R6, 2023-11-14

NOTE: Havn Saunas does not accept paper waivers, please submit electronically.

WAIVER AND GUEST AGREEMENT

Havn Saunas Inc. (“Havn”) Nordic Spa Facility

IF YOU HAVE CARDIOVASCULAR ABNORMALITIES, DEFECTS, OR HISTORY, PLEASE CONSULT YOUR DOCTOR BEFORE USING HAVN’S FACILITY OR HOT AND COLD CONTRAST THERAPY. IF YOU ARE PREGNANT (OR BELIEVE YOU MAY BE) PLEASE CONSULT YOUR DOCTOR BEFORE USING THE FACILITY AND PARTICIPATING IN HOT AND COLD CONTRAST THERAPY.


Please read this document carefully. Each guest of Havn’s facility, located at Ship Point Pier North, Victoria, British Columbia, and operated by Havn (the “Facility”) must read, understand, and agree to this Agreement. This Agreement applies to all aspects of a visit to the Facility, including, without limitation, participation in the following: hot services (Finnish saunas, traditional saunas, hot tubs), cold services (cold shower, cold plunge pools), use of equipment and furniture provided (lockers, lounge chairs, furniture, etc.), all consumables (food, drink, soaps, etc.), shower scrubs, showers and bathroom facilities and other such activities, events and services in any way connected with or related to attending the Facility (collectively, the “Activities”).

TO: Havn Saunas Inc., and their directors, officers, employees, agents, independent contractors, subcontractors, suppliers, successors, assigns and representatives, and any affiliated or subsidiary company of Havn Saunas Inc. and its directors, officers, employees, agents, independent contractors, subcontractors, suppliers, successors, assigns and representatives (each, a “Releasee”, and collectively the “Releasees”).

REPRESENTATIONS AND WARRANTIES OF THE GUEST

In full understanding that the Releasees are relying upon these representations and warranties as a condition of allowing me to use of the Facility and participate in the Activities, I represent and warrant to the Releasees that:

  1. I am 19 years of age or older;
  2. I am in reasonably good health;
  3. I do not have:
    1. existing injuries;
    2. any open cuts, sores, or abrasions;
    3. any infections, maladies or the inability to maintain personal hygiene;
    4. any contagious medical conditions;
    5. any serious musculoskeletal disorders;
    6. epilepsy or seizure disorders that impair my ability to drive;
    7. a heart condition that requires immediate medical attention;
    8. any medical condition that:
      1. increases my risk of injury or death;
      2. poses a threat to the health or safety of yourself or others;

               (each, a “Pre-Existing Condition”)

  1. I understand that:
    1. participation in hot and cold therapy involves exposure to extreme changes in body temperature in a short period of time;
    2. by entering the Facility, I assume full responsibility for my medical and health condition, including any medications that I may be taking which could result in a medical emergency or unsafe condition;
    3. Havn employees are not qualified to diagnose, examine or treat any medical condition and any comment or suggestions should not be construed as being medically advice;
    4. it is my responsibility to consult with a medical professional to determine if I have a medical condition that may pose a threat to the health or safety of myself or others;
    5. all spa facilities have attendant risks common to similar such facilities, including without limitation injuries caused by wet walking surfaces, such as slips and falls;
  2. in entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Activities, other than what is set forth in this Agreement;
  3. I have had sufficient time to read this Agreement, and I have read and understood this Agreement prior to signing it; and
  4. I am:
    1. signing and agreeing to the terms in this Agreement freely and voluntarily;
    2. knowingly and willingly choosing to participate in the Activities; and
    3. aware of, accept and voluntarily assume all responsibility for the risks, dangers and hazards associated with or related to the Activities, including the possibility of personal injury, death, property damage or loss, whether or not they are described in this Agreement.

AGREEMENTS OF RELEASE AND INDEMNITY

In consideration of the services provided at and use of the Facility and my participation in the Activities, and the permission of Havn in allowing me to attend the Facility and participate in the Activities, I agree as follows:

  1. to familiarize myself with Havn's safety guidelines;
  2. to inform Havn of medical conditions that might affect my participation;
  3. I will not use the Facility if I:
    1. have a Pre-Existing Condition;
    2. am under the influence of alcohol, cannabis, illegal drugs or prescription drugs that impair me in any way;
  4. I will comply with this Agreement and any other requirements displayed by or provided to me by Havn, including all the rules of the Facility and all applicable public health requirements, and I will follow all posted signage and comply with instructions given to me by employees of Havn;
  5. I will immediately remove myself from participation, and notify the nearest employee, if at any time I sense or observe any hazardous or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness;
  6. I consent to the Releasees either administering or obtaining medical care for me in the event of an injury, illness or accident requiring medical attention while in the Facility, and I authorize the Releasees to provide any of my information to any third-party medical caregiver;
  7. that I am solely responsible for any hospital, medical or other costs arising out of an injury or other loss arising out of my visit to the Facility or participation in the Activities;
  8. that should any part of this Agreement be determined to be invalid by a court of proper jurisdiction, all other portions of this Agreement not so determined will nevertheless remain valid and in full force and effect;
  9. by signing this Agreement, I am waiving the legal rights which I, my heirs, next of kin, executors, administrators, assigns or representatives may have in the event of an injury or other loss;
  10. this Agreement will:
    1. apply to all visits to the Facility until this Agreement is terminated or replaced in writing;
    2. be effective and binding upon myself, my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
    3. be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
  11. any litigation involving the parties to this Agreement will be brought solely within the Province of British Columbia and will be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

By signing this Agreement, I agree to waive any and all claims against the Releasees that I have or may have in the future, and to release, hold harmless and indemnify the Releasees from liability for any claim, loss, damage, expense or injury, now and in the future, including property damage, personal injury or death, by whomever it might be brought, including myself, my estate or my personal representative, a co-participant guest of the Facility, or otherwise, arising from or in any way related to my presence at the Facility or participation in the Activities, including but not limited to claims arising from the negligence of a Releasee, breach of contract, breach of a statutory duty of care, including any duty of care owed under the Occupiers Liability Act, RSBC 1996 c. 337, or the failure of the Releasees to safeguard against or protect me from the risks, dangers, and hazards of participating in the Activities.

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Signature

Sat Aug 2, 2025

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By signing this Agreement, you are consenting to the use of your electronic signature in lieu of an original signature on paper, and to Havn storing a digital version of this Agreement. You have the right to request that you sign a paper copy instead. By signing here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent.

Privacy Notice

Havn and its affiliated companies collect personal information (such as name, home address, age and weight) from guests to meet legal and insurance requirements, which allow guests to participate in the Activities. Havn may use some personal information (gender, home city and age) in aggregate to analyze and utilize for marketing and business development purposes.

Havn does not provide or sell the personal information it collects from guests to others outside of its organization and its affiliate companies without consent. If personal information is sent outside of Canada for processing, Havn protects and safeguards this information through its contracts. Guests should be aware that information processed in another jurisdiction may be accessed by the courts, law enforcement and national security authorities in that jurisdiction.