SERENE DREAMS, LLC, 537 Kearny Avenue, Kearny, New Jersey 07032 (RELEASEES) and CUSTOMER.
In consideration for receiving permission to participate in using our floatation tanks (also called think tanks, isolation tanks, i-sopod and sensory deprivation tanks), I, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Serene Dreams, LLC, their officers, agents, and/or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury (including permanent
injuries and drowning), that may be sustained by me, or to any property belonging to me, while participating in such activity, are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
I further agree that I will NOT use the floatation tank:
- With oils or creams on my body;
- Without showering;
- With any other person;
- If I have any communicable or infectious disease or illness, skin disorder, large cuts, open sores or wounds;
- If I am under the influence of alcohol, drugs or illegal substances or while smoking;
- If I am epileptic, unless in the opinion of my physician my epilepsy is under medical control so that I am in sufficient control of my seizures not to endanger myself in the floatation tank;
- If I am pregnant in my 3rd trimester and I have NOT consulted and received permission to float from my health-care provider;
- If I suffer from diabetes, unless, in the opinion of my physician, my diabetes is under medical control so that I am in sufficient safety to use the floatation tank;
- If I suffer or have suffered from chronic heart disease, serious heart disease, or if I am wearing a pacemaker, unless, in the opinion of my physician, my heart issues are under medical control so that I am in sufficient safety to use the floatation tank;
- If I have high blood pressure (may exacerbate within 10-15 minutes because of heat);
- If I have an ear infection or any other type of infection; or
- If I got a tattoo within the last seven (7) days.
I further agree that I WILL when using the floatation tank do all of the following:
- Cover any small open cuts with Vaseline prior to floating;
- NOT stand inside the tank;
- Use earplugs;
- Follow the safety procedures and instructions for getting in and out of the tank, as floors are slippery;
- Secure my personal belongings in provided lockers (we are not responsible for jewelry, items, or valuables!).
I further understand that the floatation tank uses one or more of the following in combination, that these agents will be in the water and that some people may experience skin allergies, lightheadedness, or reactions to such chemicals:
- Epsom salt / U.S.P. pharmaceutical grade magnesium sulfate (MgSO4);
- 35% hydrogen peroxide (H2O2)
- Ultraviolet (UV) sterilization systems; or
- Natural enzymes, botanical extracts and non-toxic biodegradable cleaning products.
I also hereby agree and understand that I shall have consulted with my own health care provider prior to using the floatation tank if I am currently taking any medication or under a physician’s care for any reason.
I understand that the floatation tank is not a medical procedure and that any therapeutic effects or potential health benefits from use of the flotation tank are in no way guaranteed.
Upon using the floatation tank, I absolve Serene Dreams, LLC, their officers, employees, and agents from any and all liability in connection with the use thereof, notwithstanding whether such losses or damages are direct or indirect.
I further agree to take full responsibility for my thoughts and actions while in the floatation tanks. By signing this waiver of liability I agree to hold Serene Dreams, LLC harmless, and understand that all agreements herein shall apply to each use I make of the floatation tank, facilities, premises, and the like.
I am fully aware of the risks and hazards connected with the activities of floating, and I am aware that such activities include the risk of permanent injury and even drowning, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that Serene Dreams, LLC does not require me to participate in this activity. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury (including permanent injuries or drowning) that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that Releasees may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal
representatives, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. 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 New Jersey and that any mediation, suit, or other proceeding must be filed or entered into only in New Jersey and the federal or state courts located in New Jersey. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
IN PURCHASING THIS FLOAT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, that I understand it and sign it voluntarily as my own free act and deed; I may have this agreement reviewed by an attorney prior to execution of this agreement and by agreeing to this document without an attorney present I expressly and affirmatively waive that right; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent (or, if under 18, I have obtained written or orally witnessed parental consent to float); and I execute this Agreement for full, adequate and complete consideration, fully intending to be bound by all of its terms.