Waiver of Liability, Release and Indemnity
(Release & Waiver)
Upon booking a service with The Golden Thread, you check a box to agree to this waiver.
To: Marissa Kosolofski, doing business as The Golden Thread (the “Facilitator”) and the Facilitator’s, employees, contractors, assistants, agents, heirs and assigns, as applicable (collectively, “Released Parties”).
I am participating in the wellness services (the “Services”) offered by the Facilitator which I understand are designed to enhance quality of life and support holistic well-being through strong connected breathing, meditation, guided imagery as well as body relaxation. The Services may be offered in the physical location of the Facilitator or offered online in a virtual space, by videos, television, podcasts, apps or other digital media platforms. In consideration of participating in the Services and in using any of the Facilitator’s premises, facilities and/or equipment, or virtual spaces, I, the undersigned, acknowledge and agree as follows:
Acknowledgment of Risk
I understand the Services can involve dramatic experiences accompanied by strong emotional, mental, and physical responses. I acknowledge that the Services bear inherent risks and dangers, and that Facilitator cannot eliminate, alter, or control these inherent risks and dangers. These risks and dangers include, but are not limited to, onset or exacerbation of known and unknown health conditions, inaccessibility to immediate medical attention, over-exertion, psychological distress and disorientation, hyperventilation, respiratory alkalosis, muscle spasms, chest pain, numbness, heart attack, catastrophic injuries and even death. I understand that the description of the risks and dangers in this Release and Waiver is not complete.
Voluntary Assumption of Risk
I understand the Services offered are not intended to constitute medical advice or any substitution for medical care. I understand that Services are not intended to be relied upon for diagnosis or treatment in relation to any health problem, and services of the Facilitator do not replace the care of licensed professionals. Activities are not safe under certain medical conditions and not advised for persons with a history of cardiovascular disease or prior heart attack, Covid-19, high blood pressure, use of prescription blood thinners such as Coumadin, epilepsy or seizures, glaucoma, retinal detachment, osteoporosis, severe asthma, bipolar disorder, schizophrenia, dissociative disorders, history of significant trauma, and significant recent physical injuries or surgery. It is also unsuitable for anyone with a personal or family history of aneurysms. Pregnant women are advised against practicing Services without first consulting and getting approval from their primary care physician.I voluntarily choose to participate and assume all risks and dangers of my participation in the Services, including all risks of injury, physical or financial loss and even death that may result from participating in the Services, even if the risks are created by the carelessness, negligence, or gross negligence of any of the Released Parties or any other third-party. I further understand that I am aware of my own capabilities and limitations and am solely responsible for my own actions and inactions and have the autonomy to decide whether I should or should not, participate or continue to participate in the Services.
Representation and Warranty
I represent and warrant that I am aware of the physical, mental, and emotional demands of the Services and that, I am physically, mentally, and emotionally able to participate in the Services. I do not have any physical or mental conditions which would impair my ability to engage in Services provided or which would otherwise endanger my health, or which would cause any risk or harm to myself or other participants. I understand the Services are not medically supervised. I have hereby been advised to that I should talk to my physician and or psychotherapist if I have any questions about my physical, mental, or emotional ability to safely participate in Services. If I have chosen not to obtain a physician’s consent prior to my participation in Services, I hereby agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in activities that are appropriate for the current status of my health and to modify Services to accommodate my own needs or limitations. If I have any questions or concerns about whether a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor before I participate in such activity. I acknowledge and agree that the Facilitator may, in its sole discretion, refuse my participation in any or all the Services, if the Facilitator believes that my participation would put themselves, any Released Parties, or any other participants at risk.
Methodology, Warranties and Outcomes
I understand the stories or testimonials presented before or during the session do not constitute a warranty, guarantee, or prediction regarding my experience during or after the session. The Facilitator makes no warranty, guarantee, or prediction that I will experience any particular state of awareness or consciousness during or after any and all Services, nor does it make any representation that I will experience any particular outcome on an issue.
In the instance of a group session(s), I may voluntarily reveal personal information and I understand that in doing so I hereby waive my rights of privacy and confidentiality.
Release, Waiver, and Indemnity
I hereby release, indemnify, and save harmless the Released Parties from any and all responsibility, liability, claims, actions, suits, costs, loss, expenses and damages arising directly or indirectly from my participation in the Services to the fullest extent permitted, including financial damages or personal injuries, however caused, including negligence. I further indemnify the Released Parties from any costs, damages, or expenses, including legal fees, they may incur as a result of defending any claim made by me or on my behalf. This Release and Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, successors, assigns and representatives as applicable. This clause survives indefinitely.
Limitation of Liability
If for any reason the Released Parties are found liable for damages arising directly or indirectly from this Release and Waiver, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed the amount of any fee I have paid to Facilitator.
If any of the provisions of this Release and Waiver are found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Governing Law and Jurisdiction
This Release and Waiver is governed by and interpreted in accordance with the laws of Manitoba and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Release and Waiver will be submitted and heard exclusively in the courts of Manitoba.
Counterparts and Electronic Signing
This Release and Waiver may be signed electronically and/or in counterparts that, when taken together constitutes a fully signed and legally binding agreement.
I CONFIRM I AM AT LEAST 18 YEARS OLD AND THAT BY SIGNING THIS RELEASE AND WAIVER I AM ASSUMING CERTAIN RISKS AND WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST THE RELEASED PARTIES.
I understand and agree that the Facilitator from time to time may film, photograph and/or record the Services and place or display the photograph or video on its website or social media platform. I hereby consent to the use of my image that may appear in any such photograph or video.
I further agree that I will not record by audio, video, photographic or any other means, any portion of any individual or group session offered by the Facilitator.