Iceology Cold Plunge LLC

TERMS OF SERVICE AND RELEASE OF LIABILITY AND DAMAGES, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY AND UNDERSTAND THE DOCUMENT AND ALL OF ITS TERMS BEFORE SIGNING OR OTHERWISE AFFIRMING YOUR AGREEMENT TO THIS TERMS OF SERVICE AND RELEASE OF LIABILITY AND DAMAGES, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT.

THIS IS A BINDING LEGAL AGREEMENT AND BY SIGNING IT OR OTHERWISE ASSENTING TO THE AGREEMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS.

The following Terms and Conditions and Release of Liability and Damages, Waiver of Claims, Assumption of Risks, and Indemnity Agreement apply to the sale of Products or Services (define below) described in the Invoice you have received from Iceology Cold Plunge LLC, are expressly incorporated by reference into such Invoice as if fully set forth therein, and constitute an agreement (“Agreement”) between you (“you,” “your,” “customer”) and Iceology Cold Plunge LLC, (“Iceology Cold Plunge LLC,” “our,” “we,” or “us). The terms “Iceology Cold Plunge LLC,” “our,” “we,” and “us” include all parents, subsidiaries, directors, affiliates, officers, members, managers, board members, owners, employees, contractors, distributers, suppliers, manufacturers, service providers, licensors, investors, consultants, warranty providers, agents, volunteers, servants, insurers, attorneys, successors, assigns, representatives, spouses, executors, personal representatives, and heirs. The terms “you,” “your,” or “customer” include all of your spouses or partners, children or other minors for whom you are legally responsible and/or for whom you are authorized to provide consent, heirs, estate, personal representatives, beneficiaries, agents, and assigns, and, if you are an entity, all parents, subsidiaries, directors, affiliates, officers, members, managers, board members, owners, employees, representatives, agents, and assigns.

This Agreement is entered into by you in consideration of you being permitted to purchase and obtain use, delivery, or pickup of Products and/or Services from Iceology Cold Plunge LLC. The terms “Product” or “Products” includes, but is not limited to, all Products currently offered for sale by Iceology Cold Plunge LLC, including without limitation, the ½ HP & ¼ HP Chiller, Grizzly Cold Plunge, Active Aqua chillers, as well as any other Products that are currently sold by Iceology Cold Plunge LLC or may in the future be sold by Iceology Cold Plunge LLC. The terms “Service” or “Services” includes, but is not limited to, all Services currently offered to Customers by Iceology Cold Plunge LLC, including without limitation, troubleshooting, diagnostic services, repairs, assistance with shipping new or replacement parts, maintenance or maintenance plans, home visits, instructions for use, recommendations or best practices for use, and any other Services currently offered to Customers by Iceology Cold Plunge LLC or that may be offered in the future.

By purchasing any Product or Service offered for sale by Iceology Cold Plunge LLC, paying any Invoice for the purchase of any Product or Service offered for sale by Iceology Cold Plunge LLC, or using any Product or Service offered for sale by Iceology Cold Plunge LLC, you expressly agree to be bound by this Agreement in addition to all other written agreements entered into with Iceology Cold Plunge LLC, the terms of all Invoices, and all policies, terms of use, procedures, rules, guidelines, instructions, recommendations, warnings, and requirements provided or implemented by Iceology Cold Plunge LLC from time to time (collectively, “Policies”).

BY SIGNING BELOW, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOU WERE PROVIDED WITH A COPY OF AND/OR ELECTRONIC ACCESS TO THE AGREEMENT AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS AGREEMENT AND ALL OF ITS TERMS.  

YOU MAY REQUEST A DUPLICATE PAPER COPY OF THIS AGREEMENT BY SENDING AN EMAIL TO: Info@iceologycoldplunge.com OR CALLING 855-266-5882.

OTHER POLICIES MAY BE PUBLISHED ELSEWHERE, INCLUDING IN THIS AGREEMENT, ON OUR WEBSITE (https://iceologycoldplunge.com), OR OTHERWISE PROVIDED TO YOU.

