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Mandala Nation Inc.
Terms and Conditions and Waiver and Release of Liability (the “Waiver”)
Mandala Nation Inc. and its affiliated companies, officers, employees, contractors, shareholders,
directors, managers, members, suppliers, and all other persons or entities acting in any capacity on their behalf (collectively referred to as the “Company”).
This Waiver describes the terms and conditions on which the Company offers You health and/or wellness products (the “Products”) and/or Hypnotherapy, Yoga, Reiki and Spiritual Consultation services (the “Services”). In consideration of the Company selling to you and providing the Products and/or Services, the undersigned (“the Customer”, “You” or “Your”) acknowledges and agrees as follows:
1. Privacy. The Company acknowledges and agrees that in providing You Services and/or Products, You may provide us with, or we may collect on your behalf, information about you (“Personal
Information”). We agree to protect all Personal Information we process with physical, organizational and
technological safeguards that are appropriate to the nature, quantity and sensitivity of such information.
Any use or disclosure to third parties of any Personal Information shall be limited to the purpose of
conducting the Services and/or using the Products, except as may be required by applicable law.
2. Personal Services.
You and the Therapist have discussed the potential benefits and possible side effects of the Services, and have agreed upon a course of focused attention and therapy for the goals of stress reduction, relief of muscular discomfort, and/or promotion of general health and wellbeing. You understand and agree that the Services recommended to You by the Company are tailored to Your situation and/or Your desired outcomes, and thus may vary from client to client. You have been given an opportunity to ask questions of the Therapist and have received all requested information. If You experience pain or discomfort (physical or mental) during the performance of the Services, You will immediately inform the Therapist so that the Therapist may adjust the Services to Your desired level
of comfort. You will not hold the Company responsible for any pain or discomfort You experience during or after the performance of the Services.
You understand and agree that You will provide the Therapist with complete and accurate health
information and a written referral from Your primary healthcare provider, if any, if You are currently
receiving care or have a specific medical conditions or symptoms for which You take medication or
receive periodic evaluations or treatment. Furthermore, You agree to inform the Therapist of all known medical and health conditions (including but not limited to pregnancy and allergies) and any changes thereto. You understand and agree that it is Your sole responsibility to ensure you are physically able to undergo the Services, and that You will consult your primary healthcare provider where necessary prior to undergoing the Services. There shall be no liability on the Therapist’s part should You forget to do so. You understand and agree that the Services are designed to be an ancillary health and/or wellness aid and are not suitable or a substitution for primary medical treatment for any condition. You understand and agree that the Therapist is not qualified to perform skeletal adjustments, diagnose or treat physical or mental illnesses, or prescribe medication.
3. Missed/Cancelled Appointment Policy. A booking for Services is confirmed once the Company and
You have mutually agreed upon a date, time, duration and location for Services. The Company requires 48-hour notice cancellation of Service appointments. If a cancellation is made in more than 48 hours before a treatment, You will not be charged. You will be charged the full cost of the Services for any appointments missed or cancelled without sufficient notice. Such Services must be paid for by You within 7 days of the cancellation.
4. Payment Terms and Conditions. You agree to be bound by the payment terms and conditions attached as Schedule “A” hereto.
5. Treatment for Minors. Clients under the age of 19 must be accompanied by an adult. The adult must give permission for the treatment to be performed. Furthermore, the adult must be present in the room throughout the treatment.
6. Assumption of Risk. You understand and acknowledge there may be risks involved with the Products and Services. You have had the opportunity to ask questions regarding these risks and the possible complications. You understand that any false or misleading information You have given may lead to undesired results and complications and hereby waive the Company’s liability if such results or complications occur. You further understand that Your failure to follow instructions provided by the
Company, including but not limited to the instructions contained on the label of any Product or any post care instructions, may also lead to undesired or different results, complications or effects and hereby waive the Company’s liability if such results or complications occur. Desired results from Services and/or Products are not guaranteed, and may vary based on length of treatment, belief systems, and power to influence Your situation. In consideration for the Company performing Services and/or providing Products, You agree You will assume the risk and full responsibility for any and all injuries losses, or damages, that might occur while undergoing the Services or from use of the Products, or side effects which You may experience after same.
7. No Warranties. The Company makes no express or implied warranties or conditions, and disclaims all other warranties and conditions, express or implied, in respect of the Services and/or Products including, without limitation, implied warranties and conditions of merchantability and fitness for a particular
8. Waiver of Liability; Release. You hereby assume full responsibility for receipt of the Products and/or
Services, and You hereby release, discharge, waive, and forever hold harmless the Company from, and waive any and all, claims, liabilities, damages, demands, proceedings, judgments, actions, or causes of action that You or any third party have or may have in the future against the Company and from any and all losses, damage, expenses, costs or liabilities of any kind whatsoever, whenever occurring, whether known or unknown, direct or indirect, contingent or fixed, at law or in equity that You or any third party may suffer at any time arising from or in connection with the Products and any use thereof and any defect in the Products, and/or Services received hereunder, including, without limitation, arising from acts of active or passive negligence on the part of the Company, to the fullest extent allowed by law. Notwithstanding the foregoing, in no event shall the Company’s liability for any cause exceed the amount actually received by the Company from You for the Products and/or the Services. In no event shall the Company be liable for lost profits or any direct, special, incidental, consequential, indirect or punitive damages arising out of or in connection with the Products, the Services and/or this Waiver (however arising, including negligence).
9. Application. You agree that this Waiver shall apply to each Product and Service you receive and all
current and future sessions in relation thereto, regardless of the date that this Waiver is signed below.
You agree that You will not disparage the Company for any reason. For
purposes of this Section, “disparage” shall mean any negative statement, whether written or oral,
about the Company, the Services or the Products. Should you be dissatisfied with the Products or
Services received, you shall discuss same with the Company and/or the Therapist as soon as
possible following the Services and/or use of the Products.
11. Severability. If any of the provisions of this Waiver are found to be void or unenforceable, then such provision shall be treated as changed or reduced to the extent minimally necessary to bring it within the laws of the jurisdiction and to make it valid and enforceable, and it shall be binding on You in that changed or reduced form, and, subject to the foregoing, each provision shall be interpreted as severable and shall not in any way affect any of the other provisions of this Waiver.
12. Applicable Laws. The terms of this Waiver shall be governed by the laws of the Province of Ontario, and You agree to submit to the exclusive jurisdiction of the Ontario courts.
13. Survivorship. This Waiver forms an integral part of the agreement and any other documentation
issued by the Company regarding the Products and/or Services, the terms of this Waiver shall govern.
14. Binding on Others. This Waiver is binding on You, as well as Your heirs, assignees or beneficiaries
and You are giving up Your rights, as well as the rights, if any, of Your heirs, assignees or beneficiaries, to sue the Company for any reason whatsoever in respect of the Products and/or the Service
15. Entire Agreement. This Waiver and the schedules hereto encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. You acknowledge that no oral representations, statement or other inducements to agree to this Waiver have been made apart from what is contained in this document.
16. By opting into this online offer you have agreed to the Terms within this document.