Desert Plunge, LLC

TERMS OF SERVICE AND RELEASE OF LIABILITY AND DAMAGES, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY AND UNDERSTAND THE DOCUMENT AND ALL OF ITS TERMS BEFORE SIGNING OR OTHERWISE AFFIRMING YOUR AGREEMENT TO THIS TERMS OF SERVICE AND RELEASE OF LIABILITY AND DAMAGES, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT.

THIS IS A BINDING LEGAL AGREEMENT AND BY SIGNING IT OR OTHERWISE ASSENTING TO THE AGREEMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS.

The following Terms and Conditions and Release of Liability and Damages, Waiver of Claims, Assumption of Risks, and Indemnity Agreement apply to the sale of Products or Services (define below) described in the Invoice you have received from Desert Plunge, LLC, are expressly incorporated by reference into such Invoice as if fully set forth therein, and constitute an agreement (“Agreement”) between you (“you,” “your,” “customer”) and Desert Plunge, LLC (“Desert Plunge,” “our,” “we,” or “us). The terms “Desert Plunge,” “our,” “we,” and “us” include all parents, subsidiaries, directors, affiliates, officers, members, managers, board members, owners, employees, contractors, distributers, suppliers, manufacturers, service providers, licensors, investors, consultants, warranty providers, agents, volunteers, servants, insurers, attorneys, successors, assigns, representatives, spouses, executors, personal representatives, and heirs. The terms “you,” “your,” or “customer” include all of your spouses or partners, children or other minors for whom you are legally responsible and/or for whom you are authorized to provide consent, heirs, estate, personal representatives, beneficiaries, agents, and assigns, and, if you are an entity, all parents, subsidiaries, directors, affiliates, officers, members, managers, board members, owners, employees, representatives, agents, and assigns.

This Agreement is entered into by you in consideration of you being permitted to purchase and obtain use, delivery, or pickup of Products and/or Services from Desert Plunge. The terms “Product” or “Products” includes, but is not limited to, all Products currently offered for sale by Desert Plunge, including without limitation, the ¾HP, & ¼HP Chiller, Grizzly Cold Plunge, Grizzly Cold Plunge with Ozone, chillers, ozone generators, as well as any other Products that are currently sold by Desert Plunge or may in the future be sold by Desert Plunge. The terms “Service” or “Services” includes, but is not limited to, all Services currently offered to Customers by Desert Plunge, including without limitation, troubleshooting, diagnostic services, repairs, assistance with shipping new or replacement parts, maintenance or maintenance plans, home visits, instructions for use, recommendations or best practices for use, and any other Services currently offered to Customers by Desert Plunge or that may be offered in the future.

By purchasing any Product or Service offered for sale by Desert Plunge, paying any Invoice for the purchase of any Product or Service offered for sale by Desert Plunge, or using any Product or Service offered for sale by Desert Plunge, you expressly agree to be bound by this Agreement in addition to all other written agreements entered into with Desert Plunge, the terms of all Invoices, and all policies, terms of use, procedures, rules, guidelines, instructions, recommendations, warnings, and requirements provided or implemented by Desert Plunge from time to time (collectively, “Policies”).

BY SIGNING BELOW, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOU WERE PROVIDED WITH A COPY OF AND/OR ELECTRONIC ACCESS TO THE AGREEMENT AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS AGREEMENT AND ALL OF ITS TERMS.  

YOU MAY REQUEST A DUPLICATE PAPER COPY OF THIS AGREEMENT BY SENDING AN EMAIL TO: Info@desertplunge.com OR CALLING 480-271-9966.

OTHER POLICIES MAY BE PUBLISHED ELSEWHERE, INCLUDING IN THIS AGREEMENT, ON OUR WEBSITE (https://desertplunge.com), OR OTHERWISE PROVIDED TO YOU.

YOU FURTHER ACKNOWLEDGE AND EXPRESSLY AGREE THAT THIS AGREEMENT IS INCORPORATED BY REFERENCE INTO ALL INVOICE(S) PROVIDED TO YOU AS IF FULLY FORTH THEREIN.