YOU FURTHER ACKNOWLEDGE AND EXPRESSLY AGREE THAT THIS AGREEMENT IS INCORPORATED BY REFERENCE INTO ALL INVOICE(S) PROVIDED TO YOU AS IF FULLY FORTH THEREIN.

AGE OF MAJORITY: By your signature (handwritten or electronic) and/or click or other manner of assenting to this Agreement, by purchasing any Product or Service, and/or paying an Invoice, you represent and warrant that you are at least 18 years old (unless the state in which you reside has a different date of majority age).

PAYMENT DUE UPON RECEIPT OF INVOICE; DELIVERY TIMING: Customer agrees to accept and pay the balance due upon receipt of any Invoice (whether for Products or Services). Customer understands and agrees that the Product will not be delivered or permitted for pickup until such time as Iceology Cold Plunge LLC is paid in full for the Product and has confirmed receipt of the funds.

Customer must take delivery of the Product within 15 days of being notified of Product completion and receipt of full payment by Iceology Cold Plunge LLC. If you fail to take delivery within 15 days after being notified of Product completion and full payment received by us, you will be charged a $20/day storage fee until the Product is delivered or picked up by you.

RETURNS:

Customer understands and agrees that, EXCEPT IF A PRODUCT IS DEFECTIVE AS DEFINED BELOW, YOU NOTIFY US WITHIN THE TIMEFRAME STATED BELOW, AND YOU ALSO COMPLY WITH ALL REQUIREMENTS SET BY US CONCERNING THE DEFECTIVE PRODUCT AND ITS RETURN, all sales of Products AND SERVICES by us are final WITH NO REFUNDS.

DEFECTIVE PRODUCTS AND RETURNS:

“DEFECTIVE PRODUCT(S)” IS DEFINED FOR PURPOSES OF THIS AGREEMENT AS A PRODUCT THAT IS PURCHASED AND RECEIVED IN A DEFECTIVE CONDITION (INCLUDING DESIGN AND MANUFACTURING DEFECTS AND DEFECTS IN MATERIAL OR WORKMANSHIP) OR IS NOT IN ACCORDANCE WITH OUR OR THE MANUFACTURER’S OR SUPPLIER’S PUBLISHED SPECIFICATIONS OR DOCUMENTATION RELATING TO THE PRODUCT OR OTHER PROVISIONS OF THIS AGREEMENT. THE TERM “DEFECTIVE PRODUCT(S)” SHALL SPECIFICALLY EXCLUDE, WITHOUT LIMITATION, ANY PRODUCTS (A) WHICH HAVE BEEN SUBJECTED TO MISUSE, NEGLIGENCE, ACCIDENT, OR IMPROPER MAINTENANCE, INSTALLATION, SETUP, PLACEMENT, OR APPLICATION, OR (B) WHICH HAVE BEEN ALTERED WITHOUT Iceology Cold Plunge / Frank's Cold Plunge LLC’S PRIOR WRITTEN CONSENT.

NOTWITHSTANDING OTHER PROVISIONS OF THIS AGREEMENT, CUSTOMER MAY RETURN ANY AND ALL PRODUCTS FOUND TO BE DEFECTIVE PRODUCTS PROVIDED THAT ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED: (1) CUSTOMER PROVIDES WRITTEN NOTICE TO Iceology Cold Plunge LLC OF THE DEFECTIVE PRODUCT WITHIN TEN (10) DAYS AFTER DELIVERY, INCLUDING A DETAILED DESCRIPTION OF WHY YOU CLAIM THE PRODUCT IS A DEFECTIVE PRODUCT; (2) CUSTOMER ALLOWS Iceology Cold Plunge LLC TO INSPECT THE CLAIMED DEFECTIVE PRODUCT IF WE WANT TO DO SO; (3) CUSTOMER OBTAINS Iceology Cold Plunge LLC’S WRITTEN AUTHORIZATION TO RETURN THE DEFECTIVE PRODUCT; AND (4) CUSTOMER RETURNS THE DEFECTIVE PRODUCT TO Iceology Cold Plunge LLC WITHIN THIRTY (30) DAYS OF RECEIVING Iceology Cold Plunge LLC’S WRITTEN AUTHORIZATION OF THE RETURN, UNLESS Iceology Cold Plunge LLC ALLOWS, IN WRITING AND IN ITS SOLE AND ABSOLUTE DISCRETION, A LONGER TIME PERIOD FOR RETURN OF THE PRODUCT. 

