TRACYLEE PERCIVAL - Wellness WAIVER AND RELEASE OF LIABILITY
By Purchasing a ticket, you agree to this waiver and release of liability.
In consideration of the risk of injury while participating in Wellness Event (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Tracy Percival, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, partners, predecessors, successors and assigns, and the venue where this event is taking place, including the venue owners, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Tracy Percival and ALL affiliates against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Tracy Percival incurs any of these types of expenses, I agree to reimburse Tracy Percival.
I acknowledge that Tracy Percival and their directors, officers, event partners, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Tracy Percival.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE TRACY PERCIVAL AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, PARTNERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST TRACY PERCIVAL FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Tracy Percival, its agents, affiliates, co-partners and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
When purchasing this ticket you enter into this agreement and consent for Tracy Percival to use my pictures and/or videos for advertising and marketing purposes. I understand that this content may be public and posted/shared on social media sites.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participants and Tracy Percival agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Contraindications for Breathwork
Like most types of therapy, Breathwork isn’t appropriate for everyone. It is also important to note that a contraindication for some types of Breathwork may not be one for another. For example, types of breathwork that use rapid breathing may be very risky for someone with certain health conditions, such as a high blood pressure, cardiovascular issues, a recent surgery, or osteoporosis. However, a type of Breathwork that utilizes a more gentle and relaxed form of breathing may be perfectly safe, and even beneficial. It’s recommended that you consult with your healthcare provider (including any mental health provider) and consult with the Breathwork practitioner before participating in any form of Breathwork.
Following is a list of some of the most common contraindications for Breathwork:
- Cardiovascular problems
- High or abnormal blood pressure
- History of aneurysms
- Epilepsy or history of seizures
- Anyone on heavy medication
- Severe psychiatric symptoms, particularly psychosis or paranoia
- Bipolar Depression
- Recent Surgery
- An active addiction
- Any person with mental illness who isn’t in treatment or lacks adequate support
Breathwork can result in intense physical and emotional release. Therefore, it is not advised for person’s with a history of cardiovascular disease, including angina or heart attack, high blood pressure, glaucoma, retinal detachment, osteoporosis, any specific recent physical injuries or surgeries. Breathwork is not advised for persons with severe mental illness or seizure disorders or for person’s using major medications. It is also unsuitable for anyone with a personal or family history of aneurysms. Pregnant women are advised against practicing breathwork without first consulting and getting approval from their primary care physician and the Breathwork facilitator before their first session.
I, the participant, affirm that I am of the age of 18 years or older, and that I am freely entering into this agreement by purchasing this ticket and/or attending this event. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am agreeing to my own free will. By purchasing this ticket and/or participating in this event I acknowledge that I have been sufficiently informed of the risks involved and give my voluntary consent in in total agreement to this release of liability as my own free act and deed; that I give my voluntary consent in agreement to this Liability Release Waiver as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation simply by purchasing this ticket and/or attending this event.