WAIVER AND RELEASE OF LIABILITY RIGHTS.
READ THE ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING.
1. RELEASE OF LIABILITY – To the maximum extent allowed by law, I, the undersigned (“I”), agree to waive and release any and all claims, suits or related causes of action against Camellia Alise, LLC, its owners, officers, employees, or agents (collectively “Camellia Alise, LLC”), for negligence, injury, loss, death, costs, or other damages to me, my heirs or assigns, while on the premises where Camellia Alise, LLC will be performing my procedure.
2. ASSUMPTION OF RISK – I understand and acknowledge there are risks involved with spa services and treatments. I have had the opportunity to ask questions regarding these risks and other possible complications. I understand any false or misleading information I have given may lead to undesired results and complications and hereby waive Camellia Alise's liability if such results or complications occur. I further understand my failure to follow post care instructions may also lead to undesired results, complications or effects and hereby waive Camellia Alise's liability if such results or complications occur. In consideration for Camellia Alise's performing this procedure, I agree I will assume the risk and full responsibility for any and all injuries, losses, or damages, which might occur to me and/or my family while undergoing this procedure or side effects that may be experienced after the procedure is performed. I understand that the service providers do not diagnose illness, disease, or any other physical or mental conditions. The providers also do not prescribe medical treatment or pharmaceuticals, nor do they perform any spinal adjustments. Spa services are not a substitute for medical examinations and diagnosis. It is recommended that I see a physician for any physical or mental ailment that I might have. Any sexual misconduct exhibited by the Client will result in immediate termination of the session, and the client will be liable for payment of the scheduled appointment. If for any reason I am uncomfortable, I may ask the practitioner to cease the procedure and the practitioner will end the session. If I cancel, reschedule, or skip an appointment without 24 hours notice, I agree to forfeit the full session fee.
3. INDEMNIFICATION – I agree I will indemnify, defend and hold Camellia Alise harmless, to the maximum extent allowed by law, from negligence, injury, loss, death, costs or other damages to me, my heirs or assigns, or third parties for claims, suits, or related causes of action asserted against Camellia Alise arising from my conduct and/or my family’s conduct while on the premises or participating in any off-site activity in conjuction with Camellia Alise.
4. APPLICATION – I agree that this Waiver and Release of Liability (“Release”) shall apply to each visit I make to Camellia Alise including future visits, regardless of the date that this form is signed below.
5. AGREEMENT TO COMPLY WITH RULES – I agree to, and will comply with, Camellia Alise'sPolicies as posted at www.camelliaalise.com and, I acknowledge Camellia Alise's Policies are subject to change at the sole discretion of Camellia Alise's management.
6. BINDING ON OTHERS – This Release shall bind the members of my family and my spouse or registered domestic partner, if I am alive, as well as my estate, family, heirs, administrators, personal representatives or assigns if I am deceased and shall be deemed as a “Release, Waiver, Discharge and Covenant” not to sue Camellia Alise.
7. SEVERABILITY – I agree that the purpose of this Release is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Texas law. I agree that if any portion or provision of this Release is found to be
invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid portion will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Release.
8. APPLICABLE LAW, FORUM & ATTORNEY’S FEES – This Release is governed by and shall be construed in accordance with the laws of the state of Texas, without any reference to its choice of law rules. I agree that any dispute arising from this Release or in any way associated with Camellia Alise shall be brought only in the Superior Court of Harris County, Texas, or in the U.S. District Court for Texas, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this Release is contested, I agree that the substantially prevailing party will be entitled to receive all attorney’s fees and costs from the party contesting the validity of this Release.
9. INTEGRATION – This document encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. I acknowledge that no oral representations, statements or other inducements to sign this Release have been made apart from what is contained in this document.
I certify that I have read and fully understand the above paragraphs, that I have had sufficient opportunity for discussion and to ask questions, and that I hereby consent to the procedure described above. I have fully informed myself of the contents of this release by reading it before signing it. By my signature below I understand and agree to the above terms and conditions.
All of the above information is true and accurate to the best of my knowledge. I take full responsibility for alerting my practitioner to any physical or mental condition which would affect my service or results. I am aware of and will inform my practitioner(s) of any changes in my health. I understand that these services do not constitute as medical treatment.
MAXIMUM LIABILITY. CAMELLIA ALISE’S MAXIMUM AGGREGATE LIABILITY TO PATIENT RELATED TO OR IN CONNECTION WITH THE PROCEDURE PERFORMED BY CAMELLIA ALISE, ITS EMPLOYEES, OR AGENTS WILL BE LIMITED TO THE TOTAL AMOUNT PAID TO CAMELLIA ALISE BY PATIENT FOR THE PROCEDURE DESCRIBED IN THIS AUTHORIZATION AND CONSENT.