WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

WARNING: THE FOLLOWING IS A RELEASE OF LIABILITY. PLEASE READ CAREFULLY.

Liability Waiver: Release of liability for personal injuries and for personal loss of property at Next Edge LLC, Client and or guest(s) expressly agrees that all use of all equipment shall be at the client's sole risk.

1. In consideration for receiving services at Next Edge LLC and utilizing their health and wellness equipment (herein after referred to as “equipment”), I hereby release, waive, discharge in advance, and hold harmless Next Edge LLC Officers (including but not limited to officials, employees, agents, franchisees and volunteers), (all of whom are referred to as “releasees”), from any and all liability, claims, demands, actions and causes of actions whatsoever arising out of or related to any damage or injury that may be sustained by me, due to any act of negligence of any of releasees, while using any equipment, due to the use of any equipment, or due to any condition of any premises of the Next Edge LLC.

2. I hereby confirm that no warranty or guarantee, or other assurance has been made to me covering the results of the use of equipment. I have been explained and I understand the process, including possible adverse reactions, side effects, or other possible complications. It is understood that MY CONSENT, as indicated by checking the box below, is being given in advance of any administration of the process and is being given by me voluntarily to use any equipment of the Next Edge LLC.

3. I am fully aware of the risks connected with the equipment, and I am voluntarily participating in said equipment usage and entering Next Edge LLC premises to engage in such usage. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS that maybe engaged in such an activity.

4. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and shall be deemed as a RELEASE WAIVER AND DISCHARGE of the above named. 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 Iowa.

5. I understand that the equipment of Next Edge LLC is designed for fitness and appearance enhancing use only, by persons in good health. I have been advised 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. If I shall faint due to excess nitrogen inhalation, I hold myself responsible for all injuries should I fall and the cryosauna attendant has the right to assist me.

7. The ownership and staff shall not be responsible or liable to me and/or my guest for articles lost or stolen at Next Edge LLC or for loss or damage to any other guest, including wallets, keys, jewelry, and the like.

8. I grant permission to Next Edge LLC to use my image for use in media publications including videos, emails, brochures, newsletters, magazines, newspapers, general publications, website, and social media. I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used now or in the future and I waive any rights to royalties or other compensation arising from or relating to the use of any images.

9. By signing this agreement, I am confirming that I am in good health and do not have any of the following conditions (or I have written consent of a physician to use proper equipment).
Use of the Cocoon Fitness Pod System is not recommended for individuals with the following conditions: epilepsy, active cancer, broken bones or slipped disc, intoxication, infectious or contagious skin conditions (skin lesions, open abrasions and/or areas of inflammation or persistent erythema), outfitted with pacemakers or defibrillators, insensitivity to heat (i.e. erythema ab igne). Individuals with the following conditions are advised to obtain written physician consent before using the Cocoon Fitness Pod System: pregnancy or lactating, heart disease and/or other cardiovascular conditions, diabetes, using medications such as diuretics, barbiturates, anticholinergics, and/or beta blockers, hemophiliacs/Individuals prone to bleeding, individuals with implants, individuals with sensitive skin or poor blood circulation.
Cryotherapy is not recommended for people with the following conditions: pregnancy, severe hypertension (blood pressure> 180/100), acute or recent myocardial infarction, unstable angina pectoris, arrythmia, symptomatic cardiovascular disease, cardiac pacemaker, peripheral arterial occlusive disease, venous thrombosis, acute or recent cerebrovascular accident, uncontrolled seizures, severe Raynaud’s Syndrome, fever, tumor disease, symptomatic lung disorders, bleeding disorders, severe anemia, infection, cold allergy, acute kidney and urinary tract diseases.
There are some conditions that may be adversely affected by the use of an Infrared Sauna. If you have any of the following conditions, please consult with your physician before use: pregnancy, adrenal suppression, SLE (Systemic Lupus Erythematous), Multiple Sclerosis, hyperthyroidism, hemophilia, acute joint injuries, enclosed infections (dental, joints, tissue), artificial joints, metal pins, or any other implants. Also, check with your physician or pharmacist for any possible effects that infrared radiation may have on how the drug interacts with the body. If, at any point during your session in the Infrared Sauna you stop sweating, your skin becomes clammy, you feel weak, tired or nauseous, leave the sauna immediately. Individuals who use prescription drugs should seek the advice of their physician for any possible changes in the drug effect when the body is exposed to infrared waves or elevated body temperature. Diuretics, barbiturates and beta-blockers may impair the body’s natural heat loss mechanisms. Anticholinergics such as amitriptyline may inhibit sweating and can predispose individuals to heat rash or to a lesser extent, heat stroke. Some over-the-counter drugs, such as antihistamines, may also cause the body to be more prone to heat stroke.
Oxygen Bar use is not recommended for people with respiratory conditions such as: COPD, cystic fibrosis, asthma, emphysema. Consult your doctor before using an oxygen bar if you have a heart condition, vascular disorder, or other chronic medical condition.
Consult your doctor before using Photobiomodulation Therapy if you are: sensitive to light, pregnant, taking drugs known to cause sensitivity of skin to light, have any suspicious or cancerous lesions, recently had a steroid injection or use topical steroids.
Avoid using PEMF if you have any of the following conditions: pregnancy, epilepsy, pacemaker, cochlear implants, implanted metals, joint replacements, dental implants, mechanical heart valves, metal stents, metal staples.

