Last Updated: July 27, 2026
Terms & Conditions
Standard Sales, Installation, Indemnity & Customer Responsibility
This Standard Sales, Installation, Indemnity & Customer Responsibility Addendum is incorporated into and forms part of any estimate, quote, invoice, proposal, drawing approval, product sale, installation agreement, or related customer document issued by Sauna Bath Company, LLC. Together with the accepted quote, any applicable product-specific addenda, and other documents expressly incorporated herein, this Addendum constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous oral or written representations, understandings, or agreements.
This Addendum applies to the sale, delivery, assembly, installation, customization, and/or related services for sauna units and sauna-related products, including, without limitation, indoor saunas, outdoor saunas, electric saunas, custom sauna rooms, prefabricated sauna units, wood-burning sauna stove units, heaters, controls, doors, glass, lighting, benches, flooring, and related accessories.
1. PARTIES
This Addendum is entered into by and between: Sauna Bath Company, LLC is referred to as "Sauna Bath," "Seller/Installer," "Company," "we," or "us." CUSTOMER / OWNER: The "Customer" or "Owner" is the individual or entity identified as the Customer in, and signing as Customer in, the acceptance and signature block on the first page of this document, whose printed name and contact information are as set forth on that first page and in the accepted quote. The Customer/Owner is referred to as "Customer," "Owner," "you," or "your."
2. INCORPORATION INTO QUOTE AND CUSTOMER ACCEPTANCE
This Addendum is part of the quote, estimate, invoice, proposal, drawing approval, and any other project document we issue and you accept. You accept this Addendum, and agree to be bound by it, if you do any of the following: (a) sign this Addendum or its acknowledgment; (b) sign a quote, estimate, proposal, drawing, invoice, or other document that refers to this Addendum; (c) accept a quote or estimate, or check an acceptance box, online; or (d) after you receive this Addendum, pay a deposit, authorize us to order materials, or schedule delivery or installation. For online acceptance under (c), we will show you this Addendum (or a clear link to it) and a clear statement that your action means you accept it. Signing this Addendum is the preferred way to accept. Accepting a quote or estimate means more than agreeing to the price. It means you accept the full set of project documents, including this Addendum, any product-specific addenda, manufacturer documents, drawings, scope descriptions, site-responsibility terms, payment terms, and the release, indemnity, and liability-limit provisions, so long as we delivered or made each document reasonably available to you by the time you accept.
3. COMMERCIAL OFFER AND SCOPE OF WORK
Sauna Bath's commercial offer is limited to the products, materials, equipment, and services expressly identified in the accepted quote, estimate, invoice, or written scope of work. Product specifications described in the accepted quote, estimate, manufacturer documentation, or other project documents may be subject to change. Sauna Bath will endeavor to provide Customer with reasonable advance notice of any material specification change prior to delivery or installation; however, failure to provide such notice shall not constitute a breach, and minor or non-material changes in product specifications shall not constitute a breach of the accepted quote or this Addendum. Unless expressly stated in writing, Sauna Bath's scope does not include: (a) zoning analysis; (b) setback analysis; (c) HOA or condominium approval; (d) easement review; (e) survey work; (f) property-line confirmation; (g) drainage engineering; (h) soil or ground-condition analysis; (i) foundation engineering; (j) structural engineering; (k) electrical work requiring a licensed electrician; (l) plumbing work; (m) mechanical work requiring a licensed mechanical contractor; (n) roof, wall, or building-system repairs; (o) permit procurement; (p) governmental inspections; (q) utility locating; (r) code consulting; (s) existing structure evaluation; (t) existing roof, wall, or floor inspection; (u) long-term maintenance; (v) warranty administration for third-party manufacturers; (w) removal, relocation, or correction of work due to customer-selected site conditions; or (x) any work not expressly included in the accepted quote or written scope. Any work outside the accepted written scope may result in additional charges, schedule changes, or modified project requirements, subject to Sauna Bath's written approval.
Delivery and Inspection. Customer shall inspect all products and components promptly upon delivery. Any discrepancies or damage, including missing items, incorrect items, shortages, or concealed damage, must be reported to Sauna Bath in writing within seven (7) days of receipt; failure to report within this period may result in denial of the applicable claim. Where damage is extensive, Customer should refuse delivery of the affected items, note the damage at the time of delivery, and notify Sauna Bath immediately.
3A. Mechanical Systems; No Certification of Installation
Sauna Bath sells and delivers sauna products and related components and performs only the installation services expressly described in the accepted quote or written scope. Consistent with the scope exclusions in Section 3, and unless expressly stated in a separate written agreement signed by Sauna Bath, Sauna Bath does not provide mechanical contracting services and does not install, connect, service, inspect, test, or certify any building mechanical system, including any heating, ventilation, or air-conditioning (HVAC) system, plumbing or water-supply system, gas piping or fuel-supply system, refrigeration system, or other building mechanical system serving the installation site. Electrical work requiring a licensed electrician is excluded from Sauna Bath's scope as separately provided in Section 3, and must be performed by a licensed electrician retained by and at the expense of Customer. Permits, inspections, and governing-body approvals remain Customer's responsibility as provided in Sections 3, 6, and 7. Sauna Bath does not certify final installation, site conditions, code compliance, or readiness for use. Sauna Bath's scope of work is limited to the construction and assembly of the sauna unit as expressly described in the accepted quote and approved drawing, which may include preparing the sauna walls, insulating, installing the door, and assembling the sauna interior. Customer is responsible for all framing and insulation of the surrounding room or structure not expressly included in Sauna Bath's scope. Flooring within the sauna shall be provided to the specifications stated in the accepted quote or approved drawing; Customer is responsible for the underlying subfloor and any flooring outside the sauna unit, consistent with Customer's site-preparation responsibilities in Section 6. Sauna Bath's scope does not include any work exterior to the sauna unit unless that work is expressly specified on the approved drawing or in the accepted quote.
3B. Licensed Scope; Excluded Trades
If Sauna Bath performs the sauna build-out, Sauna Bath will perform only work it is legally authorized and, where required, properly licensed to perform. Excluded licensed trades, including electrical, mechanical, plumbing, HVAC, gas piping, fuel-supply, and similar work, must be performed by properly licensed third parties retained by Customer unless Sauna Bath expressly agrees otherwise in a separate written agreement and is legally authorized to perform or subcontract that work.
4. PRODUCT-SPECIFIC ADDENDA
Customer acknowledges that different sauna products and installation environments involve different risks, manufacturer requirements, maintenance obligations, and legal responsibilities. This Addendum applies generally to all Sauna Bath projects, but additional project-specific addenda may apply depending on the project type. If a product-specific Addendum applies to the project, it is incorporated into the accepted quote and this Addendum, provided that such Addendum has been made available to Customer prior to or at the time of acceptance. Customer's acceptance of the quote or payment of any deposit also confirms Customer's acceptance of any applicable addendum that has been provided to Customer.
