PLEASE READ THIS ENTIRE AGREEMENT BEFORE ACCEPTING. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE FOR NEGLIGENCE, PERSONAL INJURY OR DEATH.
This Waiver Agreement (the “Agreement”) is between Ignite Sauna & Cold Plunge Inc. (“Ignite”) and the adult participant accepting it (“I,” “me” or “my”). In return for permission to participate in the Activities and use the Facility, whether my visit is paid, complimentary or purchased by someone else, I agree as follows.
1 Activities and Facility
“Activities” means my physical participation in Ignite’s instructor-led or self-led, Ignite Reset sessions, sauna-only sessions, cold-plunge-only sessions, Private Suite sessions, guided breathing and other wellness activities actually offered by Ignite, including orientations, rest periods, transitions and use of related amenities.
“Facility” means premises operated or used by Ignite for the Activities, including saunas, cold plunges, steps, benches, showers, changing areas, washrooms, lockers, social spaces, reception, corridors, entrances and exits, and associated equipment. This Agreement covers my presence in and movement through those areas in connection with a visit, including arrival, waiting and departure.
A booking does not mean continuous personal supervision. Instructor guidance, equipment controls, water filtration or monitoring systems do not eliminate risks or establish that an exposure is suitable for me.
2 Released Parties
“Released Parties” means Ignite; its subsidiaries and affiliates, including those organized as corporations, partnerships or trusts; and their respective directors, officers, shareholders, trustees, partners, employees, instructors, contractors, agents, representatives, successors and permitted assigns.
3 Age and Medical Suitability
I confirm that I am at least 18 years old and am personally accepting this Agreement. I will provide accurate and current intake information and update Ignite before participating if relevant circumstances change.
Under Ignite’s participation policy, I must not participate if I am pregnant, breastfeeding, have epilepsy or have a history of fainting. I confirm that none of these exclusions applies to me. Medical clearance does not override these exclusions.
For any other medical condition, cardiovascular concern, or medication that may affect my response to heat or cold, or if I am uncertain about my suitability, I will consult a physician and obtain medical clearance before participating. I will not participate against medical advice. Clearance does not eliminate risk or guarantee admission.
Ignite offers recreational wellness services. Its staff do not provide medical assessment, diagnosis, treatment, medical supervision or clearance. I am responsible for determining my fitness to participate, subject to Ignite’s participation requirements. No health, recovery or fitness result is promised.
4 Safety Obligations and Emergency Assistance
I will follow posted rules and staff directions, shower as directed, observe session and occupancy limits, and use equipment only as intended. I will remain within my own limits and may decline or stop an Activity at any time. A suggested exposure time is not an instruction to continue despite discomfort or symptoms.
I will not participate while impaired by alcohol, recreational drugs, medication or another substance affecting safe participation. I will not run, dive, bring glass into wet areas, tamper with equipment or enter restricted areas. I will never practise breath-holding or deliberate hyperventilation in a cold plunge. I will not pressure anyone to enter heat or cold or remain longer than they choose.
I will immediately stop, leave equipment safely and notify staff if I experience chest discomfort, dizziness, faintness, breathing difficulty, confusion, loss of coordination or other concerning symptoms. I will promptly report unsafe conditions or equipment concerns.
Ignite may interrupt or modify an Activity, restrict access or require me to leave for safety, a medical concern, unsafe conduct, equipment conditions or an emergency. Any financial consequence is governed by Ignite’s Terms of Use and Services and accepted purchase conditions.
If urgent assistance appears necessary, I authorize staff to contact emergency services and provide available first aid within their training. I remain responsible for ambulance, transportation or external medical charges legally payable by me. This authorization does not replace any consent to treatment required by law.
5 Specific Risks I Acknowledge
Heat and cold place stress on the body. I acknowledge the possibility of the following risks, alone or in combination:
• Heat exposure: overheating, dehydration, burns from surfaces or equipment, weakness and changes in blood pressure or heart rate.
