The individual named below (referred to as “I” or “me“) desires to participate in remote coaching sessions and/or in-person workshops or retreats (collectively, the “Service“) provided or sponsored by Entheos Transformational Coaching, a California corporation (the “Company“). In consideration of being permitted by the Company to participate in the Service and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Agreement“).
I am aware and understand that the Service involves, among other things, issues, information, and content regarding mental and physical health and wellness. I acknowledge and agree that the information and content available in the Service is not intended to be used as medical advice, diagnosis, or treatment of any mental, physical, or medical condition or health problem, and I should seek all such medical advice, diagnosis, or treatment from my physician or mental health professional. My participation in the Service does not create an express or implied physician-patient relationship or counselor-patient relationship between me and the Company or its agents. The Company makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of any information or content available in the Service. The Company does not assume any risk whatsoever for my use of such information or content. In participating in the Service, I agree that the Company shall not be liable or otherwise responsible for any decision made or any action taken or any action not taken due to my use of the information or content available in the Service. The Company does not assume any responsibility for any mental, physical, or medical treatment that I make or obtain using the information or content available in the Service. I assume the risk of the limitations inherent in the information and content available in the Service and understand that no warranty or guarantee is made concerning any particular result. I further acknowledge that profane words and/or topics may arise during my participation in the Service.
By executing this Agreement, I certify that I have made full and complete disclosure of any and all physical and mental conditions which may affect my ability to participate in the Service. I acknowledge I have been informed that the Service may include physically and mentally demanding and stressful activities. I certify that I am physically and mentally competent to decide whether or not to participate in the Service and to participate in the Service. There are no medical or psychological conditions currently afflicting me or which I have experienced in the past that could, if disclosed, cause the Company to deny my participation in the Service, subject to the Company’s sole discretion. I understand and agree that in the event my failure to disclose such medical or psychological conditions causes the Company to deny or dismiss my participation in the Service, I will forfeit all funds paid to the Company for the Service and will not be reimbursed for any costs or expenses resulting from my denial or dismissal from the Service.
All participation in the Service is voluntary and I am free to discontinue or not participate at any time. I fully understand and acknowledge that there is no requirement whatsoever that I participate in physically or mentally stressful activities provided by the Service in order to attend or participate in the Service. I understand and agree that in the event I discontinue or choose not to participate in the Service, I will not receive any refunds for amounts paid to the Company for the Service or be reimbursed for any costs or expenses related to the Service.
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS WHICH I MAY HAVE, OR WHICH I MAY HEREAFTER HAVE, WHETHER KNOWN OR UNKNOWN, AGAINST THE COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS (INCLUDING, WITHOUT LIMITATION, PRESENTERS, LECTURERS, THE HOST VENUE AND THEIR EMPLOYEES OR AGENTS FOR ANY IN-PERSON EVENTS, OR OTHERS INVOLVED IN THE SERVICE), AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES“), ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE SERVICE, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY OTHER RELEASEE OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, INTENTIONAL OR RECKLESS MISCONDUCT, OR ANY OTHER LIABILITIES THAT CALIFORNIA LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.
I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Service, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, without limitation, attorneys fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Service, including any claims arising out of my own negligence or the ordinary negligence of the Company.
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held 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 inure to the benefit of the Company and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the state or federal courts located in the City of Sacramento, California and I hereby consent to the exclusive jurisdiction of such courts. In the event of a conflict between this Agreement and any of the Company’s website policies, including the website Terms of Use, the terms of this Agreement shall control.
[Signature Page Follows]
I HEREBY REPRESENT AND WARRANT THAT I AM AT LEAST 18 YEARS OF AGE.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE SERVICE.