Terms of Service
INFORMED CONSENT, WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK
I recognize that birthing and/or parenting classes offered by Birthsmarter (the “Program”) may involve physical activity, including, but not limited to trying different standing and seated positions utilizing a birth ball and receiving massage or acupressure. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Program. I acknowledge that my enrollment and all subsequent participation in the Program is voluntary and I do so entirely at my own risk. I acknowledge that I have approval from my doctor or medical professional to begin the Program.
I understand that any physical activity, especially when pregnant, carries the risk of injury and due to its physical nature, the Program could therefore result in my injury. I expressly agree that all physical activity and risk of injury that I undertake as a part of the Program is undertaken at my sole risk.
I further expressly agree that I will not use any equipment related to the Program improperly. If equipment is located on the premises that is not used as part of the Program, I expressly agree that I will not use the equipment and release Birthsmarter, its agents and employees from any claim, demands, injuries, damages, actions, or causes of action, that could occur from my inappropriate use of such equipment.
I also understand and agree that all information provided in the Program is for informational purposes only and is not a replacement for medical advice from a physician or your pediatrician. The Program and information therein does not replace the relationship between physician/therapist and a client in a one-on-one treatment session with an individualized treatment plan based on their professional evaluation. The Program and any information therein is provided "as is" without any representations or warranties, express or implied.
I will not rely on the Program as an alternative to advice from my medical professional or healthcare provider and I will never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided in the Program. I understand and agree that all medical related information is for informational purposes only.
Birthsmarter, its agents and employees, shall not be liable to me for any claims, demands, injuries, damages, actions or causes of action to my person or property arising out of or connected with the Program and the premises where the Program is located. I expressly release Birthsmarter, its agents and employees from all such claims, demands, injuries, damages, actions, or causes of action, and from all acts of active or passive negligence on the part of Birthsmarter, to the extent such a release of negligence is permissible by law.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this Program. In the event of sickness, accident, or injury, I authorize Birthsmarter and its representatives to obtain, on my behalf, emergency medical treatment at my expense.
This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. This Agreement shall be construed and enforced according to the laws of the State of New York and any dispute under this Agreement must be brought in this venue and no other.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I UNDERSTAND AND AGREE THAT I AM GIVING UP LEGAL RIGHTS BY ACKNOWLEDGING THIS AGREEMENT AND THAT I AM DOING SO VOLUNTARILY, FREELY, UNDER NO THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE, OR GUARANTEE BEING COMMUNICATED TO ME. RESERVING MY SPOT IN CLASS IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW.