BIT WaiverWAIVER, RELEASE, ASSUMPTION OF RISK, INDEMNITY AND CONSENT AGREEMENT
WAIVER, RELEASE, ASSUMPTION OF RISK, INDEMNITY AND CONSENT AGREEMENT WARNING: Read carefully. This Agreement includes a Release of Liability and Waiver of legal rights and deprives you of the right to sue Learning Enhancement Center, LLC (“LEC”), its management and employees and/or contractors, instructors and teachers. Do not sign this agreement unless you have read it in its entirety. This Agreement is between Learning Enhancement Center, LLC (“LEC”) and the following individual ("Trainee"), who agrees to take and be trained on one of LEC's classes.
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CROSSINOLOGY TRAINEE AGREEMENT
Trainee hereby gives permission to be worked on in the balancing procedure by the Crossinology Instructors or seminar participants. Trainee understands that energetic balancing may cause some unpleasant symptoms of detoxification and Trainee releases Susan McCrossin, Learning Enhancement Center (“LEC”), and the Instructor(s) Nancy Loedy from any responsibility or liability relating to any physical symptoms that may occur as a result of these seminars.
Trainee understands that these seminars can facilitate changes physically, emotionally, or spiritually and releases Susan McCrossin, LEC, and the LEC Instructor(s) Nancy Loedy from any responsibility or liability for any changes that may occur as a result of the balancing.
Trainee agrees to disclose any medical condition, any drug or alcohol addiction and/or any serious emotional problems to either Susan McCrossin or the Instructor(s). Trainee agrees to take full responsibility for any medical condition that Trainee may be experiencing, including any medication Trainee is presently taking, and agrees to immediately contact her/his medical or dental practitioner should Trainee experience any discomfort or symptoms of her/his condition during the seminar.
Trainee understands that LEC’s trainings are not intended to diagnose or treat any diseases or physical conditions. LEC does not guarantee any particular result with respect to its training sessions and disclaims any and all liability with respect thereto. Trainee understands and agrees the LEC trainings serve only as a means of balancing the energy body and releasing blockages. The LEC training is not a substitute for nor does it replace medical care.
Trainee understands and agrees that the trademarks and trade names, “Crossinology”, “Brain Integration Technique” and “McCrossin Technique” are the intellectual property of the Learning Enhancement Center, LLC and agrees not to use those trademarks unless or until Trainee is certified in using the brain integration technique by LEC and signs the Certified Practitioner Agreement with either LEC or Susan McCrossin, LLC. Trainee further agrees not to represent her/himself as a “BIT practitioner” or “Certified Practitioner” in either Crossinology, Brain Integration, or the McCrossin Technique until I am certified by Susan McCrossin and/or LEC and sign the Certified Practitioner Agreement from either LEC or Susan McCrossin, LLC.
Trainee understands and agrees that all rights, titles, and interest to all material provided and taught by LEC, including Pre-BIT, BIT, Advanced BIT, and Brain Physiology are owned by LEC and/or Susan McCrossin and the subject of several registered copyrights. Trainee agrees not to duplicate, lend, distribute copies, or create any derivative works from any of these materials or any of the manuals, charts, books, handouts, or other materials provided during the training seminars. Trainee further agrees not to video or audio record any of the LEC classes. Trainee understands that the class material, including the teaching thereof, is owned exclusively by LEC and further agrees any derivatives made from the LEC materials shall be owned by LEC and are hereby assigned to LEC for its exclusive use and purpose.
LEC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR WORK PRODUCT DELIVERED HEREUNDER. LIMITATION OF LIABILITY. TRAINEE AGREES TO LIMIT LEC’s LIABILITY FOR PROFESSIONAL ACTS, ERRORS, OR OMISSIONS OR BREACH OF CONTRACT OR OTHER CAUSE OF ACTIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SUCH THAT THE TOTAL AGGREGATE LIABILITY OF LEC SHALL NOT EXCEED THE TOTAL OF SEMINAR CLASS FEES PAID TO LEC BY TRAINEE. IN NO EVENT WILL LEC HAVE ANY LIABILITY TO THE TRAINEE FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHETHER OR NOT THE LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
Trainee understands her/his property may be left in the training rooms at her/his and hereby releases Susan McCrossin, LEC, and the Instructor(s) from any liability for any loss or damage to my property that may occur during the training seminars.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. No failure to exercise and no delay in exercising any right, power, or privilege hereunder on the part of either party shall operate as a waiver of any right, power, or privilege and no single or partial exercise of any right, power, or privilege hereunder shall preclude its further exercise.
This Agreement shall be governed by, construed in, and enforced in accordance exclusively with the laws of the State of Colorado without regard to its conflicts of laws provision. Trainee agrees that jurisdiction, venue, and choice of law with respect to all matters between the parties relating to this Agreement shall reside exclusively in the state and federal courts of Colorado and Trainee expressly agrees to be subject to personal jurisdiction in Colorado. Attorney’s fees shall be paid to the substantially prevailing party in any lawsuit relating to the enforcement of the terms and conditions of this Agreement. Trainee agrees she/he has had a full and fair opportunity to review this Agreement with an attorney.