AGE OF MAJORITY: By your signature (handwritten or electronic) and/or click or other manner of assenting to this Agreement, by purchasing any Product or Service, and/or paying an Invoice, you represent and warrant that you are at least 18 years old (unless the state in which you reside has a different date of majority age).

PAYMENT DUE UPON RECEIPT OF INVOICE; DELIVERY TIMING: Customer agrees to accept and pay the balance due upon receipt of any Invoice (whether for Products or Services). Customer understands and agrees that the Product will not be delivered or permitted for pickup until such time as Desert Plunge is paid in full for the Product and has confirmed receipt of the funds.

Customer must take delivery of the Product within 15 days of being notified of Product completion and receipt of full payment by Desert Plunge. If you fail to take delivery within 15 days after being notified of Product completion and full payment received by us, you will be charged a $20/day storage fee until the Product is delivered or picked up by you.

RETURNS:

Customer understands and agrees that, EXCEPT IF A PRODUCT IS DEFECTIVE AS DEFINED BELOW, YOU NOTIFY US WITHIN THE TIMEFRAME STATED BELOW, AND YOU ALSO COMPLY WITH ALL REQUIREMENTS SET BY US CONCERNING THE DEFECTIVE PRODUCT AND ITS RETURN, all sales of Products AND SERVICES by us are final WITH NO REFUNDS.

DEFECTIVE PRODUCTS AND RETURNS:

“DEFECTIVE PRODUCT(S)” IS DEFINED FOR PURPOSES OF THIS AGREEMENT AS A PRODUCT THAT IS PURCHASED AND RECEIVED IN A DEFECTIVE CONDITION (INCLUDING DESIGN AND MANUFACTURING DEFECTS AND DEFECTS IN MATERIAL OR WORKMANSHIP) OR IS NOT IN ACCORDANCE WITH OUR OR THE MANUFACTURER’S OR SUPPLIER’S PUBLISHED SPECIFICATIONS OR DOCUMENTATION RELATING TO THE PRODUCT OR OTHER PROVISIONS OF THIS AGREEMENT. THE TERM “DEFECTIVE PRODUCT(S)” SHALL SPECIFICALLY EXCLUDE, WITHOUT LIMITATION, ANY PRODUCTS (A) WHICH HAVE BEEN SUBJECTED TO MISUSE, NEGLIGENCE, ACCIDENT, OR IMPROPER MAINTENANCE, INSTALLATION, SETUP, PLACEMENT, OR APPLICATION, OR (B) WHICH HAVE BEEN ALTERED WITHOUT DESERT PLUNGE’S PRIOR WRITTEN CONSENT.

NOTWITHSTANDING OTHER PROVISIONS OF THIS AGREEMENT, CUSTOMER MAY RETURN ANY AND ALL PRODUCTS FOUND TO BE DEFECTIVE PRODUCTS PROVIDED THAT ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED: (1) CUSTOMER PROVIDES WRITTEN NOTICE TO DESERT PLUNGE OF THE DEFECTIVE PRODUCT WITHIN TEN (10) DAYS AFTER DELIVERY, INCLUDING A DETAILED DESCRIPTION OF WHY YOU CLAIM THE PRODUCT IS A DEFECTIVE PRODUCT; (2) CUSTOMER ALLOWS DESERT PLUNGE TO INSPECT THE CLAIMED DEFECTIVE PRODUCT IF WE WANT TO DO SO; (3) CUSTOMER OBTAINS DESERT PLUNGE’S WRITTEN AUTHORIZATION TO RETURN THE DEFECTIVE PRODUCT; AND (4) CUSTOMER RETURNS THE DEFECTIVE PRODUCT TO DESERT PLUNGE WITHIN THIRTY (30) DAYS OF RECEIVING DESERT PLUNGE’S WRITTEN AUTHORIZATION OF THE RETURN, UNLESS DESERT PLUNGE ALLOWS, IN WRITING AND IN ITS SOLE AND ABSOLUTE DISCRETION, A LONGER TIME PERIOD FOR RETURN OF THE PRODUCT. 

