THIS IS A LEGAL DOCUMENT AND BINDING AGREEMENT BETWEEN THE PARTIES. CLIENT AGREES TO CAREFULLY AND COMPLETELY READ AND COMPLY WITH THIS AGREEMENT. THIS AGREEMENT CONTAINS CERTAIN CONDITIONS AND RESTRICTIONS ON THE USE OF THE SERVICES, MEMBERSHIP, CLIENT RIGHTS, AND LEGAL PROTECTIONS. YOU SHOULD NOT SIGN THIS AGREEMENT WITHOUT READING AND UNDERSTANDING ITS CONTENTS.

THE AGREEMENT COVERS ALL SERVICES AND WILL CONTINUE AND/OR BE AMENDED FROM TIME-TO-TIME, UNTIL CLIENT CANCELS THIS AGREEMENT.

HolistiqueByDesign.com

info@holistiquebydesign.com

(719) 204-4736

Holistique LLC, a Colorado limited liability company is independently operated and owns this Agreement.

Holistique LLC is not for emergency consultations/services, in an emergency, call 911.

This Client Agreement governs the relationship between Holistique LLC, a Colorado limited liability company (“Holistique” or “We”), and Client, Holistique’s provision of Services to Client, and Client’s obligations and rights related to Holistique and its Providers and Staff. The Client is defined as the individual who signs this Agreement and receives services from Holistique. The Client may also be referred to herein as “You” or “Your.” While You may not receive all available services, this Agreement confirms your consent and understanding of all available services and Holistique’s provision of those services.

Guest Information

Emergency Contact Information

In the event of an emergency, please contact the following person:

*If Client is a minor, the Emergency Contact MUST be the legal guardian.

Select

Section 1 General Agreement Terms

Guest Agreement (Waiver) is only applicable to Holistique Breathesuites all other services require client agreements:

The HaloSauna™ is the first sauna to offer a synergistic combination of an Infrared Sauna and Salt therapy, created to engage all 5 senses for a truly transformative experience. We offer single use and monthly Membership options for Holistique Breathesuite Sessions.

Waiver of Liability and Assumption of Risk Agreement

Please read carefully before signing. This is a release of liability and waiver of certain legal rights.

This Waiver of Liability and Assumption of Risk Agreement between Holistique LLC, a Colorado limited liability company (“Holistique”) and the undersigned “Participant” applies to Participant’s use of the Breathesuites at Holistique located at 16577 Cinematic View, Monument, Colorado 80132 (the “Studio”).

PARTICIPANT EXPECTATION: I understand and agree to abide by the following expectations. I agree not to engage in any conduct that in any way interferes with the positive environment of the Studio or with the attitude of promoting health and wellness in the Studio. I agree to refrain from any possession or use of drugs, alcohol, and firearms or weapons in the Studio. I agree to refrain from any horseplay and any disruptive conduct, including use of profanities, in the Studio. I agree not to damage or tamper with the Studio or any equipment, including saunas, televisions, computers, and other property. I agree to wear suitable, presentable, and clean clothing in good condition at all times, which includes shirts, pants and shoes. To promote safety and more time efficient exercise programs, I agree to return all equipment or other functional training tools equipment to designated areas. During high-traffic hours, I agree to adhere to posted appointment times and policies so as not to interfere with others’ use of the Studio. This includes but is not limited to opening and closing sauna doors during sessions and adjusting temperature away from settings. I agree to keep my personal belongings in cubicles and clear of heaters to ensure that my personal belongings do not have the ability to interfere with equipment or other clients.

I agree to follow all instructions provided by Holistique staff at all times.

HEATED SERVICE AND INFRARED EXPOSURE NOTICES AND CONSENT:

I acknowledge and agree that I am obligated to always follow manufacturers’ warnings and directions for use, which is posted in the Studio and can be provided by Holistique upon request. Exercising in hot temperatures can put stress on the cardiovascular system. Therefore, hot exercise programs are not recommended for and should not be used by:

1)    Individuals with chronic disease or who have suffered heat strokes or heat stress in the past, history of dizziness, fainting spells, narcolepsy, and/or history of seizures.