UPON YOUR RECEIPT OF OUR WRITTEN AUTHORIZATION TO PERMIT THE RETURN OF A DEFECTIVE PRODUCT, ALL SHIPPING OR FREIGHT CHARGES FOR RETURNED DEFECTIVE PRODUCTS WILL BE PAID BY Iceology Cold Plunge LLC.

YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY RELATED TO THE PURCHASE OR USE OF ANY DEFECTIVE PRODUCT IS TO EITHER HAVE THE PRODUCT REPAIRED, RECEIVE A REPLACEMENT PRODUCT, OR RECEIVE A FULL REFUND OF THE PRODUCT’S PURCHASE PRICE. YOU FURTHER EXPRESSLY AGREE THAT YOU ARE NOT ENTITLED TO ANY OTHER DAMAGES, AMOUNTS, OR REMEDIES RELATED IN ANY WAY TO THE PURCHASE OR USE OF A DEFECTIVE PRODUCT.

IF YOU DO NOT FOLLOW ALL OF THE CONDITIONS STATED ABOVE AND DO NOT RECEIVE Iceology Cold Plunge LLC’S WRITTEN AUTHORIZATION TO RETURN THE DEFECTIVE PRODUCT PRIOR TO RETURNING THE DEFECTIVE PRODUCT, YOU UNDERSTAND AND AGREE THAT Iceology Cold Plunge LLC IS NOT OBLIGATED TO ACCEPT THE RETURN, IS NOT OBLIGATED TO PAY FOR RETURN SHIPPING OR FRIGHT CHARGES, AND IS NOT OBLIGATED TO PROVIDE YOU ANY REFUND OR REPLACEMENT ITEMS.

HEALTH AND SAFETY: The health and safety of our Customers is our highest priority. Although our Policies, instructions, warnings, information, and recommendations, including as stated in this Agreement and on our Website, are designed to help protect you, Iceology Cold Plunge LLC cannot remove all risk or otherwise guarantee or promise that you will not sustain any injuries or damages from any physical or mental/emotional injuries, viruses, infectious diseases, illnesses, infections, or other health hazards associated with your use of the Products or Services.

You understand and agree that you must properly install, maintain, repair, and use the Product, including according to all manufacturer or other specifications and instructions provided, including but not limited to, those contained in this Agreement, contained on our Website, or otherwise provided to you by us or the Product manufacturer or supplier.

You agree to properly supervise others when they are using the Product. You agree to take personal responsibility for yourself spouse, heirs, estate, assigns, guests, invitees, and anyone else who you permit to use your Product once it is purchased and delivered to you, and further agree that Iceology Cold Plunge LLC is not responsible for responsible or liable in any way for any losses, injuries, harm, damages, costs, or expenses (including attorneys’ fees) of any kind resulting directly or indirectly from your use of the Product or use of the Product by others under your supervision, custody, control, or by virtue of your invitation or permission to use the Product.

YOUR PRODUCT TUB SHOULD BE COVERED AND LOCKED WHEN NOT IN USE. DO NOT REMOVE ANY PARTS OR LOCKING MECHANISMS FROM THE PRODUCT.

