Informed Consent and Liability Waiver Release for Participation in Exercise Program at Sparkman Wharf

1. I am above the age of eighteen (18) years, and I am voluntarily participating in exercise

programs offered by Biomefit, Orangetheory Fitness, F45 Training and BODYROK. In consideration of joining in the classes,

activities, or other programs, and using the premises, facilities, and/or equipment, at the venue where

[Sparkman Wharf] is providing services (the “Activity”), I agree and acknowledge that I am fully

aware that there are significant inherent risks and dangers involved in physical activities, including the

potential of death, injury, and/or property damage. I further agree and acknowledge that I am

voluntarily participating in the Activity during the time period of the spread of the infectious disease

otherwise known as COVID-19, and I am fully aware that the very nature of said Activity may place

me at higher risk for contracting the disease. I accept all the risks of participating, even if the risks are

created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or

anyone else.

2. “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions,

rights of actions for damages, costs, procedures, personal injury or death (including, without

limitation, personal injury or death sustained as a result of being exposed to or otherwise becoming

infected with COVID-19 or a COVID-19 related illness) in connection with participation in the

Activity. “Released Party” means [Biomefit, Orangetheory Fitness, F45 Training and BODYROK] and its affiliates, CBP

Development LLC, CBP Development Management LLC, Franklin Street Management Services

LLC, Water Street Tampa, LLC, WST 1045 Cumberland LLC, WST 1077 Water Street LLC, Tampa

Port Authority d/b/a Port Tampa Bay, and Strategic Property Partners LLC, and all of their affiliates,

and their respective representatives, directors, officers, agents, employees and volunteer staff.

3. I agree and acknowledge that: (a) I am in proper physical condition to participate in the

Activity, and am aware that participation could, in some circumstances, result in physical injury,

serious physical injury or death; (b) I understand my physical limitations and am sufficiently

self-aware to stop physical activity before I become ill or injured; (c) if, in the subjective opinion of

any Released Party, I would be at risk by participating in the Activity, I may be denied access to the

Activity (d) at all times I shall comply with all stated and customary terms, sanitation, disinfectant and

cleaning measures, social distancing, posted safety signs, rules, and verbal instructions given to me by

any Released Party; and (e) I am aware that if the Activity occurs outdoors, the streets adjourning the

area of the Activity are open to regular vehicular traffic during the Activity and I will obey all traffic

laws and regulations.

4. I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns,

fully release, waive and forever discharge any and all rights or Claims I may have, now or in the

future, against any Released Party, even if the Claims are based on the carelessness, negligence or

gross negligence of a Released Party or anyone else. Without limiting the foregoing, I further

release any recourses which I may now or hereafter have resulting from any decision of any

Released Party.

5. I agree not to sue any Released Party for Claims, even if the Claims arise from the

carelessness, negligence or gross negligence of any Released Party or anyone else. I agree to

indemnify (reimbursement

for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable

legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf,

even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or

anyone else.

6. I am aware that it is advisable to consult a physician prior to participating in the Activity. I:

(a) have no physical or medical condition which would prevent me from properly and safely

participating in the Activity to include, without limitation, fever/chills, shortness of breath, loss of

taste or smell, muscle pains, dry cough, sore throat, or diagnosis of COVID-19 or exposure to

someone with COVID-19 within the 14 days immediately preceding the Activity; (b) have not been

instructed by a physician to avoid physical activity and/or exercise; and (c) if I have consulted a

physician, I have taken my physician’s advice.

7. I am aware that there is no obligation for any person to provide me with medical care during

the Activity. I understand and acknowledge that: (a) there may be no aid stations available for the

Activity; and (b) If medical care is rendered to me, I consent to that care if I am unable to give my

consent for any reason at the time the care is rendered.