2)    Individuals with cardiovascular disease or condition, including but not limited to aneurism, angina, atherosclerosis, congenital heart disease, high blood pressure, history of stroke, etc.

3)    Individuals who have alcohol or stimulant drugs in their systems (e.g. amphetamines, cocaine, etc.).

4)    Children, pregnant or nursing women, or individuals with heat sensitive conditions.

Participation in hot exercise programs should be avoided in the event that participant takes or has been prescribed prescription medications like cardiac drugs, beta-blockers and anticholinergic, or antimuscarinics medications (prescribed for Parkinson's Disease or to reduce the side effects of certain anti-psychotic drugs) as they may interfere with the body's heat loss mechanisms, making those who use them more susceptible to heat illness and impairing the participant's ability to endure the rigors of the program.

If I have any of the conditions described herein, I understand that I must provide Holistique with a letter from my general physician (on letterhead with the general physician’s name signed and printed), which letter must certify that my general physician understands the rigors of the activity and that the general physician certifies I am physically fit to perform and engage in all aspects of the activity and provides their medical consent to my participation.

Pregnant women, elderly people, and those with hyper/hypotension must seek the advice of their physician before participating in these activities.

I understand that if I am on or have been prescribed medication or if in any situation the following symptoms occur, use of heated exercise or sauna service use or any other exercise must be discontinued and medical treatment should be sought:

• A feeling of sudden and severe fatigue,

• Nausea and/or dizziness,

• Lightheadedness or fainting, shortness of breath, passing out or near passing out,

• A cessation of sweating accompanied by dry, hot skin,

• A period of inexplicable irritability, malaise, or flu-like symptoms,

• Chest pain, pressure, tightness, or heart racing.

ASSUMPTION OF RISK: I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, which may be sustained by me, or any loss or damage of property owned by me, as a result of my use of the Breathesuites and any other equipment therein WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE. Furthermore, I acknowledge my duty to exercise ordinary care for my own protection and the protection of Holistique staff and clients while using the Studio, the Breathesuites, or any other equipment therein.

I assume the risk with my own physical condition and acknowledges that I have received advice from my general physician that I am capable of such activities or that I will seek such advice or that I assume the risk of proceeding without such advice. I acknowledge and agree that no representation has been made regarding the qualification of Holistique staff, the Studio, the Breathesuites, or any other equipment therein, or results to be obtained by my use of the same.

WAIVER: I, with the express intention of binding my heirs, legal representatives, and assigns, agree to fully, completely, and forever release Holistique, and its respective owners, directors, shareholders, partners, managers, members, officers, agents, employees, insurers, agents, successors, assigns, parents, subsidiaries, and affiliated companies (“Released Party(ies)”), from any and all loss, demands, rights, suits, penalties, controversies, settlements, damages, expenses, costs, compensation, loss of services, subrogated rights, liabilities, attorneys’ fees, awards, claims, and causes of action, whether arising in contract, tort, statute, strict liability, product liability, or otherwise (“Liability Claims”), arising from my use of the Studio, including the Breathesuites and any other equipment therein, or related to this Agreement, for bodily injury, illness, disease, or death I sustain. The foregoing release shall also apply to any and all Liability Claims relating to loss or damage to property belonging to me, including but not limited to wallets, keys, jewelry, or automobile, sustained in or within any areas surrounding Holistique LLC or its premises. The foregoing release shall apply regardless of whether or not any such Liability Claim arises in whole or in part from the sole or concurrent negligence, omission, or fault of any Released Party.

INDEMNIFICATION AND HOLD HARMLESS: I hereby further AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that RELEASEES may incur due to my use of the Studio, the Breathesuites, or any other equipment therein, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.

