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Terms and Conditions

 

Waiver of Liability, Release and Hold Harmless Agreement:

1. In consideration for using the Cryotherapy machines, Cold Plunge, Infrared Sauna, Red Light Therapy, Fitness Pod and/or NormaTec (here after “Equipment”), I hereby release, waive, discharge in advance, and hold harmless Franklin Freeze LLC, its officers, servants, agents, employees and volunteers (hereinafter referred to as Franklin Freeze LLC,) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by me or any person by, through or under me, while using the Equipment or due to the use of the Equipment or any related or ancillary product or service offered by Franklin Freeze LLC.

 

2. I hereby confirm that no warranty, representation or guarantee, or any other assurance or prediction of outcome has been made to me concerning the results of any sessions or Equipment and that I am fully aware of the risks and hazards connected with the use of the Equipment, including the risk of physical injury or disability and/or death as the result of such use, and I am voluntarily participating in said Equipment usage, and entering the above named premises to engage in such usage. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury that may be sustained, or any loss or damage to property as a result of being engaged in such an activity. I further hereby agree to indemnify and hold harmless Franklin Freeze LLC from any loss, liability, damage, or costs that I may incur due to the use of Equipment by me. I confirm that this consent is being given in advance of any treatment, is being given voluntarily and that the administration of the process, and possible adverse reactions, side effects, or other possible complication associated with the treatment and use of the Equipment has been explained to me.

 

3. It is my expressed intent that this Release and Hold Harmless Agreement shall bind me, my spouse, and the members of my family, or if I am not alive, and my heirs, assignees, and personal representative, and shall be deemed as a release, waiver, and discharge of the abovenamed releases. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Indiana and venue shall be exclusively in Williamson County, Tennessee

 

4. I understand that Franklin Freeze, will not be responsible for any medical, incidental, special, or consequential damages and/or costs associated with any injury I may sustain due to the use of the Equipment and/or any of the facilities at Franklin Freeze LLC.

 

5. I understand that the Equipment is designed for possible fitness and appearance enhancing use only by persons in good general health. I have been advised by reading this form that if I suffer from any medical condition or illness whatsoever; I am not to use the Equipment without my doctor’s written permission.

 

6. I understand that I take full responsibility for any willful or accidental damage that I, my guests, or my invitees may commit or cause while at Franklin Freeze LLC. I will pay immediate restitution to the owners for all damages caused by my actions or the actions of my guest or invitees.

 

7. Physical and mental conditions discussed herein and on FranklinFreeze.com are representative of commonly known and studied applications and symptoms, but Cryotherapy is not represented or guaranteed to diagnose or cure specific diseases, symptoms or conditions.

 

8. I confirm that I have received no medical advice from Franklin Freeze LLC, or their staff. I also understand, acknowledge and accept that it is possible that I may receive no beneficial results from my use of the Equipment.

 

9. In the event of any litigation arising out of the terms of this agreement, the prevailing party in such litigation shall be entitled to recover all reasonable attorney’s fees and costs incurred against the non-prevailing party, including fees and costs incurred on appeal, as well as all costs associated in the collection of any judgment.

 

10. I understand that Cryotherapy is generally thought to provide relaxation, stress reduction, relief of muscular tension, recovery from muscular tension, and recovery from surgery, illness, or injury in some circumstances. I further understand that Cryotherapy should not be construed as a substitute for medical examination, diagnosis, or treatment and that I should see a physician, chiropractor, or other qualified medical specialist for any mental or physical ailment that I am aware of.

 

11. By providing my email address, I understand that I will be added to Franklin Freeze newsletter. I understand that I have the option to unsubscribe at any time.

 

12. Merger & Severability: This Waiver of Liability, Release, and Hold Harmless Agreement represents the complete agreement between the parties. If any provision in this Agreement is found to be unenforceable, it is the intention of the parties that the other provisions shall be enforceable. My signature below constitutes my acknowledgment that (1) I have read, understand, and fully agree to the foregoing consent, (2) the proposed cryotherapy process has been satisfactorily explained to me as noted above and I have all the information I desire and (3), I hereby give my authorization and consent.

 

This consent shall stand if I use the Equipment at the location or any other location of Franklin Freeze, or a related company now and in the future. I have read the instructions for proper use of the facilities and Cryotherapy machine and do so at my own risk and hereby further release the owners, operators, franchisers, or manufacturers, from any damage or harm that I might incur due to use of the facilities. In signing this release, I acknowledge and represent that I have read and fully understand the foregoing Waiver of Liability; Release and Hold Harmless Agreement, all Client Consent forms, and I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate, and complete consideration fully intending to be bound by same. I have also acknowledged that if anything in this agreement is not understood that I will consult with an attorney before signing this agreement. Furthermore, I agree that I will comply with all instructions on the use of the cryotherapy device and that I am using these services at my own risk. I agree to use all sessions within the terms of the contract dates and understand that refunds are not given on unused portions of purchased packages.