• Cold exposure: cold shock, involuntary gasping, breathing difficulty, panic, loss of coordination, reduced ability to exit the water, hypothermia and drowning.
• Rapid temperature changes: dizziness, fainting, falls, abnormal heart rhythms, cardiovascular events or aggravation of an existing or previously unknown condition.
• Premises and equipment: wet or slippery floors, uneven surfaces, steps, collisions, hot surfaces, equipment malfunction, and failures or delays in inspection, maintenance, monitoring or assistance.
• Shared environments: contact with other guests, exposure to infectious illness, and skin, eye or respiratory irritation or reactions to water-treatment products, cleaning materials or other substances present.
• Guided activities and surroundings: lightheadedness or distress during breathing exercises, sensory discomfort, and unexpected reactions to sound, lighting or visual patterns where present.
• Consequences: physical or psychological injury, illness, permanent disability, death, and loss of or damage to belongings.
Risks may arise from my conduct, another person’s conduct, the premises, equipment, instruction, inadequate warnings or assistance, or the acts or omissions of a Released Party, INCLUDING NEGLIGENCE. Injury can occur even when rules are followed and equipment operates as intended.
6 Voluntary Assumption of Risks
I choose to participate with knowledge of these risks. I accept the possibility of risks that are not presently known or anticipated, and voluntarily assume the risk of injury, illness, disability, death and property loss arising from the Activities or my use of the Facility, including risks caused by a Released Party’s negligence.
7 Express Release and Waiver of Claims
In consideration of being permitted to participate in the Activities and use the Facility, I release and forever discharge the Released Parties from any and all claims I have or may acquire arising from or relating to my physical participation or use of the Facility, including claims for personal injury, illness, death, property damage, or other loss, whether based on negligence by any Released Party, breach of contract, breach of statutory duty, including duties under the Occupiers’ Liability Act, or any other legal basis.
I WAIVE MY CLAIMS AND RELEASE THE RELEASED PARTIES FROM LIABILITY FOR LOSS, DAMAGE, EXPENSE, INJURY, ILLNESS, DISABILITY OR DEATH ARISING FROM OR CONNECTED WITH MY ACTIVITIES OR USE OF THE FACILITY, INCLUDING CLAIMS BASED ON THEIR OWN NEGLIGENCE.
I understand that a claim may fall within this release even if a Released Party caused or contributed to the incident. This Agreement is intended to restrict liability for the Released Parties’ own negligence, as well as risks inherent in heat, cold and use of the Facility.
8 Promise Not to Sue
I covenant and agree not to commence, continue or maintain any action, lawsuit or other legal proceeding against Ignite or any other Released Party in respect of any claim released under Section 7 of this Agreement, including claims arising from personal injury, illness, death, property damage or other loss, whether based on negligence, breach of contract, breach of statutory duty, including duties under the Occupiers’ Liability Act, or any other legal basis covered by the release.
I acknowledge that this promise includes claims alleging negligence by Ignite or another Released Party. The Released Parties may rely on this Agreement as a defence to any proceeding concerning a released claim.
9 Third Party Claims and Indemnity
If my negligent or intentional conduct causes a third-party claim against a Released Party, I will indemnify and hold that party harmless for resulting losses, liabilities and reasonable legal expenses attributable to my conduct, to the extent permitted by law. This obligation does not require me to reimburse amounts attributable to that Released Party’s own negligence.
I do not accept a waiver for another adult, and my booking or payment does not release another adult’s claims. Each Private Suite guest and each other adult participant must personally complete the required intake, Terms acceptance and separate waiver before admission. A purchaser must tell invited guests of these requirements.
10 Alternative Liability Limit
If the release in Section 7 is held unenforceable for a claim, the Released Parties’ combined liability arising from my physical participation or use of the Facility will be capped at the greater of CAD $500 or the total amount I paid Ignite during the six months immediately before the incident giving rise to the claim.
