Body MAX Harmonics
Assumption of Risk, Release and Waiver
Waiver Link
Please read this document carefully. By signing it, you are giving up legal rights. This Body MAX Harmonics (“Body Harmonics”)1 form is an Assumption of Risk, Release and Waiver (the “Release”) that is required in connection with receiving Body Harmonics’s non-medical Services, Weight-Loss Services, Peptide Services and Skin Health Services (collectively, the “Services”). You understand that this Release includes a release of liability and a waiver of my legal rights in respect of the Services that I elect to receive from Body Harmonics.
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, THIS RELEASE DOES NOT APPLY TO: (I) MEDICAL SERVICES THAT ARE PROVIDED BY INDEPENDENTLY-OWNED PHYSICIAN PRACTICES, (II) ANY SERVICE PROVIDED OR FACILITATED BY Body Harmonics FOR WHICH A RELEASE UNDER APPLICABLE STATE LAW IS NOT LEGALLY PERMISSIBLE OR ENFORCEABLE, AND (III) ANY SERVICE THAT IS UNDER THE REGULATORY AUTHORITY OF AN APPLICABLE STATE BOARD OF MEDICINE AND/OR BOARD OF NURSING (COLLECTIVELY, THE “RELEASE EXCLUSION”).
Assumption of Risk
I acknowledge and understand that wellness spas and facilities inherently include certain risks that cannot be eliminated despite the safety protocols taken by the facility and service providers. In respect of the Services, the potential risks vary based upon the specific service being provided, and by way of example and not limitation, may range from minor injuries (e.g., sprains, bruises or irritations) to major injuries (e.g., allergic reactions or heart attacks) to serious or disabling injuries (e.g., stroke, paralysis or death). I also understand that such risks may include exposure to infectious diseases (e.g., influenza or Covid-19), as well as risks inherent with attending any public venue that include, without limitation, conduct associated with other customers such as risk of theft, loss or damage to my personal property. In addition, I understand that risks may also result from my actions, negligence or inaction, and also from the action, negligence, or inaction of others (e.g., Body Harmonics customers, employees, contractors, or agents). In addition, I understand that Body Harmonics makes no guarantee regarding the outcome of any of the Services and that the Services are not intended to serve as a substitute for seeking medical care or treatment from my personal physician.
I further acknowledge and agree, in connection with my decision to receive and participate in the Services, that it is my sole responsibility to: (i) consult with a physician in connection with my own health and physical well-being in regard to my decision to receive and participate in each of the Services, (ii) review the information about each Service that I elect to receive and participate in that is provided to me or otherwise made available by Body Harmonics, (iii) adhere to all safety protocols provided to me or otherwise made available by Body Harmonics for each of the Services, (iv) immediately alert a Body Harmonics representative and end my participation in each Service if I experience any pain or discomfort as a result of any such Service.
I understand and agree that it is my choice to receive and participate in the Services and that I am doing so for my own benefit; further, I have voluntarily, with knowledge of the potential risks and injuries, elected to receive and participate in such Services and I assume sole responsibility for my own health, physical well-being, and for the results of any Services that I receive from Body Harmonics.
Indemnification and Hold Harmless
In connection with my decision to receive and participate in the Services, I agree to indemnify and hold harmless Body Harmonics and its respective directors, officers, employees, contractors, representatives and agents from all claims, causes of action and demands, including without limitation reasonable attorneys’ fees and costs, to the extent arising out of or otherwise related to my receiving and participating in the Services.
Waiver and Release of Liability
I, the undersigned, on behalf of myself and my heirs, and subject to the foregoing Release Exclusion, agree voluntarily to knowingly, completely, irrevocably and unconditionally fully and forever waive, release and discharge Body Harmonics Franchising, LLC and all franchisees of Body Harmonics Franchising LLC (wherever located and whether operating under the Body Harmonics, BioEdge LLC or other Body Harmonics trademarks) and their respective subsidiaries, affiliates, successors, owners, officers, investors, directors, employees, assigns, legal representatives, contractors, and agents (each a “Body Harmonics Party” and collectively, the “Body Harmonics Parties”) from and against all claims, causes of action, liabilities, demands, costs, losses, injuries and damages (including without limitation a Body Harmonics Party’s negligence or consequential or punitive damages) (collectively the “Damages”) that I may have now or that may arise hereafter related to or connected in any way as a direct or indirect result of my participation in and/or receipt of any of the Services. The foregoing waiver and release includes, without limitation, a waiver of my right to initiate or participate in any federal or state lawsuit or class action or to join or consolidate claims with claims of any other person against any Body Harmonics Party or the Body Harmonics Parties.
