I understand that a medical evaluation is advisable before commencing any Maroc Hamam Spa, LLC (“MHS”) service. I will continue to keep MHS informed of any medical problems or change in my physical condition which may affect services that I have scheduled at MHS.
I acknowledge and affirm that I am in good physical condition, including the absence of any skin conditions that may react to the services provided by MHS.
I acknowledge that neither MHS, nor its employees (collectively “MHS”), are engaged in diagnosing or treating medical diseases or conditions. If I experience pain or discomfort during the session, I will immediately inform MHS so that services can be adjusted to my level of comfort. I affirm that I have notified MHS of all known medical conditions and injuries. I agree to inform MHS of any changes in my health and medical condition.
I acknowledge that I will be engaging in activities that involve risk of serious injury, including permanent disability and death, in which severe social and economic losses may result not only from my own actions, inactions, or negligence, but from the action, inaction, or negligence of others, the condition of the equipment and/or the facilities (including parking lots), and/or other risks that may not be known to me at this time.
I acknowledge that there are potentially dangerous conditions that are present at MHS, including without limitation, extreme heat, extreme humidity, extreme cold, slippery surfaces and floors, including the presence of water, soap, and oils, heavy equipment, and chemical products.
I agree that before I use any of MHS’ services and/or facilities that I will thoroughly inspect and examine the facilities and/or equipment to determine whether said facilities and/or equipment are in safe proper working condition. In the event that I determine that anything related to the facility and/or equipment is unsafe, I will immediately advise and
inform the Spa of the unsafe condition and I will not utilize the facility and/or the equipment until such conditions are corrected and made safe for use by Client.
I expressly assume all risks to me associated with any services offered by MHS, and waive any claim which I might otherwise bring against MHS, its officers, directors, shareholders, employees, or contractors as a result of injuries resulting from or relating to my participation in one or more services.
MHS shall not be responsible or liable for any article lost, stolen, or damaged in or about MHS.
As further consideration for the privilege to use MHS and its related services, I agree that neither I nor my spouse, domestic partner, heirs, assignees, guardians, or legal representatives will make any claim against MHS or any of its officers, directors, employees, agents, independent contractors, shareholders, insurance companies, attorneys, affiliates, subcontractors, vendors, landlords, lessors, and/or its successors in interest for any injury, property loss,
and/or damages resulting from my presence and use of MHS and its related services, including use of the parking lot operated by MHS or its Landlord.
I HEREBY RELEASE,WAIVE, DISCHARGE, AND COVENANT NOT TO SUE MHS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, INSURANCE COMPANIES, ATTORNEYS, AFFILIATES, SUBCONTRACTORS, VENDORS,
LANDLORDS, LESSORS, AND/OR ITS SUCESSORS IN INTEREST (COLLECTIVELY, “RELEASEES”) FROM DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF INJURY, INCLUDING INJURY, DEATH OR DAMAGE TO PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE USE OF THE SPA AND ITS RELATED SERVICES, INCLUDING THE USE OF THE PARKING LOT OPERATED BY THE SPA OR ITS LANDLORD.
I FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD MHS AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, INSURANCE COMPANIES, ATTORNEYS, AFFILIATES, SUBCONTRACTORS, VENDORS, LANDLORDS, LESSORS, AND/OR ITS SUCESSORS IN INTEREST HARMLESS FROM ALL CLAIMS, ACTIONS, OR DEMANDS, WHETHER OR NOT SUCH MATTERS ARE FILED IN A COURT
WITH PROPER JURISDICTION OR THROUGH ARBITRATION, THAT MAY RESULT FROM MY USE OF MHS AND ITS RELATED SERVICES, INCLUDING WITHOUT LIMITATION, CLAIMS FOR INJURY, DEATH, LOSS OF PROPERTY, AND/OR OTHER DAMAGES.
I HAVE CAREFULLY READ THE ABOVE USE AGREEMENT, WAIVER AND RELEASE OF LIABILITY AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT VOLUNTARILY.
DESPITE BEING AWARE OF THE RISKS INVOLVED FOR THE USE OF MHS AND ITS RELATED SERVICES, I VOLUNTARILY DESIRE AND AGREE TO USE MHS AND ITS RELATED SERVICES. I ASSUME ALL RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR ANY DAMAGES FOLLOWING SUCH INJURY INCLUDING, BUT NOT LIMITED TO PERMANENT DISABILITY, OR DEATH.
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY ACTION ARISING HEREUNDER OR FOR THE SERVICES PROVIDED BY MHS.
I have been advised that I should take a skin test 48 hours prior, if I have not had MHS’ products used on me within the last six months, as there is a risk of an allergic reaction. I accept there may be a risk to myself of adverse reaction to MHS’ treatments, including the possibility of breathing problems, chest tightening, heart palpitations, lightheadedness, flushing, itching, bumps or swelling, irritation, hair damage/loss or burns which MHS has explained to me and I understand. I understand that if any of these reactions occur I should discontinue use and obtain medical attention immediately.
Therefore, I accept that in the case of a reaction, I will not hold MHS responsible in anyway. This includes any of the reactions specified above or any other reaction I may have. And I accept full personal responsibility.
I acknowledge that MHS has the right to refuse service and the use of the facilities to any person whose conduct is harassing, offensive, inappropriate or is an unreasonable disturbance to other clients, guests, vendors, employees, agents, and/or independent contractors, and that any such conduct which shall result in my expulsion and termination of the use of MHS and its related services, without refund of moneys advanced for such use and services.
By signing this release, I hereby waive and release my therapist from any and all liability, past, present, and future relating to the services provided by MHS.