EQUIPMENT AND FACILITY DAMAGE: In the event that any damage to the Studio, the Breathesuites, or any other equipment therein facilities occurs as a result of my willful actions, negligence, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with such actions, negligence or recklessness.

APPLICABLE LAW AND SEVERABILITY: I agree that this Agreement shall be governed for all purposes by Colorado law, without regard to any conflict of law principles. I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

ACKNOWLEDGMENT OF UNDERSTANDING: I have read this waiver of liability, assumption of risk, and indemnity, fully understand its terms, and understand that I am giving up my rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily and intend by my signature to be a complete and unconditional bound hereto, to the greatest extent allowed by law.

PARENT/LEGAL GUARDIAN CONSENT FOR MINORS

For clients under age 18 who wish to use the Studio, the Breathesuites, or any other equipment therein, a legal parent/guardian is required to sign this Agreement on their behalf prior to using the Studio, the Breathesuites, or any other equipment therein. As a legal parent/guardian of the below detailed minor participant, I hereby grant permission for said minor to use the Studio, including the Breathesuites, or any other equipment therein. I attest that I am the legal parent/guardian of said minor and attest to the age of the minor. I have carefully read, understood, and ensured all information being provided is accurate to the best of my ability and hereby agree that said minor and I will abide by provisions of this Agreement, including the Participant Expectations. I further understand that I am financially responsible for the minor and all related costs that may result from the minor’s use of the Studio, the Breathesuites, or any other equipment therein. I understand that I am responsible for the actions and results of the actions of the minor when the minor is using the Studio, the Breathesuites, or any other equipment therein, and that the Holistique staff is not providing supervision of the minor. I understand that minors must be accompanied by a legal parent or guardian at all times when using the Studio, the Breathesuites, or any other equipment therein, and that the legal parent or guardian must be a participant or paying Client. I understand that minors are not permitted to use the Studio, the Breathesuites, or any other equipment therein, without a legal parent or guardian. I understand that violation of these and all other listed rules and notices will result in the forfeiture of minor’s use of the Studio, the Breathesuites, or any other equipment therein

Courtesy Expectations:

To promote safety and more time efficient exercise programs, Client must remember to return all equipment or other functional training tools equipment to designated areas. During high-traffic hours, Client is to adhere to posted appointment times and policies so as not to interfere with others’s use of the Studio. This includes but is not limited to opening and closing of sauna doors during sessions and adjusting temperature away from settings.

Client must follow instructions provided and keep personal belongings in cubbies and clear of heaters to ensure that personal belongings do not have the ability to interfere with equipment or other clients.

Guest Privileges: 

Holistique allows clients to bring Guests to no charge subject to the following policies and restrictions.

Clients may bring a Guest during open reception hours only. All Guests must provide identification and sign the required Waiver on their first visit before using or accessing the Studio or Services. All Guests must be at least eighteen (18) years of age unless a legal parent or guardian signs the required Waiver. Clients may bring as many Guests as they would like for one (1) single visit. Guests are never permitted to use or access the Studio or Services during non-staffed hours regardless of the client having access to allow entry. Guests must always check in with Holistique Staff before being permitted access to the Studio or Services.

Guest passes are available and may be provided to client to distribute to friends, family, and other guests for a one-time VIP session. We highly suggest that clients contact Holistique to schedule a Guest visit at least 24 hours ahead of the visit to ensure availability for the Guest.

Section 2 Statement Of Health

Guest Client (also referred to as "Client" in this agreement) warrants that Client is in good health and has no condition, which could be aggravated or worsened by the use of the Studio, any equipment therein, or receipt of Our Services. Further, Client warrants that should Client develop a health condition which could be aggravated by use of the Studio, any equipment therein, or receipt of Our Services, that Client will immediately cease all use of the Studio, any equipment therein, or receipt of Our Services and notify Holistique in writing of such conditions.