8. I grant my permission to the Released Party and any transferee or licensee or any of them, to

utilize any photographs, motion pictures, videotapes, recordings and other references or records of the

Activity which may depict, record or refer to me for any purpose (“Images”), including commercial use

by the released parties, their sponsors and their licensees. This permission is for use anywhere in the

world and on the Internet and for an unlimited period of time. I understand and agree that I will not be

compensated or receive additional consideration for consenting to the use of the Images and that I will

not be given a chance to receive, inspect or approve the promotional or marketing material, messages

and/or content that may use the Images. I hereby release the Released Party including, without

limitation, all persons who took or otherwise created, recorded or modified the Images, from any and

all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and

howsoever arising, whether known or unknown, and which I now have or at any time hereafter can,

shall or may have in connection with, or in any way resulting or arising from, the Images and the

creation, use or disposition of them.

9. I acknowledge and agree that the Released Party shall own all right, title and interest,

throughout the world, in and to the Images and any materials compromising all or any part of the

Images, and that the Released Party has the unrestricted right to use, license, sell, transfer or otherwise

dispose of any or all of them, as well as the Released Party’s rights under this Release and Waiver, in

any manner whatsoever and without any accountability to me. I hereby assign to the Released Party all

right, title and interest, throughout the world, I may have in and to the Images and any materials

comprising all or any part of the Images, including all intellectual property rights thereto. I hereby

irrevocably waive any and all of my moral rights and any other irrevocable rights I may have,

throughout the world, in or to the Images and any materials comprising all or part of the Images.

10. I understand that some of the information provided by me, including, but not limited to, my

name, address, and date of birth (the “Information”) will be collected and used by the Released Party,

and I consent to the transmission of the Information to the Released Party, its agents and/or service

providers and authorize the Released Party, its agents and/or service providers to record, process and

store such Information as necessary for purposes of providing and administering the Activity. If any

provision of this agreement shall be unlawful, void or for any reason unenforceable, then that

provision shall be deemed severable from this agreement and shall not affect the validity and

enforceability of any remaining provisions.

11. I have fully read and understand this agreement. I am aware that by signing this agreement,

I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns

may have against the Released Party.

12. This Event Release and waiver will be construed in accordance with the laws of the State

of Florida. Each party irrevocably submits to the exclusive jurisdiction of the state and federal

courts located in Florida with respect to resolution of disputes arising under this Agreement.

