This Waiver and Release of Liability Agreement (the Agreement) is entered into on the date of Client purchase by and between the Client, as identified below, and Kitty Cavalier LLC, a New York limited liability company (the Provider) (Provider and Client shall be referred to individually as a Party, and collectively as the Parties). Provider performs services that may include life coaching, self-awareness, sensuality coaching, and other related services (collectively, the Services), and Client wishes to receive such Services subject to the limitations set forth in this Agreement. By purchasing Services, in consideration of the foregoing and the representations, warranties and agreements set forth below, the Parties agree as follows:
1. Billing & Cancellation Policies: Client acknowledges and understands the following: by purchasing this membership Client’s credit card will be charged $47 every 30 days. Membership can be canceled anytime before the 30 day billing cycle is complete. Provider does not offer refunds on membership cancelled on or after the monthly billing date.
2. Acknowledgement; Assumption of Risk. Client acknowledges and understands that participation in classes, programs, workshops or other activities where Provider will furnish the Services (collectively, the Sessions) may be emotionally strenuous and may result in accident or injury to Client. Client assumes: (a) all risks and responsibilities connected with and arising out of Client’s participation in the Sessions; and (b) all responsibility to consult with a medical physician or other relevant professionals prior to and regarding participation in any Session to ensure Client’s physical and mental health.
2. Representation and Warranties. Client represents and warrants that: (a) Client suffers from no physical, dietary, psychological or psychiatric impairment that would limit Client’s ability to participate in the Sessions or render Client more susceptible to injury through participation in the Sessions; (b) Client will keep Provider fully informed of any existing or future-occurring physical, dietary, psychological or psychiatric condition or disability, which would prevent or limit Client’s participation in the Sessions or cause physical or mental injury to Client through participation in the same; (c) Client will immediately notify Provider of any and all physical, dietary, psychological or psychiatric complaints Client may have resulting from participation in the Sessions; and (d) Client will immediately terminate any practice or activity learned, performed, or acquired in and from the Sessions if Client develops any physical, dietary, psychological or psychiatric symptoms that would risk Client’s physical or mental health.
3. Limitations of Service; Indemnification. Client acknowledges that Provider has not and will not render any medical services to Client including, without limitation, medical diagnosis of any physical or psychiatric condition. Client voluntarily releases, discharges and agrees to indemnify and hold harmless Provider from any claim, demand or cause of action of any kind whatsoever for personal injury, property damage or loss of any kind resulting from or related to Provider’s Services or any Session(s).
4. Governing Law and Dispute Resolution. The laws of the United States and the State of New York applicable to contracts negotiated and performed in New York will govern this Agreement. Client agrees to first conduct friendly negotiations with Provider (including mediation if requested by either Party) to resolve any dispute arising out of this Agreement. Client further agrees that any such dispute will be resolved by binding arbitration in New York, New York by one (1) arbitrator agreed upon by the Parties and subject to the American Arbitration Association’s Commercial Arbitration Rules & Mediation Procedures. In the event of any court proceedings pursuant to the foregoing or as a result of an appeal from or enforcement of an arbitration award, the prevailing Party shall be entitled to receive from the other Party the prevailing Party’s reasonable attorneys’ fees and costs incurred in connection with such proceedings.