RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO CLAIM AGAINST CASEY ERIN WOOD AND HER AFFILIATES FOR COMPENSATION
PLEASE READ CAREFULLY!
In consideration of CASEY ERIN WOOD (hereinafter referred to as the “Provider”) permitting the individual named below ("I" or "me”) to participate in the breathwork program and training offered by the Provider (the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
- SCHEDULING AND PAYMENT
I understand and agree that all rates for participation in the Activities are based on the session durations agreed to by me and the Provider and that, should I arrive late for my scheduled session, I will only receive the remaining duration with the Provider.
I understand and agree that the Provider bills its clients on a pre-paid basis. Once I have decided with the Provider upon the package and payment plan that I will purchase, I agree to make payment in full prior to the sessions being conducted.
- APPOINTMENT CANCELLATION POLICY
I understand that the Provider operates on a scheduled appointment basis and I agree to provide no less than forty-eight (48) hours’ notice when I need to cancel an appointment. Should I cancel with forty-eight (48) or more hours’ notice, there shall be no cancellation fee and I will be permitted to reschedule such cancelled appointment without penalty. I understand and agree that should I cancel my appointment with less than forty-eight (48) hours’ notice, there shall be no refund for the missed appointment, and I will not be permitted to reschedule such cancelled appointment.
- ASSUMPTION OF RISKS
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF PROPERTY DAMAGE, SERIOUS INJURY, DEATH. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES, NOTWITHSTANDING THESE ASSOCIATED RISKS. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE PROVIDER OR OTHERWISE.
- RELEASE AND WAIVER OF CLAIMS
I hereby expressly waive and release any and all claims which I have or may in the future have against the Provider and any of her affiliates or their respective, directors, officers, contractors, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Provider or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Provider or any other Releasee, and forever release and discharge the Provider and all other Releasees from liability under such claims.
- INDEMNITY
I agree to hold harmless and to indemnify the Provider and Releasees for any and all claims, losses, damages, liabilities, deficiencies, actions, judgements, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind made against the Provider or any of the Releasees by any person, including by or on behalf of the Releasors, their dependents (present or future) and insurers, for damages suffered or costs incurred arising out of or related to the Activities.
- PARTICIPATION IN ACTIVITIES
I UNDERSTAND THAT BREATHWORK CAN RESULT IN INTENSE PHYSICAL AND EMOTIONAL RELEASE. THEREFORE, IT IS NOT ADVISED FOR PERSONS WHO ARE PREGNANT, TAKING MEDICATIONS OR HAVE ANY MEDICAL CONDITIONS, INCLUDING: CARDIOVASCULAR DISEASE, INCLUDING ANGINA OR HEART ATTACK, HIGH BLOOD PRESSURE, ASTHMA, USE OF A PACEMAKER, GLAUCOMA, RETINAL DETACHMENT, OSTEOPOROSIS, SIGNIFICANT RECENT PHYSICAL INJURIES OR SURGERY, MENTAL ILLNESS, SEIZURE DISORDERS, A PERSONAL OR FAMILY HISTORY OF ANEURYSMS, OR ANY SIMILAR CONDITIONS. I CONFIRM THAT I HAVE BEEN ADVISED BY THE PROVIDER TO CONSULT AND OBTAIN APPROVAL FROM MY PRIMARY CARE PHYSICIAN PRIOR TO PARTICIPATING IN THE ACTIVITIES.
I confirm that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activities. If at any time I believe that I am no longer in proper physical condition to participate in the Activities, I will immediately discontinue further participation in the Activities and will speak with my physician before resuming participation in the Activities. I understand and agree that it is my responsibility to inform the Provider of any conditions or changes in my health, both now and on an ongoing basis, which might affect my ability to participate in the Activities safely and with minimal risk of injury.
I understand that I am not obligated to perform nor participate in any of the Activities that I do not wish to do, and that it is my right to refuse such participation at any time during the Activities.
I know, understand and acknowledge that the Provider is not a physician, psychologist, therapist, or healthcare professional, and the Activities are not intended to treat or diagnose any illnesses, disease or disorders, whether physical, mental, psychological or emotional.
I understand that the Provider may occasionally be required to touch my body in the performance of the Activities. I understand that when I meet with the Provider, they will ask me whether I consent to physical touch for these purposes and I will advise them of whether I will permit this touch. I understand that I can withdraw my consent to this physical touching at any time, for any reason.
I understand that the Provider may record (by way of audio, video or photograph) the Activities and I provide the Provider with the absolute right and permission to do so and to use such recordings for any lawful promotional, advertising, or marketing purpose. I understand and acknowledge that I do not own any such recordings and that any such recordings are the property of the Provider only and that I shall not have any rights to these recordings, in any capacity.
- ENTIRE AGREEMENT AND JURISDICTION
This Agreement constitutes the entire agreement between the Provider and me with respect to the subject matter and my release and waiver of all possible claims against the Provider and the Releasees related to the Activities, and such release and waiver supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Activities and any activity I may undertake during any interaction with the Provider. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Provider and the Releasees, and their successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
If one or more of the provisions of this Agreement shall be invalid, illegal or unenforceable in any respect under Ontario law, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE PROVIDER AND THE RELEASEES.