SORAY HYPERBARICS LLC

ADULT WELLNESS SERVICES INFORMED CONSENT, ASSUMPTION OF RISK, WAIVER, AND RELEASE

SoRay Hyperbarics LLC ("SoRay")
sorayhyperbarics.com (forthcoming)

READ THIS DOCUMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE SORAY FOR ORDINARY NEGLIGENCE.

1. Wellness Services

SoRay offers non-medical wellness sessions using a wellness-grade hyperbaric chamber and a Flowpresso compression system. In this document, those sessions and related orientation, entry, exit, setup, monitoring, and use of SoRay's studio are called the "Services."

The Services are offered for general wellness and relaxation. They are not medical care. SoRay does not diagnose, treat, cure, prevent, or monitor any disease, illness, or medical condition. SoRay does not provide medical advice, prescribe treatment, or replace care from a licensed healthcare provider.

2. Participant Eligibility and Health Screening

☐I state that I am at least 18 years old and legally able to sign this document.

☐Before my first session, I acknowledge that I will complete SoRay's separate health screening form accurately and fully. Before every later session, I will tell SoRay about any new symptom, injury, diagnosis, pregnancy, medication change, implanted device, recent procedure, or other health change that may affect my ability to participate safely.

☐I acknowledge that I will not participate if I feel unwell, cannot equalize pressure in my ears or sinuses, have been told not to use either device, or have a condition listed as a contraindication in SoRay's current screening form or device instructions. I understand that SoRay may postpone or refuse a session based on my answers, symptoms, conduct, or failure to follow instructions.

☐I acknowledge that I am responsible for deciding whether to seek advice from my own licensed healthcare provider before participating. If SoRay asks for written medical clearance, I will provide it before participating. SoRay's decision to allow participation is not a statement that the Services are safe or appropriate for my health.

3. Known and Unknown Risks

☐I understand that the Services involve risks that can cause discomfort, injury, illness, disability, property damage, or death. Risks may arise from my health, the equipment, pressure changes, compression, positioning, entering or leaving a device, staff instructions, another participant, the studio environment, or other known or unknown causes.

☐I understand that possible risks of the wellness-grade hyperbaric chamber include pressure or fullness in the ears or sinuses, difficulty equalizing pressure, ear or sinus injury, temporary vision changes, lightheadedness, anxiety, confinement-related distress, oxygen-related effects, fire, equipment malfunction, falls, and worsening of an existing condition.

☐I understand that possible risks of the Flowpresso system include pressure, discomfort, pain, numbness, tingling, skin irritation, bruising, circulation-related complications, equipment malfunction, falls, and worsening of an existing condition.

☐I understand that no list can describe every risk. Unexpected reactions may occur even when SoRay and I follow instructions. 

☐I accept the risks that are inherent in the Services and the risks described in this document, the health screening form, posted safety notices, staff instructions, and the manufacturer materials made available to me.

4. Participant Responsibilities

I agree to:

  1. give complete and accurate information on all screening and intake forms;

  2. follow staff instructions, posted rules, and device instructions;

  3. ask questions before participating if I do not understand an instruction or risk;

  4. stop the session and alert staff immediately if I experience pain, pressure, dizziness, shortness of breath, anxiety, numbness, unusual discomfort, or any other concerning symptom;

  5. avoid bringing prohibited items into or near the hyperbaric chamber, including any item identified by staff or the manufacturer as a fire or safety hazard;

  6. avoid adjusting, opening, disconnecting, or operating equipment unless a staff member directs me to do so;

  7. report damaged, malfunctioning, or unsafe equipment or conditions to SoRay immediately and stop using the affected equipment until SoRay authorizes continued use;

  8. avoid participating while impaired by alcohol, cannabis, illegal drugs, or any substance that affects judgment or communication;

  9. not permit another person to enter, use, adjust, or operate SoRay's equipment through my appointment, access, or authorization, and not bring a guest into a treatment or equipment area without SoRay's permission;

  10. pay for damage caused by my intentional misconduct or failure to follow instructions.

5. No Promise of Results

SoRay has not promised any specific physical, mental, therapeutic, or other result. Individual experiences vary. Testimonials, website content, and general information about wellness do not guarantee that I will receive the same result.

6. Emergency Response

☐I understand that if I show signs of distress or cannot communicate, I authorize SoRay to stop the session, provide reasonable first-response assistance within staff training, contact emergency services, and share information reasonably needed for emergency care. 

