Use of the Kinessage® Mindful Resilience Program or Kinessage® Release Your Pain System indicates your agreement with the following terms: KINESSAGE, LLC WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Kinessage LLC, their officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all 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 me, or to any property belonging to me, while participating in such activity, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. I acknowledge and understand that while these programs contains advice and information relating to health and physical well-being it is not intended to replace medical advice and should be used to supplement rather than replace regular care by my doctor. The techniques provided in Kinessage® Mindful Resilience and Kinessage® Self Care are for self-care purposes only and agree to no other use with or for others. I agree that in applying them to myself I accept full responsibility, liability, and full benefit for any and all outcomes of their application. I am fully aware that physical movement activities include the risk of injury and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law. 4. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Arizona and that any mediation, suit, or other proceeding must be filed or entered into only in Arizona and the federal or state courts of Arizona. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions. BY COMPLETION OF THIS TRANSACTION I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND AGREE TO IT OF MY OWN FREE WILL.