WAIVER AND RELEASE
In exchange for Step Into Your Power, Inc. and/or Susan Sly (collectively, “SIYP”) providing services to the undersigned client (“Client”), Client hereby represents and warrants to SIYP the following:
- Client is not currently, and has not been at any time in the past two (2) years, under psychiatric care.
- Client acknowledges that the services it will be receiving from SIYP are not, and are not offered as, a substitute for professional mental health care or medical care, and are not intended to diagnose, treat, or cure any mental health or medical conditions. Client also understands that SIYP is not acting as a mental health counselor or a medical professional, and coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment. Client understands that Client is fully responsible for its own well-being prior to, during, and after any sessions with SIYP.
- Client understands that coaching is not currently a regulated industry and SIYP is not licensed in the State of Arizona or any other state. Client also understands that for all legal purposes, the services provided by SIYP are deemed to be provided in Arizona.
- Client understands that all comments and ideas offered by SIYP are advice and solely for the purpose of aiding Client in achieving its defined goals. At all times, Client is solely responsible for its actions and the results of those actions, and SIYP makes no guarantees or promises regarding any business outcomes, including but not limited to, increased customer base, profitability, or success.
- All coaching sessions are confidential and Client will not discuss the content of any coaching session or communication with SIYP with any third-party without the advanced written consent of SIYP. SIYP will protect Client’s confidential information unless: (i) Client allows otherwise; (ii) Client reports child abuse, elder abuse, or neglect, or threatens to harm itself or someone else, in which case necessary disclosures may be made; or (iii) if SIYP is ordered by a court to provide information or to testify. Client understands the risks of electronic communication methods (i.e. email, phone, text, skype) and that such use is not under SIYP’s full control, and confidentiality cannot be guaranteed with the use of such communication methods.
- Client hereby releases and forever discharges SIYP, and covenants not to directly or indirectly sue for or otherwise assert against SIYP, in any forum, any and all claims of any nature whatsoever, which Client had, now has, or may claim to have against SIYP, arising out of or related to mental health care, medical care, guarantees of any outcome, acts or omissions of SIYP or Client as a result of advice given by SIYP, or the relationship between SIYP and Client. This release extends to all claims, whether known or unknown, present or future. It is Client’s intention to fully, finally, and forever release the claims set forth above, and in furtherance of this intention, this release remains in effect as a full and complete release notwithstanding the discovery of any additional claims or facts. Client has made such investigation of the facts pertaining to the releases contained herein as it deems necessary.
- Client hereby indemnifies and holds harmless SIYP from and against any and all damages, liabilities, obligations, penalties, fines, judgments, claims, deficiencies, losses, costs, expenses, assessments (including without limitation, interest, penalties, and reasonable attorneys’ fees) arising out of or resulting from: (i) any action taken by SIYP in reliance upon Client’s statements or representations; (ii) any action taken by Client taken at any time, whether or not based on the advice or at the suggestion of SIYP; and (iii) any claim made by a third-party related to Client whereby SIYP is named as a party.
- Client has the authority and capacity to make the representation and warranties contained herein. Client has not executed this Agreement under any duress, pressure, or fraud and Client and its heirs, executors, personal representatives, successors, assigns, and agents, are legally and equitably bound by the express representations, warranties, covenants, and conditions contained herein.
- Client, irrespective of where it currently resides, agrees to submit any dispute arising under this agreement or the relationship between SIYP and Client to the Superior Court, Maricopa County. This agreement is construed in accordance with and is governed by the laws of Arizona.