SURFACE AND INSTALLATION REQUIREMENTS: Iceology Cold Plunge LLC is not responsible for site preparation, electrical, or any other pre-installation requirements concerning the Product. Customer acknowledges and agrees that the determination of the final location and installation of the Product, including compliance with all applicable building, safety, and other code requirements, is the sole responsibility of Customer and that Iceology Cold Plunge LLC has made no representations, warranties or promises to Customer in this regard.

The Product must be installed on a uniform level surface that is firm and flat.

The Product is required to be under an overhead covered area away from the outdoor elements.

THE ½ HP & ¼ HP ACTIVE AQUA CHILLERS SHOULD NEVER BE LEFT EXPOSED TO THE ELEMENTS, INCLUDING DIRECT SUNLIGHT

Customer acknowledges and agrees that Iceology Cold Plunge LLC shall not be responsible or liable in any way for any losses, injuries, harm, damages, costs or expenses of any kind (including attorneys’ fees) resulting directly or indirectly from or related in any way to improper site preparation, placement, or installation of the Product, including, but not limited to damage from fire, electrical shock, damage to equipment, damage to the Product, or improper support for the Product.

See our website for INFORMATION FOR WARRANTY INFORMATION AS WELL AS PRODUCT AND CHILLER maintenance, BEST PRACTICES, AND WATER SANITATION.

ACCESS AND CLEARANCE: For most deliveries, a minimum of 40” wide clearance through gates or doors is required.

ELECTRICAL REQUIREMENTS: All of the Products require either a 15A or 20A standard outlet with a GFCI-protected power source.

You agree to ensure that the power circuit the Product is being plugged into has available amperage of 7.5 amps FOR ½ and ¼ HP UNIT.

If sufficient amperage is not available, a new GFCI circuit will need to be located or contact your local electrician to add a new GFCI dedicated circuit.

CHILLER REQUIREMENTS:  The refrigeration efficiency of the chiller depends upon several factors including the installation location chosen by you (i.e. in a climatized environment vs. in a garage), ambient temperature (climate), heating and cooling source, and lighting.

Place the chiller in a well ventilated space away from flammable materials, flammable vapers, high temperatures, direct sunlight, moisture, and high humidity.

The ½ HP & ¼ HP chillers are best designed to work inside. If that is not possible, then putting the chiller in a garage or enclosed patio may be a suitable alternative, depending on the area. If you have questions about this, please contact us or the manufacturer or supplier.

Chiller should be placed at least 12” away from any walls for adequate ventilation.

Do not cover or move the chiller while it is operating.

Do not put the chiller on its side or upside down as this will cause damage to the chiller. If the chiller is placed on its side, readjust the unit to its correct, upright position and wait at least 3 hours before turning it on. Anytime the chiller is moved without keeping it level, you must let the chiller remain upright for at least 3 hours before plugging it in.

Avoid direct contact with liquids to the external body of the chiller unit. Failure to do so may result in damage to the unit, electric shock, or other harm.

If you are in an area that gets down to 32°F or lower, the chiller needs to be unplugged, drained and stored for the season. Freezing temperatures can damage the chiller.

Keep power cord free of obstructions, such as heavy or sharp objects sitting on it.

DO NOT SUBMERSE THE CHILLER. Doing so will damage the unit and may inflict electric shock or other harm.

DO NOT USE Epsom Salt or any other salts for water sanitation. Salt is hard on the chiller components and can damage and degrade the chiller components over time. Adding any type of salt to the water in your Product will void any and all warranties on the Product. See our website for more INFORMATION ABOUT WATER SANITATION.

Regular maintenance of the chiller’s will help maintain and maximize the chiller’s efficiency. Please refer to our Website for steps on chiller maintenance.

See our website for more INFORMATION ABOUT chiller maintenance.

COLOR VARIANCE: Minor color variances may exist because the Product is custom made. We have also made every effort to display as accurately as possible the colors and images of our Products appearing on the Iceology Cold Plunge / Frank's Cold Plunge LLC Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Filter: Check your filter weekly and ensure it does not get too dirty. A dirty filter will slow down the flow rate and can cause damage to the pump and chiller. If you notice your water flow rate into the tub starts to slow down or your pump sounds louder than normal, change your filter.

