OSHMAN FAMILY JCC LIABILITY RELEASE AND WAIVER OF CLAIMS

Please complete and sign this Liability Release and Waiver of Claims (this “Release”). By signing this document, you waive certain legal rights, including the right to sue. Please read it carefully. Each person must sign a separate Release. 

This Release is given by the undersigned person (“the User”) participating in the R&R Room, JOOVV Light Therapy, or any of the associated therapies and devices (“R&R Room Activities”), in favor of the Oshman Family JCC (“OFJCC”), and their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”). In consideration of User’s use of the aforementioned facilities, therapies and devices, and as a condition thereof, the User acknowledges and agrees as follows:

Section 1. Voluntary Participation. User will be voluntarily engaging in R&R Room Activities at the OFJCC. These activities may include, but are not limited to, the use of Hydro Massage, Normatec Compression Sleeves, JOOVV Light Therapy, HyperIce Percussion Therapy, and the Core HyperIce device. 

Section 2. COVID-19 Warning and Disclaimer. Coronavirus (COVID-19) is an extremely contagious disease that spreads easily through person-to-person contact, and may be spread by persons who are not exhibiting any symptoms. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in R&R Room Activities increases the risk of contracting COVID-19. User acknowledges and agrees that such risks are part of the risks and hazards User assumes and releases as set forth in Sections 3 and 4 below. The OFJCC in no way warrants that COVID-19 infection will not occur through participation in R&R Room Activities.

Section 3. Precautions and Contraindications. Several of the specific therapies and devices used in R&R Room Activities carry specific precautions and contraindications. These are listed in detail in “Attachment A: Precautions and Contraindications” document. User agrees that User will be responsible for reading the Precautions and Contraindications, and agrees that User will refrain from any contraindicated use, will consult a physician prior to use if so indicated, and will follow all precautions as to use of the equipment.

Section 4. Assumption of Risk. User is aware that many risks are inherent in the R&R Room Activities, and that some of these risks cannot be eliminated, altered or controlled regardless of the care used, the skill or experience possessed or the precautions taken by any of the Released Parties or others. These risks include, but are not limited to, equipment malfunction, improper use of equipment or facilities, use of equipment or facilities beyond one’s capabilities, choking, allergic reactions, inclement weather, wet surfaces, intentional or unintentional contact with others and/or objects, contraction of infectious diseases, and negligence of OFJCC staff or others. User further understands that R&R Room Activities may involve heat, pressure, and/or intense light, and may subject User to transient dizziness, fainting, nausea, muscle cramping, blisters or burns, physical injury, seizures, stress, and other possible hazards. User understands that these risks can cause injury, illness and/or death to User and/or damage to User’s belongings. Severe social and economic losses may result from these risks. User accepts and assumes any and all risks, damages, and hazards associated, directly or indirectly, with User’s participation in R&R Room Activities, whether known or unknown, whether caused by the action, inaction, or active or passive negligence of User, any of the Released Parties, or otherwise. User certifies that User is physically and mentally capable of following all instructions for operating the devices used in R&R Room Activities and acknowledges that User is voluntarily participating in R&R Room Activities and using OFJCC equipment with knowledge of the dangers involved. User assumes full responsibility for User’s participation in R&R Room Activities. 

User further understands that the OFJCC staff will not be monitoring User’s individual participation in R&R Room Activities. If User experiences dizziness, fainting, nausea, muscle cramping, burns or blisters, or any other symptoms while participating in the R&R Room Activities, User agrees that they will discontinue the activity, notify OFJCC staff, and consult their physician. 

Section 5. Release of Liability. User agrees not to make a claim against or sue the Released Parties, and User releases, forever discharges and will hold harmless the Released Parties, and each of them, from and against any and all claims, actions, demands, rights, causes of action, losses, liabilities, costs and expenses, including attorneys’ fees, which result from, arise out of or in connection with, or are related to, User’s participation in R&R Room Activities, whether caused by the action, inaction or active or passive negligence of User, any of the Released Parties or otherwise; provided, however, that this Release does not apply to liability for gross negligence, willful injury or fraud. 

Section 6. Indemnification. User hereby agrees to indemnify, defend and hold harmless the Released Parties, and each of them, from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs and expenses, including attorneys’ fees, arising out of or in connection with any third party claim that arises out of or relates to User’s participation in R&R Room Activities. User understands and agrees that User is responsible for any and all damages, losses, and expenses incurred by the OFJCC arising out of or related to any User’s conduct. 

Section 7. Health Insurance/Physician Consultation. User understands that it is User’s responsibility to carry accident or medical coverage covering User in connection with the R&R Room Activities. User acknowledges that prior to engaging in R&R Room Activities, User has been advised that User should consult with and receive the approval of a physician. User understands that User is fully responsible for User’s compliance with any restrictions prescribed for them by their personal physician. User will review any physician-prescribed personal wellness program with User’s physician prior to commencing exercise and will periodically review User’s status and program with User’s physician. 

Section 8. Consent for Emergency Medical Treatment. In the event of an emergency or non-emergency situation requiring medical or dental treatment, User hereby grants permission for any and all medical and dental care to be administered to User until such time as the designated emergency contact can be contacted. This permission includes, but is not limited to, the administration of first aid, the use of an ambulance, and the administration of anesthesia and/or surgery under the recommendation and supervision of qualified medical personnel. User further authorizes OFJCC to release User’s personal information necessary for medical or insurance purposes. User releases, forever discharges and will hold harmless the Released Parties, and each of them, from and against any and all liability for medical or dental aid rendered, and User understands that User is responsible for all medical or dental expenses incurred for such aid. 

