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WAIVER AND RELEASE OF LIABILITY
By registering and/or attending any of the Nalu Healing Arts Acupuncture Professional Corporation (defined as Nalu Healing Arts, its instructors, teachers, guides, practicitioners, staff, agents, contactors, owners, and other individuals providing services or the Activity defined below at or as part of Nalu Healing Arts) treatments/workshops/events/classes, both online and offline (the "Activity"), you (sometimes also referred to herein as “I”) are representing and warranting that you have read the following terms and expressly agree to the following terms:
I voluntarily enrolled in the Activity. I understand that I am under no obligation of any kind to participate in the Activity and I voluntarily enter this into this Waiver and Release of Liability.
I understand that Nalu Healing Arts staff, and its practitioners, are not registered medical practitioners. I understand and expressly agree that no advice or Activity presented, demonstrated or advised to me are in any way intended as a substitute for a medical consultation, psychotherapy, and should not replace or interfere with any guidance offered by a medical professional. NALU HEALING ARTS DOES NOT PROVIDE MEDICAL ADVICE. PLEASE CONSULT A PHYSICIAN FOR INJURIES, MEDICAL EMERGENCIES AND MEDICAL ADVICE. This content is accurate and true to the best of Nalu Healing Arts knowledge and is not meant to substitute for formal and individualized advice from a qualified medical or therapeutic professional. Nalu Healing Arts offers no professional legal, medical, psychological, or financial advice.
If at any time during any Activity, I feel the need for any assistance, medical or otherwise, I agree to notify Nalu Healing Arts immediately and take full responsibility for the same, including leaving the Activity and obtaining appropriate care. If I fail to seek the required medical care or ignore medical advice, I understand and agree to do so at my sole risk and that Nalu Healing Arts shall not be held liable for any injuries, medical advice, or otherwise related to an Activity.
IMPORTANT CONTRAINDICATIONS: Nalu Healing Arts’s Activity is not advised for persons with a history of Cardiovascular Disease, including Angina or Heart Attack, High Blood Pressure, Glaucoma, Retinal Detachment, Osteoporosis, significant recent physical injuries, and/or surgery should not participate in the Activity. Persons with a history of severe Mental Illness, Bipolar Disorder or Psychosis, Seizure Disorders, or for persons using major medications, or persons who are under the influence of legal or illegal drugs to the extent that their capacity is impaired. It is also unsuitable for anyone with a personal or family history of Aneurysms. Pregnant women are advised against practicing the Activity with Nalu Healing Arts without first consulting and getting approval from their primary care physician. Persons with Asthma should bring their inhaler and consult with their primary care physician and Nalu Healing Arts. Persons with infectious or communicable diseases such as Coronavirus or Flu-Like Symptoms are asked to avoid attending a live in-person Activity due to the nature of the Activity. This Activity with Nalu Healing Arts is not therapy and does not substitute for psychotherapy. BY AGREEING TO THESE TERMS AND PARTICIPATING IN AN ACTIVITY, YOU ARE EXPRESSLY REPRESENTING AND WARRANTING THAT YOU DO NOT HAVE OR SUFFER FROM ANY OF THE ABOVE CONTRAINDICATIONS AND IF ANY INJURY OR MEDICAL HELP IS NEEDED AS A RESULT OF THE ACTIVITY, DUE TO AN ABOVE OR RELATED CONTRAINDICATION, YOU UNDERSTAND AND EXPRESSLY AGREE NOT TO HOLD NALU HEALING ARTS LIABLE.
I understand that the Activity may involve movement, exercises, stretches, strong connected breathing, acupuncture, cupping, massage, and may include guided meditation. I understand that the Activity can involve dramatic experiences accompanied by strong emotional and physical responses or releases. I understand that I might find the Activity physically, emotionally and/or mentally stressful. I understand and expressly assume the risk of the Activity.
I hereby affirm that I am in good health and able to participate in the Activity. I do not have any physical or mental conditions which would impair my ability to engage in the Activity or which would otherwise endanger my health during the Activity, or which would cause any risk of harm to myself or other participants. I understand that the Activity is not medically supervised. I have hereby been advised that I should talk to my physician and or psychotherapist if I had any questions about my physical or mental ability to safely participate in the Activity. If I have chosen not to obtain a physician’s consent prior to my participation in the Activity, I hereby agree that I'm doing so solely at my own risk. I understand that is my sole responsibility to participate in the Activity that is appropriate for the current status of my health and to modify the Activity to accommodate my own needs or limitations. If I have any questions or concerns about whether or not a particular Activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor before I participate in such Activity.
