WAIVER

IN CONSIDERATION OF the risk of injury that exists while participating in “LOLU” - BREATH WORK, YOGA, AND COLD EXPOSURE THERAPY (hereinafter the "Activity"); and
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IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

‍I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
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I HEREBY release and forever discharge LOLU, located at 807B Main Street, Nashville, Tennessee 37206, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

‍I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, ORFROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

‍I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize “LOLU" to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

‍I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the LOLU official or agent, regarding my approval to participate in the Activity.

‍I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE “LOLU” AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST “LOLU” FOR PERSONAL INJURY OR PROPERTY DAMAGE.

‍To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of LOLU, its agents, and employees. I agree that this Release shall be governed for all purposes by Tennessee law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

‍THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and LOLU agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

‍I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

• Parties. We are Lolu, LLC, a Limited Liability Company based in the State of Tennessee. In this Waiver, we will refer to ourselves as “Lolu,” “us,” “we,”  and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver as “you” or “your.”
• The Activities. As part of your services with Lolu, you may participate, in person or online, in recovery and balance Wellness classes, sessions, events, workshops and more, all of which may involve but are not limited to the following (“Activities”):
• Breathwork, meditation and relaxation. 
• Contrast Therapy.
• Cold Plunge and Sauna.
• The Activities may involve physical contact in the form of adjustments and tactile cueing from instructors, so please let us know in advance if you do not want adjustments.
• The Activities also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Lolu’s facilities, including outdoors. You agree that you are responsible for the safe facilitation of the Activities happening outside facilities. 
• Equipment. In the course of the Activities, you may use a variety of equipment, which could include but is not limited to mats, pillows, free weights including dumbbells, plunge tubs (hot and cold), essential oils and sauna (the “Equipment”). Please do not use any equipment unless instructed by Lolu. You understand that while we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.
• Please note that we may add new and different Equipment in the future in providing the Activities which will be of a similar nature as the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Activities.
• Inherent Risks. You understand that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.
• Contrast Therapy. Contrast Therapy is generally considered safe and beneficial; however, there are some potential risks to be aware of:
• Burns. If the hot water is too hot, it can cause burns, especially for people with sensitive skin or conditions like peripheral neuropathy (nerve damage).  Hot surfaces, the salt wall and all equipment associated with heating in the sauna can cause burns. Prolonged exposure to high temperatures can cause overheating and dehydration.
• Metal jewelry, such as rings, earrings, necklaces, and bracelets, can heat up significantly in the sauna, causing discomfort and burns.
• Cold shock: Immersing yourself in very cold water too quickly can trigger a cold shock response, which can cause rapid breathing, increased heart rate, and even cardiac arrest in susceptible individuals.
• Transition (hot/cold): We instruct that you should wait three (3) to five (5) minutes before transitioning between the sauna and cold plunge. This transition is at your own risk. The surfaces in and around the sauna, in and around the cold plunge and shower areas may be wet and carry a high risk of slipping.
• High-Risk Individuals. If you have any cardiovascular issues, the rapid changes in blood flow caused by alternating temperatures can put added stress on the heart. People with poor circulation, peripheral artery disease, or deep vein thrombosis (DVT) may experience worsened symptoms or complications due to the temperature changes. Contrast therapy is not recommended for people with open wounds, infections, or certain skin conditions, as it could delay healing or worsen the condition. If you are unsure or have any heart conditions, high blood pressure, or a history of heart attack or stroke, you should consult your medical professional.
• There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or Equipment.
• If you are pregnant or post-natal, as with any physical activity, there are additional risks to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
• Participating in the Activities online poses risks, as no in-person supervision or space is provided. You will, therefore, need to ensure the safety of the Activities by using your judgment on how to best practice them, not pushing yourself too far and not attempting anything you feel unsure how to perform.
• If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Activities.
• If we host functions, we may serve food and beverages, including alcoholic beverages. We do not take food allergies into consideration, and it is your responsibility to manage your allergies accordingly. Your participation is at your own discretion and risk. 
• We would like to emphasize that your release of our liability is not limited in any way to these risks. The risks listed above are only examples. To be completely clear, you are agreeing not to sue us at all.
• Affirmation of Health. By participating in any Activities with Lolu, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to engage in the Activities. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Activities.
• Voluntary Assumption of Risk. You certify that you have read this Waiver and understand the risks of participating in the Activities with Lolu. By signing this Waiver or clicking “I Agree” (or something similar), you are showing your voluntary engagement and assumption of the risks of the Activities.
• Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Lolu is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Activities. You are responsible for removing all jewelry and not carrying your mobile devices while using our facilities.
• Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Activities while under the influence of alcohol or any other substances that may alter your perception or ability to be present, focused and aware of your body’s pain threshold.
• Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Lolu, LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Activities with Lolu, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.   
• Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Activities and any further interactions with Lolu, whether in person, online, or via video conferencing tool. 
• Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Tennessee or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final, binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
• General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Tennessee. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Tennessee. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand. 
•  You agree that you have read this Waiver and fully understand its contents. You also agree to be bound to all of its terms.