TH7 Waiver

Risk Warning

Use of the Equipment and/or participation in the Protocols offered by TH7 involves substantial risks to participants. These risks include personal injury or illness ranging from minor to catastrophic including (without limitation) pain, headaches, irritation, bleeding, fainting, infection, anxiety, virus, disease, low blood pressure, high blood pressure, breathing difficulties, dehydration, dizziness, muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, seizures, heart attacks, strokes, aneurysms, drowning, permanent disability, death, as well as other physical or mental incapacity.

By signing this form and using the Equipment and/or participating in the Protocols, you indicate that you understand the risks of participation and voluntarily accept these risks. You further release TH7 from all liability associated with your participation. If you have any of the following medical conditions, you must not use the Equipment or participate in any of the Protocols. Medical conditions that prevent you from participating include (without limitation):

• Heart conditions or cardiovascular disease (angina, heart attack, aortic stenosis)
• Unstable blood pressure
• Epilepsy
• Infectious disease
• Pregnancy

ASSUMPTION OF RISK AND WAIVER OF LIABILITY AGREEMENT

PLEASE READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS

This is a legal document, and if you are unsure of its purpose or consequences, or do not understand it, you should seek independent legal advice or assistance before signing it.

In consideration for TH7 allowing me to use the Equipment and/or participate in the Protocols, I, the undersigned, acknowledge and agree that:

1. EQUIPMENT AND PROTOCOLS

   You may only use the Equipment and/or participate in the Protocols in accordance with this agreement. You acknowledge and agree that the use of the Equipment and/or participation in the Protocols will include exposure to extreme and suddenly changing conditions, environments, equipment, facilities and surroundings. This may include (without limitation) cold temperatures, hot temperatures, confined spaces, wet areas and pools, infrared waves, changes in oxygen levels, the application of pressure to your body and/or restrictions on your normal movement. You have read and understand the Risk Warning above and are aware of the dangers, risks and hazards associated with your use of the Equipment and/or participation in the Protocols. These risks include any manner of personal injury or illness ranging from minor to catastrophic including (without limitation) pain, headaches, irritation, bleeding, fainting, infection, anxiety, virus, disease, low blood pressure, high blood pressure, breathing difficulties, dehydration, dizziness, muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, seizures, heart attacks, strokes, aneurisms, drowning, permanent disability, death as well as other physical or mental incapacity. You acknowledge that the use of the Equipment and/or participation in the Protocols is being undertaken for the purposes of recreation, enjoyment or leisure, and involves a significant degree of risk of physical and mental harm as well as the materialisation of obvious risks. You acknowledge that the use of the Equipment and/or participation in the Protocols may be undertaken with one or more other persons as part of a group and that TH7 is not liable for the actions of any other participants or third parties. You are freely and voluntarily assuming any and all dangers, risks and hazards associated with your use of the Equipment and/or participation in the Protocols and further acknowledge that you agree to do so entirely at your own risk.

2. PARTICIPANTS HEALTH, FITNESS AND PHYSICAL ABILITIES

   You are solely responsible for and must ensure that you have an appropriate level of health, fitness, physical skills and personal ability to use any Equipment and/or participate in any Protocols. TH7 has not made, nor will make any assessment of your level of health, fitness or personal abilities to use any Equipment and/or participate in any Protocols. You must consult with a suitably qualified medical professional regarding your level of health, fitness, physical skills and personal ability to use any Equipment and/or participate in any Protocols before using any Equipment and/or participating in any Protocols. You confirm that you have no medical conditions, impairments (physical, mental or otherwise), pregnancies or other conditions whatsoever that may affect the safety of yourself or others using any Equipment and/or participating in any Protocols. You confirm that you do not have any of the conditions specified in [#insert link]. In the event that you are in difficulty during your use of the Equipment, participation in the Protocols or otherwise whilst at a Clinic, you must immediately stop using the Equipment and/or participating in the Protocols and seek help, assistance and advice.

3. COMPLIANCE WITH DIRECTIONS AND RULES

   You must comply with all lawful and reasonable directions of TH7 whether oral or written (including, without limitation, any directions and rules identified on signs).

4. LIABILITY

   To the maximum extent permitted by law, you waive all liability and hold TH7 harmless for any loss (including financial loss), damage, personal injury (including physical and mental injury or incapacity), death or property damaged; and release and indemnify TH7 from any and all liability, costs (including, without limitation, legal costs), claims, damages, demands and actions, arising from or in connection with your use of any Equipment, Participation in any Protocols and/or attendance at any Clinic to the extent that it was directly or indirectly caused by your failure to strictly comply with Part B (Participants Health, Fitness and Physical Abilities) and/or Part C (Compliance with Directions and Rules) or to the extent that you were aware or ought to have been aware of the relevant risk having regard to Part A (Equipment and Protocols). You understand by signing this agreement you will be forever precluded from suing or otherwise claiming against TH7 for any loss, damage, personal injury (including physical and mental injury or incapacity), death or property damage that you may sustain through your use of any Equipment, participation in any Protocols and/or attendance any at Clinic.

5. GENERAL

   In entering into this agreement, you are not relying upon any oral or written representations or statements made by TH7 about the risks associated with the use of the Equipment and/or participation in the Protocols other than what is outlined in this agreement. If any provision of this agreement is held to be invalid or unenforceable, the remainder of this agreement will not be affected, and it will in other respects continue to be effective and enforceable. If such invalidity or unenforceability is subsequently released or changed so it is no longer in conflict with the law, the provision will return to full force and effect. This agreement will be for the benefit of and be binding on you and TH7 and their respective successors and permitted assigns. In this agreement: Clinic means any clinic operated by TH7 that provides the Equipment or the Protocols. Equipment means any equipment owned, operated or utilised by TH7, which may include (without limitation) traditional saunas, steam rooms, infrared saunas, cold pools, hot pools, compression boots, cryogenic chambers, hyperbaric oxygen chambers, theraguns, float tanks or other equipment; Protocols means any protocol offered by TH7 that may utilise any Equipment; TH7 means TH7 Body Labs Pty Ltd and any “associated entity” or “related entity” of TH7 Body Labs Pty Ltd as those terms are understood under Sections 9 and 50AAA of the Corporations Acts 2001 (Cth).