Waiver and Release of Liability (Online Wellness Classes)

By purchasing or participating in any teaching, coaching, advisory, or consulting services, classes, or courses (collectively, “Sessions”) through Arootah, LLC (“Arootah”) or by accessing or using any Arootah digital platforms, systems, or mobile applications, or software applications, including, without limitation, the Habit Accountability Tracker located at https://app.arootah.com/login, or the associated mobile application (collectively, the “Habit Accountability Tracker”) (collectively, the “Systems”) (the Sessions and Systems together form the “Services”), I, the undersigned individual on behalf of myself, on behalf of a company or other legal entity, or as a parent or legal guardian on behalf of a minor child (if applicable) (“Participant” or “I”) confirm that (i) I have read, understood, and agree to be legally bound by the terms and conditions of this Waiver and Release (“Waiver and Release”); (ii) represent and warrant that I have the right, authority, and capacity to enter into this Waiver and Release; and (iii) hereby agree to the following terms:

1. No Professional Advice. By entering into this Waiver and Release, I understand and agree that:
   1. The Services may involve a relationship in which a teacher, advisor, or consultant (collectively, “Instructor”) or a Coach (as defined below) will partner with one or more participants in a thought-provoking, informative, and creative process that provides guidance to help amplify the participant’s personal, professional, financial, educational, emotional, or physical potential; to achieve long-lasting success. As used herein, “Coach” means an individual responsible for unlocking previously untapped sources of imagination, productivity, and leadership as defined by the International Coaching Federation. To the extent the Services involve career, finance, or business, Arootah does not promise any general or specific outcomes, including but not limited to, increased clientele, profitability, or business success; and Participant agrees that no Coach or Instructor is operating as an expert or otherwise acting in the capacity of an attorney, accountant, financial planner, financial advisor, or other such professional. Participant understands that the Participant is fully responsible, at all times, for Participant’s own professional and financial well-being, and any choices, decisions, actions, or inactions the Participant chooses to take or not take based on any participation in any Session or interaction with any Coach or Instructor.
   2. To the extent the Services involve any personal, emotional, mental, or psychological issues, the Services are not being offered by Arootah or any applicable Coach or Instructor as a substitute for expert medical, physical, mental, or psychological health care, nor are they meant to diagnose, treat, prevent, or cure any physical, medical, mental, emotional, or psychological ailment, disease, or condition. To be clear, the Services are not being offered by any Coach or Instructor in the capacity of a licensed therapist, health care professional, or mental health expert and should not be used as a substitute, replacement, alternative, or proxy for professional medical, physical, emotional, mental, or psychological health care treatment, counseling, therapy, psychoanalysis, substance abuse treatment, or any other mental or physical health advice, guidance, or counsel.
   3. Sessions are designed to function as guided conversations that contain actions (co-created by the Coach or Instructor and the Participant) to help Participants consider their existing approaches to issues and evaluate alternative approaches to such issues. Participant is fully responsible, at all times, for Participant’s own wellbeing, including, without limitation, as it relates to issues involving mental health, physical health, psychological health, career, finances, business decisions, and any other choices, decisions, actions, or inaction that they may encounter personally or professionally.
2. Express Assumption of Risk. By entering into this Waiver and Release, Participant understands and agrees that Participant is voluntarily participating in Sessions, during which such Participant may receive information, guidance, coaching, or instruction about health and wellness practices including, without limitation, yoga, meditation, diet, nutrition, exercise, and physical fitness. Any physical, fitness or wellness training program (including, without limitation, exercise, diet, meditation, breathwork, and yoga) may require (to various degrees) strenuous physical exertion, and Participant is fully aware of and hereby fully assumes the associated risks and hazards involved, whether known or unknown, which might be sustained by Participant or any exercise partners, volunteers, or spectators involved, including, without limitation, property damage, death, and serious injury (collectively, “Risks”). Before starting any diet, exercise plan, exercise regimen, or any other fitness or wellness program that might be offered by Arootah, Participant understands that Participant should consult a licensed physician or other qualified medical professional regarding my ability to safely participate. By participating in any Session, Participant agrees that Participant has no physical impairments, injuries, or illnesses which could endanger me or any exercise partners, volunteers, or spectators. I am fully aware that any online Session, by definition, is distinctly different than participating in an in-person Session under the physical guidance of a trainer, yogi, Instructor, or Coach. Accordingly, Participant is responsible for making sure that Participant’s place of practice is safe.
