol. Session duration and temperature settings are determined by trained Polar Chill staff based on the protocol in effect.
2. ACKNOWLEDGMENT OF RISKS SPECIFIC TO FROZEN AIR THERAPY I acknowledge that participation in frozen air therapy involves inherent risks, which may include but are not limited to:
• Frostbite or cold burns to the skin
• Skin redness, irritation, or numbness
• Changes in blood pressure (increase or decrease)
• Dizziness, lightheadedness, or fainting
• Difficulty breathing or shortness of breath
• Allergic or hypersensitive reactions to extreme cold
• Aggravation of pre-existing medical conditions
• Hypothermia in rare or prolonged exposure cases
• Claustrophobia or anxiety-related reactions
• Slips, trips, or falls entering or exiting the mobile unit
I understand these risks and voluntarily choose to participate despite them. If I experience any of these, I will immediately notify the closest staff member.
I
3. HEALTH SCREENING AND MEDICAL DISCLOSURE
Please check any of the following conditions that apply to you (or the minor participant). If none apply, check “None of the above”.:
I confirm that I have consulted with a physician if I have any doubts about my (or the minor's) ability to safely participate in frozen air therapy. I agree to immediately disclose any changes in my health status to Polar Chill staff before any session. I further agree to disclose any potentially relevant concerning health conditions to Polar Chill staff prior to my session, even if I am unsure whether they may affect my ability to safely participate in frozen air therapy.
4. AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules, safety guidelines, and warnings, and to follow any oral instructions given by Polar Chill staff, employees, representatives, or agents. I understand that failure to follow safety instructions may result in injury and/or removal from the session without refund.
5. ASSUMPTION OF RISK AND RELEASE
I recognize that there are inherent risks associated with frozen air therapy as described above, and I assume full responsibility for personal injury to myself. I hereby release, waive, and discharge Polar Chill Texas and Mathew Wellness Collective, LLC, its owners, officers, employees, agents, and representatives from any and all liability, claims, demands, or causes of action for injury, loss, or damage arising out of my participation in frozen air therapy services or presence upon the facilities of Polar Chill, whether caused by the negligence of Polar Chill or otherwise.
6. INDEMNIFICATION
I agree to indemnify and hold harmless Polar Chill Texas against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and litigation costs, which may arise from my use of or presence upon the facilities of Polar Chill.
7. FEES AND DAMAGES
I agree to pay for all damages to the facilities or equipment of Polar Chill caused by any negligent, reckless, or willful actions by me.
8. DRESS CODE AND PREPARATION
I agree to follow all dress code and preparation requirements communicated by Polar Chill staff prior to and during the session. This includes but is not limited to: wearing dry clothing, removing all metal jewelry, watches, and piercings that may come into contact with cold surfaces, and wearing any protective coverings (gloves, socks, slippers, ear protection) provided or required by Polar Chill staff. I understand that failure to comply with dress code requirements may result in injury and/or removal from the session without refund.
9. SOBRIETY CONFIRMATION
I confirm that I am not currently under the influence of alcohol, drugs, or any substance that may impair my judgment, coordination, or ability to safely participate in frozen air therapy. I understand that Polar Chill staff reserve the right to refuse service to any participant who appears to be impaired, without refund.
10. APPLICABLE LAW
Any legal or equitable claim arising from participation in the above activity shall be resolved under the laws of the state in which the services were performed.
11. NO DURESS
I agree and acknowledge that I am under no pressure or duress to sign this Release and that I have been given a reasonable opportunity to review it before signing. I am free to have my own legal counsel review this Release. Polar Chill has offered to refund any fees paid if I choose not to sign this Release.
12. ARM'S LENGTH AGREEMENT
This Release and each of its terms are the product of an arm's length negotiation between the parties. Any ambiguity shall not be construed for or against either party based on their role as drafter.
13. SEVERABILITY
If any provision of this Release is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. DISPUTE RESOLUTION
The parties will first attempt to resolve any dispute through good-faith negotiation. If unresolved, the dispute shall be submitted to mediation in accordance with applicable statutory mediation rules in the jurisdiction where the services were performed, prior to the initiation of any litigation.
15. PHOTO / SOCIAL MEDIA RELEASE
I hereby grant Polar Chill Texas permission to use my likeness in photograph or video in any and all of its publications, including printed and digital media. I understand any such photograph or video becomes property of Polar Chill and will not be returned. I waive any right to inspect or approve the finished product and waive any right to royalties or compensation. I hold harmless and release Polar Chill from all claims arising from this authorization.
16. EMERGENCY CONTACT