Section 9. Photo/Video/Testimonial Release. User grants the OFJCC the unrestricted right to take, use, distribute and publish photographs, video or audio recordings, or quotations from interviews of User, or in which User may be included, for editorial, fundraising and/or promotional and advertising purposes and in any manner and medium, including but not limited to use in social media and distribution to media or funding organizations; and to alter and composite the same without restriction and without User’s inspection or approval. User agrees that there is no financial compensation for the use or publication of User’s interviews, photographs or video or audio recordings, and User hereby releases the OFJCC and persons functioning under its authority from all claims and liability relating to the same. 

Section 10. Miscellaneous. User has read this Release carefully and fully understands all its terms and provisions. User knowingly and voluntarily executed and delivered this Release understanding the risks to User and has done so of his or her own free will, without relying on any statement or representation of any of the Released Parties. This agreement cannot be modified or changed in any way by oral statements by any of the Released Parties or by the User. In the event of any litigation against the Released Parties, this Release may be raised as a defense and bar to, and as a waiver and release of, legal rights that might otherwise be asserted by the User or any of the User’s heirs, assigns, personal representatives or survivors. Should any of the provisions of this Release be determined to be invalid, illegal or unenforceable by a court or government agency of competent jurisdiction, such provision shall be deemed fully severable, and the balance of the Agreement shall be given full force and effect in accordance with its terms. 

***** 

ATTACHMENT A

R&R ROOM at the OFJCC: PRECAUTIONS AND CONTRAINDICATIONS

The R&R Room at the Oshman Family JCC offers several options for self-care to help you feel better, move better and sleep better. NOT EVERY THERAPY OR DEVICE IS SUITABLE FOR EVERY USER. The following document contains information about contraindications. PLEASE READ IT CAREFULLY. 

JOOVV LIGHT THERAPY

JOOVV Generation 3.0 light therapy is a general wellness device that involves the application of red and near infrared (NIR) light. Persons to whom one or more of the following applies should not use JOOVV light therapy:

• Children under the age of 18
• People who are pregnant or lactating
• People with epilepsy
• People who are photosensitive
• People who are taking topical, oral or injectable steroids
• People who are still in the healing period from Lasik eye surgery
• People with black pigmented tattoos, unless well covered, as blistering can occur by inadvertent heating of iron oxides and/or metal salts in the pigment

In addition, persons to whom one or more of the following applies should consult their physician and receive approval prior to use:

• People with breast implants
• People with a history of facial fillers or Botox treatment
• People with cancer or a history of cancer
• People taking photosensitizing drugs like Tetracycline, Digoxin, Retin A, or similar medications
• People who have concerns about hyper-pigmentation
• People with heart conditions
• People with a history or diagnosis of symptoms linked to an epileptic condition
• People with active or dormant herpes virus, as activation of dormant virus is possible with use

Precautions for JOOVV Light Therapy:

• Always wear the provided eyewear when using the device with near infrared (NIR) mode active, including Recovery+ mode. 
• Do not exceed the posted treatment guidelines for time.
• Do not place device directly on the skin.
• Do not use if you are wet.
• Do not use device in conjunction with flammable agents.
• Carefully cover any black pigmented tattoos
• Discontinue use immediately if you experience irritation or discomfort.

HYDRO MASSAGE

Hydro Massage involves the application of heat and massage. Persons to whom one or more of the following applies should not use Hydro Massage:

• Children under the age of 18 unless accompanied by a designated member of the OFJCC staff
• Any persons (including children) with reduced physical, sensory, or mental capabilities, or lack of experience and knowledge, unless they have been given supervision or instruction concerning the use of the appliance by a person responsible for their safety.

In addition, persons suffering from one or more of the following conditions should consult their physician and receive approval prior to use:

• Heart or circulatory problems
• Inflammatory conditions such as phlebitis
• Varicose veins or thrombosis
• Swollen joints
• Acute inflammations
• Severe bruising
• Skin infections
• Contagious diseases
• A high temperature or pain radiating to the arms or legs when the back is massaged
• Any other condition upon which heat or massage might have an adverse effect

Precautions for Hydro Massage:

• After using Hydro Massage, it is recommended that the user remain lying down for 45 seconds or until comfortable sitting and standing. Increased circulation may cause temporary dizziness. 
• It is advisable to drink water after a session.
• If water leaks from the appliance, discontinue use immediately.
• Any person with a specific medical condition upon which heat or massage might have an adverse effect should consult a physician prior to use.

NORMATEC COMPRESSION SLEEVES

Normatec recovery systems are FDA cleared devices that apply pressure to the legs, feet, hips, arms, and/or hands. Persons with one or more of the following conditions should not use Normatec compression sleeves:

• Acute pulmonary edema
• Acute thrombophlebitis
• Acute congestive cardiac failure
• Acute infections
• Deep vein thrombosis (DVT)
• Episodes of pulmonary embolism
• Wounds, lesions, infection, or tumors at or near the site of application
• Conditions where increased venous and lymphatic return is undesirable
• Bone fractures or dislocations at or near the site of application