The Essentials For Nervous System Health & Healing
Service Offering Agreement
January 26, 2023
Registration for the class (the “Class”) requires your agreement to the terms contained in this consent, waiver, and this agreement (this "Agreement").
Please read the terms of this Agreement carefully, as they may affect your legal rights.
Class Recordings and Testimonials, Uses, and License
By registering for the Class, I hereby understand and agree that Scientuitive – Fitness & Wellness Education Inc. (the “Company”) and representatives or other persons authorized by the Company will be recording the Class and that these recordings and copies or reproductions of same may contain my name, likeness, statements, or voice (collectively, the “Recordings”). I also understand that the Company may request or receive testimonials or other feedback (“Testimonials”) that may contain my personal experiences with the Class. I also understand that the Recordings and Testimonials will be the exclusive property of the Company to use at its sole discretion during and after the Class on terms in this Agreement, without providing me additional compensation.
Accordingly, I hereby grant to and in favour of the Company and its successors, heirs and assigns the unrestrained, irrevocable, worldwide, assignable, sublicensable, and perpetual license to use, publish, display, broadcast, adapt, license, modify, and reproduce the Recordings and Testimonials for any purpose across all media now known or created in the future. Without limiting the generality of the foregoing, I hereby and forever authorize the Company to use the Recordings and Testimonials in connection with advertisement and promotion of the Company’s classes or other endeavors, sharing records of its classes on social media (whether related to the Class or otherwise) or in public displays, exhibitions, and educational materials connected to its classes or other endeavors.
I agree that Recordings and Testimonials will be the exclusive property of the Company to use in its sole discretion in accordance with this Agreement, without additional compensation owing to me for their use, and hereby waive any right to inspect and approve the finished product or final version of the Recordings and Testimonials. During and after the Class, I further agree to waive and release all intellectual property and moral rights in connection with the Recordings and Testimonials and the Company’s use in accordance with this Agreement.
Assumption of Risks, Waiver, and Release
While the Class fosters health and well-being, any activity of a physical nature carries risk of injury and loss. While the care and safety of our participants is of utmost importance, such risks cannot be entirely eliminated. I acknowledge and am aware of such inherent risks and am voluntarily participating in the Class, including all related activities during or after the Class, with full acceptance and assumption of all such risks and dangers, whether caused by the Company or any of its representatives, myself, or others.
In consideration for the right to participate in the Class, I hereby and forever waive all legal rights to sue and any and all claims I may ever have against the Company and its directors, officers, shareholders, employees, contractors, agents, advisors, and authorized representatives (the “Released Parties”) for any loss, injury, death, damage or expense that I may suffer, incur or experience arising out of or in connection with the Class.
I hereby and forever release the Released Parties from any and all liability and from any and all claims, demands, damages, expenses, costs, actions or causes of action in respect to death, injury, loss or damage to me or my property, however caused, arising out of or in connection with the Class and notwithstanding that such loss, injury, death, or damage may have arisen by reason of the negligence of any of Company or any of its authorized representatives, as the case may be.
The Company and its authorized representatives are committed to fostering a respectful environment where Class participants are welcoming and inclusive of all, and treat others with dignity and respect and in a non- discriminatory manner.
I hereby acknowledge that if, in the reasonable opinion of any of the Company’s authorized representatives, I am acting in a disrespectful manner to any such authorized representatives or the Class participants or both, I may be removed from the Class without refund.
I also agree to be on time and present before the Class begins.
No Medical Advice, Diagnosis, or Treatment
Please note that the Class is not a substitute for professional medical advice, diagnosis, or treatment. The Class is intended to provide somatic, nervous system based information for your education and learning. The Class has not been scientifically evaluated and should not be used as a substitute for medical or psychiatric advice, cannot diagnose or treat any medical or psychiatric condition and does not replace care from a physician. Neither the Company nor its authorized representatives are psychiatrists, psychologists, or medical professionals. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call your local emergency services immediately.
Limitation of Liability
The Company’s liability with respect to its obligations under this Agreement or otherwise, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, and even if the Company has been advised of the possibility of such damages and for any and all claims arising out of or in connection with the Class, regardless of the form of action, shall not exceed the aggregate amount of the fees that I paid the Company to attend the Class.
In no event shall the Company be liable for any indirect, incidental, or consequential damages of any kind, including without limitation, indirect, special, punitive or exemplary damages for lost business, lost savings, lost data, and lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages.
This Agreement constitutes the entire agreement between me and the Company in connection with and following my participation in the Class. This Agreement supersedes all prior representations, warranties, agreements and understandings, whether oral or written, express or implied in respect of the foregoing. No supplement, modification or waiver of this Agreement shall be binding unless signed by me and the Company.
I agree that this Agreement will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein, without regard to their conflict of laws principles. Should a dispute arise as a result of this Agreement, I agree to submit to the exclusive jurisdiction of the courts of British Columbia and waive any jurisdictional objections to such courts. I further agree that the prevailing party in any action that arises as a result of this Agreement will be entitled to receive from the other party its reasonable legal costs.
Acknowledgement and Independent Legal Advice
I acknowledge that I have read the above terms and fully understand them. I am of the legal age of majority in my jurisdiction and am authorized to grant the permissions, waivers, and releases set forth above. I have either sought or hereby waive the opportunity to seek independent legal advice prior to accepting the terms of this Agreement.
Refund Policy - VERY IMPORTANT PLEASE READ CAREFULLY
Due to the digital nature of the class no refunds are offered.