Mist Thermal Sanctuary
Use of Facilities Waiver

This Liability Waiver and Terms of Use Agreement governs the use of Mist Thermal Sanctuary (“Mist”) facilities (the “Facilities”).

This form must be completed and signed on site by each person in your booking before using our facilities. Please ensure you have carefully reviewed this
Liability Waiver and Terms and Conditions before signing it. By signing this agreement, you acknowledge you are voluntarily participating in the services and activities provided by Mist Thermal.

This means you understand that these services may involve certain risks, including but not limited to heat exposure, physical exertion, or other potential hazards. You agree to assume all risks and hereby release, waive, and discharge Mist Thermal, its owners, employees, and affiliates from any and all liability, claims, or legal actions arising from my participation, to the fullest extent permitted by law.

1.  Assumption of Risk and Waiver of Liability

1.1.  All use of the Facilities is at my own risk. No lifeguards or staff supervision will be provided.

1.2.  By using the Facilities, I am accepting all the risks inherent in using the Facilities, including the risk of injury, accident, or death.

1.3.  Use of the Facilities may pose a greater risk for individuals who:

a.  are:

i.     pregnant;  

ii.     diabetic/pre-diabetic;

iii.     under medical care; or

b.  have:

i.     cardiovascular issues;

ii.     respiratory problems;

iii.     uncontrolled high or low blood pressure;

iv.     Raynaud’s disease;

v.     a history of dizziness, fainting, or any other issues that could be exacerbated by sudden changes in temperature;

vi.     any metal pins, rods, artificial joints, or surgical implants; or

vii.     other health issues or concerns.

If any of the above conditions apply to me, I must immediately notify the Mist staff and refrain from using the Facilities.

1.4.  The Mist staff are not a substitute for medical examination, diagnosis, or treatment. They are not diagnosing, prescribing, or treating any physical or mental illness.

1.5.  By signing this waiver, I acknowledge and agree that I understand the risks related to use of the Facilities. I confirm that, if necessary, I have consulted with a medical professional before using the Facilities. I take full responsibility for my health and well-being. Mist takes no responsibility for any injuries, harm, loss, or death that may occur from use of the facilities, other than in relation to the gross negligence of Mist.

1.6.  I fully understand and voluntarily accept all risks, including personal injury, death, property damage, and loss, in relation to my use of the Facilities. I hereby waive and release Mist, its owners, agents, employees, heirs, affiliates, and assigns from any and all liability for any injury, loss, damage, or death, whether past, present, or future, relating to use of the Facilities.

2.  Reasonable Precautions

2.1.  I must take all reasonable precautions to protect my own health and safety, including, without limitation, abiding by the terms of this Waiver and the Terms of Use for the Facilities.

2.2.  In taking reasonable precautions to protect my own health and safety, I must also, without limitation:

a.  limit sauna sessions to a maximum of 15 minutes to avoid overheating, and must allow myself adequate time in the rest areas for my body to adjust when alternating between hot and cold temperatures. The saunas at the Facilities are set to approximately 80°C and the cold plunge at approximately 5°C;

b.  avoid using the Facilities if I have recently consumed alcohol, drugs, or medications;

c.  remove all jewelry containing metals, as they can burn skin when taken into saunas;

d.  limit cold plunge sessions to a maximum of 5 minutes;

e.  ensure I am well-hydrated before and after using the sauna and cold plunge;

f.  immediately alert a Mist staff member in the case of an emergency;

g.  familiarize myself with the nearest emergency exit, safety equipment, and first aid kit;

h.  use care when entering or exiting the units, showers, locker areas, saunas, and cold plunges, as floors may be slippery due to moisture. Proper footwear is recommended;

i.  walk carefully while using the Facilities and refrain from running or climbing on benches.

3.  Allergic Reactions

3.1.  I understand that the Facilities use various essential oils and toiletries that may contain ingredients that cause sensitivity or reactions.

If I experience any adverse reactions, I must leave the room immediately and notify a Mist staff member.

3.2.  Complimentary teas provided by Mist may cause allergic reactions. I must discuss all allergies Mist Thermal Sanctuary prior to using the Facilities.

3.3.  Notwithstanding the foregoing, I acknowledge and agree that Mist is not liable for any injury, harm, or death resulting from an allergy.

4.  Personal Belongings and Electronics

4.1.  Mist is not liable for any damage, loss, or theft of personal belongings or electronics.

5. General Terms of Use

5.1.  I confirm that I have received a copy of the Mist Thermal Sanctuary Terms of Use, and that I agree to abide by the terms set out therein.

6. Miscellaneous

6.1.  This Liability Waiver and Terms of Use Agreement is in effect for all visits to Mist Thermal Sanctuary unless requested in writing by either party (the guest or Mist Thermal Sanctuary).

6.2.  This Liability Waiver and Terms of Use Agreement is governed by the laws of the Province of British Columbia, Canada. Any litigation shall be brought solely in the courts of British Columbia.