Do not rinse off and reuse your filter, a new filter must be used each time you change it.

Do not use a filter cartridges below 50 microns in the filtration system.

SERVICE REQUESTS: Requests for service or repairs must be made from Monday thru Friday from 9:00 a.m. to 4:00 p.m. Eastern Standard Time. Customer agrees to perform basic troubleshooting with us via telephone to properly diagnose any problems, and if there is a defective part, have a new or replacement part shipped to you. You understand and agree that you are responsible to pay all reasonable trip fees to perform in-home repairs and, in the event the repair is not covered by an applicable warranty, all associated repair costs, including without limitation, costs for parts and labor.

ASSUMPTION OF RISKS: In consideration of being permitted to purchase, obtain delivery or pickup, and use Products and Services offered by Iceology Cold Plunge LLC, with full knowledge and awareness of the potential risks, I, on behalf of myself, spouse, heirs, estate, assigns, and any others for whom I am responsible and/or for whom I am authorized to act and provide consent, understand, acknowledge and agree each of the following:

Although Iceology Cold Plunge LLC has taken reasonable steps to provide appropriate information, instructions, recommendations, and warnings specific to the Products and Services, including but not limited to, those described in this Agreement, the Polices, and on its Website or elsewhere, there are certain risks that are inherent in use of the Products and Services that may not or cannot be completely eliminated.

The Products and Services offered for sale by Iceology Cold Plunge LLC, including use of the Products and Services, may be physically and mentally demanding, dangerous, and involve risks of injury, damage, illness, disease, temporary or permanent paralysis, permanent disability, and/or death.

The dangers, hazards, and risks of injury, damage, illness, or disease by using the Products or Services include with limitation: (a) health complications and medical conditions, including without limitation, sudden, rapid increase in breathing, heart rate, and blood pressure, cardiac stress and other cardiac risks, heart failure, loss of consciousness, hypothermia, circulation problems, cardiovascular risks, contraindication with medications (whether prescription or over the counter), frostbite, heart muscle damage, heart arrhythmias, and drowning or near drowning and related complications; (b) equipment failure, malfunction, or misuse by you or others; (c) electric shock, burns, and fire; (d) complications from use of ozone generators or off-gassing; and (e) other accidents or incidents that may result in injury, damage, illness, or disease to me, others for whom I am responsible and/or for whom I am authorized to act and provide consent, guests, invitees, or others whom I permit to use the Products or Services after delivery or provision to me (collectively, “Risks”). Customer acknowledges and agrees that this list of Risks is not exhaustive and merely intended to provide a summary of some potential Risks of using the Products and Services.

Injuries or damages may include, but are not limited to: (a) major or minor personal, physical, bodily, emotional, mental, economic, property, or other types of injuries or damages to you or others for whom you are responsible and/or for whom you are authorized to act and provide consent, guests, invitees, or other persons or entities whom you permit to use the Products or Services once delivered or provided to you; (b) death, temporary or permanent paralysis, brain damage, heart attacks, heart failure, loss of consciousness, strokes, disfigurement, allergic reactions; burns, drowning or near drowning and related complications; (c) aggravation of pre-existing injuries, damages, illnesses, diseases, or medical conditions; (d) injury or hospitalization; (e) pain and suffering; (f) loss of consortium, love, affection, comfort, companionship, or care; (g) emotional distress, embarrassment, humiliation or shock; (h) economic damages, lost wages or lost earning capacity; (i) medical or other expenses (including attorneys’ fees); and (j) any other disability, impairment, incapacity, injury, loss, or damage (collectively, “Injuries”).

I hereby assert that my purchase and use of the Products and Services is voluntary and that, with full awareness and knowledge of the risks, including without limitation, those Risks and Injuries described above, I knowingly agree to assume all the Risks and Injuries incurred by my purchase and use of the Products and Services for myself, spouse, heirs, estate, assigns, on behalf of any others for whom I am responsible and/or for whom I am authorized to act and provide consent, guests, invitees, and on behalf of those whom I permit to use the Products and Services once delivered to me.

