Terms of Service | Waiver
Terms of Service
Terms of Service (“Agreement”) Reset LLC – Contrast Therapy Services Effective Date: November 10th, 2023
Part 1: Introduction and Acceptance of the Terms
Welcome to Reset: Reset LLC, hereby referred to as “Company”, “we”, “our”, or “us”, is proud to offer a premier contrast therapy experience, designed to provide an optimal balance of wellness and rejuvenation through our state-of-the-art cold plunge and hot sauna facilities (“Services”). Our Services are selectively located within esteemed gym facilities to ensure convenience and excellence in delivering our contrast therapy solutions.
Acceptance of Terms: This document, the Terms of Service (“Agreement”), constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Reset LLC, concerning your access to and use of the space, https://resetspace.co, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing the Site, engaging with our Services, or entering into this Agreement, you have acknowledged that you have read, understood, and agree to be bound by all these Terms of Service, inclusive of any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Should you disagree with any part of these terms, then you must discontinue access or use of the Services. The Company reserves the exclusive right to make changes, modifications, amendments, additions, or deletions to these Terms at any given time. The responsibility falls upon you to periodically review these Terms for updates or changes. Your continued engagement with the Site and the Services following the posting of any such changes will constitute your formal acceptance of the new Terms of Service.
Eligibility and Account Responsibilities: Our Services are exclusively offered and provided for users who affirmatively represent and warrant that they are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater. By registering for an account, using our Services, or accessing our Site, you represent and warrant that you meet the aforementioned age requirement and that you agree to and to abide by all of the terms and conditions of this Agreement.
The information you provide in connection with your use of the Services must be accurate and comprehensive. It is your responsibility to maintain the confidentiality of your account credentials, including your password and other sensitive information relating to your access to the Services. You must act with diligence to prevent unauthorized access to or use of the Services and must notify us immediately of any unauthorized use of your account or any other breach of security.
Part 2: Use of Services, Cancellation, and Restrictions
4. Use of Services
As the registered account holder, you assume full responsibility and liability for all activities that transpire under your account, whether conducted by you or any third parties who may have access to your account. It is your sole responsibility to ensure the security and confidentiality of your account details, and you hereby agree to notify Reset promptly should there be any unauthorized use of your account or any other breach of security of which you become aware.
By engaging with our Services, you hereby agree to utilize such Services exclusively for purposes that are lawful, proper, and in strict accordance with both these Terms and any applicable laws and regulations of the jurisdiction in which you reside or from which you access the Services. Furthermore, you agree not to partake in any actions or conduct that could potentially infringe upon the rights, privacy, or enjoyment of the Services by other users or any third parties. This includes refraining from any behavior that could be considered harassing, disruptive, or damaging to the user experience of others.
Moreover, you are expressly prohibited from using the Services in a manner that could damage, disable, overburden, or impair any aspect of the Services, or the network(s) connected to any Company server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any Company server or to any of the Services, through hacking, password mining, or any other means.
You further agree that you will not use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Services or any content posted on the Site. Neither will you reformat or frame any portion of the web pages that are part of the Services without the Company’s express written consent. Additionally, you pledge not to create user accounts by automated means or under false or fraudulent pretenses, nor will you create or transmit unwanted electronic communications such as “spam” to other users of the Services or otherwise interfere with other users’ enjoyment of the Services.
The obligations you undertake herein are for the benefit of Reset, its affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Failure to adhere to these responsibilities may result in the suspension or termination of your access to the Services, at the sole discretion of Reset, and may expose you to civil and/or criminal liability.
5. Subscription Services and Fees
The specifics pertaining to subscription choices and corresponding fees for our Services are comprehensively detailed and made readily accessible for review on our official website as well as at the respective gym facilities where our Services are offered. We provide a variety of subscription options to cater to your individual wellness needs, and you acknowledge that by subscribing to our Services, you are agreeing to the payment terms as set forth at the time of your subscription or renewal.
You understand and accept that the fees and charges associated with the use of our Services, as outlined on our website and available at our facilities, may not be fixed and are subject to adjustment or modification at Reset’s sole discretion. Such changes to the subscription fees will be communicated to you in a reasonable manner and will take effect only after a notice period as mandated by applicable law or regulation.
