2. ASSUMPTION OF RISKS. I wish to participate in sound healing at the Location, and
hereby assume all risks of engaging in sound healing. I also hereby hold harmless and release SACRED SOUND HAVEN, its members, managers, employees and agents, as well as Cora Tran in her individual capacity (collectively, “Indemnitees”) and indemnify each of them from and against any and all loss, claim, cause of action, lawsuit, damage, liability, cost or expense whatsoever which any of them may incur arising out of, or in connection with, my participation in sound healing at the Location, including, but not limited to, the personal development and transformational activities to be conducted as part of sound healing and the use of any equipment, objects, or facilities at the Location. I am aware and understand that sound healing may involve the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, and/or property damage, and/or financial loss. I acknowledge that these risks may result from, or be compounded by the actions, omissions, or negligence of SACRED SOUND HAVEN’s or Cora Tran’s employees or others, including negligent emergency response or rescue operations of the SACRED SOUND HAVEN. I understand that while the SACRED SOUND HAVEN and Cora Tran have implemented measures to reduce the risk of injury from sound healing, the Company and Cora Tran cannot guarantee that I will not be injured while at the Location or during my participation in sound healing.
NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE LOCATION AND PARTICIPATING IN SOUND HEALING WITH KNOWLEDGE OF THE RISKS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
3. WAIVER AND RELEASE. I agree that neither I, nor any member of my family, will sue any Indemnitee because of my participation in sound healing or my presence at the Location at any time, and I understand that this Release shall be binding upon my
estate, my heirs, next of kin, executors, administrators, representatives, successors and assigns. I shall defend, indemnify, and hold harmless the SACRED SOUND HAVEN and Cora Tran against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees, the costs of enforcing any right to
indemnification under this Release, and the cost of pursuing any insurance providers,
arising out of, or resulting from, any claim of a third party related to my being on at the Location or participating in sound healing, including any claim related to my own
negligence or the ordinary negligence of the SACRED SOUND HAVEN and Cora Tran.
Further, I specifically waive any claim or right to assert any cause of action or alleged
case of action or claim or demand which has, through oversight, or error, intentionally, or unintentionally, or through a mutual mistake, been omitted from this liability waiver and Release. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: A general release does not extend to claims that releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with released party.
4. MEDICAL TREATMENT. I hereby consent to receive from any licensed hospital,
physician, or medical personnel, any medical treatment deemed necessary, if I am
injured or require medical attention during, or from, my participation in sound healing. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
5. REPRESENTATIONS REGARDING PSYCHOLOGICAL STABILITY. I understand that
sound healing is a nondenominational spiritual activity and should not be treated as
psychotherapy or psychological counseling even though sound healing will feature
activities designed to teach me personal development and transformational skills I can use for my personal growth. These activities may involve accessing sensitive
psychological material, for example, childhood memories or personal traumas, and I
declare that I have the psychological stability to handle whatever may come up. I
understand that I am responsible for my participation in sound healing and any personal development or psychological work or conditioning that I choose to do, and I will not hold SACRED SOUND HAVEN or Cora Tran responsible for any pain, emotional suffering or damages that may occur.
6. DISCLOSURES REGARDING MEDICAL AND PSYCHOLOGICAL CONDITIONS. Even
though sound healing is not intended as psychotherapy or psychological counseling, the work I will be experiencing, or learning to do, can access deep places inside me. I have fully disclosed to SACRED SOUND HAVEN any and all medical or psychological
conditions and other circumstances that may prevent me from fully participating in sound healing with Cora Tran at the Location. I confirm that I am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in sound healing. I will also follow all instructions, recommendations, and cautions of the SACRED SOUND HAVEN and Cora Tran at all times. If, at any time, I believe conditions to be unsafe, or I am no longer in proper physical condition to participate in sound healing, I will immediately discontinue further participation in sound healing.
7. ADDITIONAL ACKNOWLEDGEMENTS. I further understand that information I may
receive as part of sound healing is in no way intended as medical or psychological
advice, as a substitute for medical or psychological counseling, or as treatment or cure for any particular health or mental condition.
8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY. This liability waiver and
Release shall be governed by the laws of the State of California, and that any action,
claim or proceeding under this liability waiver and Release shall be commenced
exclusively in the courts of California, or the United States District Court for the Southern District of California. This liability waiver and Release may not be revoked, terminated or amended verbally, but only by a written instrument signed by me and an authorized representative of the SACRED SOUND HAVEN. This Release constitutes the sole and entire agreement of the SACRED SOUND HAVEN and/or Cora Tran and me with respect to the subject matter contained herein and supersedes all prior and
contemporaneous understandings, agreements, representations, and warranties, both
written and oral, with respect to such subject matter. If any term or provision of this
Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction.
I HAVE READ AND UNDERSTOOD THIS LIABILITY WAIVER AND RELEASE, HAVE HAD THE OPPORTUNITY TO HAVE LEGAL COUNSEL REVIEW THIS LIABILITY WAIVER AND RELEASE, AND I AM AWARE THAT BY SIGNING THIS LIABILITY WAIVER AND RELEASE I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MEMBERS OF MY FAMILY, MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS MAY HAVE AGAINST COMPANY, ITS MANAGERS, EMPLOYEES, AND AGENTS, AND CORA TRAN. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.