5. DEPOSIT, PAYMENT, AND SPECIAL-ORDER MATERIALS
Customer shall pay the deposit stated in the accepted quote or invoice before Sauna Bath is required to order materials, reserve production, schedule delivery, or begin installation. For custom sauna orders that do not include labor or installation services, payment shall be made as follows: sixty percent (60%) of the total order amount is due as a deposit at the time of order placement, and the remaining forty percent (40%) balance is due prior to delivery. For orders that include installation or labor services, the remaining balance shall be due and payable upon the Completion Date. As used throughout this Addendum, the "Completion Date" means the date on which Sauna Bath has completed the installation services described in the accepted quote or written scope, excluding minor punch-list items that do not materially affect the use or operation of the sauna.
Customer acknowledges that sauna projects often involve custom, special-order, manufacturer-supplied, non-stock, or non-returnable materials. Deposit funds may be used by Sauna Bath to purchase, reserve, fabricate, store, or otherwise secure project-specific materials and components. No returns are accepted on custom, special-order, manufacturer-built, or non-stock products or components. All such products are built or sourced to Customer's specific requirements and cannot be restocked, cancelled after ordering, or resold.
To the maximum extent permitted by applicable law, Customer is responsible for costs incurred by Sauna Bath in reliance on Customer's acceptance, including: (a) design and administrative work; (b) ordered materials; (c) manufacturer charges; (d) supplier charges; (e) storage; (f) restocking fees; (g) cancellation fees; (h) custom or special-order components; (i) labor performed; (j) scheduling costs; (k) additional work approved by Customer; and (l) other reasonable project-specific costs. A restocking fee of twenty-five percent (25%) of the purchase price shall apply to all eligible returned goods. A Return Merchandise Authorization (RMA) number must be obtained from Sauna Bath prior to returning any goods; returns received without a valid RMA number may be refused. Restocking fees and all return freight costs are the sole responsibility of Customer.
6. CUSTOMER SITE LOCATION RESPONSIBILITY
Customer is solely responsible for the site location selected for the sauna unit on Customer's property unless Sauna Bath expressly agrees in writing to evaluate or assume responsibility for a specific site-location issue.
Customer is responsible for determining, confirming, and complying with all requirements related to the selected site location, including: (a) zoning; (b) setbacks; (c) easements; (d) HOA rules; (e) condominium rules; (f) private covenants; (g) deed restrictions; (h) property lines; (i) drainage; (j) grading; (k) soil conditions; (l) foundation or support conditions; (m) utility locations; (n) electrical capacity; (o) delivery access; (p) installation access; (q) roof, wall, floor, or structural conditions; (r) permits; (s) inspections; (t) governing-body approvals; (u) local building, fire, mechanical, electrical, zoning, or other code requirements; and (v) any other governmental, association, or property-related restriction. Sauna Bath does not represent, warrant, or guarantee that Customer's selected site location is lawful, suitable, code-compliant, structurally adequate, properly drained, accessible, approved, or free from hidden or site-specific conditions. Customer shall indemnify, defend, and hold Sauna Bath harmless from any claim, fine, cost, enforcement action, relocation cost, redesign cost, removal cost, penalty, delay, or loss arising out of or related to Customer's selected site location, except to the extent Sauna Bath expressly agreed in writing to assume responsibility for the specific issue giving rise to the claim. Site Preparation and Pre-Use Approvals. Without duplicating the responsibilities allocated elsewhere in this Section 6 or in Section 7, Customer shall, at Customer's sole cost and expense and prior to delivery and installation (and, where applicable, prior to first use): (a) prepare the selected site for delivery, installation, and operation of the sauna, including providing any required clearing, leveling, grading, drainage, foundation, pad, subfloor, structural support, and adequate delivery and installation access; (b) cause the selected site and the completed installation to satisfy all applicable building, fire, mechanical, electrical, zoning, and other code requirements and all governing-body, HOA, and association requirements identified in Sections 6 and 7; and (c) obtain any inspection, approval, certificate, or sign-off required by an authority having jurisdiction before the sauna may lawfully be used. Sauna Bath's obligation to deliver, install, or schedule may be delayed until Customer has completed these site-preparation and approval duties, and any resulting costs, delays, or rework are Customer's responsibility except to the extent Sauna Bath expressly agrees otherwise in writing.
7. PERMITS, INSPECTIONS, AND GOVERNING AUTHORITIES
Unless expressly stated in the accepted quote or separate written agreement, Customer is solely responsible for obtaining all permits, approvals, inspections, HOA approvals, zoning approvals, and other governing-body authorizations required for the project. Sauna Bath is not responsible for: (a) permit denial; (b) inspection failure caused by site conditions; (c) zoning noncompliance; (d) HOA rejection; (e) setback violations; (f) easement conflicts; (g) utility conflicts; (h) drainage issues; (i) governing-body enforcement; (j) requirements imposed after quote acceptance; (k) code upgrades not included in the accepted scope; (l) delays caused by permitting or inspections; or (m) additional work required by any authority having jurisdiction. If a governing authority, inspector, HOA, or other body requires additional work not included in the accepted quote, Customer is responsible for any resulting costs, delays, redesign, relocation, or project modifications, unless Sauna Bath expressly agreed in writing to assume that responsibility.
Nothing in this Agreement, the Standard Addendum, or any product-specific addendum is intended to waive, reduce, or replace any building-code, fire-code, mechanical-code, electrical-code, chimney, venting, permitting, inspection, manufacturer-listing, manufacturer-installation, or authority-having-jurisdiction requirement applicable to the project. The parties’ allocation of responsibility for satisfying those requirements is contractual only and does not excuse either party from complying with any non-waivable legal requirement applicable to that party’s work, products, services, or conduct.
8. DRAWINGS, RENDERINGS, AND DESIGN APPROVALS
Any drawings, renderings, sketches, layouts, dimensions, diagrams, product images, or design materials provided by Sauna Bath are for design, planning, product-selection, and layout purposes only, unless expressly stated otherwise in writing. Customer approval of any drawing or rendering confirms approval of the depicted layout, visible design elements, dimensions, material selections, heater or stove selections, door configuration, controls, and related design specifications only. Drawings and renderings do not constitute: (a) zoning approval; (b) permit approval; (c) HOA approval; (d) setback approval; (e) easement approval; (f) code approval; (g) structural approval; (h) engineering approval; (i) drainage approval; (j) soil-condition approval; (k) electrical-capacity approval; (l) utility-location approval; (m) site-suitability approval; (n) fire-code approval; or (o) manufacturer warranty approval. Customer is responsible for reviewing drawings, renderings, estimates, and specifications before acceptance and promptly notifying Sauna Bath of any requested changes, errors, omissions, or site-specific concerns.
9. MANUFACTURER DOCUMENTS AND CUSTOMER RESPONSIBILITY
Customer acknowledges that sauna units and related equipment may include products and components manufactured by third parties, including heaters, controls, glass, doors, lighting, flooring, benches, wood packages, hardware, and accessories. Customer agrees to read, retain, and follow all applicable manufacturer documents, including: (a) installation instructions; (b) use instructions; (c) safety warnings; (d) maintenance instructions; (e) warranty terms; (f) product limitations; (g) clearance requirements; (h) fuel or electrical requirements; (i) ventilation requirements; (j) component compatibility requirements; and (k) any manufacturer claim procedures. Customer acknowledges that failure to follow manufacturer documents may create safety risks. The effect, if any, of such failure on warranty coverage is addressed in Section 11.