UPON YOUR RECEIPT OF OUR WRITTEN AUTHORIZATION TO PERMIT THE RETURN OF A DEFECTIVE PRODUCT, ALL SHIPPING OR FREIGHT CHARGES FOR RETURNED DEFECTIVE PRODUCTS WILL BE PAID BY DESERT PLUNGE.

YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY RELATED TO THE PURCHASE OR USE OF ANY DEFECTIVE PRODUCT IS TO EITHER HAVE THE PRODUCT REPAIRED, RECEIVE A REPLACEMENT PRODUCT, OR RECEIVE A FULL REFUND OF THE PRODUCT’S PURCHASE PRICE. YOU FURTHER EXPRESSLY AGREE THAT YOU ARE NOT ENTITLED TO ANY OTHER DAMAGES, AMOUNTS, OR REMEDIES RELATED IN ANY WAY TO THE PURCHASE OR USE OF A DEFECTIVE PRODUCT.

IF YOU DO NOT FOLLOW ALL OF THE CONDITIONS STATED ABOVE AND DO NOT RECEIVE DESERT PLUNGE’S WRITTEN AUTHORIZATION TO RETURN THE DEFECTIVE PRODUCT PRIOR TO RETURNING THE DEFECTIVE PRODUCT, YOU UNDERSTAND AND AGREE THAT DESERT PLUNGE IS NOT OBLIGATED TO ACCEPT THE RETURN, IS NOT OBLIGATED TO PAY FOR RETURN SHIPPING OR FRIGHT CHARGES, AND IS NOT OBLIGATED TO PROVIDE YOU ANY REFUND OR REPLACEMENT ITEMS.

HEALTH AND SAFETY: The health and safety of our Customers is our highest priority. Although our Policies, instructions, warnings, information, and recommendations, including as stated in this Agreement and on our Website, are designed to help protect you, Desert Plunge cannot remove all risk or otherwise guarantee or promise that you will not sustain any injuries or damages from any physical or mental/emotional injuries, viruses, infectious diseases, illnesses, infections, or other health hazards associated with your use of the Products or Services.

You understand and agree that you must properly install, maintain, repair, and use the Product, including according to all manufacturer or other specifications and instructions provided, including but not limited to, those contained in this Agreement, contained on our Website, or otherwise provided to you by us or the Product manufacturer or supplier.

You agree to properly supervise others when they are using the Product. You agree to take personal responsibility for yourself spouse, heirs, estate, assigns, guests, invitees, and anyone else who you permit to use your Product once it is purchased and delivered to you, and further agree that Desert Plunge is not responsible for responsible or liable in any way for any losses, injuries, harm, damages, costs, or expenses (including attorneys’ fees) of any kind resulting directly or indirectly from your use of the Product or use of the Product by others under your supervision, custody, control, or by virtue of your invitation or permission to use the Product.

YOUR PRODUCT TUB SHOULD BE COVERED AND LOCKED WHEN NOT IN USE. DO NOT REMOVE ANY PARTS OR LOCKING MECHANISMS FROM THE PRODUCT.

SURFACE AND INSTALLATION REQUIREMENTS: Desert Plunge is not responsible for site preparation, electrical, or any other pre-installation requirements concerning the Product. Customer acknowledges and agrees that the determination of the final location and installation of the Product, including compliance with all applicable building, safety, and other code requirements, is the sole responsibility of Customer and that Desert Plunge has made no representations, warranties or promises to Customer in this regard.

The Product must be installed on a uniform level surface that is firm and flat.

The Product is required to be under an overhead covered area away from the outdoor elements.

THE ¼ HP CHILLERS SHOULD NEVER BE LEFT exposed to direct sunlight.

Customer acknowledges and agrees that Desert Plunge is not be responsible or liable in any way for any losses, injuries, harm, damages, costs or expenses of any kind (including attorneys’ fees) resulting directly or indirectly from or related in any way to improper site preparation, placement, or installation of the Product, including, but not limited to damage from fire, electrical shock, damage to equipment, damage to the Product, or improper support for the Product.

