Terms & Conditions
See Example of Form Below
Holistic Caring Limited Liability and Express Assumption of Risk Agreement
LIMITATION OF LIABILITY AND INDEMNITY AGREEMENT
This Limited Liability and Express Assumption of Risk Agreement is between Holistic Caring and (name of participant) _________________________, hereinafter referred to as Parties.I HEREBY RELEASE AND HOLD HOLISTIC CARING, ITS DIRECTORS, OFFICERS, INSTRUCTORS, EMPLOYEES, AGENTS, RELATED COMPANIES, AND CO-PARTICIPANTS HARMLESS FROM ALL LIABILITY TO MYSELF, MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY LOSS OR DAMAGE AND FOREVER GIVE UP ANY CLAIMS OR DEMANDS THEREFORE, ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY, INCLUDING INJURY LEADING TO DEATH, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF HOLISTIC CARING OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, WHILE I OR MY MINOR CHILDREN ARE USING ANY OF HOLISTIC CARING’S SERVICES.
Under this Limitation of Liability and Indemnity Agreement, hereinafter referred to as “Agreement”, I acknowledge that Holistic Caring is engaged in consultative services which provides educational and supportive services only and is not a medical practitioner and that Holistic Caring does not make representations to be a medical practitioner.
I understand Holistic Caring provides safe and legal medicinal use of cannabinoids; provides an individualized treatment plan that outlines the safe, appropriate use of medical cannabis; and provides ongoing support and follow up from nurses with expertise in medical cannabis.
I understand that Holistic Caring will make every attempt to accurately assess, educate, and provide guidelines for my health care condition and medical cannabis use. I will provide truthful and accurate information necessary to get an accurate assessment on appropriate marijuana use. It is my responsibility to understand the risks and the potential side effects of the medications, and ultimately to determine if I accept the risks.
I understand all treatments can have side effects and I accept responsibility for adverse outcomes. If adverse effects occur, I understand it is my responsibility to report any adverse side-effects to Holistic Caring and go the nearest Emergency Room if I have any reason to suspect that I have a medical emergency.
In no event shall Holistic Caring be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the consultative services provided whether such liability is based on breach of contract, tort, strict liability, or otherwise. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
I expressly and unequivocally agree to indemnify, defend and hold Holistic Caring and their respective officers, directors, employees and agents harmless from and against any and all third party claims, losses, liabilities, damages, expenses, and costs, including attorney’s fees and court costs, on account of my own negligence or arising out of Holistic Caring’s negligence or its material breach of any of the terms of this Agreement.
I further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held unenforceable to any extent, that provision shall, to the extent of such enforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
MEDIATION AND ARBITRATION:
I agree to meet and confer in good faith to attempt to resolve any dispute arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the Holistic Caring Limited Liability and Express Assumption of Risk Agreement determination of the scope or applicability of this Agreement for mediation. Any disputes which are not resolved by meeting and conferring involving a claim for damages shall be submitted to Small Claims Court in San Diego, California. If the claim for damages is greater than the amount statutorily allowed to be resolved in Small Claims Court in San Diego, California, then the claim shall be submitted to final and binding arbitration before JAMS Mediation, Arbitration and ADR Services (JAMS) to be held in San Diego, California before a single arbitrator. The arbitrator shall award reasonable attorneys' fees and costs to the prevailing party. Any dispute as to who is a prevailing party and/or the reasonableness of any fee or costs shall be resolved by the arbitrator.
ASSUMPTION OF RISK:
I agree that I am voluntarily present and participating in these activities and using Holistic Caring services and I assume all risks of injury including, without limitation, injuries or damages which may result from: external injuries as a result from transdermal patches, topical and salve lotions; internal injuries from consumption of tinctures, concentrated extracts, vaporization, edibles, lozenges, oral sprays and suppositories; including injuries or damages arising out of Active or Passive negligence by Holistic Caring and its representatives. If any medical treatment is provided to me, with or without my consent, such treatment will be first aid type treatment, and I waive any and all claims or causes of action arising from or based upon the provision of such treatment, including claims or causes of action based upon the negligent provision of such treatment. I acknowledge that Holistic Caring has recommended that I consult a physician prior to beginning a treatment plan. It is important to notify Holistic Caring of any and all medical conditions. Holistic Caring has the right to restrict the use of certain types of cannabis to ensure my safety and the safety of others.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, AND AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THIS AGREEMENT HAVE BEEN MADE. I FULLY UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY. I AM WAIVING ANY RIGHT THAT I MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST HOLISTIC CARING ARISING OUT OF HOLISTIC CARING’S NEGLIGENCE.
By signing this Agreement, I acknowledge that I read, understand, and agree with all the terms and conditions of this Agreement.
Date: __________________________________ Name (Print): _______________________________________________________________
Signature of Participant ______________________________________________________________________________________________