Heated Service and Infrared Exposure Notices and Consent:

Client (and/or Client Guest(s)) acknowledges and agrees that Client is obligated to always follow manufacturers’ warnings and directions for use, which is posted in the Studio and can be provided by Holistique upon request. Exercising in hot temperatures can put stress on the cardiovascular system. Therefore, hot exercise programs are not recommended for and should not be used by:

1)    Individuals with chronic disease or who have suffered heat strokes or heat stress in the past, history of dizziness, fainting spells, narcolepsy, and/or history of seizures.

2)    Individuals with cardiovascular disease or condition, including but not limited to aneurism, angina, atherosclerosis, congenital heart disease, high blood pressure, history of stroke, etc.

3)    Individuals who have alcohol or stimulant drugs in their systems (e.g. amphetamines, cocaine, etc.) .

4)    Children, pregnant or nursing women, or individuals with heat sensitive conditions.

Participation in hot exercise programs should be avoided in the event that Client takes or has been prescribed prescription medications like cardiac drugs, beta-blockers and anticholinergic, or antimuscarinics medications (prescribed for Parkinson's Disease or to reduce the side effects of certain anti-psychotic drugs) as they may interfere with the body's heat loss mechanisms, making those who use them more susceptible to heat illness and impairing the participant's ability to endure the rigors of the program.

If Client has any of the conditions described herein, Client must provide Holistique with a letter from Client’s general physician (on letterhead with the general physician’s name signed and printed), which letter must certify that the Client’s general physician understands the rigors of the activity and that the general physician certifies Client is physically fit to perform and engage in all aspects of the activity and provides their medical consent to Client’s participation.

Pregnant women, elderly people, and those with hyper/hypotension must seek the advice of their physician before participating in these activities.

IF CLIENT IS ON OR HAS BEEN PRESCRIBED MEDICATION or if in any situation the following symptoms occur, use of heated exercise or sauna service use or any other exercise must be discontinued and medical treatment should be sought:

·       A feeling of sudden and severe fatigue,

·       Nausea and/or dizziness,

·       Lightheadedness or fainting, shortness of breath, passing out or near passing out,

·       A cessation of sweating accompanied by dry, hot skin,

·       A period of inexplicable irritability, malaise, or flu-like symptoms,

·       Chest pain, pressure, tightness, or heart racing.

Guest Health History

Please answer each question with as much detail as possible so that Your Provider(s) can create a truly customized experience to compliment Your needs:

Acknowledgment

I (Client) have read and understand this Agreement, including the waiver of liability, assumption of risk, and indemnity provisions, fully understand its terms, and understand that I am giving up my rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, and intend by my signature to be a complete and unconditional bound hereto, to the greatest extent allowed by law.

Consent for Minor

For clients under age 18 who wish to use the Studio or receive Services, a parent/legal guardian is required to sign this Agreement on their behalf prior to using the Studio or receiving any Services.

As a legal parent/guardian of the below detailed minor Client, I hereby grant permission for said minor to use the Studio and receive Services, whether at the Studio, On-Location, or virtually. I attest that I am the legal parent/guardian of said minor and attest to the age of the minor. I have carefully read, understood, and ensured all information being provided is accurate to the best of my ability and hereby agree that said minor and I will abide by provisions of this Agreement, including the Client Expectations. I further understand that I am financially responsible for the minor and all related costs that may result from the minor’s use of the Studio or Services. I understand that I am responsible for the actions and results of the actions of the minor when the minor is using the Studio or receiving Services and that neither the Staff or Providers are providing supervision of the minor. I understand that minors must be accompanied by a legal parent or guardian at all times when using the Studio and that the legal parent or guardian must be a paying Client. I understand that minors are not permitted to use the Studio without a legal parent or guardian and are not provided with 24/7 access as part of their Membership. I understand that violation of these and all other listed rules and notices will result in the termination of the membership(s).