AT ONE, LLC Waiver Agreement
Schedule A
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At One, LLC - Release and Waiver of Liability Agreement
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WHEREAS AT ONE, LLC (“Company”) is an integrative behavioral health practice located in Storrs, Connecticut that services health facilities and individuals signing this Agreement to receive educational, therapeutic and/or rehabilitative services, which may include yoga, meditative and other mind-body techniques to implement changes in behavioral health, educator and clinician courses and workshops, and all other services (the “Services”) upon the terms and conditions of this Agreement.
In consideration for being provided Services, each individual or entity represented by an individual, signing below either in person or electronically, hereby stipulates and agrees to the following terms and conditions:
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1. Assumption of Risk. I understand and acknowledge the following that:
a. I represent that I am in good medical condition and am medically cleared to participate in the Services.
b. The Services may not be FDA registered or approved and may be considered experimental.
c. The State does not required the service provider performing the Services to be a licensed healthcare professional.
d. I voluntarily and freely assume all risks that may occur pursuant to my receipt of and participation in the Services. Furthermore, I understand and acknowledge that the Services shall be performed in Connecticut in accordance with the terms and conditions as set forth in Schedule A (“Terms and Conditions”) to this Agreement.
e. I assume any risk and take full responsibility and waive any claims of personal injury, exposure to COVID-19 infection, loss of or damage to personal property and, or death.
f. I assume the full risk of any emotional or physical injury inherent in a mind-body yoga program or health behavior educational program, and I attest to being psychologically and medically cleared for participating in the Services.
g. I am responsible for taking reasonable steps to avoid injury or aggravation of a previous injury or pre-existing condition during my participation in the Services.
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2. COVID-19. I understand and affirm that I will not participate in the Services if I have COVID-19 or if I am experiencing COVID-19 symptoms, as outlined by the CDC, such as dry cough, fever, fatigue, or difficulty breathing.
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3. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Company and its affiliates, and their respective partners, agents, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to the Services, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability or death, related to and or arising from the Services.
4. Publicity Release. I irrevocably grant Company my permission and the right to photograph me, and to use any and all verbal or written testimonials (the “Testimonials”) and photographic or other images (the “Images”) taken of me while receiving or participating in the Company’s Services both on-line and in person , and to permit, authorize, and license Company and agents to use, re-use, publish, and re-publish the Testimonials or Images either separately or together, edited or not, and either in whole or in part for the purposes of publicizing and promoting the Company’s Services. I agree that these rights extend beyond the term of the Agreement.
To opt out of the Publicity Release permission and rights, please initial below.
5. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury or death I may sustain related to or arising from the Services.
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6. Indemnification. I hereby agree to defend, indemnify, and hold harmless Company and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury or loss of life related to or arising out of my receipt of or participation in the Services.
7. No Representations by Company. I acknowledge the following: that Company makes no representation whatsoever, expressed or implied, regarding effects or outcomes of the Services and shall not be liable for same, that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, or representatives regarding this agreement or the Premises, except to the extent such representations are expressly set forth in this agreement, and that Company does not diagnosis clinical psychological or physical conditions or illnesses, does not give medical advice, medical treatment, medical/clinical prognoses and does not cure disease or illness.
8. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Connecticut, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Tolland County, Connecticut.
9. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed in person or online by an authorized representative of the waiving party. The failure of any party to enforce any provision of his agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
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10. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
11. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, Connecticut, and local laws, rules, and regulations.
12. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
13. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed in person or online by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.