This is an alternative limit, not a promise of compensation. It applies to the Released Parties collectively and does not create separate limits for each party, claim or legal theory arising from the same incident.
11 Estate and Other Beneficiaries
This Agreement binds me and my estate, heirs, executors, administrators and personal representatives, and benefits the Released Parties and their lawful successors. I do not purport to waive an independent claim belonging to a person I lack authority to bind.
Ignite contracts for its own benefit and as agent and trustee for the other Released Parties regarding these protections. Ignite may enforce these provisions for their benefit, and each Released Party may rely on the protections intended for it.
12 Continuing Visits and Related Documents
This Agreement applies to the Activities and Facility visits after my acceptance, including later visits and Private Suite bookings, until replaced by a version I personally accept. My safety and medical confirmations must remain accurate at every visit. A materially revised waiver requires renewed affirmative acceptance; posting a change alone does not amend this Agreement.
This Agreement and the separately accepted Terms of Use and Services operate together. This Agreement prevails over a directly conflicting provision about physical participation risks, releases or liability arising from physical participation or use of the Facility. Purchase, booking, cancellation and refund conditions continue to govern those subjects.
The Privacy Policy explains the handling of personal information. My acceptance of this Agreement does not authorize marketing, promotional photography or every use of my information. Relevant intake, waiver and incident records are handled under the Privacy Policy.
13 General Legal Provisions
This Agreement records the agreement about its subject matter and supersedes earlier discussions or assurances about that subject. No oral statement changes it. It does not exclude liability or rights that cannot lawfully be excluded. Any invalid provision is severed to the extent legally possible, leaving the remaining provisions effective.
Ontario law and applicable Canadian federal law govern this Agreement. Subject to mandatory legal rights, proceedings concerning it must be brought in the courts of Ontario, whose jurisdiction I accept.
The parties request this Agreement and related documents in English, subject to mandatory language rights. Les parties demandent que la présente convention et les documents connexes soient rédigés en anglais, sous réserve des droits linguistiques impératifs.
If I also expressly accept for an organization identified in the electronic acceptance process, I confirm authority to bind it regarding its own claims and obligations within this Agreement’s scope. My personal acceptance alone does not assert that authority. Every participating adult must still accept personally.
14 Electronic Acceptance
I HAVE READ AND UNDERSTOOD THIS AGREEMENT, INCLUDING THE NEGLIGENCE RELEASE, PROMISE NOT TO SUE, INDEMNITY AND ALTERNATIVE LIABILITY LIMIT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING RIGHTS TO SUE OR CLAIM COMPENSATION. I ACCEPT FREELY AND VOLUNTARILY.
I have had the opportunity to ask questions and seek independent legal advice before accepting. If I do not understand or agree, I will not accept or participate. I personally accept this Agreement by signing or selecting the initially unchecked “I Agree” checkbox or equivalent acceptance control linked to the Agreement and submitting my acceptance through Ignite’s approved electronic process. I intend this affirmative action to constitute my electronic signature and agreement to the version presented to me. I may retain or download that version.
I confirm that I am the participant identified in the electronic acceptance process, am at least 18 years old, and am accepting for myself. A purchaser’s acceptance does not replace acceptance by another adult, including any guest in a Private Suite booking.
Electronic acceptance acknowledgment
I have read and understood the Ignite Waiver Agreement. I voluntarily accept its terms, including the release of claims for negligence, promise not to sue, indemnity and alternative liability limit, and understand that I am giving up substantial legal rights, including rights to sue or claim compensation.
Signing or selecting the acceptance control alone does not authorize promotional messages or promotional photography.
Ignite Sauna & Cold Plunge Inc.
Website: https://www.ignitesaunacoldplunge.ca
Email: customerrelations@ignitesaunacoldplunge.ca
Phone: 416-528-9369
Facility: 4490 Fairview Street, Unit D120, Burlington, Ontario