See our website for INFORMATION FOR WARRANTY INFORMATION AS WELL AS PRODUCT AND CHILLER maintenance, BEST PRACTICES, AND WATER SANITATION.

ACCESS AND CLEARANCE: For most deliveries, a minimum of 40” wide clearance through gates or doors is required.

ELECTRICAL REQUIREMENTS: All of the Products require either a 15A or 20A standard outlet with a GFCI-protected power source.

You agree to ensure that the power circuit the Product is being plugged into has available ampacity of 6.5 amps FOR ¾, AND ¼ HP UNIT.

If sufficient ampacity is not available, a new circuit will need to be located or contact your local electrician to add a new circuit.

CHILLER REQUIREMENTS:  The refrigeration efficiency of the chiller depends upon several factors including the installation location chosen by you (i.e. in a climatized environment vs. in a garage), ambient temperature (climate), heating and cooling source, and lighting.

Place the chiller in a well ventilated space away from flammable materials, flammable vapers, high temperatures, direct sunlight, moisture, and high humidity.

The ¼ hp chiller are best designed to work inside. If that is not possible, then putting the chiller in a garage or enclosed patio may be a suitable alternative, depending on the area. If you have questions about this, please contact us or the manufacturer or supplier.

Chiller should be placed at least 12” away from any walls for adequate ventilation.

Do not cover or move the chiller while it is operating.

Do not put the chiller on its side or upside down as this will cause damage to the chiller. If the chiller is placed on its side, readjust the unit to its correct, upright position and wait at least 3 hours before turning it on. Anytime the chiller is moved without keeping it level, you must let the chiller remain upright for at least 3 hours before plugging it in.

Avoid direct contact with liquids to the external body of the chiller unit. Failure to do so may result in damage to the unit, electric shock, or other harm.

If you are in an area that gets down to 32F or lower, the chiller needs to be unplugged, drained and stored for the season. Freezing temperatures can damage the chiller.

Keep power cord free of obstructions, such as heavy or sharp objects sitting on it.

DO NOT SUBMERSE THE CHILLER. Doing so will damage the unit and may inflict electric shock or other harm.

DO NOT USE Epsom Salt or any other salts for water sanitation. Salt is hard on the chiller components and can damage and degrade the chiller components over time. Adding any type of salt to the water in your Product will void any and all warranties on the Product. See our website for more INFORMATION ABOUT WATER SANITATION.

Regular maintenance of the chiller’s will help maintain and maximize the chiller’s efficiency. Please refer to our Website for steps on chiller maintenance.

See our website for more INFORMATION ABOUT chiller maintenance.

OZONE GENERATOR: The ozone generator Product is strictly sold and intended for water treatment applications, which include swimming pools, hot tubs, spas, and cold plunges like the Products.

DO NOT USE the ozone generator for air purification or any other use outside of water sanitation.

The ozone generator Product should be used outside in a well ventilated area due to potential off-gassing.

The ozone generator Product should be run for 60 minutes once per day and at least 6 hours before people or pets are in the area.

The average life expectancy of the ozone generator is approximately 18-36 months depending on a number of factors.

If you are using ozone outside in a climate with freezing conditions, be sure to check the ozone tubing for water build up, if the water freezes in the tubing it can block the airflow causing damage to the ozone generator. The ozone generator should not be operated in temperatures below 20 degrees Fahrenheit.

Some people, including those with chemical sensitivities, COPD, or are recovering from toxic mold exposure, or other illnesses or conditions, may have issues with exposure to ozone of any amount.

PLEASE CONTACT A MEDICAL PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT WHETHER USING A PRODUCT WITH OZONE IS SAFE FOR YOU.

By choosing to use the ozone generator Product, you represent that you have consulted with your health care provider (and any health care provider for anyone for whom you are responsible and/or for whom you are authorized to act and provide consent) and all have been cleared to safely use the Products.

