Liability Waiver and Informed Consent for Participation in The Six Week Course
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
1. Parties
This Agreement (“Agreement”) is made and entered into as of [DATE] by and between IRCE, Inc DBA The SIx Week Challenge (“TSW”), a Deleware corporation, with a principal place of business at 6337 Charlotte Pike, Nashville, Tn 37219 (hereinafter referred to as “Company”), and you, the participant, (hereinafter referred to as “Participant”). By using this service and participating in TSW, you agree to the following terms and conditions.
2. Course Description and Disclaimer
Participant acknowledges that TSW offers a six-week health and wellness course (the “Course”). Participant understands that the course leaders of TSW are not licensed mental health professionals and do not provide psychotherapy, psychiatry or any other mental health service that would require a license, nor do course leaders hold themselves out to provide such services. Course leaders provide coaching, consulting and educational services that often result in substantial learning and transformation while offering individual and group support. Participant acknowledges and agrees that the Course and the Materials (defined below) are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment.
3. Confidentiality
Participant understands that all issues discussed in the context of TSW are confidential, and will be treated as such by Company and course leaders, unless Participant gives their expressed written permission authorizing otherwise.
4. Participant Confidentiality Obligations
Participant understands that weekly calls with fellow participants are confidential, and will be treated as such by all members. Participant agrees to not divulge any confidential information of other participants in TSW. This information includes, but is not limited to, not discussing any information pertaining to any group member with any other person(s) not a member of this group; not reviewing/showing any Zoom replays with any other person(s) not a member of this group; not discussing any information pertaining to any group member in any place where it can be overheard by anyone not directly involved with the group. Participant understands that any violation of these confidentiality principles could result in their termination as a course participant.
5. Intellectual Property
Participant understands that all concepts, information and materials used in this course (“the Materials”) are the proprietary property of TSW and are protected by copyright, trade secret and other applicable laws. Participant acknowledges that they have no right, title or interest of any kind on any legal basis in or to the Materials. Participant represents and warrants and that they own or have the necessary rights to all content shared through our services, and by participating in or uploading such content (including forums, groups, video calls, and user submissions), participant grants us all rights to and waives any claims regarding such content and any derivative works created from it.
6. Disclaimer of Warranties
Company is not making any representation or warranty as to the accuracy or applicability of any information furnished. Any advice provided by TSW is strictly a recommendation and product suggestions may not have been approved by the FDA. Any companies or products mentioned by TSW are not affiliated with TSW. Participant will not hold TSW accountable for any issues, health-related or otherwise, that may result from following any recommendations written or otherwise provided by TSW.
7. Medical Disclaimer
Participant understands that they should not rely on the Materials as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If Participant has any concerns about their health, they should always consult with a physician or other health-care professional.
8. Pre-Participation Health Considerations
Participant acknowledges their responsibility to assess their own emotional, mental, and physical well-being before participating in TSW. This includes consulting with a physician to ensure their suitability for the program, especially if they are currently under medical treatment for any condition. Participant understands that the Course and Materials are not a substitute for professional medical advice and they agree to assume full responsibility for any decisions made or actions taken as a result of participating in TSW.
9. Assumption of Risk and Release of Liability
Participant acknowledges that they have assessed their own emotional, mental and physical well-being, and have concluded that they wish to and are able to participate in TSW. Participant warrants that there are no medical conditions that would prevent participation in the program, and agrees to assume full responsibility for any risks, injuries or damage, known or unknown, which might incur as a result of participating in the program. Participant, for themselves and their heirs, assigns, personal representatives and successors in interest, hereby fully releases, acquits, and forever discharges Company, its owners, members, employees, sponsors, advisors, and/or insurers (collectively, the “Released Parties”) from any and all claims, demands, liabilities, losses, costs, charges, or expenses of any kind, whether known or unknown, arising out of, or in any way connected with, Participant’s participation in the Course, including, but not limited to, any injuries or damages sustained by Participant, even death. Participant understands they are giving up their right to sue and forever release the Released Parties from all claims, regardless of fault, arising from or in connection with, participation in the course.
10. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. Privacy policy and other terms and conditions are available upon request.