TERMS + CONDITIONS
TO: WILD WELL-BEING INC., NICOLE BERNS, AND ALL THEIR DIRECTORS, OFFICERS, EMPLOYEES, GUIDES, AGENTS, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (ALL OF WHOM ARE HEREINAFTER COLLECTIVELY REFERRED TO AS “THE RELEASEES”)
In this Agreement, the term “the Activities” shall include but is not limited to: coaching, yoga, massage, tantra, self-pleasure, sex home-play, travel, and all activities, services, and use of facilities either provided by or arranged by the Releasees including, orientation and instructional classes.
ACKNOWLEDGEMENT – SAFETY EQUIPMENT AND HEALTH
I understand that, for my safety, I must wear and operate equipment, such as yoga mats, yoga props, & sex toys as intended for its use by the manufacturers. I acknowledge that I have been advised to wear and utilize equipment while participating in the Activities. Instruction as to the appropriate equipment and the proper use of the equipment is available from the Releasees. I am aware that participating in the Activities may result in injury or aggravation of previous injuries. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with the Activities.
ASSUMPTION OF RISKS – SENSITIVE CONTENT
I am aware that participation in the Activities can involve many personal risks and hazards. The nature of the Activities can be sensitive, traumatizing, triggering, and can affect both physical and mental health. There may include but are not limited to: revisiting sexual trauma; use of sexual language; talking about genitals; talking about sexual history; self-pleasure or sex home-play; use of sex toys; pornographic content; and negligence on the part of the Releasees, including failure by the Releasees to take reasonable steps to safeguard or protect me from any risks, dangers, and hazards of the Activities. I am aware that the Releasees may fail to predict whether certain topics are triggering. I acknowledge that communication at times may be difficult, but, due to the sensitive nature of the content, I agree to communicate and comply to boundaries set by myself and the Releasees.
I AM AWARE OR THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING.
Payment is to be paid in full, due immediately or before the agreed upon start date. If offered a payment plan, I agree to recurring payments to be drawn from my account at the agreed cost & duration of said payment plan. There are no refunds on the course, deposits, or coaching. All payments are final. All prices are in Canadian dollars and all payments must be made through paypal or stripe.
Everything shared within the coaching container, whether that be in a private or group setting, is strictly confidential. The Releasees may choose to share that content within the community of clients in the future without permission and without sharing personal identification such as, name, location, date of enrolment, or any other personal information that may result in identification. By participating in online courses that are recorded, I understand and acknowledge that my image, voice, or video may be recorded and that the Releasees may use my image, voice, and video without permission in the future for promotional, social media, or business purposes. As such, I agree to grant the Releasees the irrevocable right and permission to use, through the world in perpetuity, my image, voice, video, and likeness which comes through the participation in any of the Releasees courses or content, whether that be captured by the Releasees, myself, or a third-party.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in the Activities as defined in this Agreement, and for other good and valuable considerations, the receipt and sufficiency of which is acknowledged. I hereby agree as follows:
1.TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for nay loss, damage, expense, or injury including, death that I may suffer, or that my next of kin may suffer as a result of my participation in the Activities.
2.TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in the activities.
3.This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.
4.This Agreement and any rights, duties, and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
5.Any litigation involving the parties to this Agreement shall be brought solely within the province of British Columbia and shall be within the exclusive jurisdiction of the courts of the province of British Columbia.
6.Damage to equipment: I agree that I will be responsible for any and all damage that I purposely cause to the equipment used while in my possession.
IN ENTERING THIS AGREEMENT, I AM NOT RELYING ON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF THE ACTIVITIES, OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.