MASTRY RELEASE AND WAIVER
In consideration of being permitted to participate in any Hypnobreathwork Sessions (the “Sessions”) conducted by Mastry, Inc. (“Mastry”), I, the undersigned on behalf of myself, my spouse, minor children, wards, relatives or other persons under my care, next of kin, heirs, assigns, agents, personal representatives and estate (collectively, the “Releasing Parties”), hereby acknowledge, understand and expressly agree as follows:
The Sessions shall not constitute the provisioning of medical care and are not intended to be, and may not be used as, a substitute for professional medical advice, diagnosis, or treatment.
The Hypnobreathwork contained in the Sessions is deeply experiential and can result in intense, energetic, physical and emotional releases. Therefore, it is not advised for persons (i) with a history of cardiovascular disease, including angina or heart attack, high blood pressure, use of a pace-maker, glaucoma, retinal detachment, osteoporosis, significant recent physical injuries or surgery; (ii) with mental illness or seizure disorders; (iii) having been prescribed major medications; or (iv) with a personal or familial history of aneurysms. In addition, the following persons are advised against participating in the Sessions without first consulting and getting approval from their primary care physicians regarding the practice of Hypnobreathwork: (x) pregnant women, and (y) persons with asthma (who should also be sure to utilize their inhaler accordingly and have on hand during selected Sessions.
THE RELEASING PARTIES HEREBY EXPRESSLY RELEASE, INDEMNIFY, AND HOLD HARMLESS MASTRY, ITS EMPLOYEES, DIRECTORS, OFFICERS, COACHES, TEAM MEMBERS, OWNERS, PRINCIPALS, BUSINESS PARTNERS, AFFILIATES, CONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “MASTRY RELEASEES”) WITH RESPECT TO ANY AND ALL INJURY, WHETHER PHYSICAL, MENTAL, PSYCHOLOGICAL OR EMOTIONAL, OR ANY LOSS OR DAMAGE TO PERSON OR PROPERTY OF ANY KIND, WHETHER ARISING FROM THE NEGLIGENCE OF MASTRY RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
I know, understand and acknowledge that Mastry Releasees are NOT physicians, psychologists, therapists or healthcare professionals, and the Sessions and related activities being offered are NOT intended to treat or diagnose, and do NOT include treatment for or diagnosis of, any illnesses, disease or disorders whether physical, mental, psychological or emotional.
I promise, represent and certify that I am in good health physically, mentally, psychologically and emotionally, and fully understand and acknowledge that if I were not in such good health, I would not be permitted to partake in the activities, and the foregoing constitutes a material terms upon which Mastry Releasees are relying in permitting me to partake in the Sessions and related activities.
I agree to comply with the stated and customary guidance and norms of participation in the activities. If, however, I observe any unusual hazard during my presence or participation, I will immediately remove myself from participation in the activities and bring such attention to the nearest official forthwith.
I acknowledge that Session attendees, including myself, involved in any activities offered by Mastry may be photographed,videotaped or otherwise recording during the course of the Sessions. For good and valuable consideration, consisting of my attendance at the Session(s), the adequacy of which I acknowledge, I hereby consent to and grant to Mastry (and its affiliates, successors and assigns) the irrevocable, unrestricted and unfettered right and permission to take, use, reuse, edit, publish,republish, distribute and copyright any photographs, images, video and/or footage, without compensation, on the Mastry website, social media accounts or in any editorial, promotional or advertising material produced and/or published by Mastry. I warrant that I am of legal age and that I have every right to contract in my own name and that this grant of rights does not in any way conflict with any existing commitments on my part.
IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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.” You further expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Mastry Releasees pertaining to the subject matter hereunder. If you are a resident of the United Kingdom or European Union, this release shall not apply to any damage arising from our willful misconduct or gross negligence, nor shall it apply to damage from injury to life, body or health.