Liability Waiver and Assumption of Risk

Date: March 2026

Centre: The Studio Recovery & Wellness Centre

1. Introduction and Agreement

1.1 This Liability Waiver and Assumption of Risk Agreement (“Agreement”) is entered into between the Centre and the Participant(s). Where the booking is made on behalf of a group, the Lead Participant confirms they are authorised to accept this Agreement on behalf of all Group Participants.

1.2 By actively ticking acceptance boxes and completing a booking online, the Lead Participant confirms they have read, understood, and agree to be legally bound by this Agreement on behalf of themselves and all Group Participants. All Group Participants shall be bound by this Agreement as if each had personally accepted it.

2. Definitions

In this Agreement:

2.1 “Activities” means use of the sauna, ice bath(s), cold water immersion and recovery areas, together with any related preparation, warm-up, cool-down, showering, changing, and movement in and around the premises, whether supervised or unsupervised.

2.2 “Facilities” means all relevant premises, equipment, lockers, changing rooms, showers, corridors, reception, signage and any other physical or digital systems provided by or on behalf of the Centre for the Activities.

2.3 “Participant” means any individual who enters the Centre’s premises and undertakes Activities, including all individuals forming part of a group booking for whom the Lead Participant has accepted this Agreement on their behalf (“Group Participants”).

2.4 “Lead Participant” means the individual who makes the booking and provides acceptance of this Agreement on behalf of all Participants included in that booking, whether or not their name appears on this Agreement.

2.5 “Rules” means the Centre’s rules, policies, safety notices, signage, instructions, and any directions given by the Centre’s staff at any time.

2.6 “Staff” means employees, workers, contractors, and agents engaged by the Centre.

3. Assumption of Risk

3.1 The Participant understands and accepts that the Activities involve inherent risks, including but not limited to:

(a) exposure to high temperatures (sauna) and very low temperatures (cold water immersion);

(b) thermal stress and associated risks including dizziness, fainting/syncope, disorientation, nausea, hyperthermia, hypothermia;

(c) cardiovascular events, including palpitations, arrhythmias, blood pressure changes, angina, or cardiac arrest;

(d) respiratory distress, cold shock response, and breathlessness;

(e) slips, trips, and falls on wet or uneven surfaces;

(f) dehydration, electrolyte imbalance, cramping;

(g) exacerbation or aggravation of pre-existing medical conditions;

(h) illness or infection risks associated with communal facilities despite reasonable hygiene controls; and

(i) minor injuries (e.g., sprains, strains, burns, ice burns/frost nip) and, in rare cases, serious injury or death.

3.2 The Participant freely and voluntarily assumes these risks to the extent arising from the inherent nature of the Activities and acknowledges that risk cannot be entirely eliminated even where reasonable care and skill are exercised.

3.3 The Participant agrees to exercise reasonable care for their own safety, follow all Rules, and act prudently, including hydration, gradual exposure, and ceasing the Activity if they feel unwell.

4. Medical Fitness, Disclosures and Self‑Certification

4.1 The Participant warrants and self-certifies that they are medically fit to undertake the Activities and have no medical condition that would make participation unsafe. For group bookings, the Lead Participant warrants that all Group Participants meet the medical fitness requirements and that any relevant health information has been obtained from them and disclosed to the Centre.

4.2 The Participant confirms that they have disclosed to the Centre (before participation) any relevant health information of which they are aware, including but not limited to:

(a) cardiovascular disease, chest pain, syncope, arrhythmia, implanted devices (e.g., pacemaker), uncontrolled hypertension;

(b) respiratory conditions;

(c) neurological conditions (e.g., epilepsy), fainting history;

(d) metabolic or endocrine disorders;

(e) skin conditions aggravated by heat/cold;

(f) pregnancy or postpartum recovery;

(g) cold-induced conditions (e.g., Raynaud’s, cold urticaria); and

(h) any other condition advised by a healthcare professional to avoid heat or cold exposure.

4.3 The Participant understands that the Centre does not provide medical advice and that it is the Participant’s responsibility to consult their GP or suitable healthcare professional before participating if uncertain about suitability.

4.4 The Participant agrees not to participate while under the influence of alcohol, drugs or impairing medication, or when feeling unwell (e.g., fever, infection, diarrhoea/vomiting) or if advised not to by a healthcare professional.

4.5 The Centre may refuse participation or require adjustments where, in its reasonable opinion, it would be unsafe to proceed.

5. Rules, Conduct and Hygiene

5.1 The Lead Participant is responsible for ensuring that all Group Participants comply with the Rules and Staff instructions at all times.

5.2 The Participant agrees to:

(a) observe time limits and temperature guidance provided by the Centre;

(b) follow progressive exposure and exit immediately if feeling unwell;

(c) use non-slip footwear, move carefully on wet areas, and keep walkways clear;

(d) shower before using Facilities and comply with hygiene requirements;

(e) wear appropriate swimwear;

(f) remove metal jewellery and avoid oils/lotions that may affect surfaces;

(g) not bring glass into wet areas; and

(h) report hazards, spills, or faults to Staff promptly.