Risks and Injuries in the use of the Products or Services may be caused, in whole or in part, by the NEGLIGENCE OF Iceology Cold Plunge LLC, you, or other persons or entities (whether under your control or not). YOU FULLY UNDERSTAND AND, WITH FULL AWARENESS AND KNOWLEDGE OF THE POTENTIAL RISKS AND INJURIES, VOLUNTARILY AND WILLINGLY ASSUME ALL RISKS AND INJURIES, INCLUDING WITHOUT LIMITATION RISKS AND INJURIES CAUSED BY THE NEGLIGENCE OF Iceology Cold Plunge LLC, YOURSELF, OR OTHER PERSONS OR ENTITIES (WHETHER UNDER YOUR CONTROL OR NOT).

NEGLIGENCE: You understand that the term “Negligence” as used in this Agreement includes, but is not limited to, Iceology Cold Plunge LLC’s or another person’s or entity’s (1) negligent design, construction, delivery, repair, maintenance, installation, instructions, advice, recommendations, operation, supervision, monitoring, advertising, or provision of the Products or Services; (2) negligent failure to warn of or to remove hazardous, unsafe, dangerous, or defective conditions concerning the Products or Services; (3) negligent failure to provide or keep the Products or perform any Services in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision, or retention of employees, independent contractors, or volunteers; (6) negligent collection, use, disclosure, or storage of personal, sensitive, or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).

RELEASE OF LIABILITY AND DAMAGES; WAIVER OF CLAIMS: ON BEHALF OF YOURSELF, SPOUSE, HEIRS, ESTATE, ASSIGNS, AND ALL OTHERS FOR WHOM YOU ARE RESPONSIBLE AND/OR FOR WHOM YOU ARE AUTHORIZED TO ACT AND PROVIDE CONSENT, YOU HEREBY ASSUME ALL RISK AND LIABILITY IN CONNECTION WITH PURCHASE AND USE OF THE PRODUCTS AND SERVICES, AND DO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO MAKE ANY CLAIM IN ANY FORUM AGAINST Iceology Cold Plunge / Frank's Cold Plunge LLC, INCLUDING ALL OF ITS SUBSIDIARIES, PARENTS, AFFILIATES, BOARD MEMBERS, INVESTORS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, distributers, suppliers, MANUFACTURERS, service providers, licensors, VOLUNTEERS, SERVANTS, INSURERS, ATTORNEYS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SPOUSES, EXECUTORS, PERSONAL REPRESENTATIVES, NEXT OF KIN, AND HEIRS (COLLECTIVELY, THE “RELEASED PARTIES” AND INDIVIDUALLY A “RELEASED PARTY”) IN CONNECTION WITH OR ARISING OUT OF THE PURCHASE OR USE OF THE PRODUCTS OR SERVICES.