COLOR VARIANCE: Minor color variances may exist because the Product is custom made. We have also made every effort to display as accurately as possible the colors and images of our Products appearing on the Desert Plunge Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Filter: Check your filter weekly and ensure it does not get too dirty. A dirty filter will slow down the flow rate and can cause damage to the pump and chiller. If you notice your water flow rate into the tub starts to slow down or your pump sounds louder than normal, change your filter.

Do not rinse off and reuse your filter, a new filter must be used each time you change it.

Do not use a filter below 20 microns for the ¼ HP unit. A filter below 50 microns should not be used for the ¾ HP unit.

SERVICE REQUESTS: Requests for service or repairs must be made from Monday thru Friday from 9:00 a.m. to 4:00 p.m. Arizona time. Customer agrees to perform basic troubleshooting with us via telephone to properly diagnose any problems, and if there is a defective part, have a new or replacement part shipped to you. You understand and agree that you are responsible to pay all reasonable trip fees to perform in-home repairs and, in the event the repair is not covered by an applicable warranty, all associated repair costs, including without limitation, costs for parts and labor.

ASSUMPTION OF RISKS: In consideration of being permitted to purchase, obtain delivery or pickup, and use Products and Services offered by Desert Plunge, with full knowledge and awareness of the potential risks, I, on behalf of myself, spouse, heirs, estate, assigns, and any others for whom I am responsible and/or for whom I am authorized to act and provide consent, understand, acknowledge and agree each of the following:

NEGLIGENCE: You understand that the term “Negligence” as used in this Agreement includes, but is not limited to, Desert Plunge’s or another person’s or entity’s (1) negligent design, construction, delivery, repair, maintenance, installation, instructions, advice, recommendations, operation, supervision, monitoring, advertising, or provision of the Products or Services; (2) negligent failure to warn of or to remove hazardous, unsafe, dangerous, or defective conditions concerning the Products or Services; (3) negligent failure to provide or keep the Products or perform any Services in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision, or retention of employees, independent contractors, or volunteers; (6) negligent collection, use, disclosure, or storage of personal, sensitive, or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).

RELEASE OF LIABILITY AND DAMAGES; WAIVER OF CLAIMS: ON BEHALF OF YOURSELF, SPOUSE, HEIRS, ESTATE, ASSIGNS, AND ALL OTHERS FOR WHOM YOU ARE RESPONSIBLE AND/OR FOR WHOM YOU ARE AUTHORIZED TO ACT AND PROVIDE CONSENT, YOU HEREBY ASSUME ALL RISK AND LIABILITY IN CONNECTION WITH PURCHASE AND USE OF THE PRODUCTS AND SERVICES, AND DO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO MAKE ANY CLAIM IN ANY FORUM AGAINST DESERT PLUNGE, INCLUDING ALL OF ITS SUBSIDIARIES, PARENTS, AFFILIATES, BOARD MEMBERS, INVESTORS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, distributers, suppliers, MANUFACTURERS, service providers, licensors, VOLUNTEERS, SERVANTS, INSURERS, ATTORNEYS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SPOUSES, EXECUTORS, PERSONAL REPRESENTATIVES, NEXT OF KIN, AND HEIRS (COLLECTIVELY, THE “RELEASED PARTIES” AND INDIVIDUALLY A “RELEASED PARTY”) IN CONNECTION WITH OR ARISING OUT OF THE PURCHASE OR USE OF THE PRODUCTS OR SERVICES.

