RELEASE OF LIABILITY
This express assumption of risk, release of liability, waiver of claims and indemnity agreement (the “Release”) is entered into by the undersigned in favor of Elegantly Modest and Moyosore A. S. Buari and their respective directors, shareholders, members, managers, officers, employees and agents (collectively the “Released Parties” and each a “Released Party”). In consideration for my committing to participate in the well-being coaching and or consulting services, I acknowledge and agree as follows:
1. Acknowledgement of Risky Activity: I acknowledge that there are certain dangers and intrinsic risks inherent in making lifestyle changes including but not limited to include changing dietary habits, trying new foods, changing physical exercise habits, morning and evening routines, communication techniques, and mindset practices, including musculoskeletal injury, spinal injuries, abnormal blood pressure responses, respiratory distress, illness, nausea, allergy response, soreness, and in very rare circumstances heart attack or death. I recognize that even the best-trained coach cannot control or foresee every outcome and that these outcomes are unpredictable. I understand that while Company and Coach do everything they can to minimize these risks and ensure my safety, and while such severe outcomes are unlikely, these outcomes cannot be controlled, and there is a risk of bodily harm by participating in the well-being coaching and or consulting services.
2. Assumption of Risk: Understanding the risk involved, I voluntarily choose to participate in the Program and expressly assume any and all associated risks, including but not limited to the risk of injury or death. I accept full and complete responsibility for my safety and for the decisions I make during and after the well-being coaching and or consulting services. I indemnify the Released Parties against any claims for damages directly or indirectly resulting from behavioral changes, lifestyle changes, and any decisions I make during and after the well-being coaching and or consulting services.
3. Personal Responsibility: I understand that it is my responsibility to take care of myself, to seek the advice of my physician or another qualified health care professional before and during the well-being coaching and or consulting services regarding any questions or concerns I have about my specific mental or physical health issues, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications I am currently taking, to not disregard professional medical advice or delay seeking professional advice or stop taking any medications without speaking to my physician or health care professional. I also agree that it is my responsibility to disclose any health conditions that may affect me during the well-being coaching and or consulting services, both mental and physical, known or suspected food allergies or sensitivities, any physical limitations that may impact my breathing or movement, or any other health or mental condition that may affect or be affected during the the well-being coaching and or consulting services. I take full responsibility for these actions, and release Company and Coach from all claims resulting from my failure to adhere to this Section. I understand that Company and Coach are in no way responsible for my failure to disclose pertinent information about me, my health conditions, or other conditions that will affect me during the well-being coaching and or consulting services, and that Company and Coach do not provide licensed healthcare or therapy services. I release Company and Coach of any and all liability for any damages, injuries, illness, or any other issues that ensue as a result of my failing to adhere to this section, failing to listen to my healthcare providers, or failing to disclose pertinent information to Company and Coach that can affect the administration of the well-being coaching and or consulting services. I understand that taking the above-mentioned actions will help ensure, to the extent possible, my own safety.
4. Release and Waiver of Claims: On behalf of myself, my heirs, successors in interest, guardians, legal representatives, personal representatives and assigns, and to the extent permitted by law, I hereby release and forever discharge the Released Parties, jointly and severally, from all claims, actions, demands, rights, causes of action and liabilities, in law or in equity, whether my own or derivative claims, based upon any bodily injury or disability, illness or disease, death, financial loss, property loss, or other harm of whatever nature, whether foreseen or unforeseen that may be suffered or sustained by me or by any other person as a direct or indirect consequence of my participation in the well-being coaching and or consulting services, whether caused by the negligence of Released Parties or otherwise, provided however, nothing contained herein shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me.
5. Promise Not to Bring Suit: I hereby agree that I, my heirs, successors in interest, guardians, personal representatives, legal representatives and assigns will not bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them, either in my name or their own name, for any loss or damage arising or resulting directly or indirectly from my participation in the well-being coaching and or consulting services in accordance with this Release, unless otherwise provided for in the Agreement.
6. Indemnification: I agree to indemnify, defend and hold harmless each of the Released Parties from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses, including but not limited to attorneys’ fees arising from or in connection with my breach of this Release or the injury, illness or death of myself or any person which results, directly or indirectly, from my participation in the well-being coaching and or consulting services, whether during or after the completion of the well-being coaching and or consulting services.
7. Jurisdiction: The terms of this Release shall be governed by and interpreted in accordance with [your state] law. I understand that the terms of this Release mean that I am waiving certain important rights that I may otherwise have under the law.
8. Severability: I agree that this Release is intended to be as broad and inclusive as is permitted by [your state] law. If any portion of this Release is determined to be invalid, illegal, or unenforceable, the remaining terms of this Release shall not be affected or impaired in any way and shall continue in full force and effect.
9. Representations and Warranties: I hereby warrant that:
a. I HAVE VOLUNTARILY EXECUTED THIS RELEASE OF MY AND OR MY ORGANIZATION'S OWN FREE WILL WITHOUT DURESS OR PRESSURE FROM ANY PERSON.
b. I AM OVER THE AGE OF 18.
c. I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS RELEASE I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN THE EVENT OF INJURY, OR DEATH. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION OF CLAIMS.
d. I HAVE READ THIS RELEASE CAREFULLY, AND FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. MY SIGNATURE BELOW ACKNOWLEDGES THAT I HAVE HAD THE OPPORTUNITY TO CAREFULLY READ THE ENTIRE RELEASE AND TO HAVE MY QUESTIONS ANSWERED TO MY SATISFACTION.