THE RELEASE GIVEN HEREIN SHALL INCLUDE A RELEASE OF THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES, LOSSES, DAMAGES (INCLUDING WITHOUT LIMITATION, direct, indirect, incidental, punitive, special, or consequential damages, LOST PROFITS, LOST REVENUE, lost savings, loss of data, replacement costs, or any similar damages, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF contract, tort (including negligence AND strict liability) or otherwise), CLAIMS, LITIGATION, SUITS, DEMANDS, ACTIONS, EXPENSES (INCLUDING ATTORNEYS’ FEES) AND CAUSES OF ACTION WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE AND ANY CLAIM OR DEMAND THEREFOR ON ACCOUNT OF ANY PHYSICAL, MENTAL, OR EMOTIONAL INJURY, DAMAGE, ILLNESS, OR SICKNESS (INCLUDING WITHOUT LIMITATION COVID-19 OR OTHER TRANSMISSION OF COMMUNICABLE DISEASE, INFECTION, OR ILLNESS) TO PERSON OR DAMAGE TO PROPERTY OR RESULTING IN PHYSICAL, MENTAL, OR EMOTIONAL INJURY, DAMAGE, ILLNESS, SICKNESS, OR DEATH (INCLUDING WITHOUT LIMITATION RELATED TO COVID-19 OR OTHER TRANSMISSION OF COMMUNICABLE DISEASE, INFECTION, OR ILLNESS) even if advised of their possibility, OF THE UNDERSIGNED, YOUR SPOUSE, HEIRS, ESTATE, ASSIGNS, AND ANY OTHERS FOR WHOM YOU ARE AUTHORIZED TO ACT AND PROVIDE CONSENT, GUESTS, INVITEES, OR THOSE WHOM YOU PERMIT TO USE THE PRODUCT OR SERVICES AFTER IT IS DELIVERED OR PROVIDED TO YOU, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR PURCHASE, INSTALLATION, MAINTENANCE, REPAIR, STORAGE, AND USE OF THE PRODUCTS OR SERVICES, WHETHER (I) ALLEGED TO BE CAUSED BY ANY OF THE RELEASED PARTIES OR OTHER PERSONS OR ENTITIES (WHETHER UNDER YOUR CONTROL OR NOT), (II) ALLEGED TO BE CAUSED BY THE NEGLIGENCE, MISCONDUCT, OR OTHER ACTS OR OMISSIONS OF ANY OF THE RELEASED PARTIES OR OTHER PERSONS OR ENTITIES (WHETHER UNDER YOUR CONTROL OR NOT), (III) CLAIMS ARE BROUGHT BY YOU OR OTHER PERSONS OR ENTITIES (WHETHER UNDER YOUR CONTROL OR NOT), (IV) CLAIMS BROUGHT AGAINST ANY OF THE RELEASED PARTIES OR OTHER PERSONS OR ENTITIES (WHETHER UNDER YOUR CONTROL OR NOT), OR (V) CLAIMS ALLEGED TO BE CAUSED BY any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use or reliance upon any content (or product) posted, transmitted, or otherwise made available to you OR OTHERS related to the Products OR SERVICES, including as posted on our Website.

PREEXISTING CONDITIONS/SYMPTOMS, INSURANCE, AND MEDICAL TREATMENT:  On behalf of yourself, spouse, heirs, estate, assigns, all others for whom you are responsible and/or for whom you are authorized to act and provide consent, guests, invitees, and all others who you permit to use the Products or Services once they are delivered or provided to you, you represent and attest that you are each physically and mentally capable, healthy, and competent to participate in using the Products and Services and have no known health problems, restrictions, or conditions (including known heart, circulatory, respiratory, or nervous system conditions) or symptoms of communicable illness, infection, or disease (including COVID-19) that might jeopardize any of your health or safety or the health or safety of others during their use of the Products or Services. You further represent that you have consulted with your health care provider (and any health care provider for anyone for whom you are responsible and/or for whom you are authorized to act and provide consent) and all have been cleared to safely use the Products.

DEFENSE AND INDEMNIFICATION AGREEMENT:  On behalf of yourself, spouse, heirs, estate, assigns, all others for whom you are responsible and/or for whom you are authorized to act and provide consent, your guests or invitees, and all others who you permit to use the Products or Services once they are delivered or provided to you, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, losses, damages, lawsuits, costs, expenses (including attorneys’ fees), and/or liabilities, including any losses or claims alleged to be caused by the Negligence, misconduct, or any other acts or omissions of any of the Released Parties or other persons or entities (whether under your control or not), asserted against the Released Parties by any other person or entity (whether under your control or not) arising out of, resulting from, caused by or related in any way to the purchase, installation, maintenance, repair, storage, or use of the Products or Services by you, others for whom you are responsible and/or for whom you are authorized to act and provide consent, guests, invitees, or other persons or entities (whether under your control or not) who you have permitted to use the Products or Services after delivery or provision of them to you. Your agreement to defend and indemnify the Released Parties means, among other things, that you will pay any and all settlement, judgment, or other damages, fees, expenses, or costs of any type incurred (including attorneys’ fees) by Iceology Cold Plunge LLC to resolve the claim.