Severability
If any provision of this Release is held to be unlawful, unenforceable, void or voidable for any reason, then such provision will be deemed severable from this Release and will not affect the validity or enforceability of the remainder of this Release.
Acknowledgement and Attestation
My signature below constitutes my acknowledgement and attestation that I am a consenting adult over the age of 18, have read this Release, fully understand its terms and provisions as well as the information pertaining to each Service that I have elected to receive and participate in, and understand the rights that I am waiving. I further acknowledge that I am voluntarily signing this Release and understand that by doing so I am releasing Body Harmonics and the Body Harmonics Parties from all liability to the greatest extent allowed by applicable law.
Authorization to Use and Disclose Personal Information
Please read this Authorization to Use and Disclose Information (“Authorization”) carefully. By signing below you are providing your authorization to Body Harmonics (“Body Harmonics”)2 to use and disclose information about you, your health information, and/or your use of the Body Harmonics Services 3(collectively, your “Personal Information”) in accordance with the following:
Appointment Reminders / Membership Notifications / Body Harmonics Marketing - I authorize Body Harmonics to use my Personal Information (e.g., name, home address, phone numbers, email address) to contact me about Body Harmonics offerings, promotions and marketing (“Body Harmonics Marketing”); my Body Harmonics membership; and/or Body Harmonics Service appointment reminders and confirmations.
Incidental Disclosures – I understand that despite the safeguards and policies implemented by Body Harmonics to protect my Personal Information, the nature of the Body Harmonics environment and customer traffic may result in Body Harmonics personnel, customers and/or vendors overhearing discussions that I have with certain Body Harmonics personnel concerning my Personal Information. I understand it is my responsibility to request a private room if I am concerned about discussions regarding my Personal Information being overheard.
Healthcare Professionals – I authorize Body Harmonics to disclose and/or otherwise release my Personal Information, to my healthcare providers (including those under contract with Body Harmonics) and their respective employees and contracted healthcare professionals for the purposes of such healthcare providers providing me with medical services and treatment (“Healthcare Disclosures”). The foregoing authorization includes allowing Body Harmonics personnel to discuss my Personal Information and related medical conditions and treatment with such healthcare providers in connection with my receiving the Body Harmonics Services (“Healthcare Discussions”).
Research Purposes - I authorize Body Harmonics and other third parties under written agreement with Body Harmonics to use, disclose, and/or release my deidentified Personal Information for research purposes (“Research Purposes”). Deidentified means that my Personal Information has been anonymized such that my individual identifiable information will not be accessible (“Deidentified Information”). I understand that third parties that receive my Deidentified Information may, if permitted by applicable laws, further redistribute such Deidentified Information with others without my permission.
Right to Revoke - I understand this Authorization does not have an expiration date; however, I may change my mind and revoke this Authorization in respect of my authorizations regarding (i) Body Harmonics Marketing, (ii) Healthcare Disclosures and Healthcare Discussions, and (iii) Research Purposes at any time by providing written notice to Body Harmonics at my Home Location. I understand that such election will not apply to prior uses/disclosures of my Personal Information or Deidentified Information by Body Harmonics and third parties that have already acted based on this Authorization.
Severability - If any provision of this Authorization is held to be unlawful, unenforceable, void or voidable for any reason, then such provision will be deemed severable from this Authorization and will not affect the validity or enforceability of the remainder of this Authorization.
Body Harmonics Privacy Policy – I understand that Body Harmonics takes my privacy seriously and describes its data collection and use practices in the Body Harmonics Privacy Policy (“Privacy Policy”) available at Body Harmonics Privacy Policy Body Harmonics reserves the right to update its Privacy Policy in its sole discretion, from time to time, as described in the Privacy Policy. You understand and agree that the Privacy Policy is incorporated into and made a part of this Authorization by reference.
1 As used in this Release, “Body Harmonics” refers, as applicable, to either a licensed independent, third-party owned and operated franchise location or its wholly owned subsidiary or affiliate, Body Harmonics Franchising LLC.
2 As used in this Authorization, “Body Harmonics” refers, as applicable, to either a licensed independent, third-party owned and operated franchise location or its wholly owned subsidiary or affiliate, Body Harmonics Franchising LLC.
3 Services shall include the Body Harmonics services as defined in the Monthly Membership Agreement.