Upon electing to subscribe to our Services, you are entering into a binding contract whereby you agree to remit payment for the subscription fees, along with any other incidental charges that may accrue in relation to your account. These charges may include, but are not limited to, taxes, duties, processing fees, and late payment fees, should they arise. It is your responsibility to ensure that all such fees and charges are paid promptly and in accordance with the payment terms provided at the time of subscription or as subsequently updated.
Reset LLC may offer different types of subscription plans, including but not limited to monthly and yearly subscription options, each with their own distinct pricing. It is your responsibility to review the terms associated with each subscription plan and to select the plan that best aligns with your preferences and usage of our Services. If Reset offers a trial period, you will be notified of the terms and conditions governing such a trial, and any fees applicable thereafter.
You further agree to provide current, complete, and accurate purchase and account information for all purchases made at our facilities or via our website. You shall promptly update your account and other information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed in connection with your transactions.
In the event of any failure on your part to comply with the payment terms as stated, including failure to make payment of fees on time, Reset LLC reserves the right to suspend or terminate your access to the Services without notice and to pursue any additional legal remedies that may be available.
6. Cancellation Policy
In the event that you wish to terminate your subscription to our Services, you have the right to cancel at any time and you will no longer be charged for the Company’s services. Please be aware that if you have any outstanding balance on your account at the time of cancellation, this balance must be settled in full before your account can be deactivated. Reset reserves the right to pursue collection, including but not limited to the engagement of collection agencies, of any unpaid balance on your account.
Should you decide to reactivate your subscription after cancellation, you may be subject to the then-current fees and must agree to any Service terms in effect at the time of reactivation. Furthermore, Reset does not guarantee the availability of your previous subscription terms, including any special or promotional rates you may have previously enjoyed, in the event of such reactivation.
This cancellation policy is designed to afford you the flexibility to manage your subscription while also allowing Reset to maintain a structured and predictable business operation. By subscribing to our Services, you expressly agree to the terms set forth in this Cancellation Policy.
7. Restrictions and Prohibited Activities
In accordance with the terms of this Agreement, you are strictly prohibited from utilizing the Services for any purposes that are not expressly permitted by these terms and any applicable laws or regulations. The onus is on you to ensure that your use of the Services upholds the highest standards of legality, morality, and respect for others. Specifically, you are prohibited from engaging in any of the following activities:
- Unlawful Conduct: You may not use our Services for any purposes that contravene the laws of any jurisdiction in which you are resident, located, or from which you access our Services. This includes any actions that are criminal in nature, that facilitate the violation of any law, or that encourage others to violate any laws.
- Defamation and Disparagement: You are prohibited from making any statements or transmitting any content through our Services that defame, disparage, or in any way criticize any individual, group, or entity in a manner that a reasonable person would find unwarranted, unnecessary, or without a justifiable cause.
- Obscenity and Offensive Behavior: You agree not to disseminate, through our Services, any material that is obscene, lewd, lascivious, filthy, sexually explicit, pornographic, or offensive in nature. This prohibition extends to any content or communication that is designed to or is likely to upset, embarrass, alarm, or annoy any other person.
- Discrimination and Hate Speech: You must refrain from using our Services to promote, incite, or support discrimination, hostility, or violence against individuals or groups based on race, sex, creed, religion, nationality, disability, sexual orientation, gender identity, age, or any other characteristic that is recognized as a protected category under applicable laws.
- Breach of Duty: You shall not use our Services in any manner that constitutes a breach of any legal duty owed to a third party, such as contractual obligations, fiduciary duties, duties of confidence, or any other obligations that you may be bound by as a result of a legal relationship.
- Harmful Activities: You are expressly forbidden from engaging in any activity that may interrupt, destroy, limit, or more generally harm the Services or enable you to gain unauthorized access to the Services, including the networks and servers used to provide the Services.
- Intellectual Property Violations: You may not infringe upon or misappropriate the intellectual property rights of the Company or any third party, including copyrights, trademarks, patents, trade secrets, or other proprietary rights.
This list of restrictions and prohibited activities is not exhaustive and may be updated from time to time at the discretion of Reset. By agreeing to these Terms, you understand that engaging in any prohibited activities may lead to the termination of your account, legal action against you, and the forfeiture of any fees paid for the Services. Reset reserves the right to take any necessary legal or technical actions to prevent the violation of this provision and to enforce these Terms of Service.