10. Checking the box below constitutes my acknowledgement that (1) I have read, understood and fully agree to the foregoing consent; (2) the proposed use of all equipment have been satisfactorily explained to me and I have all the information I desire; (3) I hereby give my authorization and consent. This CONSENT SHALL STAND AS LONG AS I USE ANY EQUIPMENT OF Next Edge LLC now and in the future; (4) that I am in good health and do not have any contraindicated conditions or that I have written physician consent to participate in activities; and (5) that I have signed this waiver of Liability and Hold Harmless Agreement of my own free and voluntary will, without any threat or coercion whatsoever.

NEXT EDGE PERFORMANCE 24/7 ACCESS WAIVER & AGREEMENT
24-HOUR ACCESS RELEASE OF LIABILITY & ASSUMPTION OF RISK

As a 24-hour secure-access fitness facility, NEXT EDGE LLC (hereafter referred to as “NEP”), has a few different policies and procedures. Please read the information carefully. If you have any questions, please ask.

Compliance with Rules

I understand and agree that a 24/7 NEP membership is a special membership based on trust and is a privilege, which can be taken away for a violation of rules. As an NEP member, I agree to abide by all NEP membership rules and 24/7 membership rules, which will be posted at NEP, on the NEP website, and may be amended from time to time at the sole discretion of NEP.