☐I understand that I am responsible for charges from emergency responders or healthcare providers, subject to applicable law.

SoRay staff do not provide emergency medical treatment beyond their training. I will call 911 or seek prompt medical care for an emergency rather than rely on the Services or studio staff.

7. Assumption of Risk

☐I voluntarily choose to participate in the Services. I knowingly accept and assume all risks connected with the Services, whether known or unknown, described or undescribed, foreseeable or unforeseeable, including risks caused in whole or in part by my conduct, my health, another person, the equipment, the premises, or the ordinary negligence of a Released Party, to the fullest extent California law allows.

8. Waiver and Release of Claims, Including Ordinary Negligence

☐In exchange for being allowed to participate, I release and agree not to sue SoRay Hyperbarics LLC and its owners, members, managers, employees, contractors, agents, supervising or monitoring professionals acting for the business, landlords, equipment owners, equipment manufacturers and distributors, insurers, successors, and assigns (together, the "Released Parties") for any claim, demand, cause of action, damage, loss, cost, or expense arising from or related to the Services, my presence at the studio, or my use of SoRay's equipment.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS CAUSED IN WHOLE OR IN PART BY A RELEASED PARTY'S ORDINARY NEGLIGENCE, INCLUDING NEGLIGENT INSTRUCTION, SETUP, MONITORING, SUPERVISION, MAINTENANCE, INSPECTION, OR CONDITION OF THE PREMISES OR EQUIPMENT.

This release does not apply to gross negligence, reckless or intentional misconduct, fraud, willful injury, or a violation of law that cannot legally be released. It also does not release any claim that California law does not permit me to waive.

To the fullest extent California law permits, I will indemnify and hold the Released Parties harmless from third-party claims, liabilities, damages, judgments, and reasonable costs, including reasonable attorneys' fees, to the extent caused by my intentional misconduct, my material violation of this document or SoRay's safety rules, my unauthorized use or alteration of equipment, or my allowing an unauthorized person to access the Services or equipment. This obligation does not require me to indemnify a Released Party for that party's own negligence or other conduct that California law does not permit to be indemnified.

9. Scope of Release

This document applies to each visit and session during the 12 months after I sign it. I must sign a new document sooner if SoRay materially changes the Services, equipment, risks, screening process, or operating procedures, or if I experience a material health change.

The release applies whether a claim is based on bodily injury, illness, emotional distress, disability, death, property damage, economic loss, or another form of harm. It covers events that occur before the release expires even if a claim is made later.

10. Personal Property

I am responsible for securing my personal property. To the fullest extent California law allows, SoRay is not responsible for loss, theft, or damage to personal property unless caused by conduct that cannot legally be released.

11. Photos and Marketing

SoRay may not use my name, image, voice, testimonial, or health information for advertising or social media unless I sign a separate written authorization.

12. Privacy and Records

SoRay may collect and keep information needed to screen me, provide the Services, respond to an incident, process payment, and maintain business records. SoRay will limit access to personnel and service providers who need the information for those purposes or as required by law.

13. Governing Law and Venue

California law governs this document. Any lawsuit concerning this document or the Services must be filed in a state or federal court with jurisdiction in Santa Clara County, California, unless applicable law requires another location.

14. Severability

If a court finds any part of this document invalid or unenforceable, that part will be limited or removed to the minimum extent needed. The remaining parts will continue to apply.

15. Entire Agreement About Risk and Release

This document and the materials it incorporates by reference contain the entire agreement about assumption of risk, waiver, and release for the Services. A staff member's oral statement does not change this document. Any change must be in a writing signed by SoRay and the participant.

16. Participant Acknowledgments

By signing below, I state that:

  1. I have read this entire document and understand it.

  2. I had the opportunity to ask questions before signing.

  3. I understand that the Services are voluntary and non-medical.

  4. I understand that I am giving up legal rights, including the right to sue a Released Party for ordinary negligence, to the fullest extent California law allows.

  5. I am signing voluntarily and without pressure.

  6. The information I provided is accurate and complete.

  7. I received access to a copy of this signed document.

  8. I agree that my electronic signature, including a signature made through a keypad, tablet, online form, or other electronic system used by SoRay, is intended to authenticate this document and has the same effect as my handwritten signature. An electronic or reproduced copy of this signed document may be treated as an original.