Part 3: Liability, Disputes, and Additional Terms
8. Disclaimer of Warranties and Liability: The Services are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Your use of the Services is solely at your own risk.
9. Indemnification: You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, violation of the Terms, or infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity.
10. Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the state where the Company operates, without regard to its conflict.
Waiver
Liability Release, Waiver, Discharge, and Covenant Not to Sue
This document is a legally binding Liability Release, Waiver, Discharge, and Covenant Not to Sue (collectively, “Release”), executed voluntarily by me, the undersigned Releasor, on my behalf, and on behalf of my heirs, executors, administrators, legal representatives, and assigns (hereinafter collectively referred to as “Releasor”, “I”, “me”, or “my”, which terms shall also include Releasor’s parent(s) or guardian(s) if Releasor is under 18 years of age), to Reset – Contrast Therapy Services (“Company”).
Acknowledgment of Risks: I, the undersigned Releasor, fully acknowledge and understand that participating in the physical activities and services provided by Reset LLC involves inherent dangers and risks, including but not limited to the risks associated with bodily injury, illness, death, or property damage. I recognize that these risks may arise from my own actions or inactions, as well as those of others, or the conditions in which the activities take place. I further acknowledge that there may be other risks not known to me or not readily foreseeable at this time.
Assumption of Risk: I knowingly, voluntarily, and expressly accept and assume all risks arising from my participation in the activities and services provided by Reset LLC, regardless of whether such risks were known or unknown to me at this time. This assumption of risk includes, but is not limited to, any loss, injury, damage, or liability that may arise out of the services.
Release of Liability: I hereby release, waive, and discharge Reset LLC, its affiliates, divisions, departments, and other units, committees, groups, and contractors, and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, agents, administrators, assigns, and contractors (collectively “Releasees”) from any and all claims, demands, liabilities, rights, and causes of action of whatever kind or nature, that arise from or relate to any injury, loss, damage, or harm that occurs to me or my property in connection with my participation in the activities and services provided by Reset LLC, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
Inherent Risks and Release of Liability:
I, the undersigned participant (“Participant”), understand and fully recognize that there are inherent risks involved in the physical activities and services provided by Reset LLC – Contrast Therapy Services (“Reset” or “Company”). These risks include, but are not limited to, muscle tears, strains, sprains, tendonitis, fractures, bone breaks, dislocations, cardiovascular complications, heat exhaustion, heat stroke, hypothermia, frostbite, dehydration, syncope (fainting), concussions, lacerations, bruising, respiratory complications, nerve damage, joint injuries, adverse skin reactions, exacerbation of pre-existing medical conditions, and other risks associated with intense physical exercise and thermal therapy sessions.
I understand that these risks may result in serious injury or death to me and damage to property. I further acknowledge that these risks may result from the actions, negligence, and failure to act of myself and others (including but not limited to other participants, the staff, and management of Reset LLC). Additionally, there may be other risks not known to me or not reasonably foreseeable at this time. I fully accept and assume all responsibility for the risks identified herein, as well as those risks not specifically named.
By signing this agreement, I understand and agree that Reset LLC and its directors, officers, volunteers, representatives, and agents, along with the equipment manufacturers and distributors (collectively “Releasees”), will not be held liable for any injury, damage, or loss I may suffer, including but not limited to any interaction or exposure to infectious syndromes such as COVID-19, due to my voluntary decision to access the facilities and services provided by Reset.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Releasees on account of injury, death, or property damage arising out of or attributable to my participation in Reset’s services, whether arising out of the ordinary negligence of the Releasees or otherwise. I covenant not to make or bring any such claim against Reset or any other Releasee, and forever release and discharge Reset LLC and all other Releasees from liability under such claims.
Indemnification: I further agree to indemnify, defend, and hold harmless the Releasees against any and all losses, liabilities, claims, actions, suits, procedures, costs, expenses (including attorney’s fees), damages, and obligations of any nature whatsoever arising out of or in connection with my participation in Reset’s services. This indemnification includes, but is not limited to, any and all forms of legal recourse which may be available to me, my heirs, or my personal representatives. My indemnification obligation covers all forms of claims including but not limited to allegations of the Releasees’ own negligence, to the fullest extent permitted by law, and shall continue in full force and effect even after my participation in Reset’s services has ended.
