Assumption of Risk, Waiver, and Release
This Agreement is made between Digesting Wellness LLC (“Practitioner” "me" or “we”) and you (“Participant” or “you”) on behalf of yourself, your heirs, personal representatives, guests you bring to events held by Practitioner, and/or assigns.
You legally agree to the following:
DISCLAIMER:
This Program is being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that we are not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice, nor is it intended to replace the expertise, care, judgment or guidance of your own medical or mental health practitioners, clergy members, accountants, attorneys or financial advisors. It does not, nor is it intended to, provide medical nutrition therapy, psychotherapy, psychological counseling, behavioral health, or a personalized assessment of macronutrients or micronutrients. This Program shares general information, not personalized recommendations. It is not preventing, treating, curing any medical or mental health disease, condition or ailment. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. If you are currently under the care of a medical or mental health practitioner or currently uses prescription medications, do not make any dietary changes or start or stop taking any dietary supplements or medications because of anything you have read or received through this Program without first consulting with your doctor. Any recommendation of any product or supplement mentioned in or through this Program is offered for educational purposes, and you agree to check with your own medical professional before using any of these products or supplements on, in or near your body in any way. You understand that the statements, information, supplements or products provided in or through this Program have not been evaluated by the Food and Drug Administration (“FDA”).
The Program may require physical exertion, which may be strenuous and may cause physical injury, and you are fully aware of the risks and hazards involved in participating in any Program and assume full responsibility for any and all injuries or damages, which are sustained or aggravated by you in relation to the Program; As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.
You understand that the Program may involve breathwork that includes prolonged hyperventilation. You agree you have no medical or physical condition that would prevent you from full participation in the Program. You do not have any physical or mental condition that would put you in any physical or medical danger and have not been instructed by a physician to not participate in physical exercise or breathwork. You are not on any medications or substances that would interfere with your participation.
You are aware of the contraindications:
1 Epilepsy
2 Detached retina
3 Glaucoma
4 Prior diagnosis by a healthcare professional of bipolar or schizophrenia
5 Osteoporosis that is serious enough whereby moving around actively could cause potential issues.
6 High blood pressure that is not controlled with medications
7 Pregnancy
8 Cardiovascular disease and/or it regularities including prior heart attack
9 Family history of aneurysms
10 Hospitalization for any psychiatric conditions or emotional crisis
11 Strokes, seizures, TIAs or other brain/neurological conditions or disease
12 Any other medical conditions which would impair or affect ability to engage in any activities that involve intense physical and/or emotional release
If you have any chronic disabilities, contraindications, or conditions, you are at risk to participate in any Programs and should not be participating in any Programs.
You knowingly and voluntarily release, indemnify, hold harmless and covenant not to sue Digesting Wellness LLC, their respective officers, directors, employees, agents, venue location holders, or volunteers for any damages, bodily injury, medical issues, or psychological stress arising out of or in any way related to your participation in the Programs.
You have been urged to avoid bringing valuables onto the Property and that neither Digesting Wellness LLC nor the venue shall be liable for the loss of, or damage to your personal property.
You agree to abide by any etiquette guidelines provided by Digesting Wellness LLC and understand that you may be removed from a Program for acting in an inappropriate or unsafe manner.
LIMITATION OF LIABILITY, INDEMNIFICATION, AND RELEASE OF CLAIMS:
While every effort has been made to present the most accurate research and information in this Program to date, you understand and agree the information in this Program is for informational and educational purposes only. Because research and information changes frequently, you agree that we and any venues we host events at are not liable for the accuracy, errors or omissions of statements contained in the Program. You agree that the information included in this Program is not, nor should be, a substitute for personalized health care, medical, mental health, financial, legal or religious advice of any kind. Recognizing that the information that you request or receive through this Program, including Program materials, products, and any other information you have received from or through this Program is purely informational and educational, you agree that you fully and completely hold harmless, indemnify and release us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may claim to have against me in the future that may arise from your participation in the Program to the fullest extent permitted by applicable law. You agree to hold me (Practitioner), any of our collaborators, and any venues we host events at free of all liability and responsibility for any actions or results with actual or perceived adverse effects that you claim were created as a direct or indirect result of specific information or recommendations that you have received through this Program.
MEDIA RELEASE:
By participating in our Program, you consent to our use of comments, photographs, videos, and/or audio recordings containing your image, voice, text and/or likeness provided in any aspect of the Program, including through social media. You understand that these postings and/or recordings may or will be shared with potential clients or other clients who have purchased our Program.
FORCE MAJEURE:
In the event that any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for me to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, we will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.
GOVERNING LAW:
This Agreement shall be construed according to the laws of the State of Virginia where my principal place of business is located.
DISPUTE RESOLUTION:
Should we ever have a conflict, it is hoped that we could work it out amicably. However, if we are unable to seek resolution through good-faith negotiation within 30 days, we agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing or otherwise provided by law. You understand and agree now that the only monetary damages that can be awarded to you through arbitration is the full refund of your Payment made to date. No other financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in Arlington County in the State of Virginia where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
MUTUAL NON-DISPARAGEMENT:
Should you have any questions or concerns about the Program or me, you agree now to contact me directly in a mature and professional way rather than to publicly make any negative or critical comments about the Program, my business or me through social media or otherwise. We both agree now not to communicate with any other individual, company or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Program, me, my business, my employees, contractors or agents, other participants. In arbitration or when required by law, of course, we are not prohibited from publicly sharing our thoughts and opinions.
You have read this Assumption of Risk, Waiver and Release and fully understand its terms, and further acknowledge that you are giving up substantial rights, including your right to sue Digesting Wellness LLC and/or the venue.
If you have any questions about this Disclaimer, please contact mallory@miamisomatictherapy.com.