Happy Blue Marble Participation & Liability Waiver
I hereby agree to the following:
(a) Voluntary Participation
I am voluntarily participating in yoga, movement classes, wellness programs, workshops, Reiki, intuitive energy work, sound healing, meditation, breathwork, and/or other wellness, bodywork, therapy, exercise, and healing arts activities (collectively, the “Activities”) offered by Happy Blue Marble, in various locations and online. All offerings shall be considered Activities under this Agreement.
(b) Health & Fitness Acknowledgment
I acknowledge that I am of adequate physical and mental health to participate in the Activities. I understand that Activities may involve physical movement, stretching, exercise, sound, and breathwork requiring exertion. I represent and warrant that I am physically fit to participate and have no medical condition that would prevent my full participation. I understand it is my responsibility to consult a licensed healthcare provider prior to participating, particularly if I have limitations, pre-existing conditions, or known risk factors.
(c) Assumption of Risk
I understand that participation in the Activities may result in physical injury, emotional discomfort, or aggravation of pre-existing conditions. I voluntarily assume all risks, including but not limited to dizziness, strain, emotional release, or startle from sound. I agree to listen to my body, participate at my own pace, and stop or modify participation as needed.
(d) Consent to Touch & Sound Healing
I understand that certain Activities, including Reiki, intuitive energy work, and sound healing, may involve the practitioner placing hands lightly on or near my body or positioning instruments around me. I consent to this light, non-invasive touch and understand I may withdraw consent at any time verbally or in writing.
(e) Holistic Services Disclaimer
I understand that Reiki, intuitive energy work, meditation, breathwork, and sound healing are complementary wellness practices. They are not a substitute for medical, psychological, or psychiatric diagnosis, treatment, or advice. I agree to seek licensed healthcare providers for medical or mental health concerns.
(f) Technology & Online Sessions
I acknowledge that online sessions may involve technology risks such as service interruptions, security breaches, or data loss. Happy Blue Marble is not responsible for technical difficulties or unauthorized access that may occur during online Activities.
(g) Communicable Diseases
I acknowledge the contagious nature of communicable diseases, including COVID-19, and voluntarily assume the risk of exposure by participating in Activities. I agree that Happy Blue Marble is not liable should I become exposed during participation.
(h) Confidentiality in Group Settings
I understand that while Happy Blue Marble encourages a supportive environment, it cannot control or guarantee the confidentiality of personal information shared by other participants in group Activities.
(i) Photo and Media Release
I consent to photographs and/or recordings being taken of me during my participation in Activities. I authorize Happy Blue Marble to use such photographs or recordings for advertising, promotional, and marketing purposes without compensation. I understand I may opt out in writing prior to an Activity if I do not wish to be photographed or recorded.
(j) Payments, Refunds, and Exchanges
I understand that all payments made to Happy Blue Marble for classes, sessions, workshops, events, and other Activities are non-refundable and non-transferable, unless otherwise stated in Happy Blue Marble’s written cancellation policy. I acknowledge that no refunds, credits, or exchanges will be provided for missed or unused sessions.
(k) Waiver of Liability & Indemnification
In consideration of being permitted to participate, I knowingly, voluntarily, and expressly waive any and all claims I may have against Happy Blue Marble, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors, and staff (each a “Released Party”). This waiver applies even if a claim arises from negligence of a Released Party. I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending a claim by me or anyone acting on my behalf. This waiver does not extend to gross negligence, willful misconduct, or violations of non-waivable statutory rights.
(l) Emergency Medical Care Authorization
In an emergency, I authorize Happy Blue Marble personnel to seek medical evaluation and treatment for me if reasonably necessary. I accept responsibility for related costs.
(m) Age Requirement
I affirm that I am at least 18 years of age. I understand that no person under the age of 18 is permitted to participate in any Activities offered by Happy Blue Marble, whether or not accompanied by a parent or guardian.
(n) Newsletter & Privacy Policy
By signing this Agreement, I consent to be added to Happy Blue Marble’s email newsletter list. I understand I may unsubscribe at any time. I acknowledge that I have access to and agree to the Happy Blue Marble Privacy Policy, which describes what personal information is collected and why.
(o) Severability & Entire Agreement
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in effect. This Agreement represents the entire understanding regarding the Activities and may only be modified in a signed writing.
(p) Electronic Signature Consent
By signing electronically, I agree my e-signature has the same force and effect as a handwritten signature and consent to receive and retain records electronically.
(q) Governing Law
This Agreement shall be governed by the laws of the State of California. Any disputes shall be brought in a court of competent jurisdiction located in San Diego, California.
Acknowledgment
I acknowledge that I have carefully read this Agreement, fully understand its contents, and voluntarily agree to its terms. I am aware that by signing this Agreement, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against any Released Party.