This Release and Indemnification obligation is intended to be as broad and inclusive as is permitted by the laws of the jurisdiction in which Reset LLC’s services are provided, and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I have read this document thoroughly and understand that I am relinquishing legal rights by signing it. My signature below affirms that I am signing this agreement freely and voluntarily and recognize and agree that I am being legally bound by it.
Medical Disclaimer: I affirm that I am physically capable of participating in the activities and services provided by Reset LLC and that I have not been advised otherwise by a qualified medical professional. I agree to bear the costs of any medical treatment I may require while participating in the activities and services provided by the Company.
Insurance: I affirm that I possess adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities and services provided by the Company, or else I agree to bear the costs of such injury or damage myself.
Risk of COVID-19: I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in the Company’s services and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Company’s facilities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Company employees, other participants, and their families.
Inherent Risks: I acknowledge that engaging in physical activities and services offered by Reset – Contrast Therapy Services inherently involves risks. Such risks include muscle tears, strains, sprains, tendonitis, fractures, bone breaks, dislocations, cardiovascular complications, heat exhaustion, heat stroke, hypothermia, frostbite, dehydration, syncope (fainting), concussions, lacerations, bruising, respiratory complications, nerve damage, joint injuries, adverse skin reactions, exacerbation of pre-existing medical conditions, and other risks associated with physical exercise and thermal therapies. I understand that these risks cannot be completely eliminated and that they sometimes occur without fault. I am voluntarily participating in these activities with knowledge of the risks involved, and I hereby agree to accept and assume any and all risks of injury or death.
Affirmation of Health: I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the activities offered by Reset – Contrast Therapy Services. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any physical fitness program, including the Company’s services. I have either had a physical examination and been given my physician’s permission to participate, or I have decided to participate in the activities without the approval of my physician and do hereby assume all responsibility for my participation in said activities.
Governing Law: I agree that this Release shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
Acknowledgment: I have read this Release in its entirety. I fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Release freely and voluntarily and intend by my signature for this to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Rules and Expectations of Reset LLC Saunas and Cold Plunges
Please consult your healthcare provider if you have any concerns prior to using a Reset LLC sauna and/or cold plunge. It is your responsibility to determine if sauna and/or cold plunge use is suitable for you.
The consumption of alcohol or drugs before or during the sauna and/or cold plunge session may result in dizziness or loss of consciousness and is strictly prohibited.
If you are currently taking any medications, please seek advice from your healthcare provider.
To use a Reset LLC sauna and/or cold plunge, you must be 18 years of age or older, unless accompanied by an adult.
If at any point during the sauna session you experience lightheadedness, dizziness, overheating, or discomfort, it is important to immediately discontinue the use of the sauna and/or cold plunge.
Pregnant individuals, individuals with pacemakers, or those unable to sweat should refrain from using the sauna and/or cold plunge.
It is crucial to stay hydrated before, during, and after your Reset LLC sauna experience. Please make sure to drink plenty of water.
To maintain the integrity of our saunas, we recommend rinsing off both before and after your sauna session. The use of chemicals and lotions may obstruct pores, affect perspiration, and potentially stain the sauna’s wood.
Reset LLC reserves the right to refuse service to anyone. Inappropriate or disruptive behavior will not be tolerated, and you may be asked to leave. A cleaning fee of $1000 will automatically be charged for any instances of inappropriate behavior or damages.
Reset LLC is not liable for any lost or stolen items or any damage to personal property, including electronic devices.
By signing below, I acknowledge and accept the inherent risks associated with using a sauna and/or cold plunge provided by Reset LLC. I assume all responsibility for any injuries, accidents, or fatalities that may occur as a result of using an sauna and/or cold plunge. Furthermore, I release Reset LLC, its heirs, executors, representatives, and assigns from any claims or liabilities for personal injury or property damage of any nature that may arise during my presence on the premises, the use of the sauna and/or cold plunge, or any advice provided by Reset LLC employees, independent contractors, or representatives.
I have thoroughly reviewed the aforementioned safety instructions for using a sauna and/or cold plunge provided by Reset LLC. I fully understand them and agree to comply with all instructions. This agreement applies to all Reset LLC sauna and cold plunge locations/sessions and remains in effect indefinitely.