10. MANUFACTURER WARRANTY PASS-THROUGH
Sauna Bath is not the manufacturer of third-party products or components. Any manufacturer warranty is issued solely by the applicable manufacturer and is passed through to Customer only to the extent available and applicable. Sauna Bath does not adopt, expand, modify, guarantee, administer, or independently warrant any manufacturer warranty. Sauna Bath does not guarantee: (a) manufacturer warranty coverage; (b) approval of any manufacturer warranty claim; (c) availability of replacement parts; (d) manufacturer response time; (e) manufacturer repair or replacement decisions; (f) manufacturer warranty duration; (g) manufacturer warranty transferability; (h) manufacturer warranty applicability to Customer's location or use; or (i) manufacturer coverage for misuse, improper installation by others, improper maintenance, unauthorized modifications, environmental exposure, or site conditions. Customer is responsible for pursuing manufacturer warranty claims according to the manufacturer's procedures.
11. NO INDEPENDENT PRODUCT WARRANTY BY SAUNA BATH
Customer acknowledges and agrees that Sauna Bath does not provide an independent product warranty for third-party products or components, except to the extent expressly required by applicable law or expressly stated in a separate written agreement signed by Sauna Bath.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAUNA BATH DISCLAIMS ANY INDEPENDENT WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING: (A) PRODUCT DESIGN; (B) PRODUCT MANUFACTURING; (C) PRODUCT MATERIALS; (D) PRODUCT COMPONENTS; (E) PRODUCT PERFORMANCE; (F) HEATING OUTPUT; (G) TEMPERATURE ACHIEVEMENT; (H) ENERGY EFFICIENCY; (I) CONTROLS PERFORMANCE; (J) WI-FI PERFORMANCE; (K) PRODUCT LONGEVITY; (L) PRODUCT DURABILITY; (M) DEFECT-FREE CONDITION; (N) MERCHANTABILITY; (O) FITNESS FOR A PARTICULAR PURPOSE; (P) SITE SUITABILITY; (Q) CODE APPROVAL; (R) ZONING COMPLIANCE; (S) PERMITTING APPROVAL; (T) MANUFACTURER WARRANTY APPROVAL; (U) FUTURE SAFE OPERATION; (V) UNINTERRUPTED USE; OR (W) SUITABILITY FOR CUSTOMER'S PARTICULAR PROPERTY OR INTENDED USE.
Nothing in this Addendum is intended to disclaim, limit, modify, or waive any warranty, remedy, or right that may not be disclaimed, limited, modified, or waived under applicable law, including the Magnuson-Moss Warranty Act or applicable state warranty law. Any statement that misuse, unauthorized modification, improper installation, improper maintenance, failure to follow manufacturer documents, or use of non-approved parts, stones, fuel, accessories, or components may affect warranty coverage shall apply only to the extent provided in the applicable manufacturer documents and permitted by law.
12. INSTALLATION SERVICES; NO INSTALLATION WARRANTY
Sauna Bath's installation obligations are limited to the installation services expressly described in the accepted quote or written scope. Except to the extent required by applicable law, Sauna Bath does not provide any express installation warranty, performance warranty, or future-operation warranty beyond the obligation to perform the contracted installation services in a workmanlike manner.
12A. Conditions for Any Separate Written Workmanship Warranty
Sauna Bath provides no workmanship, installation, performance, or future-operation warranty unless it expressly issues a separate written workmanship warranty set forth in a written instrument signed by an authorized officer of Sauna Bath that expressly identifies itself as a “Sauna Bath Written Workmanship Warranty.” No oral statement, estimate, invoice, drawing, advertisement, or other communication, and no employee, installer, agent, or subcontractor other than an authorized officer, may create, expand, or modify any workmanship warranty. Magnuson-Moss Compliance; Implied Warranties Not Disclaimed. The parties acknowledge that, where Sauna Bath makes a written warranty on a consumer product or enters into a service contract with Customer, Section 108 of the Magnuson-Moss Warranty Act (15 U.S.C. Section 2308) prohibits Sauna Bath from disclaiming or modifying any implied warranty. Accordingly, to the extent Sauna Bath issues a separate written workmanship warranty, or enters into a service contract, covering a consumer product: (a) the implied-warranty disclaimers in Section 11 and elsewhere in this Addendum shall not apply to, and shall have no effect on, the implied warranties arising in connection with that transaction; (b) Sauna Bath may limit the duration of any implied warranty only to the duration of the written workmanship warranty, and only if that limitation is conscionable and is set forth in clear and conspicuous language on the face of the written warranty; and (c) any provision of this Addendum that conflicts with the Magnuson-Moss Warranty Act as applied to that transaction is superseded to the extent of the conflict, consistent with the savings clause in Section 11.
13. EXCLUSIONS FROM SAUNA BATH RESPONSIBILITY
Unless expressly agreed in writing, Sauna Bath is not responsible for claims, losses, costs, or damages arising out of or related to: (a) Customer-selected site location; (b) zoning, setbacks, easements, HOA, or governing-body requirements; (c) permits or inspections not expressly assumed by Sauna Bath; (d) pre-existing conditions; (e) concealed or hidden conditions; (f) soil, grading, or drainage conditions; (g) structural capacity or support conditions; (h) utility locations or electrical capacity; (i) roof, wall, floor, or building defects; (j) work performed by electricians, mechanical contractors, inspectors, or other third parties; (k) manufacturer product defects; (l) manufacturer warranty denial; (m) owner misuse; (n) improper maintenance; (o) unauthorized repairs, alterations, relocation, or modifications; (p) use of non-approved parts, stones, accessories, or components; (q) failure to follow manufacturer documents; (r) failure to follow Sauna Bath written instructions; (s) customer-requested deviations; (t) normal wear and tear; (u) cosmetic changes; (v) environmental exposure; (w) weather, freezing, moisture, pests, or ground movement; (x) acts or omissions of Customer, guests, tenants, invitees, household members, or third parties; or (y) any matter outside Sauna Bath's accepted written scope.
13A. Natural Wood Characteristics; Not a Defect
Customer acknowledges that sauna units, sauna rooms, and sauna-related products may incorporate natural wood materials, including but not limited to spruce, aspen, cedar, hemlock, basswood, alder, and similar species. Customer understands and agrees that natural wood is a living material subject to inherent and ongoing variability, including: (a) color change, darkening, graying, fading, tanning, or surface discoloration resulting from heat, humidity, moisture, UV exposure, age, or use; (b) cracking, checking, splitting, or surface separation resulting from thermal cycling, humidity variation, moisture absorption or release, or the natural drying and expansion of wood; (c) gapping between boards, panels, or structural members resulting from wood movement, thermal expansion or contraction, or moisture-related dimensional change; (d) warping, cupping, bowing, or twisting resulting from uneven moisture exposure or temperature variation; and (e) rot, decay, mold, mildew, or biological degradation resulting from prolonged moisture exposure, inadequate ventilation, improper maintenance, or site conditions. These characteristics are inherent to natural wood materials and are not defects in materials or workmanship. To the maximum extent permitted by applicable law, Sauna Bath is not responsible for any claim, loss, cost, or damage arising out of or related to the natural characteristics of wood materials, including any of the conditions described above. Customer is responsible for maintaining adequate ventilation, performing routine inspection and maintenance, and following all applicable manufacturer documents and care instructions to minimize the effects of natural wood movement and degradation.
