General Liability Release Agreement

 

Not Therapy: I ("Participant") understand that circle is not to be used as a substitute for professional advice by legal, mental, medical, or other qualified professionals and will seek independent professional guidance for such matters. If Participant is currently under the care of a mental health professional, Practical Magick ("Producer") will recommend that participant inform the mental health care provider.

 

Limited Liability: Except as expressly provided in this agreement, Producer makes no guarantees or warranties, expressed or implied. In no event will the Producer be liable to the Participant for consequential or special damages. Notwithstanding any damages that the Participant may incur, Producer's entire liability under this agreement, and the Participant's exclusive remedy, will be limited to the amount paid by the Participant to the Producer under this agreement for all services rendered up until the program end date. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
 

If a dispute arises out of this agreement and cannot be resolved by mutual consent, the Participant and Producer agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney's fees and court costs from the other party.

 

Applicable Law: This contract shall be governed by the laws of the State of Vermont in Chittenden County and any applicable Federal Law.

 

Personal Injury Waiver

 

This Personal Injury Waiver (the "Waiver") is made by the undersigned for the purpose of utilizing the facilities and premises of Practical Magick (the "Company"), at the location 15 Pearl Street, Essex, VT and in the acknowledgment that in the utilization of the premises and facilities of the Company, occupies risk of personal injury that may arise or happen at any time.

 

In consideration of the Company allowing the undersigned to make use of the venue and its facilities and equipment for the relevant purpose by which the Company allows, the undersigned agrees to assume the foreseeable and unforeseeable risk of personal injuries related to the activity, and agrees to release, discharge, and hold harmless the Company & its owner(s) free from any and all liabilities, claims, cause of action, damages, or losses, which may be incurred by the undersigned in using said premises and its equipment and/or facilities, and which may arise from any reason whatsoever, specifically including, but not limited to, any negligence on the part of the owners, its employees, or losses arising from theft or for any other reason whatsoever.

 

This Waiver shall be binding upon the parties, their respective heirs, representatives, successors, and assignees. In case any part of this Waiver be construed as improper or invalid, such invalidity will affect only that part of this Waiver and the rest shall remain valid and enforceable.