I, the undersigned, understand and agree to the following as a part of my
voluntary participation in classes at Jennifer Crane Physical Therapy, a
California S-Corporation, DBA Cirque Physio (“Cirque Physio”). I acknowledge
and understand that my participation in the Cirque Cirque Physio online
program requires strenuous exercise, and various degrees of skill and
experience that involve the risk of injury, including musculoskeletal injuries.
As such, I understand and agree that Cirque Physio, its employees, affiliates,
or partners, workstudies, and independent contractors shall not be liable for
any injury, including without limitation, personal, bodily, mental injury,
death, disability, economic loss, property damage, or any other damage
suffered by me in connection with my participation in the customized, online
Cirque Physio program, whether resulting from the acts, negligent or
otherwise, of Cirque Physio, its independent contractors, workstudies,
employees, agents, or anyone else’s participation in the Training.
I agree and understand that while Cirque Physio is programming deeply
embedded in the principles of physical therapy, and created by a licensed
physical therapist, it is not a substitute for physical therapy nor does it
purport to be a physical therapy program. I acknowledge and understand that
the Cirque Physio online portal and customized programming has been created
with the understanding that in order to be effective, I must be realistic and
honest in the completion of the self-assessment quiz. I ALSO UNDERSTAND
THAT THIS SELF ASSESSMENT IS NOT A SUBSTITUTE FOR AN ASSESSMENT
COMPLETED IN-PERSON BY A PHYSICAL THERAPIST AND THAT THE CUSTOMIZED
TRAINING PROGRAMMING THAT CIRQUE PHYSIO CREATES FOR ME IS NOT
MEDICAL ADVICE. I UNDERSTAND THAT THROUGHOUT THIS COURSE, NO
MEDICAL OR PHYSICAL THERAPY ADVICE IS BEING GIVEN. I also understand that
the tools recommended by Cirque Physio may be sold to me through affiliate
links but that Cirque Physio is not responsible for any malfunction of the
equipment that I purchase for the purposes of completing the Cirque Physio
training.
I hereby agree to release and forever discharge Cirque Physio from any and all
claims, actions, damages, liability, costs, expenses, and attorney’s fees which
are related to, arise out of, or are in any way connected to my attendance at
Cirque Physio, whether or not such claims, actions, damages, liability, costs,
expenses, and attorney’s fees are caused by the acts or omissions, negligent
or otherwise, of Cirque Physio, its agents, independent contractors,
workstudies, employees or anyone else’s participation in the administration of
the Cirque Physio online program and content.
By execution of this agreement, I waive any rights to exercise any legal action
or seek any damages against Cirque Physio, its independent contractors,
employees, workstudies, or affiliates. I hereby agree that if there is any claim
by anyone based on any injury, death, disability, loss or damage described
herein, which involves me or my acts or omissions, that I will defend, hold
harmless, and indemnify Cirque Physio, its employees, workstudies,
independent contractors, partners and affiliates against any and all claims,
actions, damages, liability, costs or expenses, and attorney’s fees to me or
anyone else arising in connection with or out of my class and participation in
the Cirque Physio online content. I will not hold Cirque Physio or its
independent contractors, partners, workstudies, or affiliates responsible or
liable for any medical treatment obtained or provided in connection with my
participation.
I hereby certify that I am over 18 years of age and I have carefully read the
foregoing and acknowledge that I understand and agree to the above terms
and conditions.
I understand that these terms shall be governed and construed in accordance
with the laws of the state of California, located in the United States. I agree
that any dispute that arises out of or relates to this waiver will be resolved via
non-binding mediation in the state of California by a professional mediator
obtained by Cirque Physio and if a successful mediation is not reached, to
binding arbitration arbitrated in the state of California in accordance with the
policies set forth by American Arbitration Association. If any of these clauses
are found unlawful, void, or for any reason unenforceable, then those
unenforceable provisions will be considered severable from the remaining
Terms, and will not affect the validity and enforceability of the remaining
provisions.