DISCLAIMER OF WARRANTIES:  Except for the limited and express warranties expressly stated by us that ARE provided for certain Products, including related to the chiller, pump—impeller, and plumbing (as described in more detail on our Website), the Products purchased by and delivered to you are provided on an “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions or merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

GOVERNING LAW; JURISDICTION AND VENUE:  This Agreement, and any claim or dispute related to enforcing this Agreement, an alleged breach of this Agreement, or any other claims relating to or arising under this Agreement or related in any way to your purchase or use of the Products or Services, is governed by the laws of the State of Florida without regard to the principles of conflicts of law. Any claim or dispute between you and us related to enforcing this Agreement, an alleged breach of this Agreement, or any other claim relating to or arising under this Agreement or related in any way to your purchase or use of the Products or Services, shall be brought exclusively in a court of competent jurisdiction located in Broward County, Florida, which court shall have sole and exclusive personal jurisdiction over the Parties and where venue shall exclusively lie. The Parties agree that they will not object to personal jurisdiction or venue in such court.

WAIVER OF JURY TRIAL: To the maximum extent permitted by applicable law, I (a) covenant and agree not to elect a trial by jury with respect to any issue arising out of this Agreement or my purchase or use of the Products OR SERVICES that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of right to trial by jury is given knowingly and voluntarily.

ATTORNEYS’ FEES AND COSTS:  I expressly agree to pay any and all attorneys’ fees, costs, or other expenses (including expert witness fees) incurred by Iceology Cold Plunge LLC in enforcing this Agreement, an alleged breach by me of this Agreement, as well as concerning any claims or lawsuits arising under or relating in any way to this Agreement or my purchase or use of the Products or Services for which Iceology Cold Plunge LLC is considered to be the prevailing party.

SEVERABILITY: I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

ENTIRE AGREEMENT; AMENDMENT: This Agreement, including all Invoices, Policies, and any other signed, written agreements between you and Iceology Cold Plunge LLC, together contain the entire understanding of the parties relating to the subject matter. Iceology Cold Plunge LLC may amend this Agreement at any time, in its sole and absolute discretion. Notice will be made in writing (sent to your last known e-mail address) if this Agreement is amended, and the amended Agreement will be posted by us on our Website (https://iceologycoldplunge.com). Your use of the Products and Services after any such amendment will evidence acceptance of the amendment(s). Any amendments suggested by Customer shall be agreed to in writing by Iceology Cold Plunge LLC (and counter-signed by Customer) before any such amendment to the Agreement becomes effective.

SIGNATURES; BINDING NATURE: This Agreement may be executed, made and delivered electronically. This Agreement shall be binding on my heirs, executors, administrators, successors, personal representatives, successors, and assigns.

By signing (or otherwise assenting to this Agreement, whether electronically or otherwise), I acknowledge that I have read the foregoing Agreement and understand its contents; that I am at least eighteen (18) years old and fully competent to give my consent; that I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed; that I give my voluntary consent in signing this Agreement as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation; and that if I choose not to sign this Agreement, I am not required to purchase or use the Products or Services of Iceology Cold Plunge. LLC.

I have read and understood this Agreement and enter into it voluntarily in consideration of the opportunity for me or my children or other minors for whom I am responsible and/or for whom I am authorized to act and provide consent to purchase and use the Products or Services of Iceology Cold Plunge LLC.

I acknowledge I am giving up legal rights and/or remedies which may be available to me or to others for whom I am authorized to provide consent.

I agree to and sign this Agreement freely and voluntarily by my own free will, without duress, and assert that no oral representations apart from this Agreement have been made to me.

These Terms of Use are effective as of June 1st, 2024.