Client Mutual Agreement and Liability Waiver
This Agreement is made between Dr. Lana Morrow and THINK Interfaces [the “Provider”], and the CLIENT (the paying party), [the “Client”] regarding the services being provided by Provider to the Client.
1. SCHEDULING Client understands Provider and its personnel have busy schedules, and it is necessary that Client keep scheduled appointments. Accordingly, if the Client needs to cancel or reschedule an appointment, the Client must do so 48 hours in advance; otherwise, the Client will forfeit that appointment and will be charged for the session.
2. PAYMENTS AND REFUNDS The Client understands and agrees that he is purchasing 1 complete package of 5 (five) 1-hour sessions (actual computer training 30 minutes), non- refundable and non-transferable.
There will be no refunds should Client not use all the time paid for, regardless of the reason, and all sessions must be completed within 22 weeks of the initial session. Client may reschedule a session with Provider on at least 48 hours advance notice, however, as per prior sentence, no sessions can be scheduled beyond the date which is 22 weeks from the initial session. THE SESSIONS ARE NOT TRANSFERABLE and NOT REFUNDABLE.
3. DISCLAIMER OF HEALTH CARE RELATED SERVICES. The Client understands that neither Provider nor its personnel (including Dr. Lana Morrow) are acting in the capacity of a licensed physician in the state of NY, MA or TX in rendering services hereunder. Accordingly, the Client understands that neither Provider nor Dr. Morrow are providing healthcare or medical services and will not seek to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body. I agree to visit with Dr. Morrow at any location upon we mutually agree.
4. PERSONAL RESPONSIBILITY AND RELEASE OF CLAIMS It is a condition to Provider rendering services to Client that Client sign the Release of Liability being provided with this Agreement.
5. CONFIDENTIALITY: The Client acknowledges that Provider will keep all information exchanged during the program sessions in strict confidentiality. Additionally, the Client is aware that Provider is prohibited from disclosing protected healthcare and system technological and operating information, presentation decks or videos, or any THINK related material provided to the Client, which is highly confidential, except upon written authorization by the Provider. Please inform us via email to DrMorowTeam@thinkinterfaces.com the names of family and practitioners with whom Provider and Dr. Lana Morrow may discuss your training with Provider, should you wish so. Neither party will hereafter make any public statements regarding the other, including regarding personnel of Provider.
The Client shall not disclose to others the proprietary information on the THINK system and its electrodes and software, or other operating and functional information.
6. GOVERNING LAW This Agreement is governed by the laws of the State of Texas, and any action relating to this Agreement must be brought only in courts located in Austin, Texas. Each party hereto hereby waives any right to trial by jury in any legal proceeding related in any way to this Agreement.
7. ENTIRE AGREEMENT This Agreement is the entire agreement of the parties regarding the subject matter hereof and may only be amended by a further writing signed by the parties. If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that: (1)he/she has received a copy of this Agreement; (2)he/she has had an opportunity to discuss the contents with Provider; and (3) the Client understands, accepts and agrees to abide by the terms hereof. Provider THINK Interfaces Inc
Signed: Dr. Lana Morrow
Dr Lana Bach-Morrow Ph.D.
By clicking on the Payment button and providing the Credit Card details, the Client agrees to this agreement, as of the date of the payment.
RELEASE OF LIABILITY
I, the undersigned, hereby voluntarily release, discharge, waive and relinquish any and all claims or causes of action for personal injury, property damage, or death which may arise out of or in connection with my participation (or the participation of the minor for whom I am legal guardian) in the proprietary frequency-specific feedback brain function training known as the THINK System (the “Training”) 1029 Challenger, Lakeway TX; and/ or Alive and Well Austin, Bee Cave, TX or 365 WEST END AVENUE, SUITE 8 C, New York, NY 10024 (the “Sites”), or for any other injuries or damages I may suffer at the Sites, no matter how such injuries or damages may occur. I understand that the Training is instructional in nature, does not constitute or consist of any medical treatment or advice, and that while THINK studies have shown the Training to increase focus and performance, decreases stress, increase in memory and neuroplasticity, there are no guarantees of certain results or any results whatsoever. I understand and acknowledge that brain function training activities have inherent dangers (including but not limited to fatigue, restlessness, headache ) that no amount of care, caution, instruction, or expertise can eliminate, and I expressly and voluntarily assume all risk of personal injury of any kind, whether foreseeable or not, sustained in connection with participating in or using the think system or in connection with the training. Moreover, the fact that I am receiving Training evidences that I agree that the benefits provided by the THINK System, for training with Dr. Morrow, for me, outweigh the described risks. I further agree, and hereby forever release and discharge THINK INTERFACES INC; Dr. LANA MORROW; and all of their respective officers, directors, members, owners, agents, servants and employees (hereinafter collectively the “Releasees”), from any and all liabilities, claims, demands, or causes of action, present or future, known or unknown, that I or my heirs may hereafter have at any time for injuries, damages or death in respect of the Training or other services I receive from any Releasees. Furthermore, under no circumstances will I nor any of my heirs, guardians, legal representatives and assigns present or future bring any claim for personal injury, property damage, or wrongful death against Releasees based upon Releasees’ acts or omissions. Such waiver and release includes, but is not limited to those arising from: 1) exercise or use of the Training, equipment and software, or adjacent facilities; 2) patent, latent or hidden defective conditions in the Training, equipment and software, or premises; 3) improper or inadequate instruction or supervision; 4) medical treatment rendered, or failed to be rendered by Releasees; 5) incidents in and around the Training areas, (ANY area, or location) such as Training surfaces, walls, restrooms, lobbies, and entryways; 6) equipment breaking or malfunctioning; 7) incidents in the parking facilities or common areas of the Sites on the part of Releasees. I confirm (i) that no sale, lease or bailment of a product is being created, (ii) that Releasees are in the business of providing instructional services only, and (iii) that the Sites of the Training do not include a pool, gymnasium, place of amusement or recreation, or similar establishment. It is my express intention to relieve the Releasees of liability for personal injuries sustained by me (or the minor for whom I am legal guardian) by reason of Releasees’ negligence, including any such injuries caused by neglect or fault of Releasees. Accordingly, I waive and release releasees from any and all claims or causes of action that I, (or the minor on whose behalf I am signing), may have in connection with training, the think system, its equipment and software, or associated use. I further agree to defend and indemnify releasees against all claims, liabilities, costs, damages and expenses (including attorneys’ fees) releasees, and each of them, may incur in connection with any claim or action that is brought against any of them relating to, or arising out of, or in any connection to, the training, its equipment and software, or associated use as it relates to me. I agree that the foregoing applies whether the claims or causes of action arise out of the negligence of releasees or otherwise. This Release shall be construed and enforced in accordance with the laws of the State of Massachusetts and action at law, suit in equity, or other jurisdictional proceeding arising in connection with this Release or my participation in the Training, shall be instituted only in the states and federal courts located in Massachusetts. I hereby waive any right to trial by jury in any legal proceeding related in any way to this Release. In entering into this Release, I am not relying upon on any oral or written representations other than what is set forth herein. The invalidity of any provision of this Release will not affect the enforceability or effectiveness of any other provision. If any provision of this Release is held void, invalid or inoperative, such event will not affect any other provisions hereof, all of which will continue and remain in full force and effect as though such void, invalid or inoperative provision had not been a part hereof.
I AM AWARE THAT THIS RELEASE IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING BELOW, INCLUDING THE RIGHT TO SUE.
Participant’s agreement consent is secured from the moment she/he makes the payment for his/her services.