THE RELEASE GIVEN HEREIN SHALL INCLUDE A RELEASE OF THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES, LOSSES, DAMAGES (INCLUDING WITHOUT LIMITATION, direct, indirect, incidental, punitive, special, or consequential damages, LOST PROFITS, LOST REVENUE, lost savings, loss of data, replacement costs, or any similar damages, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF contract, tort (including negligence AND strict liability) or otherwise), CLAIMS, LITIGATION, SUITS, DEMANDS, ACTIONS, EXPENSES (INCLUDING ATTORNEYS’ FEES) AND CAUSES OF ACTION WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE AND ANY CLAIM OR DEMAND THEREFOR ON ACCOUNT OF ANY PHYSICAL, MENTAL, OR EMOTIONAL INJURY, DAMAGE, ILLNESS, OR SICKNESS (INCLUDING WITHOUT LIMITATION COVID-19 OR OTHER TRANSMISSION OF COMMUNICABLE DISEASE, INFECTION, OR ILLNESS) TO PERSON OR DAMAGE TO PROPERTY OR RESULTING IN PHYSICAL, MENTAL, OR EMOTIONAL INJURY, DAMAGE, ILLNESS, SICKNESS, OR DEATH (INCLUDING WITHOUT LIMITATION RELATED TO COVID-19 OR OTHER TRANSMISSION OF COMMUNICABLE DISEASE, INFECTION, OR ILLNESS) even if advised of their possibility, OF THE UNDERSIGNED, YOUR SPOUSE, HEIRS, ESTATE, ASSIGNS, AND ANY OTHERS FOR WHOM YOU ARE AUTHORIZED TO ACT AND PROVIDE CONSENT, GUESTS, INVITEES, OR THOSE WHOM YOU PERMIT TO USE THE PRODUCT OR SERVICES AFTER IT IS DELIVERED OR PROVIDED TO YOU, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR PURCHASE, INSTALLATION, MAINTENANCE, REPAIR, STORAGE, AND USE OF THE PRODUCTS OR SERVICES, WHETHER (I) ALLEGED TO BE CAUSED BY ANY OF THE RELEASED PARTIES OR OTHER PERSONS OR ENTITIES (WHETHER UNDER YOUR CONTROL OR NOT), (II) ALLEGED TO BE CAUSED BY THE NEGLIGENCE, MISCONDUCT, OR OTHER ACTS OR OMISSIONS OF ANY OF THE RELEASED PARTIES OR OTHER PERSONS OR ENTITIES (WHETHER UNDER YOUR CONTROL OR NOT), (III) CLAIMS ARE BROUGHT BY YOU OR OTHER PERSONS OR ENTITIES (WHETHER UNDER YOUR CONTROL OR NOT), (IV) CLAIMS BROUGHT AGAINST ANY OF THE RELEASED PARTIES OR OTHER PERSONS OR ENTITIES (WHETHER UNDER YOUR CONTROL OR NOT), OR (V) CLAIMS ALLEGED TO BE CAUSED BY any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use or reliance upon any content (or product) posted, transmitted, or otherwise made available to you OR OTHERS related to the Products OR SERVICES, including as posted on our Website.

PREEXISTING CONDITIONS/SYMPTOMS, INSURANCE, AND MEDICAL TREATMENT:  On behalf of yourself, spouse, heirs, estate, assigns, all others for whom you are responsible and/or for whom you are authorized to act and provide consent, guests, invitees, and all others who you permit to use the Products or Services once they are delivered or provided to you, you represent and attest that you are each physically and mentally capable, healthy, and competent to participate in using the Products and Services and have no known health problems, restrictions, or conditions (including known heart, circulatory, respiratory, or nervous system conditions) or symptoms of communicable illness, infection, or disease (including COVID-19) that might jeopardize any of your health or safety or the health or safety of others during their use of the Products or Services. You further represent that you have consulted with your health care provider (and any health care provider for anyone for whom you are responsible and/or for whom you are authorized to act and provide consent) and all have been cleared to safely use the Products.

DEFENSE AND INDEMNIFICATION AGREEMENT:  On behalf of yourself, spouse, heirs, estate, assigns, all others for whom you are responsible and/or for whom you are authorized to act and provide consent, your guests or invitees, and all others who you permit to use the Products or Services once they are delivered or provided to you, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, losses, damages, lawsuits, costs, expenses (including attorneys’ fees), and/or liabilities, including any losses or claims alleged to be caused by the Negligence, misconduct, or any other acts or omissions of any of the Released Parties or other persons or entities (whether under your control or not), asserted against the Released Parties by any other person or entity (whether under your control or not) arising out of, resulting from, caused by or related in any way to the purchase, installation, maintenance, repair, storage, or use of the Products or Services by you, others for whom you are responsible and/or for whom you are authorized to act and provide consent, guests, invitees, or other persons or entities (whether under your control or not) who you have permitted to use the Products or Services after delivery or provision of them to you. Your agreement to defend and indemnify the Released Parties means, among other things, that you will pay any and all settlement, judgment, or other damages, fees, expenses, or costs of any type incurred (including attorneys’ fees) by Desert Plunge to resolve the claim.

