Release and Waiver of Liability (Virtual Program)
SoulPaws Recovery Project Inc. is a 501(c)(3) nonprofit corporation (“SoulPaws”), which unleashes the healing power of the human-animal connection to aid those struggling with mental health challenges, in part through the “SoulPaws Healing Circle” (the “Program”), which will be facilitated virtually by a licensed clinician on one or more dates. This Release and Waiver of Liability is intended to be continuing and ongoing in nature and shall apply to any and all participation by the undersigned in the Program, whether occurring on the date of execution or at any time thereafter via an online platform.
In consideration for providing you the ability to participate in the Program, and in order to be a participant in the Program or to authorize your minor child to participate in the Program (in either case, a “Participant”), you hereby acknowledge and agree to the following:
Description of Services.
The Program is an Animal-Assisted Activity (“AAA”), which is an informal and goal-oriented program in which participants will participate with their pets for motivational, recreational and/or educational purposes. The Program is conducted virtually through video conferencing or similar online technology. While there may be therapeutic benefits to an AAA, this is not a clinical treatment. It does not function as a substitute for therapy, nor is it intended to prevent, cure or treat any mental disorder or medical disease.
Participant Expectations and Risks.
When participating in the Program, each Participant agrees to:
🐾 Participate from a safe, private, and appropriate environment.
🐾 Ensure that any personal animals present are properly supervised and controlled.
🐾 Follow all directions during the session.
🐾 Refrain from disruptive, unsafe, or inappropriate behavior.
🐾 Not record, photograph, screenshot, or distribute any portion of the Program without express written permission from SoulPaws.
🐾 Recognize that participation is voluntary and may be discontinued at any time.
🐾 Take a time out if needed, or make such a request, if needed.
🐾 Ask for help, when needed.
With respect to the Program, there are inherent risks involved with participation, including but not limited to technical difficulties, including interruption of internet service and/or platform malfunctions, risks associated with the presence of the Participant’s own animal during the session, and risks to privacy inherent in online communications. There also could be psychological risks associated with discussing treatment and recovery. However, if at any point during the activity, a Participant feels uncomfortable, their participation may stop at any time.
Privacy and Personal Information.
By signing below, the Participant hereby gives their informed, express consent allowing SoulPaws to collect and process their personal information or personal data (as those terms are defined by state privacy laws) for the purposes of providing, conducting, and administering the Program and the AAA. The categories of personal information that SoulPaws may collect and process for these purposes may include: names, contact information, testimonials or experiences shared by the Participant, and any other information Participant may choose to share with SoulPaws, such as through Program participation or social media channels. Such personal information may also include sensitive categories, such as demographic information only if the Participant chooses to provide it.
Technology and Privacy Disclaimer.
Participant understands that the program is conducted via third-party online platforms and technologies. While SoulPaws takes reasonable measures to protect privacy, SoulPaws cannot guarantee the security or confidentiality of information transmitted electronically. The Participant is responsible for: (i) securing their own device and internet connection, (ii) using updated software; and (iii) participating from a location that protects their personal privacy.
Assumption of Risk.
Participant recognizes that SoulPaws has not undertaken any duty or responsibility for their safety in their chosen participation environment and agrees to assume the full responsibility for all risk of bodily injury, death, technological failure, data breach, disability and property damage as a result of participating in the Program. Participant understands that SoulPaws does not provide medical services. Participant further acknowledges that any injury or emergency occurring during participation will be addressed by the Participant independently, and SoulPaws is not responsible for securing emergency assistance. THE PARTICIPANT VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR IN CONNECTION WITH PARTICIPATION IN THE VIRUAL PROGRAM, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF SOULPAWS.
Waiver; Indemnification.
Participant hereby releases, waives, covenants not to sue and fully and forever discharges SoulPaws and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims they may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, data loss, privacy breach and/or causes of action, now known or hereinafter known, attributable or relating in any manner to Participant’s participation in the Program, whether caused by the negligence of SoulPaws or any of the Released Parties or by any other reason. Participant acknowledges and agrees that this Release and Waiver is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by Participant while participating in the Activity. Participant hereby agrees to indemnify and hold harmless for any and all purposes the Released Parties from and against, third-party losses, claims, demands, damages, actions, suits, judgements, settlements, awards, interests, penalties, expenses (including court costs and reasonable attorneys’ fees and expenses) and costs of any kind for any personal injury, loss of life or damage to property which may be sustained by the Released Parties by reason of, or arising out of, Participant’s participation in the Program. Participant hereby surrenders any right to seek reimbursement from SoulPaws, its directors, officers, employees, volunteers and other agents for injury sustained and liability incurred by reason of, or arising out of, Participant’s participation in the Program.
Medical Treatment Release.
Participant understands and agrees that the Program is not a clinical treatment (but may yield therapeutic benefits) and acknowledges that SoulPaws is not a clinical treatment provider. In the event of a medical emergency during participation, Participant agrees that they are solely responsible for seeking appropriate emergency services. SoulPaws does not monitor Participant’s physical location and cannot guarantee emergency intervention.
Responsibility for Personal Property.
Participant acknowledges and agrees that Participant is fully and solely responsible for: (i) any devises, computers, cameras, or technology used to access the Program, (ii) any of Participant’s property and personal belongings used during the Activity, and (iii) any personal animals present during participation. SoulPaws will not be responsible for or provide any security for such property and personal belongings.
No Representations by SoulPaws.
Participant acknowledges that SoulPaws makes no representation regarding uninterrupted access to the virtual platform, technology performance, or suitability of Participant’s environment for participation. Participant acknowledges and agrees that the Program is provided “AS IS” and that Participant is not relying upon any representation or statement by SoulPaws or their employees, agents, sponsors, or representatives regarding this agreement or Program, except to the extent such representations are expressly set forth in this agreement.
General Provisions
This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law of such state. Participant agrees that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in [San Diego], California.
No waiver of any term or right in this Release and Waiver shall be effective unless in writing, signed by an the waiving party. The failure of any party to enforce any provision of this Release and Waiver shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
Any provision of this Release and Waiver providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
If any provision or portion of this Release and Waiver shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
This Release and Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
By signing below, the parties confirm that they have read, understand, and consent to the terms of this Release and Waiver, and that they are not relying on any verbal representations, statements or inducement apart from the statements made on this form.
SIGNING THIS DOCUMENT INVOLVES THE WAIVER OF VALUABLE LEGAL RIGHTS. CONSULT YOUR ATTORNEY BEFORE SIGNING THIS DOCUMENT.