 

Cryotherapy

Safety Instructions for Cryotherapy:

1. Treatments are limited to 2-10 minutes per session. Overexposure to the cold temperatures may cause chilblain;

2. During treatment, you must have relaxed breathing and movements.

3. You may notify the attendant to end the procedure at any time if you experience any problems or anxiety;

4. Abnormal skin sensitivity to cold may be caused by certain foods, cosmetics, or medication, including but not limited to the following: Tranquilizers, High blood pressure medication;

5. A person who is less than (18) years of age may not use cryotherapy without parental consent;

6. Remove jewelry.

Risks of Cryotherapy:

Fluctuations in blood pressure (due to peripheral vasoconstriction, Systolic blood pressure may briefly increase by up to 10 points during treatment. This effect should reverse after the end of the procedure, as peripheral circulation returns to normal), allergic reaction to extreme cold (rare), claustrophobia, anxiety, frost bites, activation of some viral conditions (cold sores) etc. due to stimulation of the immune system or any unforeseen, known, or unknown risks.

Contraindications to using Cryotherapy:

Cancer, Pregnancy, Severe Hypertension, acute or recent myocardial infarction, unstable angina pectoris, arrhythmia, symptomatic cardiovascular disease, cardiac pacemaker, peripheral arterial occlusive disease, venous thrombosis, acute or recent cerebrovascular accident, uncontrolled seizures, Severe Raynaud’s Syndrome, cold, fever, tumor disease, symptomatic lung disorders, bleeding disorders, severe anemia, infection, claustrophobia, cold allergy, age less than 18 years (parental consent to treatment needed), acute kidney and urinary tract diseases, coldinduced asthma, open wound or sore (including teeth abscesses, hyperthyroidism, acute respiratory disease peripheral arterial disease (Fontaine Stages III & IV), bacterial and viral skin infections, under the influence of drugs or alcohol, Heart attack which dates less than 6 months, Polyneuropathy, low white blood cell count.

 

Cold Plunge

The Participant acknowledges and agrees that Franklin Freeze Services include the use of different types of equipment including, but not limited to, an infrared sauna and ice bath therapy, and related activities involve certain inherent risks that cannot be eliminated regardless of care taken to avoid injuries. Risks of Services vary depending on the circumstances, may increase by incorrectly using or misusing infrared sauna and ice bath therapy, and may include occurrences such as extreme heat, heat exhaustion, dehydration, extreme cold, slippery surfaces and floors, and exposure to substances emanated from, or used to operate or maintain associated equipment, in addition to the other risks associated with all Franklin Freeze Activities.

 

The Participant acknowledges and agrees that the Participant is solely responsible for consulting with a physician or health professional prior to and regarding the Participant’s use of Franklin Freeze Plunge Services, and that neither Franklin Freeze nor any of the Owners, Managers, Staff, or Members have made any representations or warranties as to the results that may be obtained from use of Franklin Freeze, or as to the advisability of the Participant’s participation in such activities. If any of the following apply to or are experienced by the Participant, the Participant will not use, and will immediately discontinue further use of all Cold Plunge Services unless and until the Participant’s physician or licensed health professional approves the Participant’s participation in such activities: use of prescription medication; cardiovascular conditions, including use of a pacemaker or defibrillator; substance abuse; chronic conditions; joint injury or any infections; surgical implants; pregnancy; hemophilia; fever; heat sensitivity; or dizziness, pain, or discomfort during use of a sauna, participation in ice bath therapy, or participation in any related activities.

 

THE PROTOCOL

Franklin Freeze operates in 30-minute and One hour sessions in a Private Room. Each session starts with 10-12 minutes in our sauna to raise your body temperature then slowly emerging yourself into the cold plunge for up to 3 minutes. After a period of rest, you may repeat the cycle one more time to maximize benefits. While we recommend this routine based on research, we respect our clients’ preferences and don’t enforce a rigid process. EX: You could just plunge for 3 minutes and leave or plunge, rest, plunge, rest, plunge. (All Plunges are recommended no more than 3 minutes for beginners)

 

You are not to splash water outside of the plunge. If you do, you will be charged a cleaning fee of $250. We will be required to drain the plunge and dry the entire room. Room must be closed until completely dry.

Infrared Sauna

I hereby release Franklin Freeze LLC. from any liability for damages from illness, injury, and/or death that arises out of, or relates to or in any manner relates to, client’s use of the Far Infrared Sauna/ Facilities and services provided at or by the Franklin Freeze LLC. I agree to the following:

1. I am 18 years of age or older.

2. I do not weigh more than 300 pounds.

3. I will not remain in the sauna past my session time.

4. I will not tamper with the temperature controller and/or settings of the sauna.

5. I will wait for at least 30 minutes after my session to do a Cryotherapy session, and understand it is my responsibility to bring necessary dry clothing with me.

