THIS LIABILITY WAIVER (hereinafter, the "Agreement"), made and entered into as of the date upon which the parties, herein, fully-execute this Agreement by and between both Project Fruition, LLC., a New Jersey limited liability company with a current address of 388 Union Street, Unit A, Rahway, NJ, 07065 and The Well Mommy, LLC., a New Jersey limited liability company with a current address of 255 E Grand Ave., Unit 402, Rahway, NJ, 07065 (“Doula”) and the Undersigned Party (hereinafter, the “Participant”). The Doula and Participant shall collectively be known as the “Parties.”

 

The Doula is in the business of, but not limited to, providing doula services, yoga guidance, mindfulness lessons, online and video content, coaching to a wide variety of clients (the "Doula Business").

By entering into this Agreement, Participant understands, grants and authorizes:

  1. Doula the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all photos, audio, or video taken during the course of the Doula Services to be used in and/or for any lawful purposes. This authorization extends to all languages, media, formats, and markets now known or later discovered. The authorization shall continue indefinitely. Participant agrees that any and all material created by Doula during the course of the Doula Business shall become the property of Doula. Participant waives the right to inspect or approve any finished product in which Participant’s likeness will appear. Participant agrees to this release without being compensated. Participant waives any right to royalties or other compensation arising or related to use of Doula Business material in which Participant’s likeness will appear. By entering into this Agreement, Participant hereby holds harmless and releases Doula from all liability, petitions, and causes of action which Participant, Participant’s heirs, representative, executors, administrators, or any other persons may make while acting on Participant’s behalf or on behalf of Participant’s estate.
  2. Yoga includes physical movements, as well as an opportunity for relaxation, stress reeducation, and relief of muscular tension. As is the case with any physical activity, the risk of injury to me or to third parties, even serious or disabling, is always present and cannot be entirely eliminated.
  3. To expressly acknowledge, agree, and promise to accept and assume all of the risks existing in this activity.  The Doula assumes no responsibility for injuries suffered while practicing these techniques at your home, offsite locations, any other location of your choice.
  4. Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I have received the appropriate medical clearance from my healthcare provider. 
  5. To hereby irrevocably release, forever discharge, and agree to indemnify and hold harmless the Doula, from any and all claims, demands, or causes of action, which are in any way connected with my participation in yoga or my use of Doula’s equipment or facilities, online yoga classes, offsite yoga classes at selected venues including any such claims which allege negligent acts or omissions of the Doula and including any claims related to COVID 19 or any other illness or disease.
  6. Should the Doula or anyone acting on its behalf be required to incur attorney’s fees and other costs to enforce this agreement, I agree to indemnify and hold the Doula harmless for all such fees and costs.
  7. The inherent risks associated with conception, pregnancy, labor and delivery and that Doula is not a clinician or medical care provider of any kind. EXCEPT AS SET FORTH HEREIN, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, REPRESENTATIVE, EXECUTORS, ADMINISTRATORS, OR ANY OTHER PERSONS ACTING ON CLIENT’S BEHALF OR ON BEHALF OF CLIENT’S ESTATE AGREE TO FULLY RELEASE, INDEMNIFY AND HOLD HARMLESS DOULA, AND DOULA’S EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY.



IN WITNESS WHEREOF, the parties hereto have properly executed this agreement by clicking the box labeled "I have read and agree to the terms & conditions of this page." on the checkout page.