In consideration of the risk of injury while participating in Nalu Healing Arts’ Activity, and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Nalu Healing Arts and its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to the Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Nalu Healing Arts against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Nalu Healing Arts incurs any of these types of expenses, I agree to indemnify and hold Nalu Healing Arts harmless for any such legal action or liability.
I acknowledge that Nalu Healing Arts is not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or Activity on behalf of Nalu Healing Arts. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
I acknowledge that the Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I further understand that on rare occasions, an emergency requiring medical treatment can develop. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during my participation in the Activity. I agree to pay for any medical, dental, surgical, or other hospital care, or diagnosis rendered to me. It is understood that I am required to designate emergency contact(s) and that efforts shall be made to contact my designated emergency contact(s) before rendering treatment, but that any of the above treatment will not be withheld if the designated emergency contact(s) cannot be reached. In no way shall Nalu Healing Arts be liable for any harm that may arise from any such lack of contact or any medical treatment authorized without input from the emergency contact. I ACKNOWLEDGE THAT ANY INJURIES THAT I MAY SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF NALU HEALING ARTS OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL. In consideration for my acceptance as an eligible participant in the Activity, and the assessment, guidance, and equipment provided by Nalu Healing Arts, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING:
To the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS NALU HEALING ARTS and its parents, subsidiaries, independent contractors, practitioners, and affiliates and their respective past and present officers, directors, agents, managers, members, partners, agents and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my personal injury relating to my participation in the Activity, even if caused by NEGLIGENCE of the Released Parties; Such negligence could involve (a) negligent assessment of the feasibility of the Activity as provided, (b) the negligent provision of emergency response services, or (c) negligent assessment of whether or not the COVID-19 precautions taken by Nalu Healing Arts were sufficient. I understand and intend that the assumption of risk and release is binding upon my heirs, executors, administrators, and assigns. This release is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this release is held to be invalid or legally unenforceable for any reason, the remainder of this release shall not be affected thereby and shall remain valid and fully enforceable. Further, I have read Section 1542 of the California Civil Code, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
I understand that Section 1542 allows that me to not release existing claims of which I am presently unaware, unless I voluntarily choose to waive this right. Having been so apprised, I nevertheless hereby voluntarily elect to, and do, waive the rights described in Section 1542, and elects to assume all rights for claims that now exist in my favor, known or unknown, for the subject of this Waiver.
I understand that Nalu Healing Arts collects, records, publishes, posts, transmits, and displays audio/visual “media” (images, recordings, videos, and other media). With this understanding, I give permission for Nalu Healing Arts to collect, record (on film or otherwise), publish, post, display and transmit such media for any purpose. I hereby voluntarily release and hold harmless Nalu Healing Arts, its directors, employees, and agents acting officially or otherwise, from all manner of suits, actions, claims, demands, and liabilities which may arise from such media participation. This release applies to any and all media known, and hereafter devised, in perpetuity throughout the universe. I understand that all media remains the property of Nalu Healing Arts, and waive all rights to original media, copies of media, royalties, entitlements, payments, or any other compensation or quid pro benefits which might arise from Nalu Healing Arts’s acquisition, storage, display, publication, posting, or distribution of media of myself as described herein. I understand that this document constitutes a full and complete waiver of all possible claims of any nature whatsoever, including claims of negligence, personal injury or property loss, or damage, arising out of said media participation.
If any provision of this release is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire release will be severable and remain in effect. Any failure by Nalu Healing Arts to require your performance of any provision in this release shall not affect Nalu Healing Arts’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this release constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
This release will be governed by the laws of the State of California. I and Nalu Healing Arts agree that any claims, legal proceedings, or litigation arising in connection with this release will be brought solely in the courts of the County of San Diego, and the parties consent to the jurisdiction of such courts. If any claim of dispute arising out of, or relating to, this release is not settled promptly in the ordinary course of business, the parties shall seek to resolve such dispute between them, first, by negotiating promptly in good faith. If a legal action is necessary to enforce this release, the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE NALU HEALING ARTS AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FOR PERSONAL INJURY OR PROPERTY DAMAGE.
I ACKNOWLEDGE AND REPRESENT THAT I AGREE TO ALL OF THE TERMS OF THIS WAIVER, WARRANT MY REPRESENTATIONS ABOVE, AND I AM OVER EIGHTEEN (18) YEARS OLD, AND ACKNOWLEDGE AND EXPRESSLY AGREE THAT I HAVE NOT TESTED POSITIVE FOR COVID-19 IN THE LAST CALENDAR WEEK, DO NOT CURRENTLY HAVE SYMPTOMS SUCH AS COUGH OR SORE THROAT, AND WILL NOT ATTEND AN IN-PERSON ACTIVITY IF I HAVE ANY SUCH SYMPTOMS OR TEST POSITIVE FOR COVID-19.