14. CUSTOMER USE, MAINTENANCE, AND SAFETY OBLIGATIONS
Customer is responsible for safe use, operation, supervision, and maintenance of the sauna and related equipment after installation. Customer agrees to: (a) read and follow manufacturer documents; (b) read and follow Sauna Bath written instructions; (c) maintain required clearances; (d) maintain ventilation and air pathways; (e) maintain smoke detectors and carbon monoxide detectors where applicable; (f) supervise children, guests, invitees, tenants, and users; (g) prevent unsafe or unauthorized use; (h) avoid unauthorized repairs or modifications; (i) use only approved products, stones, parts, accessories, and operating methods; (j) discontinue use if any defect, malfunction, unusual odor, smoke, overheating, electrical issue, water intrusion, or unsafe condition is observed; (k) notify Sauna Bath and/or the manufacturer as appropriate; (l) perform routine maintenance; (m) retain all manufacturer documents; and (n) provide applicable safety and maintenance information to future users, occupants, tenants, guests, or purchasers. Customer shall not modify, relocate, disassemble, reconnect, extend, shorten, substitute, or alter the sauna, any heater, control, door, glass, or other component, or any label, warning, or safety component, after delivery, except in accordance with applicable manufacturer instructions and law and, where required, by a properly licensed professional. Additional restrictions specific to wood-burning sauna stoves, chimneys, stovepipe, and venting components are addressed in the Wood-Burning Sauna Stove Safety, Assumption of Risk & Product-Specific Addendum.
Additional use and maintenance obligations may be stated in applicable project-specific addenda.
14A. Residential, Commercial, or Personal Use; No Responsibility for Use or Misuse
The releases, disclaimers, exclusions, and limitations of liability in this Addendum apply in full regardless of whether the sauna unit, equipment, or related products are used for residential, commercial, business, rental, shared, public, or personal purposes, and regardless of who uses them. To the maximum extent permitted by applicable law, Sauna Bath is not responsible for, and Customer releases Sauna Bath from, any claim, loss, cost, injury, or damage arising out of or relating to the use, operation, non-use, or misuse of the sauna, equipment, or related products, including any improper, unintended, unauthorized, negligent, excessive, or unsafe use, whether by Customer or by any household member, guest, invitee, tenant, employee, patron, or other third party. Customer is solely responsible for ensuring that the sauna is used in a safe and lawful manner appropriate to its actual use and occupancy, and for satisfying any additional requirements applicable to commercial or high-use installations, including those addressed in any applicable Commercial Addendum. Nothing in this Section limits or releases any liability that cannot be limited or released under applicable law, any implied warranty preserved under Sections 11 and 12A, or any claim arising from Sauna Bath's own willful misconduct or gross negligence.
15. RELEASE OF LIABILITY
To the maximum extent permitted by applicable law, Customer, on behalf of Customer and Customer's heirs, personal representatives, successors, and assigns, releases and waives claims against Sauna Bath, its owners, officers, employees, contractors, subcontractors, agents, and representatives, INCLUDING ANY SUCH CLAIM BASED ON THE ORDINARY NEGLIGENCE OF SAUNA BATH OR ANY OF THE RELEASED PARTIES, arising out of or relating to: (a) Customer misuse, neglect, or improper operation; (b) failure to follow manufacturer documents; (c) failure to follow Sauna Bath written instructions; (d) failure to inspect, clean, maintain, or repair; (e) unauthorized modifications, repairs, relocation, or alterations; (f) use of non-approved stones, accessories, parts, or components; (g) unsafe use by Customer or third parties; (h) any site-location, zoning, HOA, permit, setback, easement, drainage, access, utility, or governing-body matter described in Sections 6 and 7; (i) pre-existing, concealed, unknown, or post-installation site conditions; (j) manufacturer product defects; (k) manufacturer warranty denial or expiration; (l) third-party work; (m) normal wear and tear; (n) cosmetic changes; (o) environmental exposure; (p) customer-requested deviations; (q) use after notice of defect or unsafe condition; (r) any risk addressed in an applicable project-specific Addendum; and (s) any matter outside Sauna Bath's accepted written scope. This release does not apply to claims that cannot legally be released or claims arising directly from Sauna Bath's own willful misconduct or gross negligence. The releases in this Section 15 apply regardless of whether the sauna, equipment, or related products are used for residential, commercial, business, rental, shared, public, or personal purposes, as further provided in Section 14A.
16. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Sauna Bath, its owners, officers, employees, contractors, subcontractors, agents, and representatives from and against all claims, damages, losses, liabilities, costs, penalties, fines, judgments, expenses, and attorneys' fees arising out of or relating to: (a) Customer's breach of this Addendum or any incorporated document; (b) Customer's misuse, operation, or maintenance of the sauna or equipment; (c) failure to follow manufacturer documents; (d) failure to follow Sauna Bath written instructions; (e) any Customer-selected site location, zoning, HOA, permit, setback, easement, inspection, drainage, access, utility, or governing-body matter described in Sections 6 and 7; (f) unauthorized modification, repair, relocation, or alteration; (g) acts or omissions of Customer, household members, guests, tenants, invitees, or third parties; (h) claims by third parties arising from use of the sauna; (i) injuries or property damage occurring after installation to the extent not caused by Sauna Bath's negligence, willful misconduct, or gross negligence; (j) product defects or warranty issues attributable to third-party manufacturers; (k) work performed by third parties; (l) failure to complete required maintenance; (m) environmental or site conditions; and (n) any matter outside Sauna Bath's accepted written scope. This indemnity applies to the maximum extent permitted by law and does not require Customer to indemnify Sauna Bath for Sauna Bath's own negligence, willful misconduct, or gross negligence. The allocation of responsibility for Sauna Bath's own negligence set forth in this Addendum—under which Customer releases Sauna Bath for its ordinary negligence as provided in Section 15 but is not required to indemnify Sauna Bath for Sauna Bath's own negligence—governs over any product-specific addendum. Any provision of a product-specific addendum, including the Wood-Burning Sauna Stove Safety, Assumption of Risk & Product-Specific Addendum, that purports to require Customer to indemnify Sauna Bath for Sauna Bath's own negligence is superseded to the extent of the conflict, consistent with Section 21.
17. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Sauna Bath's total liability for any claim arising out of or relating to the sale, delivery, assembly, installation, or use of the sauna, equipment, or related services shall not exceed the amount paid by Customer to Sauna Bath for the specific products or services giving rise to the claim. The limitation in this paragraph does not apply to liability arising from Sauna Bath's own willful misconduct or gross negligence, or to any liability that may not be limited under applicable law.
