Non-Disclosure Agreement and Medical Waiver
This Agreement (the "Agreement") is entered into by and between Rylee Lindgren (“Company” or "Disclosing Party") and YOU ("Receiving Party") for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information").
Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. It shall include but is not limited to any techniques, methods, conversations, treatments, acts, conduct or experiences that happen in your session. Furthermore, confidential information also includes any products, services, customers, client information, business ideas, business plans, marketing plans, markets, software developments, inventions, processes, designs, marketing or finances, marketing strategies, business strategies, information, company records and contacts.
Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.
Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others (verbally or in writing), or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information.
Time Period. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner or employee of the other party for any purpose.
Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to affect the intent of the parties.
Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
This Agreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.
Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed and enforced in accordance with the governing state laws of California and shall be binding upon the parties hereto in United States and worldwide. The federal and state courts within California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.
Remedies. Receiving Party agrees that its obligations hereunder are necessary and reasonable in order to protect the Disclosing Party and its business. Accordingly, Receiving Part agrees and acknowledges that any such violation or threatened violation will cause irreparable injury to the Disclosing Party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach, without the necessity of proving actual damages.
Miscellaneous. This Agreement shall be binding upon and for the benefit of the undersigned parties, their successors and assigns, provided that Confidential Information may not be assigned without the prior written consent of the Disclosing Party. Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.
PLEASE READ CAREFULLY
Medical Release and Waiver
By clicking “I agree to the terms and conditions” you expressly agree to the following:
You understand Rylee Lindgren and its subsidiaries, owners, principals, directors, executives, assistants, employees, staff, or agents are not doctors, therapists, registered dieticians, coaches, financial analysts, psychotherapists or registered medical professionals. You understand your participation in this session or series of sessions will not treat or diagnose any disease, illness, or ailment and if you should experience any such issues you should see your registered physician or other practitioner as determined by your own judgment.
You understand that the Session(s) is not a substitute for health care, medical or nutritional advice of any kind. You understand and agree that you are fully responsible for your mental well-being, mental, and physical choices and decisions during and after the Session.
You understand that the Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, death, illness, property damage, or bodily injury, caused by your participation in the session or care following the session and you expressly waive, discharge, release all liability and hold Company harmless of all such claims. To the maximum extent permissible under applicable law, Company will not be responsible to you or any third party claims through by you for any direct, indirect, special or consequential, economic or other damages arising in any way out your participation in the Session(s).
You expressly consent to any and all treatments, methods, and techniques necessary that Rylee Lindgren may perform in your session as determined by her.
Please email Rylee (firstname.lastname@example.org) 24 hours in advance of your appointment to notify us of any changes or cancellations to get a full refund. If 24 hours notice is not given to us, your session is non-refundable.
I hereby declare under penalty of perjury that I am over the age of 18 years old and legally able to enter into this agreement and do so of my own free will.
I have read and agree to the terms above *