This WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT (the “Agreement”) is made between Shimoff and Associates, Inc. (“S&A”) and Site User (“Training Participant”). S&A and Training Participant are sometimes individually referred to as “Party” and collectively referred to as the “Parties.”
WHEREAS, S&A has launched the Happy For No Reason Certified Training Program (the “Training Program”) to provide training opportunities for women and men 18 years or older;
WHEREAS, Training Participant desires to participate in the Training Program;
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, S&A and Training Participant hereby agree as follows:
1. Waiver and Release. Training Participant hereby releases, waives, discharges and covenants not to sue S&A and its directors, officers, servants, agents, personnel, contractors, volunteers or employees (collectively, the “Released Party”) from any and all actual or alleged liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by Training Participant, or any of the property belonging to Training Participant, arising out of or incident to any acts, omissions, negligence, or willful misconduct of other Training Participants or the Released Party, or otherwise, while participating in the Training Program.
2. Risk. Training Participant is fully aware of the risks involved with the Training Program, including but not limited to, another Training Participant’s negligence, omissions or willful misconduct, and hereby elects to voluntarily participate in the Training Program with full knowledge of any such risks. Training Participant voluntarily assumes full responsibility for any risk of loss, property damage or personal injury that may be sustained by the Training Participant, or any loss or damage to property owned by Training Participant, as a result of being engaged in the Training Program.
3. Refund Policy. The Happy for No Reason Certified Trainer Program refund period is fifteen (15) days from Class 1. If Training Participant registers after Class 1, the refund period starts on the day of the Training Participant’s registration.
4. Indemnification. Training Participant hereby agrees to indemnify and hold harmless the Released Party from any loss, liability, damage or costs, including court costs and attorney fees, that the Released Party may incur due to or caused by Training Participant’s participation in the Training Program, even if caused by the negligence of the Released Party.
5. Not a Substitute for Counseling and Medical Advice and Treatment. Training Participant agrees to not use the Training Program as a substitute for counseling, psychotherapy, medical advice, medical treatment, substance abuse treatment or otherwise. Training Participant acknowledges that the Training Program is not being provided by a licensed medical and/or mental health professional. Training Participant represents that if Training Participant is currently in therapy of any type and/or under the care of a mental health professional that Training Participant has consulted with that professional regarding the advisability and appropriateness of Training Participant participating in the Training Program.
6. No Warranties and Representations. TRAINING PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT S&A MAKES NO GUARANTEES AND FURTHER, S&A DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM PARTICIPATION IN THE TRAINING PROGRAM, AND, IN ADDDITION, S&A MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO ANY BENEFITS, IMPROVEMENTS OR SUCCESS IN TRAINING PARTICIPANT’S LIFE RESULTING FROM THE TRAINING PROGRAM AND/OR ANY ACTIONS TAKEN AS A RESULT OF OR IN CONNECTION WITH THE TRAINING PROGRAM.
7. Assumption of Risks. Training Participant by signing below does hereby assume the risks set forth in this Agreement, including without limitation, the risks set forth in Paragraphs 1, 2, 3, 4 and 5, and Training Participant agrees that Training Participant’s releases and waivers set forth in this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences of the Training Program, as well as those known and anticipated, and, Training Participant does hereby knowingly and expressly waive any and all rights and protections under California Civil Code Section 1542, which reads 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”, or any similar law, rule or provision of any jurisdiction pertaining to the matters released in this Agreement.
8. Authority to Enter Agreement. Each Party warrants that the individuals who have used this site and this Agreement have the legal power, right and authority to make the Agreement and bind each respective Party.
9. Binding Authority. It is Training Participant’s express intent that this Agreement shall bind the members of Training Participant’s spouse, family, heirs, assigns and personal representative, and shall be deemed as a release, waiver, discharge and covenant not to sue the Released Party on behalf of the Training Participant.
10. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California.
11. Amendment/Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by the Parties.
12. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel or otherwise.
13. No Insurance. Training Participant understands that S&A does not maintain any insurance policy covering any circumstance arising from Training Participant’s participation in the Training Program or any activity associated with or facilitating that participation. Training Participant is aware that he/she should review his/her insurance portfolio and obtain his/her own insurance.
14. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified therein, and supersedes any prior oral or written statements or agreements between the Parties related to the matters herein.
15. Training Participant’s Representations. In using this site, Training Participant acknowledges and represents that:
A. Training Participant has read the foregoing Agreement, understands it and signs it voluntarily as Training Participant’s own free act and deed.
B. No oral representations, statements, or inducements, apart from the foregoing written agreement have been made to Training Participant.
C. Training Participant is at least eighteen (18) years of age and fully competent.
D. Training Participant executes this Agreement for full, adequate and complete consideration fully intending to be bound by same.
E. Training Participant understands that while Training Participant will have access to the material contained in the Happy For No Reason book by Marci Shimoff and other Happy For No Reason materials, including but not limited to, manuals, handouts, recorded materials, logos, marks and images, and other intellectual property (collectively, the “Happy For No Reason Materials”), TRAINING PARTICIPANT HAS NO RIGHT, NO LICENSE AND NO AUTHORITY TO USE ANY OF THE HAPPY FOR NO REASON MATERIALS IN ANY MANNER OR FORM AND/OR TEACH OR TRAIN THE HAPPY FOR NO REASON PROGRAM UNTIL SUCH TIME AS TRAINING PARTICIPANT SUCCESSFULLY COMPLETES THE TRAINING PROGRAM AND RECEIVES WRITTEN CERTIFICATION AS A TRAINER FROM SHIMOFF & ASSOCIATES, INC.