ONLINE WAIVER OF LIABILITY, RELEASE AND INDEMNITY
You, (the “Participant”), have voluntarily enrolled in a meditation, sound bath and/or movement Program (the “Program”), facilitated by coach Natalie Matias and/or her contractors, agents, employees or volunteers (“Coaches”). You recognize that the Program may involve physical activity including, but not limited to, mobility, stretching and other various forms of movement. You may also be exposed to sounds of various frequency and volume, periods of stillness, mental focus and visualization.
In consideration of being allowed to participate in the Program, you hereby represent that you (a) have no medical or physical condition that would prevent you from properly using the Program or any prescribed movement, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in meditation, mobility, sound baths or similar Programs. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in the Program and should get an expert medical opinion before participating in the Program.
VOLUNTARY ASSUMPTION OF RISK
In consideration of being allowed to participate in the Program, you hereby agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Program. You understand and are aware that meditation, sound bath, flexibility, mobility and all physical exercise are potentially hazardous activities. You also have been informed, understand, and are aware that the Program activities involve a risk of serious injury. These risks include but are not limited to hearing loss, bruising, dizziness, fainting, skeletomuscular injuries (for example muscle tears or broken bones), cardiovascular issues (for example irregular heartbeat, heart attack, or death) and any other injury resulting from exercise, whether or not the injury came as a result of the negligence of yourself, negligence of others at the location of using the Program, or negligence of the Program facilitators. You are voluntarily participating in the Program and using any techniques with full knowledge, understanding, and appreciations of the dangers involved. You acknowledge that Natalie Matias strongly recommends that you go at your own pace, listen to your body and consult with your physician prior to commencing any Program.
WAIVER OF LIABILITY, RELEASE AND INDEMNITY
By clicking the acknowledgement field below or providing an electronic signature and purchasing the Program, you hereby release, indemnify and hold harmless Natalie Matias and all of her partners, agents, employees, contractors, volunteers, successors and assigns (“Released Parties”), from any and all responsibility, claims, actions, costs, liability and expense for any injury, loss or damage whether known, anticipated or unanticipated to the fullest extent allowed by law arising out of or in any way related to participation in the Program.
You hereby release the Released Parties from any liability and damages arising from any loss or damage to property and personal injuries, mental instability or death, however caused including out of negligence of the Released Parties, during your participation in the Program. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Program. You agree that these provisions above apply to you, your family, heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future. You hereby indemnify and hold harmless the Released Parties from any and all liability for any property damage or personal injury to you or to any third party resulting from your participation in the Program.
You understand that Natalie Matias are/or her Coaches are providing the online Program with online content, videos and support for educational purposes only. The meditations and Program content are not intended to be used for medical purposes. It is your responsibility to use the Program safely and to ensure that you are physically, mentally and emotionally stable enough to participate. The meditations and Program content are not to be used while operating heavy machinery or a motor vehicle.
If ever you feel any discomfort, please stop the Program immediately and consult with a registered health care provider.
Except as provided by applicable law, Natalie Matias and her Coaches, provide no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability and non-infringement. Natalie Matias makes no promises or guarantees that your mental state, emotional state, or body will transform or that you will achieve particular results. There is no warranty that the Program will lead to any specific goal or results and no promise that every participant will experience the same results. In fact, every participant may experience different outcomes. You agree and accept that you are the key element to success and lifestyle improvements and that Natalie Matias and/or her Coaches, cannot control the participant but rather are providing a Program to follow. You acknowledge that the services provided in the Program are provided without any express or implied warranties of any kind.
All of the content and materials provided in the Program belong exclusively to the sole owner and creator, Natalie Matias and cannot be infringed upon. You are not authorized to replicate, produce, or distribute any of the content in the Program without express consent. You are strictly prohibited from infringing upon Natalie Matias’s intellectual property, trademarks, trade names, and all unique content and materials.
If you are a minor and under the age of majority in your Province or State, this Agreement must be acknowledged by a parent or guardian on behalf of the minor participant. By acknowledging on a minor’s behalf, the parent or guardian submits that said minor is physically and mentally able to participate in the Program activity. Further, the parent or guardian agrees to indemnify and hold the persons mentioned above free and harmless from any loss, liability, damage, cost, or expense which they may incur as a result of the death, mental instability or any injury or property damage that said minor may sustain while participating in the Program.
If a dispute arises out of, or in connection with this Agreement, you agree to e-mail firstname.lastname@example.org describing your concerns and the relief you seek in order for us to address the issue. If the issue cannot be resolved informally, you agree to meet in person in Toronto, Canada with an objective third party to act as the mediator, to be selected using a roster of mediators, to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation. If the dispute cannot be resolved after 30 days of mediation, and in the event of legal action, the prevailing party shall be entitled to recover all legal fees and court costs from the other party.
This Agreement shall be governed and construed in accordance with the laws of Ontario, CANADA, without giving effect to any principles of conflicts of law. In any judicial proceeding involving a dispute arising from or with respect to this Agreement, the parties agree to submit to personal jurisdiction of the courts located in the city of Toronto, Ontario.
Click the field below or provide your electronic signature to indicate that you have read the entire form, understand its contents and voluntarily agree with all of the terms and conditions stated above.