The additional rules below apply to a 24/7 membership:
I. Only one 24/7 member may enter NEP at a time during non-staffed hours. Everyone must use their key code/token/pin individually.
II. Key code/token/pin sharing is strictly prohibited and will result in immediate loss of membership; key code/token/pin sharing is viewed by ownership as stealing services.
III. Only active account members will be allowed entry.
IV. Pre-approved 24/7 members under the age of 18 must be accompanied by an approved member parent until they reach the age of 18.
V. Improper unauthorized use of NEP may result in member suspension or cancellation. No one may use your key code/token/pin for any reason, and you are required to report any situation that appears to be code sharing to NEP staff.
VI. NEP reserves the right to suspend or cancel the rights, privileges, and membership of any member whose actions are detrimental to the use, safety, and enjoyment of NEP.
VII. Do not bring or otherwise allow a person that is not an approved member or guest of NEP to access the facility without permission.
VIII. Do not bring or otherwise allow a person younger than 18 years of age to access NEP without permission.
IX. Members alone in NEP should call 911 in case of an emergency.
X. All outside doors must remain closed during all non-staffed hours.
XI. No one under the influence of alcohol or drugs is permitted in NEP at any time. No alcohol-involved fitness activities are permitted without permission from the owner.
XII. Only use equipment you understand how to use. If you need help, you can set an appointment up with staff by calling 515-227-5351 during business hours, texting Kelsey at 515-570-2292, or emailing [email protected].
XIII. Inspect the equipment to make sure it is properly functioning prior to using the equipment.
XIV. Remove any potential trip hazards from the floor, around racks/lifting area, and return all excess plates/equipment to keep area tidy when they are not in use.
XV. Limit all movements to 80% loading during non-staffed hours.
XVI. Stop exercising if you experience a potential injury and seek medical attention.
XVII. Inspect your surroundings to make sure equipment and weights are not obstructing your intended exercise.
XVIII. Notify management and all other members using NEP if any equipment is not working properly or if you notice any potentially dangerous conditions within NEP. You can notify management by calling 515-227-5351, texting Kelsey at 515-570-2292, or by emailing [email protected].
XIX. If you break any equipment, you agree that you will pay to fix or replace this equipment.
XX. Return all equipment, chalk, and/or other NEP supplies to their designated storage place after using the equipment and pick up any items or trash brought into NEP or bathrooms.
XXI. After NEP use, please vacuum, mop, and wipe down any used equipment. We also recommend cleaning prior to using equipment in case the person before you did not clean.
Failure to do so will result in the following:
1st Violation — Verbal warning
2nd Violation — $25 fine immediately charged to credit card on file
Additional violations of these rules will result in additional fines or will result in revocation of 24/7 NEP access.
XXII. NEP is monitored 24/7 by surveillance cameras. Do not touch, move, or unplug any security cameras.
XXIII. Do not adjust the thermostats.
XXIV. Any items taken from the retail area must be signed for at the time of purchase on the Retail Sheet in the retail area. Failure to report is considered stealing and will be dealt with accordingly.
XXV. Be sure to firmly push the door closed and check to make sure it’s locked!
XXVI. You must schedule your time for each service prior to using and respect other customer appointment times.

Failure to follow these guidelines will result in revocation of 24/7 access.

___________ Initial acceptance to abide by NEP rules and special rules for the 24/7 membership.

No Supervision

I understand I am purchasing a membership at a 24/7 facility that allows access at any time. As such, I am aware that there will be no supervision or assistance except during staffed hours. Staffed hours may change at the sole discretion of NEP. I am aware if I get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event, there will likely be no one to respond to my emergency and that NEP has no duty to provide assistance to me while I am at NEP. I understand even though NEP is equipped with surveillance cameras, these record, but are not monitored continuously; help will not be available during non-staffed hours. However, a first aid station, AED and emergency alarms are located in the facility.

_____________ Initial acceptance of No Supervision.

Acknowledgement of Risk and Waiver of Liability

I voluntarily assume the risk of injury, accident, death, loss, cost or damage to my person or property which might arise from my use of NEP, and I agree to hold harmless and release NEP and all affiliated corporations, and its owner, directors, employees, representatives, management, and all others from any and all liability. I also release all of those mentioned and any others acting on their behalf from any responsibility or liability for any injury or damage to myself including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities or the use of any equipment at NEP during staffed or non-staffed hours.

____________ Initial acceptance of Acknowledgement of Risk and Release of Liability Waiver.

General Terms

This contract represents the complete understanding between you and NEP. No representations, written or oral, other than those contained in this contract (and NEP’s other waivers) are authorized or binding upon NEP. Should any part of this agreement due to legal or other regulatory changes become unenforceable, the remaining provisions within this agreement not impacted by such change shall remain in full force as originally written. You agree to promptly update NEP of any changes of address, phone, email address and/or bank account/credit card information.

____________ Initial acceptance of General Terms.

I certify that I have read and understand all of the terms of the NEP agreement and agree to continue to abide by all of the terms of this agreement.