To the maximum extent permitted by applicable law, Sauna Bath shall not be liable for: (a) indirect damages; (b) incidental damages; (c) consequential damages; (d) special damages; (e) exemplary damages; (f) punitive damages; (g) delay damages; (h) loss of use; (i) loss of enjoyment; (j) lost profits; (k) business interruption; (l) diminution in property value; (m) relocation costs; (n) replacement housing costs; (o) emotional distress damages; (p) inconvenience damages; or (q) similar damages. The limitations in this Section 17 do not apply to liability arising from Sauna Bath's own willful misconduct or gross negligence. The limitations in this Section 17 apply regardless of whether the sauna, equipment, or related products are used for residential, commercial, business, rental, shared, public, or personal purposes, as further provided in Section 14A. Nothing in this Addendum limits liability to the extent such limitation is prohibited by applicable law.
18. PRE-INSTALLATION REQUIREMENTS
Before Sauna Bath is required to order materials, deliver products, assemble components, or install any sauna unit or equipment, Customer must satisfy the applicable preconditions established elsewhere in this Addendum, including: acceptance of the quote and this Addendum under Section 2; payment of the required deposit under Section 5; acceptance of any applicable product-specific Addenda under Section 4; drawing or design approval under Section 8; the site-location and site-preparation responsibilities under Section 6; permit, inspection, and governing-body responsibilities under Section 7; and receipt of applicable manufacturer documents under Section 9. Sauna Bath may delay ordering, delivery, assembly, installation, or scheduling until required documents are completed.
19. COMPLETION, HANDOFF, AND CUSTOMER ACCEPTANCE OF DELIVERY CHECKLIST
At or near completion, Customer may be required to sign or acknowledge one or more of the following, as applicable to the project: (a) the Customer Acceptance of Delivery Checklist, which Customer shall sign as provided in this Section 19; (b) final invoice; and (c) any remaining payment obligation.
20. INTERNAL SAUNA BATH DOCUMENTS
Customer acknowledges that Sauna Bath may maintain internal checklists, quality-control forms, photographs, installation notes, sales notes, and project records for internal business, training, quality-control, risk-management, and claim-defense purposes. Internal Sauna Bath documents are not customer warranties, are not part of the customer-facing scope unless expressly incorporated in writing, and do not expand Sauna Bath's obligations beyond the accepted quote and incorporated customer-facing documents.
21. ORDER OF PRECEDENCE
If there is a conflict among project documents, the following order shall apply unless applicable law requires otherwise: (1) this Addendum; (2) applicable product-specific addendum; (3) accepted quote or estimate, but only as to pricing and product specifications; (4) the Customer Acceptance of Delivery Checklist; (5) manufacturer documents, but only as to manufacturer product requirements and manufacturer warranty terms.
No oral statement, sales discussion, website description, advertisement, rendering, text message, or informal communication modifies the accepted project documents unless included in a written document signed or accepted by both parties.
22. GOVERNING LAW
This Addendum shall be governed by the laws of the State of Michigan, without regard to conflict-of-law rules. Exclusive venue for any dispute shall be in the state or federal courts located in Oakland County, Michigan, and Customer consents to personal jurisdiction in such courts, unless otherwise required by applicable law or agreed in writing.
23. SEVERABILITY
If any provision of this Addendum is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent as closely as possible.
24. CUSTOMER ACKNOWLEDGEMENT
Customer acknowledges and agrees that: (a) Customer has reviewed the accepted quote and this Addendum; (b) Customer understands that Sauna Bath is not the manufacturer of third-party products; (c) Customer understands that Sauna Bath provides no independent product warranty except to the extent expressly required by law or expressly stated in writing; (d) Customer understands that manufacturer warranties are passed through only to the extent available and applicable; (e) Customer understands that Customer is responsible for site location, permits, zoning, HOA approval, and governing-body requirements unless Sauna Bath expressly agrees otherwise in writing; (f) Customer understands that product-specific addenda may apply depending on the sauna type, heater type, location, or installation conditions; (g) Customer understands that Customer is responsible for safe use and ongoing maintenance after installation; (h) Customer has had the opportunity to ask questions before accepting the quote or paying any deposit; (i) Customer has had the opportunity to consult with legal counsel before accepting this Addendum; and (j) Customer accepts this Addendum through any of the actions described in Section 2.
ACCEPTANCE
By signing below, each party agrees to be bound by the accepted quote and all pricing, product, and other terms set forth on the first page of this document, which is incorporated herein by reference, and by all other terms of this document, including the attached Standard Sales, Installation, Indemnity & Customer Responsibility Addendum (the "Addendum") and any applicable product-specific addenda made available to Customer prior to or at the time of acceptance. Sauna Bath Company, LLC is identified in Section 1 of the Addendum, and the Customer/Owner is the party signing as Customer below. Signing is the preferred method of acceptance and is in addition to, and does not limit, the methods described in Section 2 of the Addendum, and does not waive any non-waivable legal right or any implied warranty preserved under Sections 11 and 12A. ACKNOWLEDGMENT. Customer acknowledges that Customer has read and understands the Addendum, including its warranty disclaimers, customer responsibilities, use, release, indemnity, and limitation-of-liability provisions, and had the opportunity to consult legal counsel before signing, as set forth in Section 24. NEGLIGENCE, RELEASE, INDEMNITY, AND LIABILITY-LIMIT ACKNOWLEDGMENT. Customer acknowledges that Customer has read, understands, and voluntarily agrees to the release, indemnity, and limitation-of-liability provisions in Sections 15, 16, and 17. Customer understands that, to the maximum extent permitted by applicable law, Customer releases claims based on the ordinary negligence of Sauna Bath and the released parties, but does not release claims for Sauna Bath’s willful misconduct or gross negligence, and is not required to indemnify Sauna Bath for Sauna Bath’s own negligence, willful misconduct, or gross negligence.
ACKNOWLEDGED AND ACCEPTED:
Customer Signature: ___________________ Sauna Bath Representative: _____________________
Printed Name: ________________________ Printed Name / Title: ____________________________
Date: _______________________________ Date: ________________________________________
Installation Address: ___________________
Phone: _____________________________
Email: ______________________________
Customer Acceptance of Delivery Checklist
PROJECT INFORMATION
Customer / Project Name: _______________________________
Installation Address: _______________________________
Completion Date: _______________________________
This Customer Delivery and Acceptance Checklist (this "Checklist") is delivered pursuant to Section 19 of the Standard Sales, Installation, Indemnity & Customer Responsibility Addendum (the "Addendum") and is incorporated into and governed by the Addendum. Capitalized terms used but not defined in this Checklist have the meanings given in the Addendum.
1. CONFIRMATION OF COMPLETION
Customer confirms that Sauna Bath has achieved Completion of the products and installation services described in the accepted quote or written scope as of the Completion Date stated above, subject only to the exceptions and punch-list items noted in Section 3 of this Checklist.
2. RECEIPT OF PRODUCTS, EQUIPMENT, AND DOCUMENTS
Customer confirms receipt of the products, equipment, and documents listed below (check all that apply or mark "N/A"):
Sauna unit and components
Heater, controls, and accessories
Manufacturer documents (installation, use, safety, maintenance, and warranty materials)
3. EXCEPTIONS AND REMAINING PUNCH-LIST ITEMS
The following items, if any, are noted as exceptions or remaining punch-list items as of the Completion Date (write "None" if none):
4. INSPECTION AND OBJECTION WINDOW
Customer acknowledges that, under Section 19 of the Addendum, Customer shall inspect the completed sauna unit promptly following the Completion Date and report any incomplete, non-conforming, or defective item in the contracted installation work to Sauna Bath in writing within seven (7) days after the Completion Date. Items not reported within this period are deemed accepted solely for purposes of identifying punch-list and final-payment items.
