Disclaimer

Release and Waiver of Liability
Amy Pelkey, of Amy Pelkey, LLC; and affiliated teachers/guides

Contact info:

amy@amypelkey.com

4017 Washington #181, McMurray, PA 15317

Use of www.amypelkey.com, www.pausetoremember.org, www.mindfulbeauty.com or  content from websites, courses, emails, or social media content implies consent to this Release of Waiver of Liability.

I, __________________________________________, virtual participant, hereby agree to the following:

1. I am participating in yoga and meditation classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities (collectively, the “Activities”) offered by Amy Pelkey, or any other teacher or contributor, ("Teacher") on the www.pausetoremember.org and website.

2. I recognize that I must be in adequate physical and mental health to participate in the Activities and have received medical clearance from my medical provider. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the Teacher reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.

3. I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.

4. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Teacher.

5. In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the Teacher (“Released Party”) that I may sustain as a result of participating in the Activities at the Studio even if the Claim arises from the negligence of Released Party or anyone else.

I agree to indemnify and hold harmless Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of Released Party or anyone else.

“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.

6. I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue Released Party for any Claim caused by any negligence or other acts of Released Party.

7. This agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Washington, PA. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.

I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. 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.

Signature of participant: Using www.pausetoremember.org is your signature. You are participating by your free will and choice. You can choose not to participate at anytime.

WEBSITE DISCLAIMER




INTRODUCTION

The information provided by [business entity name] (“we,” “us” or “our”) on [website name] (the “Site”) [and our mobile application] is for general informational purposes only. All information on the Site [and our mobile application] is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site [or our mobile application].

Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the site [or our mobile application] or reliance on any information provided on the site [and our mobile application]. Your use of the site [and our mobile application] and your reliance on any information on the site [and our mobile application] is solely at your own risk. This disclaimer template was created using Termly.

EXTERNAL LINKS DISCLAIMER FOR WEBSITE

The Site [and our mobile application] may contain (or you may be sent through the Site [or our mobile application] links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

PROFESSIONAL DISCLAIMER FOR WEBSITE

The Site cannot and does not contain [medical/legal/fitness/health/other] advice. The [legal/medical/fitness/health/other] information is provided for general informational and educational purposes only and is not a substitute for professional advice.

Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of [medical/legal/fitness/health/other] advice. The use or reliance of any information contained on this site [or our mobile application] is solely at your own risk.

AFFILIATES DISCLAIMER FOR WEBSITE

The Site [and our mobile application] may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include [_________________].

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn advertising fees by linking to Amazon.com and affiliated websites.

TESTIMONIALS DISCLAIMER FOR WEBSITE

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary. 

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. 

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. [We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.]

The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

Posted on: July 21, 2021