Release Agreement and Waiver of Liability
Last Updated: June 28, 2014
- As a client of Sunflower Wellness (“Sunflower Wellness”, “we” or “us”) and a participant in Sunflower Wellness exercise consulting sessions, personal training sessions, exercise classes and other related services (collectively, the “Services”), the undersigned client (“Client” or “you”) assumes all risk of participation in the Services by signing this release and waiver of liability agreement (the “Agreement and Waiver”).
You, on behalf of yourself and your personal representatives, assigns, heirs, executors, hereby fully and forever release, waive, discharge and covenant not to sue Sunflower Wellness, its agents, employees, affiliates, independent contractors and/or representatives from all liability for all losses or damages and any and all claims or demands therefore on account of your injury, illness or death or damage to or loss of property, in connection with the your participation in the Services, whether caused by Sunflower Wellness, its agents and contractors, health club partners and/or other clients.
- You are fully aware of the risks and hazards inherent in participating in the Services and hereby elect to voluntarily participate in the Services, knowing the risks of such Services including, without limitation, the possibility of physical or emotional injury, paralysis, death, illness, other serious personal injuries, and loss or damage to personal property, and you fully know and appreciate all such risks. You may decide to end your participation in the Services at any time for any reason. You hereby expressly assume all risks, both known and unknown, of all losses, damages, illness or injuries that you may sustain while participating in the Services.
- Prior to participation in the Services, you must submit an intake form and complete an intake session with a Sunflower Wellness representative. As a part of the intake process, you will be required to disclose certain contact and health information, including date of birth, address, phone number, email address, exercise habits and limitations, type of cancer, date of diagnosis, cancer stage, symptoms, current treatments and medications, date of any treatments and other health information relevant to your participation in the Services. Sunflower Wellness will hold any information collected on the intake form, during the intake session and otherwise obtained during your participation in the Services as confidential and private, subject to the terms of the Sunflower Wellness Privacy Statement, a the current version of which is attached. Updates to version of the Sunflower Wellness Privacy Statement are posted on our website at www.sunflowerwellness.org. By signing this Agreement and Waiver, you hereby consent to the information practices set forth on the Sunflower Wellness Privacy Statement.
- You represent and warrant that all statements made to Sunflower Wellness on the intake form, during the intake session and throughout the provision of the Services, in particular with respect to your illness, symptoms, treatments and exercise limitations, are true and correct. You acknowledge that Sunflower Wellness relies on such statements in permitting you to participate in the Services. You will inform Sunflower Wellness immediately if there is any relevant change in your medical condition and acknowledge that Sunflower Wellness has the right to cease providing the Services to you at any time for any reason, including upon notice of changes in the your medical condition.
- Sunflower Wellness does not provide medical services, medical treatment or medical advice. You represent and warrant that you have consulted a physician prior to beginning the Services and have been approved to participate in the Services by such physician. The information, advice and exercise programs provided to you on behalf of Sunflower Wellness are not a replacement for the services of a physician or other health care provider and do not establish a physician-patient relationship. You should continue to consult a physician or other health care provider in all matters relating to your exercise and health, in particular with respect to your cancer diagnosis, treatment and recovery. If you experience any pain or difficulty while participating in the Services, you should stop participating in the Services immediately and consult your healthcare provider prior to resuming the Services. Never disregard professional medical advice or delay in seeking it because of something you have learned from the Sunflower Wellness website or through the Services. If you think you may have a medical emergency, call your doctor or 911 immediately.
- Sunflower Wellness makes no representations or warranties with respect to any information or advice offered or provided by Sunflower Wellness, its employees or contractors or made available on the Sunflower Wellness website regarding recommended exercise programs or treatment. Sunflower Wellness is not liable for any direct or indirect claim, loss or damage, injury, illness or death resulting from your use of such information provided by Sunflower Wellness.
- Certain of the Services may be provided at a health club or other fitness facility that is owned and operated by a third-party (such facility, a “Club”). You hereby release Sunflower Wellness from all claims and liability arising out of the acts and omissions of any Club, its employees, officers and agents, including any claims arising from use of a Club’s facilities, equipment or activities and including claims relating to injury, illness or death or loss or damage to property. You must abide by the rules, policies and procedures of any such Club when using such Club’s facilities, equipment or services. You acknowledge that a Club may require you to be bound to its own disclaimers and liability releases as a condition to participating in the Services at such Club and any such disclaimers and releases shall be in addition to those set forth herein.
- You, on behalf yourself and your personal representatives, assigns, heirs, executors, agree to indemnify, defend and hold Sunflower Wellness harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third-party due to or arising from or relating to your participation in the Services or the violation of any term of this Agreement and Waiver, whether the claim arises out of or results from any act, omission or conduct of Sunflower Wellness, negligent or otherwise.
- This Agreement and Waiver shall be governed by, and construed and enforced in accordance with, the substantive laws of California. Any dispute, claim or controversy arising out of or relating to the interpretation of any provision of this Agreement and Waiver, to the performance of either party under this Agreement and Waiver or to any other matter under or in connection with this Agreement and Waiver, including any action in tort, contract or otherwise, at equity or law shall be resolved exclusively by arbitration conducted in San Francisco, California under the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be binding and enforceable in any court of competent jurisdiction. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Sunflower Wellness alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
- You understand and agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by law and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and Waiver and does not affect the validity and enforceability of any remaining provisions.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND AM AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE OR HOLD SUNFLOWER WELLNESS RESPONSIBLE FOR ANY INJURY WHICH I MAY SUFFER. I AM ACCEPTING THIS AGREEMENT OF MY OWN FREE WILL AND INTEND FOR MY ELECTRONIC ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Last Updated: June 28, 2014