Release of Liability Waiver

Registering for Sparkman Warf - 05/17/2025

Release of Liability Elevated Embers, LLC

ELEVATED EMBERS LLC. LIABILITY WAIVER________________________General & Medical Information Check with a doctor before using our sauna or cold plunge if pregnant, diabetic, have health issues/concerns, or are under any medical care. This includes a history of dizziness or fainting. This also includes any metal rods, artificial joints, or any surgical implant, including silicone. By signing our waiver, you understand the risks and have consulted with a medical professional and/or considered all risks associated with using our services. Your signature also indicates that you understand and take full responsibility for your own health and well-being. Guests with pre-existing injuries or health conditions must be always accompanied by another adult, regardless of age. Anyone entering the sauna and/or ice plunge assumes full responsibility of their medical/health condition(s) and any medications they may be taking, which could result in a medical emergency or unsafe condition. All guests must know their own limitations, and assume all risks associated with any activities they engage in at Elevated Embers, LLC. It is advised to drink plenty of water before and after your sauna experience. It is also advised not to eat at least one to two hours prior to a sauna session to avoid any ill feelings. Prolonged exposure to our sauna may cause your body to overheat. Limit yourself to a maximum of 10-minute intervals. Everyone is different and you are responsible for knowing what your body can handle for temperature over exposure to high temperatures and humidity can be dangerous to your health. Exit immediately if you become nauseous, uncomfortable, dizzy, or sleepy. Also be advised that direct contact with sauna rocks, sauna, steam, or sauna heaters may cause serious injury. We suggest removing all jewelry containing metals. Metal will retain heat, and therefore is not recommended to bring into your sauna session. Prolonged exposure to our cold plunge ice baths may cause your body to become hypothermic. Limit yourself to a maximum of five-minute intervals. Everyone is different and you’re responsible for knowing what your body can handle for temperature. Overexposure to low temperatures can be dangerous to your health, exit immediately, if nauseous, uncomfortable, dizzy, or sleepy. Do not use sauna or ice bath if you have recently consumed alcohol, drugs, or medications. Use at your own risk. Reduce the risk of slipping and falling You scare when entering or exiting the sauna, Ice, bath, and surrounding areas. Floors may be slippery and dangerous due to moisture. Ground may be uneven as our saunas are parked outside. Always use proper footwear. Be mindful and always watch where you are walking. Chairs outside the sauna are there for your convenience and relaxation. Please use caution, when moving or sitting in chairs do so at your own risk. Allergies Our saunas are made of aromatic cedar. Please use at your own risk. Leave the sauna immediately if you have any adverse or allergic reactions, including difficulty breathing, irritation of eyes or throat. By signing this waiver, you agree to inform the elevated embers team of any allergies that may put you at risk during the experience. We recommend speaking with our team before booking if you or your guests are highly sensitive to certain allergies. Understanding the risks I understand that Elevated Embers, LLC. Is not liable for any injuries I sustain on in their sauna or the grounds of your hosted experience. If I experienced any pain or discomfort during the session, I will immediately exit the sauna or ice bath. Acknowledging except the risks inherited with using the saunas and/or ice baths. I voluntarily assume the risk of injury, accidents, or death, which may arise from the use of our equipment. I hereby waive and release Elevated Embers LLC., Businesses & property-owners were Elevated Embers, LLC operate from, any, and all liability, past, present, and future relating to sauna and/or ice bath sessions. I agree that this waiver is in effect for all sauna and/or ice bath sessions and will not expire unless requested in writing by either party (guest or Elevated Embers LLC).I understand that staff working at elevated embers LLC should not be construed as substitute for medical examination, diagnosis, or treatment. I understand the staff working at elevated embers, LLC, or not diagnosing, prescribing, or treating any physical or mental illness, and that nothing set during the session giving should be construed as such. Phones in electronics Don’t like heat or water. If you choose to use any electronics or technology during your sauna and/or ice bath session, you do so at your own risk. Elevated embers LLC is not liable for this. Do not use cold plunge water for steaming in the sauna, cold plunge water is likely to have chlorine from sanitizing tablets. Towels are required to be used in the sauna and steam room. We require that you use them during your sessions for cleanliness. Please place a towel down on the benches prior to sitting down. Please sit on the towel so that you can absorb any sweat or perspiration during your session. Our sauna caps are also highly recommended while using sauna. I Grant elevated embers LLC, it’s representatives and employees the right to take photographs of me and my property. I authorize elevated embers LLC it’s a signs and transferees to copyright, use and publish the same and print or any electronically for such purposes as publication, illustration, advertising, and web contact. I also understand the elevated embers LLC is owned by those who value your privacy, and who are intentionally discreet when posting any photos which features on a trailer or cold plunge ice baths. I understand that Elevated Embers LLC is in no way responsible for the loss, damage, or theft of my belongings, while I partake in sauna. Our facility is unisex. That means clothing must be always worn nudity is not permitted. We recommend a bathing suit, especially for those individuals participating in both sauna and cold plunge. This is your experience, and you should be as comfortable as possible. If you prefer to wear a T-shirt, wrap, or robe, that is up to you. I freely accept and fully assume all risks, damages, hazards, and the responsibility of personal injury, death, property, damage, and loss. I acknowledge this waiver of liability form. I fully understand its terms and conditions, and I understand that I am waving and giving up my right to sue Elevated Embers LLC, and its contractors, employees, and all properties on which Elevated Embers LLC operate. I acknowledge that I am signing this agreement, voluntarily and intend by my signature for this to be a complete and unconditional release of liability to the greatest extent allowable by law. This waiver of liability in any rights, duties and obligations hereunder shall be governed by the laws of Florida, and any litigation involving the party. Shall be brought solely in the court to Florida. Information & Suggestions Our staff is available for any questions before, during, or after all rental periods.