5. COMMENCEMENT OF WARRANTY PERIOD
Customer acknowledges that the Completion Date marks the commencement of the inspection-and-objection window described above and of any separate written workmanship warranty issued under Section 12A of the Addendum.
6. EFFECT OF SIGNATURE; RESERVATION OF RIGHTS
Customer's signature on this Checklist evidences receipt the visible status of the project as of the Completion Date. This Checklist does not waive any non-waivable legal right, any implied warranty preserved under Sections 11 and 12A of the Addendum, or any claim for latent defects not reasonably discoverable upon inspection. In the event of any conflict between this Checklist and the Addendum, the Addendum controls in accordance with Section 21 of the Addendum.
ACKNOWLEDGED AND ACCEPTED:
Customer Signature: ___________________ Sauna Bath Representative: ______________________
Printed Name: ________________________ Printed Name / Title: ____________________________
Date: _______________________________ Date: ________________________________________
Wood Burning Sauna Stove Addendum
WOOD-BURNING SAUNA STOVE SAFETY, ASSUMPTION OF RISK & PRODUCT-SPECIFIC ADDENDUM
PROJECT INFORMATION
Customer / Project Name: ________________________________________
Installation Address: ________________________________________
STOVE / EQUIPMENT, CHIMNEY-SYSTEM DETAILS
Model(s): ________________________________________
Serial No.(s) / Lot No.(s): ________________________________________
1. PURPOSE AND INCORPORATION
The Owner (the Customer/Owner under the Standard Addendum) has purchased and/or contracted for the sale and/or installation of a wood-burning sauna stove (the "Stove") from Sauna Bath Company (the "Seller/Installer"). This Wood-Burning Sauna Stove Safety, Assumption of Risk & Product-Specific Addendum, together with any exhibits attached hereto (collectively, this "Agreement"), sets forth the terms governing the Stove purchase and installation. As used in this Agreement, "Stove System" means the Stove together with the chimney system, connector pipe or stovepipe, flashing, roof-support components, support and bracing components, shielding, enclosure, and all other venting-related components installed or supplied in connection with the Stove. The Owner acknowledges that the operation of a wood-burning sauna stove involves open flame, elevated temperatures, combustion byproducts, and that safe performance depends not only on the Stove itself but also on the chimney system, connector or stovepipe, flashing, roof-support, support and bracing components, roof and wall penetrations, shielding or enclosure details, required clearances, combustion-air conditions, and other venting-related components and site conditions. The purpose of this Agreement is to (a) ensure the Owner understands those risks; (b) confirm receipt, before sale and/or installation, of applicable manufacturer safety, installation, use, maintenance, inspection, troubleshooting, and warranty documentation for the Stove and for the chimney system and stovepipe, together with any Seller/Installer safety materials; (c) define the respective responsibilities of each party, including responsibility for site conditions, maintenance, and prohibited uses.
1.1 RELATIONSHIP TO STANDARD ADDENDUM; ORDER OF PRECEDENCE. This Addendum is a product-specific addendum that supplements, and is subordinate to, the Standard Sales, Installation, Indemnity & Customer Responsibility Addendum (the "Standard Addendum"). In the event of any conflict between this Addendum and the Standard Addendum, the order of precedence in Section 21 of the Standard Addendum governs and controls. This Addendum establishes no separate rule of interpretation or tie-breaker, and no provision of this Addendum shall be construed to resolve a conflict in favor of the provision most protective of Sauna Bath or the Seller/Installer parties or otherwise contrary to Section 21 of the Standard Addendum. The negligence-allocation provisions referenced in Section 16 of the Standard Addendum apply as provided therein.
2. ACKNOWLEDGMENT OF INHERENT RISKS
The Owner acknowledges that the use of a wood-burning sauna stove involves inherent risks, including the following:
(a) Burns and fire hazards resulting from contact with hot surfaces, open flames, sparks, embers, or overheated materials.
(b) Carbon monoxide (CO) poisoning or exposure to other combustion gases if ventilation, flue, connector pipe or stovepipe, or chimney systems are inadequate, blocked, damaged, improperly sized, mismatched to the stove flue collar, improperly supported, lacking required roof-support or bracing, improperly flashed, improperly enclosed, improperly terminated, affected by excessive offsets, adversely affected by insufficient chimney diameter, height, or draft, or otherwise planned or installed contrary to the applicable manufacturer documents, warranties, and recommendations, including any applicable Selkirk chimney-system planning materials.
(c) House or structure fire caused by improper operation, fuel type, clearance violations, failure to maintain required separation distances from combustible materials, improper shielding or enclosure, defective or improperly installed chimney or connector components, or improper roof or wall penetration, flashing, roof-support, support box, firestop, attic-insulation shield, joist shield, storm-collar, wall-band, roof-bracing, or termination details.
(d) Structural or property damage arising from heat, smoke, soot, moisture intrusion, or fire.
(e) Overheating of the sauna interior leading to heat exhaustion, dehydration, heat stress, or heat stroke.
(f) Injury or damage resulting from improper loading of wood, overloading the firebox, use of accelerants, or use of fuel not permitted by the manufacturer.
(g) Injuries to minors, guests, or other third parties who access or use the sauna or Stove System without proper supervision or instruction.
(h) Risks arising from modification, alteration, substitution, relocation, repair, or tampering with the Stove, chimney system, connector pipe or stovepipe, flashing, roof-support components, shielding, enclosure, or venting components, except as expressly authorized in writing by the manufacturer.
(i) Risks arising from failure to follow applicable manufacturer installation, operation, use, maintenance, inspection, and warranty documents for the Stove and for the chimney system and stovepipe, manufacturers documents, and any written operating or safety guidance provided by Sauna Bath.
OWNER UNDERSTANDS AND EXPRESSLY ASSUMES THESE INHERENT RISKS AS A CONDITION OF OWNING, OPERATING, OR ALLOWING USE OF THE STOVE SYSTEM
Owner Initials: ____________
3. OWNER OPERATION, MAINTENANCE, AND SAFETY DUTIES
Owner is responsible, after delivery and/or installation of the Stove and chimney system, for the safe operation, supervision, inspection, and maintenance of the Stove System, including the following duties:
(a) Reading, retaining, and following all applicable manufacturer installation, operation, use, maintenance, inspection, and warranty documentation for the Stove and for the chimney system and stovepipe, Seller/Installer documents, installation guides, operating instructions, maintenance requirements, troubleshooting materials, and warranty conditions before first use and thereafter.