DISCLAIMER OF WARRANTIES:  Except for the limited and express warranties expressly stated by us that ARE provided for certain Products, including related to the chiller, pump—impeller, and plumbing (as described in more detail on our Website), the Products purchased by and delivered to you are provided on an “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions or merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

GOVERNING LAW; JURISDICTION AND VENUE:  This Agreement, and any claim or dispute related to enforcing this Agreement, an alleged breach of this Agreement, or any other claims relating to or arising under this Agreement or related in any way to your purchase or use of the Products or Services, is governed by the laws of the State of Arizona without regard to the principles of conflicts of law. Any claim or dispute between you and us related to enforcing this Agreement, an alleged breach of this Agreement, or any other claim relating to or arising under this Agreement or related in any way to your purchase or use of the Products or Services, shall be brought exclusively in a court of competent jurisdiction located in Maricopa County, Arizona, which court shall have sole and exclusive personal jurisdiction over the Parties and where venue shall exclusively lie. The Parties agree that they will not object to personal jurisdiction or venue in such court.

WAIVER OF JURY TRIAL: To the maximum extent permitted by applicable law, I (a) covenant and agree not to elect a trial by jury with respect to any issue arising out of this Agreement or my purchase or use of the Products OR SERVICES that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of right to trial by jury is given knowingly and voluntarily.

ATTORNEYS’ FEES AND COSTS:  I expressly agree to pay any and all attorneys’ fees, costs, or other expenses (including expert witness fees) incurred by Desert Plunge in enforcing this Agreement, an alleged breach by me of this Agreement, as well as concerning any claims or lawsuits arising under or relating in any way to this Agreement or my purchase or use of the Products or Services for which Desert Plunge is considered to be the prevailing party.

SEVERABILITY: I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

ENTIRE AGREEMENT; AMENDMENT: This Agreement, including all Invoices, Policies, and any other signed, written agreements between you and Desert Plunge, together contain the entire understanding of the parties relating to the subject matter. Desert Plunge may amend this Agreement at any time, in its sole and absolute discretion. Notice will be made in writing (sent to your last known e-mail address) if this Agreement is amended, and the amended Agreement will be posted by us on our Website (https://.desertplunge.com). Your use of the Products and Services after any such amendment will evidence acceptance of the amendment(s). Any amendments suggested by Customer shall be agreed to in writing by Desert Plunge (and counter-signed by Customer) before any such amendment to the Agreement becomes effective.

SIGNATURES; BINDING NATURE: This Agreement may be executed, made and delivered electronically. This Agreement shall be binding on my heirs, executors, administrators, successors, personal representatives, successors, and assigns.

By signing (or otherwise assenting to this Agreement, whether electronically or otherwise), I acknowledge that I have read the foregoing Agreement and understand its contents; that I am at least eighteen (18) years old and fully competent to give my consent; that I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed; that I give my voluntary consent in signing this Agreement as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation; and that if I choose not to sign this Agreement, I am not required to purchase or use the Products or Services of Desert Plunge.

I have read and understood this Agreement and enter into it voluntarily in consideration of the opportunity for me or my children or other minors for whom I am responsible and/or for whom I am authorized to act and provide consent to purchase and use the Products or Services of Desert Plunge.

I acknowledge I am giving up legal rights and/or remedies which may be available to me or to others for whom I am authorized to provide consent.

I agree to and sign this Agreement freely and voluntarily by my own free will, without duress, and assert that no oral representations apart from this Agreement have been made to me.