WAIVER AND RELEASE OF LIABILITY

to Brave Balancing Being LLC and Canal Walk Homeowners Association, Inc

 

Welcome! Before participating in Brave Balancing Being’s services, we need you to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). The purpose of this Waiver is to clearly communicate some risks of participating with us, and to have you release Brave Balancing Being of any liability if you get injured or sick, if you have complications or side effects, if any of your things are lost, stolen or broken, or if anything else goes wrong. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any activities. This Waiver and Release of Liability also applies to Canal Walk Homeowners Association, Inc. and its Managing Agent.

 

If you are a minor in the State of New Jersey or in your place of residence, your legal guardian must also sign this Waiver on your behalf. 

 

PLEASE READ CAREFULLY TO MAKE SURE YOU UNDERSTAND THIS WAIVER. PLEASE ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS TO SUE, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

 

1. Parties. We are Ellesbe Consulting LLC, a Limited Liability Company based in the State of New Jersey. Canal Walk Homeowners Association, Inc. and its Managing Agent are also parties to this Agreement and are included hereinafter wherever “us”, “we” and “our” is referenced herein. In this Waiver, we will refer to ourselves as “Ellesbe,” “Brave Balancing Being,” “us,” “we,”  and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”

 

2. The Services. While participating with us at Brave Balancing Being, you may participate in the following calming and empowering services and more (the “Services”):

2.1 Yoga or mindful movement,

2.2 Meditation,

2.3 Mindfulness

2.4 Breathwork,

2.5 Active listening and compassionate communication,

2.6 Building community,

2.7 Coaching.

2.8 The Services may involve physical contact in the form of hands-on assists and adjustments. If you have any questions about what the Services entail, please ask us before signing this.

2.9 The Services also apply to any of the Services made available for online participation or that take place outside of any facilities belonging to Brave Balancing Being, such as outdoors, at facilities belonging to other organizations, or at your or someone else’s home.

 

3. Inherent Risks. You understand that participating in the Services poses inherent risks and potential side effects, some more obvious or serious than others. These risks can result in serious harm and injuries that could change your quality of life, so we want you to be aware of them beforehand. Potential side effects and injuries include but are not limited to:

3.1 Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, and fainting.

3.2 Over-supplementation or improper supplementation resulting in allergic reaction, toxic overload, digestive distress, headaches, worsening of existing symptoms, etc.

3.3 Emotional, psychological and physiological changes, distress, disorientation related to changes in lifestyle, confronting difficult issues, personal challenges, and suppressed feelings or thoughts.

3.4 Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or equipment.

3.5 There are additional risks posed by participating in the Services outside of Brave Balancing Being’s facilities, as this is a different environment. You acknowledge that where you agree to participate in the Services outside of Brave Balancing Being’s facilities you accept the increased and additional risks that come with this setting.

3.6 There may be other reasonable risks posed for Services performed outdoors, such as sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that Brave Balancing Being is not responsible for any injuries caused as a result of performing the Services outdoors.

3.7 If you are pregnant or recently gave birth, there are additional risks to your body and to the health of your fetus, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.

 

4. Affirmation of Health. By agreeing to participate in the Services, you agree that you are healthy enough to participate in them. If you are unsure, you affirm that you have sought medical advice and consulted with your primary care physician (and mental health professional if applicable) to determine that these are the right treatments for you and do not pose a significantly increased risk to your health. If you have any pre-existing medical conditions, physical injuries, weakness, or are pregnant or post-natal, you should consult with your doctor first before engaging with the Services. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services.

 

5. COVID-19 & Infectious Disease. You acknowledge that every time you participate in in-person Services with Brave Balancing Being, you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If at any point within 14 days prior to participating in the Services, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to visit our business or seek our Services and you should consult with your doctor. You agree to update us regarding your health or risk factor and to comply with all measures and policies implemented by Brave Balancing Being and applicable public health guidelines (federal, state, local, CDC and others) as updated, including but not limited to wearing masks, personal hygiene and social distancing, and taking your temperature or allowing it to be checked. We are all in this together and it is important to follow guidelines, act responsibly and with care towards one another in order to ensure everyone’s safety!

5.1 Consent to Cooperate with Contact Tracing. You understand and agree that Brave Balancing Being may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes.

 

6. Medical Disclaimer. You fully understand that Brave Balancing Being is not a medical or healthcare professional and that the Services and any information, consultation or facilitation provided by Brave Balancing Being does not constitute medical/mental health treatment or advice. You acknowledge and agree that your use of any dietary, lifestyle or wellness recommendations or information is completely voluntary and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by  Brave Balancing Being is not designed to diagnose, cure or prevent any disease, pain, deformity, injury, or mental or physical condition of any kind.

 

7. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Services provided by Brave Balancing Being. By signing, electronic signing, or clicking “I Agree” (or something similar), you are confirming your voluntary engagement and assumption of the risks of the Services.

 

8. Lost or Stolen Personal Items. You agree that it is solely your responsibility to safeguard your personal items, and Brave Balancing Being is in no way responsible for any of your personal property that is damaged, lost, or stolen before, during, or after your participation in the Services.

 

9. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Lynne Brotman and Ellesbe Consulting LLC (Brave Balancing Being), as well as its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Services with  Brave Balancing Being, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. 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 Services. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

 

10. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing treatments, workshops and Services whether in person (inside or outside), online (live or recorded), or via video or audio conferencing tool.

 

11. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of New Jersey. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of New Jersey. Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand.

 

12. Application of this Waiver and Release to Canal Walk Homeowners Association, Inc. and its Managing Agent. Application This Waiver and Release of Liability also applies to Canal Walk Homeowners Association, In. and its Managing Agent.

 

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.