(b) Ensuring that the flue, chimney, connector pipe or stovepipe, firebox, ashpan, flashing, storm collar, roof-support package or support box, firestop, attic-insulation shield, joist shield, radiation shield, wall bands if applicable, chase, shielding or enclosure components for chimney sections passing through accessible areas, roof braces, chimney cap, spark arrestor if any, cleanout components, and related venting components are inspected, cleaned, and maintained at the intervals recommended by the applicable manufacturer and code, and in all events at least once per year, or more frequently if the Stove is used heavily.
(c) Using only the fuel, stones, and firing practices permitted by the manufacturer. Without limitation, the Owner agrees not to burn treated wood, painted wood, trash, garbage, construction debris, liquids, accelerants, household waste, charcoal, coal, pellets, or any other fuel or material not recommended by the manufacturer, and not to use ceramic heater stones except where expressly permitted by the applicable manufacturer documentation.
(d) Maintaining all required clearances, floor and wall protections, shielding, enclosure details, support requirements, chimney diameter and height requirements, offset limitations, roof pitch and roof-penetration details, flashing details, sizing compatibility, enclosure requirements, chimney roof-support and roof-bracing requirements, and all clearances to combustible materials, termination requirements, and separation distances specified in the applicable manufacturer documents, Seller/Installer documents, and applicable code.
(e) Never leaving the Stove unattended while a fire or hot embers are present, and fully extinguishing the fire and embers as required for safe shutdown. The Owner further acknowledges and agrees that, if the Owner nonetheless chooses to leave the Stove unattended while an active fire is burning or hot embers are present, the Owner does so at the Owner's sole risk and assumes all liability, claims, losses, and damages arising from or relating to that decision. This assumption of risk is in addition to, and consistent with, the Owner's assumption of inherent risks set forth in Section 2 (Acknowledgment of Inherent Risks).
(f) Keeping an accessible fire extinguisher in or immediately adjacent to the sauna area.
(g) Supervising children and other users and preventing unsupervised or improper access to the Stove System.
(h) Discontinuing use and promptly seeking appropriate service from the Seller/Installer or a qualified professional if any defect, damage, unusual odor, excessive smoke, draft problem, water intrusion, or malfunction is observed.
(i) Not modifying, altering, relocating, overfiring, disconnecting, reconnecting, repairing, or replacing any part of the Stove, chimney system, connector pipe or stovepipe, flashing, roof-support, support or bracing components, shielding, enclosure, or venting components, except as expressly authorized in writing by the Seller/Installer and permitted by the applicable manufacturer documents.
(j) Inspecting the Stove stones regularly and re-stacking, resetting, and replacing damaged or deteriorated stones as required by the manufacturer's instructions and warranty conditions, including at least annually during normal residential use and more frequently for heavy, institutional, or professional use if required by the applicable manufacturer documentation.
(k) Maintaining the sauna room, surrounding structure, combustion-air pathways, floor protection, wall and ceiling finishes, roof and wall penetrations, shielding or enclosure assemblies, chase conditions, and all other site conditions affecting safe Stove and chimney-system operation in compliance with the applicable manufacturer documents and codes, and not storing combustible materials within prohibited clearance areas.
Any unauthorized modification, alteration, relocation, disassembly, reconnection, substitution, repair, or tampering with the Stove System is at Owner's sole risk, may create unsafe conditions, and may void applicable manufacturer warranties and any separate express workmanship warranty to the maximum extent permitted by law.
4. NO MODIFICATION OR ALTERATION OF STOVE SYSTEM
Owner shall not, and shall not permit any other person to, modify, alter, relocate, disconnect, reconnect, extend, shorten, substitute, reconfigure, repair, or tamper with the Stove, chimney, stovepipe, venting path, termination assembly, support components, shielding, enclosure components, roof-penetration components, adapters, connectors, or any related part of the installation.
5. MANUFACTURER DOCUMENTS AND PRODUCT INFORMATION
Owner acknowledges receipt of, or the opportunity to receive, applicable manufacturer documents for the Stove System, which may include owner's manuals, installation instructions, operating instructions, maintenance schedules, troubleshooting materials, and warranty information. Owner understands that Sauna Bath is not the manufacturer of third-party stove, chimney, or venting products and does not provide any independent product warranty except as separately required by law or expressly stated in writing.
6. POST-DELIVERY / POST-INSTALLATION CONDITION
Owner acknowledges that the visible condition of the Stove System and surrounding accessible areas at delivery, completion, or handoff—including the Stove, chimney system, venting, flashing, roof-support, shielding, and enclosure components—may be documented by Sauna Bath in a Customer Acceptance of Delivery Checklist, with photographs or other internal records attached to or maintained with that Checklist. Such records may evidence the apparent condition of the installation on the date of handoff, without limiting any non-waivable right or any separate express workmanship warranty that may apply. Any broader indemnity obligations of the parties are governed by the Standard Sales, Installation, Indemnity & Customer Responsibility Addendum.
7. NO MECHANICAL, SITE, OR CODE CERTIFICATION
Unless Sauna Bath expressly agrees otherwise in a separate writing signed by Sauna Bath, Sauna Bath does not provide mechanical engineering, mechanical contracting, HVAC, plumbing, gas-piping, structural engineering, architectural, site-selection, surveying, code-consulting, permit-expediting, inspection, or legal-compliance certification services with respect to the Stove System, the Stove and related services, or the installation site. Sauna Bath does not certify final site conditions, governing-body approval, lawful use, code compliance, readiness for use, or the work of third parties. Owner remains responsible for site conditions, permits, inspections, governing-body approvals, and code compliance to the extent stated in the Standard Sales, Installation, Indemnity & Customer Responsibility Addendum and the accepted quote.
Nothing in this Agreement, the Standard Addendum, or any product-specific addendum is intended to waive, reduce, or replace any building-code, fire-code, mechanical-code, electrical-code, chimney, venting, permitting, inspection, manufacturer-listing, manufacturer-installation, or authority-having-jurisdiction requirement applicable to the project. The parties’ allocation of responsibility for satisfying those requirements is contractual only and does not excuse either party from complying with any non-waivable legal requirement applicable to that party’s work, products, services, or conduct.
8. ALLOCATION OF PRODUCT LIABILITY
The parties acknowledge and agree that liability for risks arising under this Agreement is allocated as follows:
(a) The applicable stove manufacturer bears responsibility for claims arising from defects in the design, manufacturing, or materials of the Stove, subject to the terms of the Manufacturer's Warranty attached as Exhibit A; (b) the Seller/Installer bears responsibility solely for claims arising directly from defects in its installation workmanship, subject to the negligence-allocation provisions, including the gross negligence and willful misconduct carve-out, in Section 16 of the Standard Sales, Installation, Indemnity & Customer Responsibility Addendum; and (c) the Owner bears responsibility for all claims arising from operation, maintenance, modification, or misuse of the Stove as set forth in Sections 2 and 3. This Agreement does not release, limit, or affect the Owner's ability to pursue the manufacturer directly for any product liability or warranty claim.