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MEDIA RELEASE AND WAIVER OF LIABILITY
Learning Enhancement Center, LLC
Trainee hereby gives permission to be worked on in the balancing procedure by the Crossinology Instructors or seminar participants. Trainee understands that energetic balancing may cause some unpleasant symptoms of detoxification and Trainee releases Susan McCrossin, Learning Enhancement Center (“LEC”), and the Instructor(s) Nancy Loedy from any responsibility or liability relating to any physical symptoms that may occur as a result of these seminars.
Trainee understands that these seminars can facilitate changes physically, emotionally, or spiritually and releases Susan McCrossin, LEC, and the LEC Instructor(s) Nancy Loedy from any responsibility or liability for any changes that may occur as a result of the balancing.
Trainee agrees to disclose any medical condition, any drug or alcohol addiction and/or any serious emotional problems to either Susan McCrossin or the Instructor(s). Trainee agrees to take full responsibility for any medical condition that Trainee may be experiencing, including any medication Trainee is presently taking, and agrees to immediately contact her/his medical or dental practitioner should Trainee experience any discomfort or symptoms of her/his condition during the seminar.
Trainee understands that LEC’s trainings are not intended to diagnose or treat any diseases or physical conditions. LEC does not guarantee any particular result with respect to its training sessions and disclaims any and all liability with respect thereto. Trainee understands and agrees the LEC trainings serve only as a means of balancing the energy body and releasing blockages. The LEC training is not a substitute for nor does it replace medical care.
Trainee understands and agrees that the trademarks and trade names, “Crossinology”, “Brain Integration Technique” and “McCrossin Technique” are the intellectual property of the Learning Enhancement Center, LLC and agrees not to use those trademarks unless or until Trainee is certified in using the brain integration technique by LEC and signs the Certified Practitioner Agreement with either LEC or Susan McCrossin, LLC. Trainee further agrees not to represent her/himself as a “BIT practitioner” or “Certified Practitioner” in either Crossinology, Brain Integration, or the McCrossin Technique until I am certified by Susan McCrossin and/or LEC and sign the Certified Practitioner Agreement from either LEC or Susan McCrossin, LLC.
Trainee understands and agrees that all rights, titles, and interest to all material provided and taught by LEC, including Pre-BIT, BIT, Advanced BIT, and Brain Physiology are owned by LEC and/or Susan McCrossin and the subject of several registered copyrights. Trainee agrees not to duplicate, lend, distribute copies, or create any derivative works from any of these materials or any of the manuals, charts, books, handouts, or other materials provided during the training seminars. Trainee further agrees not to video or audio record any of the LEC classes. Trainee understands that the class material, including the teaching thereof, is owned exclusively by LEC and further agrees any derivatives made from the LEC materials shall be owned by LEC and are hereby assigned to LEC for its exclusive use and purpose.
LEC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR WORK PRODUCT DELIVERED HEREUNDER. LIMITATION OF LIABILITY. TRAINEE AGREES TO LIMIT LEC’s LIABILITY FOR PROFESSIONAL ACTS, ERRORS, OR OMISSIONS OR BREACH OF CONTRACT OR OTHER CAUSE OF ACTIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SUCH THAT THE TOTAL AGGREGATE LIABILITY OF LEC SHALL NOT EXCEED THE TOTAL OF SEMINAR CLASS FEES PAID TO LEC BY TRAINEE. IN NO EVENT WILL LEC HAVE ANY LIABILITY TO THE TRAINEE FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHETHER OR NOT THE LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
Trainee understands her/his property may be left in the training rooms at her/his and hereby releases Susan McCrossin, LEC, and the Instructor(s) from any liability for any loss or damage to my property that may occur during the training seminars.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. No failure to exercise and no delay in exercising any right, power, or privilege hereunder on the part of either party shall operate as a waiver of any right, power, or privilege and no single or partial exercise of any right, power, or privilege hereunder shall preclude its further exercise.
This Agreement shall be governed by, construed in, and enforced in accordance exclusively with the laws of the State of Colorado without regard to its conflicts of laws provision. Trainee agrees that jurisdiction, venue, and choice of law with respect to all matters between the parties relating to this Agreement shall reside exclusively in the state and federal courts of Colorado and Trainee expressly agrees to be subject to personal jurisdiction in Colorado. Attorney’s fees shall be paid to the substantially prevailing party in any lawsuit relating to the enforcement of the terms and conditions of this Agreement. Trainee agrees she/he has had a full and fair opportunity to review this Agreement with an attorney.
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ASSUMPTION OF RISK AND WAIVER OF LIABILITY
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
LEC has put in place preventative measures to reduce the spread of COVID-19; however, LEC cannot guarantee that you or those who you will come in contact with will not become infected with COVID-19. Further,proceeding with your appointment and intended service could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19
and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by proceeding with recieving services from LEC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at LEC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, LEC employees and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my use of services with LEC (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless LEC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of LEC LLC., its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after receiving any services from LEC.