5.3 The Centre may suspend or end access if Rules are breached or behaviour is unsafe.

6. Voluntary Participation and Personal Responsibility

6.1 Each Participant, including all Group Participants, undertakes Activities voluntarily and remains personally responsible for monitoring their condition.

6.2 Each Participant, including all Group Participants, accepts personal responsibility for selecting appropriate session intensity, duration, and frequency, and for monitoring their condition and ceasing the Activity whenever necessary.

7. Personal Property

7.1 Personal belongings are brought into the Facilities at the Participant’s risk. Lockers are provided for convenience and are not secure deposit facilities.

7.2 The Centre shall not be liable for loss or damage to personal property unless caused by the Centre’s negligence or deliberate default.

8. Liability – Important Consumer Information

8.1 Nothing in this Agreement excludes or limits the Centre’s liability for death or personal injury caused by the Centre’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited (including under the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015).

8.2 Subject to clause 8.1, and to the fullest extent permitted by law, the Centre shall not be liable for:

(a) loss or damage arising from the inherent risks of the Activities that remain despite the exercise of reasonable care and skill;

(b) indirect or consequential loss; and

(c) loss of profit, business, or anticipated savings.

8.3 Subject to clause 8.1, the Centre’s aggregate liability for losses arising under or in connection with this Agreement shall be limited to the total price paid for the relevant booking or £50, whichever is greater, provided that such limitation is fair and reasonable in all the circumstances.

8.4 The Participant’s statutory rights are not affected. Any contractual term is intended to be applied only to the extent fair and reasonable under applicable law.

9. Waiver and Release (to the extent permitted by law)

9.1 To the maximum extent permitted by law, the Participant waives and releases the Centre and its Staff from claims and demands arising from the inherent risks of the Activities, provided that this waiver does not apply to death or personal injury caused by the Centre’s negligence, nor to any liability that cannot be excluded or limited by law.

9.2 This clause 9 is intended to allocate inherent risk while preserving non-excludable consumer protections.

10. Indemnity (appropriate allocation of responsibility)

10.1 The Participant shall indemnify and keep indemnified the Centre and its Staff against reasonable losses, costs, and third‑party claims arising from:

(a) the Participant’s breach of this Agreement or the Rules;

(b) the Participant’s negligence or wilful misconduct; and

(c) misrepresentation of medical fitness or failure to disclose relevant health information under clause 4, 

in each case except to the extent any loss is caused by the Centre’s negligence or breach of legal duty. Where a group booking is made, the Lead Participant shall indemnify the Centre for losses caused by any Group Participant’s breach of this Agreement, except where caused by the Centre’s negligence.

10.2 This indemnity is intended to be fair and proportionate and shall not be applied contrary to consumer law.

11. Emergency Medical Consent

11.1 The Participant authorises the Centre to summon emergency medical assistance and, where necessary, to provide or procure first aid while awaiting medical professionals.

11.2 The Participant consents to the sharing of relevant health information with emergency responders to protect the Participant’s vital interests. The Lead Participant confirms they have authority to provide emergency consent for Group Participants where reasonably necessary to protect life or prevent serious harm, unless a Group Participant expressly notifies the Centre otherwise. The Participant remains responsible for all medical costs not covered by the Centre’s insurance. 

12. Data Protection (UK GDPR)

12.1 The Centre will process the Participant’s personal data (including any health information provided under clause 4) in accordance with UK GDPR and the Data Protection Act 2018 for the purposes of booking management, safety screening, service delivery, incident reporting, and compliance with legal obligations.

12.2 The lawful bases may include contract, legitimate interests, and, for health data, explicit consent and/or vital interests in emergencies.

12.3 Further details are set out in the Centre’s Privacy Notice available at: https://thestudioyatton.co.uk/privacy-policy. The Participant has rights of access, rectification, erasure, restriction, objection and portability, and may withdraw consent where consent is relied upon, without affecting lawfulness prior to withdrawal.

13. Age and Capacity

13.1 The Facilities are intended for persons aged 18 or over. Where a group booking is made, the Lead Participant warrants that all Group Participants are 18 or over.

13.2 The Participant confirms they have capacity to enter into this Agreement. The Lead Participant warrants that all Group Participants have capacity to participate, subject to any completed Parent/Guardian Consent Addendum where applicable.

14. Third Party Rights

14.1 The Participant and, where applicable, the Lead Participant agree that the protections and limitations in this Agreement are also for the benefit of the Centre’s Staff.

14.2 Subject to clause 14.1, no person other than the parties has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

15. Severability

15.1 If any provision of this Agreement is held by a competent authority to be invalid, unlawful or unenforceable, such provision shall be replaced by a valid, enforceable provision that most closely reflects the original intent, and the remaining provisions shall continue in full force.

16. Governing Law and Jurisdiction

16.1 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by the laws of England and Wales.

16.2 The courts of England and Wales shall have non‑exclusive jurisdiction, without prejudice to any mandatory consumer rights regarding venue.

17. Entire Agreement and Variation

17.1 This Agreement (together with the Rules and any documents expressly incorporated) constitutes the entire agreement between the parties regarding its subject matter.

17.2 No variation shall be effective unless in writing and signed by the Centre (or confirmed through the Centre’s booking platform) and the Participant.