3. Disclaimer of Warranties and Limitation of Liability. By entering into this Waiver and Release, I understand and agree that in consideration for being allowed to participate in Sessions, I hereby release waive, acquit, and forever discharge any Coach, Instructor, Arootah and its employees, contractors, owners, successors, assigns, and personal representatives from every claim, suit action, demand, or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by me or by Arootah as a result of any advice given by a Coach or Instructor or otherwise resulting from Sessions. I further declare and represent that no promise, inducement, or agreement not expressed in this Waiver and Release has been made to me to sign this Waiver and Release. This Waiver and Release shall bind my heirs, executors, personal representatives, successors, assigns, and agents. If any portion of this Waiver and Release is held invalid, I agree that the remainder of the Waiver and Release shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission before, during, or after any in-person Session, for the Coach, Instructor or any other person connected with Arootah to administer first aid deemed necessary for the well-being of the Participant, and in case of serious illness or injury, I give permission to call for medical or surgical care including transport to a medical facility deemed necessary.
4. Indemnification. By entering into this Waiver and Release, Participant hereby indemnifies and holds harmless Arootah, its officers, directors, employees, Coaches, Instructors, affiliates, agents, successors and assigns from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorneys’ fees related thereto, that Arootah may incur and which are based in whole or in part upon, or arise out of or relate to the Participant’s breach or violation of any term, covenants, condition, representation, or warranty contained in this Waiver and Release. For clarity, Participant accepts financial responsibility for any injury that Participant may cause either to himself/herself or to any other participant during a Session due to Participant’s negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this Waiver and Release, Participant agrees to reimburse them, in full, for such fees and costs. Participant further agrees to indemnify and hold harmless Arootah and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from Participant’s negligence or intentional acts or omissions while participating in Sessions. This includes, without limitation, parks, recreational areas, playgrounds, areas adjacent to main building, or any area selected for Session-related activities.
5. Miscellaneous.
   1. As Arootah’s business changes and evolves, Arootah may need to amend this Waiver and Release. I acknowledge that such modifications may be made at any time by Arootah at its sole discretion upon notice to me, including by email.
   2. This Waiver and Release shall be construed and controlled by the laws of the State of New Jersey. Any dispute arising under, relating to or in any way connected with the agreement must first be submitted to nonbinding mediation, unless the parties agree in writing to waive such requirement. Mediation shall be conducted and administered by JAMS in New Jersey. If a dispute remains unresolved at the conclusion of the mediation process or the parties stipulate in writing to waive mediation, either party may submit the dispute to binding arbitration in accordance with the then-current Commercial Arbitration Rules & Procedures of JAMS in New Jersey. Such arbitrator shall be a lawyer not employed by or associated with either party to this Waiver and Release and shall have substantive experience in matters similar to the subject matter of this Waiver and Release. All mediation and arbitration proceedings shall be confidential and New Jersey law shall apply. The prevailing party in any such arbitration proceeding shall be entitled to reimbursement of its legal fees and costs by the nonprevailing party. I understand and agree that this provision is intended to provide both myself and Arootah with the exclusive forum for redressing grievances that arise under, relate to, or are in any way connected to this Waiver and Release. I agree that this Waiver and Release, regardless of the place of its execution or the location of residency, shall be interpreted in accordance with the laws of the State of New Jersey applicable to agreements made and wholly to be performed therein.
   3. By agreeing to the terms of this Waiver and Release, I understand that I, my heirs or legal representatives are waiving valuable legal rights, including, forever releasing, waiving, discharging negligence or other acts; and I am obligated to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional acts or omissions.