6. I also understand that should I continue to sweat after 30 minutes; I will notify Franklin Freeze staff and, therefore, will not be able to use the Cryotherapy after the sauna session.

7. I am submitting this release, waiver of liability, and assumption of risk declaration voluntarily and of my own free will.

8. I have no physical or emotional problems, nor any history thereof, which will impair my ability to utilize the Far Infrared Sauna/Facilities and its services in a safe manner.

9. I understand and agree that it is my responsibility to assess the hazards presented by my use of the Far Infrared Sauna/Facilities and services of the Far Infrared Sauna/Facilities, and further agree that I am the ultimate judge regarding my personal use of the Far Infrared Sauna/Facilities and services without risk of harm to myself.

10. I understand and expressly assume all responsibility and potential risk incident to using the Far Infrared Sauna/Facilities and their services, and hereby RELEASE ALL CLAIMS, including but not limited to, personal injury, property damage or destruction, and death, whether caused by NEGLIGENCE, breach of contract or otherwise, and whether for bodily injury, property damage or loss otherwise, which I may ever have against Franklin Freeze LLC.

 

My use of the Far Infrared Sauna/Facilities is entirely optional and is of my own free choice. My use of the Facilities is in no way a requirement of Franklin Freeze LLC. By providing my email address, I understand that I will be added to Franklin Freeze LLC’s newsletter. I understand that I have the option to unsubscribe at any time. Any other provision of this Release to the contrary notwithstanding, I understand that I am strictly liable for any damages, deterioration and/or loss of use of the Far Infrared Sauna/Facilities, its systems and/or contents. Should such loss occur due to my use of the Far Infrared Sauna/Facilities for any reason. I hereby assume all risk associated with my use of the Infrared Sauna. I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against Franklin Freeze LLC, its employees and agents and hold them harmless from all liability, claims, demands, actions and causes of action whatsoever arising out of or related to the use of the Infrared Sauna, including but not limited to any slip and fall incident referred to above. I have read and fully understand and agree to the above terms of this Liability Waiver Agreement. I am signing this agreement voluntarily and recognize that my signature serves as complete and unconditional release of all liability to the greatest extent allowed by law in the State of Indiana. Contraindications to using Infrared Sauna: If you have a recent sprain, bruising, laceration or surgery, the affected area(s) should not be heated for the first 48 hours after an injury OR until the swelling has reduced. Wait 20-30 minutes, following strenuous exercise, to use the infrared sauna. Allow your body to cool down completely before entering the sauna. If you do not sweat. Hemophiliacs and anyone predisposed to hemorrhage. Pregnant women.

 

NormaTec

Contraindications to using NormaTec: Acute pulmonary edema, acute thrombophlebitis, acute congestive cardiac failure, acute infections, Deep Vein Thrombosis, episodes of pulmonary embolism, wounds, lesions or tumor at or in the vicinity of application, where increased venous and lymphatic return is undesirable, bone fractures or dislocations at or in the vicinity of application.

 

I hereby assume all risk associated with my use of Normatec Compressions. I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against Franklin Freeze LLC and its employees and agents and hold them harmless from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to the use of the Normatec, including but not limited to any slip and fall incident referred to above. I have read and fully understand and agree to the above terms of this Liability Waiver Agreement.

 

I am signing this agreement voluntarily and recognize that my signature serves as complete and unconditional release of all liability to the greatest extent allowed by law in the State of Tennessee.

 

Red Light Therapy

Red Light Therapy devices are over-the-counter class II medical devices that emit energy in the red and IR spectrum intended to provide topical heating for the purpose of elevating tissue temperature for: Temporary relief of minor muscle pain, Temporary relief of joint pain or minor arthritic pain, Relieving stiffness, Muscle spasm, Promoting relaxation of muscle tissue, Temporary increase in local blood circulation. Mito Red Light devices are not intended to cure or diagnose any medical conditions. Use of these devices help promotes healthy skin and overall health and wellness through supporting cellular function. Recent Burns Malignant Cancers Hyperthyroidism (Neck and Upper Chest Only) Epilepsy Pregnancy (Abdomen Only), Eye Disease (Eyes Only), Light Sensitivity, Relative Contraindications for Red Light Therapy, Fever or Infection, Systemic Lupus Erythematosus (SLE), Severe Bleeding or Blood Loss, Use of Photosensitizing Medications

 

Monthly Memberships

Franklin Freeze LLC, offers Monthly Memberships. By Initialing below, you are NOT signing up for a membership. You are simply stating that you have read and understand the terms and conditions, should you do so in the future. I am aware that if I sign up for a monthly membership, my credit card will automatically be charged on a monthly basis until request of termination. I understand that it is my responsibility to terminate my membership upon which charges for subsequent months will cease, and I am aware that there are no refunds or back pay of any lapsed and non-used membership time when you terminate your membership. I am aware that monthly memberships are not shareable. I can cancel my monthly membership at any time with a 5 day notice prior to my next billing date.

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