9. RELEASE, LIMITATION OF LIABILITY, AND INDEMNIFICATION
(a) RELEASE OF ORDINARY NEGLIGENCE. TO THE FULLEST EXTENT PERMITTED BY MICHIGAN LAW, THE OWNER HEREBY RELEASES, WAIVES, AND DISCHARGES THE SELLER/INSTALLER AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS (COLLECTIVELY, THE "SELLER/INSTALLER PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, COSTS, AND LIABILITIES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH ARISING OUT OF OR RELATING TO THE STOVE SYSTEM OR ITS OPERATION, MAINTENANCE, OR USE, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE SELLER/INSTALLER PARTIES. THIS RELEASE DOES NOT APPLY TO, AND THE OWNER DOES NOT RELEASE, CLAIMS ARISING FROM THE SELLER/INSTALLER PARTIES' GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT, OR ANY LIABILITY THAT MAY NOT LAWFULLY BE WAIVED.
(b) LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SELLER/INSTALLER PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE STOVE SYSTEM, OR THE SALE AND/OR INSTALLATION SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE OWNER TO THE SELLER/INSTALLER FOR THE STOVE AND INSTALLATION SERVICES. IN NO EVENT SHALL THE SELLER/INSTALLER PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOSS OF USE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT OR TO ANY LIABILITY THAT MAY NOT LAWFULLY BE LIMITED, AND NOTHING IN THIS SECTION LIMITS THE OWNER'S NON-WAIVABLE RIGHTS UNDER THE MAGNUSON-MOSS WARRANTY ACT OR APPLICABLE STATE WARRANTY LAW AS DESCRIBED IN SECTION 11.
(c) INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE SELLER/INSTALLER PARTIES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, SUITS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH ARISING OUT OF OR RELATING TO THE OWNER'S OPERATION, SUPERVISION, MAINTENANCE, MODIFICATION, OR MISUSE OF THE STOVE SYSTEM, THE OWNER'S BREACH OF THIS AGREEMENT, OR THE OWNER'S FAILURE TO PERFORM THE DUTIES SET FORTH IN SECTIONS 2 AND 3. THE OWNER IS NOT REQUIRED TO, AND DOES NOT, INDEMNIFY THE SELLER/INSTALLER PARTIES FOR CLAIMS TO THE EXTENT CAUSED BY THE SELLER/INSTALLER PARTIES' OWN NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL OR WANTON MISCONDUCT, OR BY DEFECTIVE INSTALLATION WORKMANSHIP. This Section 9 supplements, and is subordinate to, the indemnity and limitation provisions of the Standard Sales, Installation, Indemnity & Customer Responsibility Addendum; in the event of any conflict regarding the allocation of liability for negligence, the negligence-allocation provisions of Section 16 of the Standard Addendum govern, and any such conflict shall be resolved under the order of precedence in Section 21 of that Addendum.
OWNER'S ACKNOWLEDGMENT: BY INITIALING BELOW, THE OWNER ACKNOWLEDGES THAT THE OWNER HAS READ, UNDERSTANDS, AND VOLUNTARILY AGREES TO THE ASSUMPTION OF INHERENT RISKS IN SECTION 2 AND THE RELEASE, LIMITATION OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN SECTION 9, INCLUDING THE RELEASE OF CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE SELLER/INSTALLER PARTIES. THE OWNER IS NOT REQUIRED TO INDEMNIFY THE SELLER/INSTALLER PARTIES FOR THEIR OWN NEGLIGENCE, AND THESE PROVISIONS DO NOT WAIVE CLAIMS FOR GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT OR ANY NON-WAIVABLE RIGHTS.
Owner Initials: ____________
10. CUSTOMER ACCEPTANCE OF DELIVERY CHECKLIST
If the Owner is unavailable or declines to sign the Customer Acceptance of Delivery Checklist documenting the final condition and handoff of the Stove System, the Seller/Installer may complete the Customer Acceptance of Delivery Checklist unilaterally, note the reason no Owner signature was obtained, and deliver a copy to the Owner with the closeout materials, and such Customer Acceptance of Delivery Checklist shall remain admissible as a business record of the Seller/Installer's installation closeout process; provided, however, that no such unilateral Customer Acceptance of Delivery Checklist shall waive or impair any non-waivable right or remedy of the Owner under applicable law.
11. RECEIPT OF SAFETY DOCUMENTATION AND COMPONENT WARRANTIES
The Owner acknowledges and confirms that, before the sale and/or installation completion of the Stove, the Owner received the applicable manufacturer safety, installation, operation, use, maintenance, inspection, and warranty documents for the Stove and, as applicable, separate manufacturer documents and warranties for the chimney system and stovepipe, together with, as applicable, any Seller/Installer safety and operating materials, including the documents checked below:
☐ Applicable manufacturer installation, operation, use, maintenance, inspection, and warranty documents for the Stove
☐ Chimney-system warranty and chimney / stovepipe installation guide
12. DOCUMENTS, PRODUCT WARRANTIES, AND OWNER ACKNOWLEDGMENT
The Owner acknowledges that the Stove is subject to the manufacturer’s limited warranty only, the terms of which are contained in the accompanying owner’s manual and are attached hereto as Exhibit A (“Manufacturer’s Warranty”). The Seller/Installer makes no independent warranty regarding the Stove’s components, performance, or longevity beyond the Seller/Installer’s workmanship warranty, if any, provided separately in the installation contract. Misuse, unauthorized modification, or failure to perform required maintenance may void the Manufacturer’s Warranty, and the Seller/Installer shall have no liability in such circumstances. Nothing in this Agreement shall be construed to limit, waive, or otherwise affect the Owner’s rights against the manufacturer with respect to product defects, manufacturing failures, or any other claims arising from the design or manufacture of the Stove, as distinct from the Seller/Installer’s installation workmanship.
If applicable federal or state warranty law, including the Magnuson-Moss Warranty Act, applies to the Stove, chimney system, connector pipe, stovepipe, flashing, roof-support, venting, or any related component or service, this Agreement shall be interpreted and enforced in a manner consistent with such law. No provision of this Agreement disclaims, limits, modifies, or waives any warranty, remedy, disclosure obligation, notice requirement, or other right that may not lawfully be disclaimed, limited, modified, or waived. If any provision conflicts with such law, the conflicting provision shall be superseded only to the minimum extent necessary to preserve the Owner’s non-waivable rights and remedies, and the remainder of this Agreement shall remain in full force and effect.
13. GOVERNING LAW & SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent.
EXHIBIT A — MANUFACTURER'S LIMITED WARRANTY. [Applicable manufacturer owner's manual warranty section or standalone warranty document here. The Seller/Installer shall ensure that a complete copy of the applicable Manufacturer's Warranty is provided to the Owner at the time of signing. Failure to attach this Exhibit shall not affect the validity of the remaining provisions of this Agreement, and the Seller/Installer shall use commercially reasonable efforts to provide the Owner with a copy of the Manufacturer's Warranty prior to or at the time of first use of the Stove.]
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.
14. VOLUNTARY EXECUTION & ACKNOWLEDGMENT
By signing below, Owner acknowledges receipt of this Addendum, understands that wood-burning sauna equipment involves inherent risks, and agrees to the operation, maintenance, and no-modification responsibilities described above.
ACKNOWLEDGED AND ACCEPTED:
Customer Signature: _________________________ Sauna Bath Representative: ___________________________
Printed Name: ______________________________ Printed Name / Title: _________________________________
Date: _____________________________________ Date: ______________________________________________