Waiver and Release of Liability
Please sign before your class.

WAIVER AND RELEASE OF LIABILITY

 

Welcome to Daish. Coaching and Wellness! Before participating in our health, fitness and wellness Services, we ask you to take the time to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). If you have any questions at all, please contact us before signing this, so we can be sure to be on the same page.

 

The purpose of this Waiver is to help protect both you and us. For your benefit, we want to be crystal clear that health and wellness coaching comes with risks. Although these risks cannot always be predicted, we want to make you aware of some of the most common and most dangerous ones, so that you can take proper precautions and make a more informed decision about whether our Services are right for you.

 

This Waiver also protects us from lawsuits, because we cannot operate and help our clients if we have to be fearful of being sued, whether the claims are real, perceived, or frivolous. We do our best to provide the best information possible, but ultimately, your health choices are yours alone. For this reason, by signing or otherwise agreeing to this Waiver, you will be agreeing not to sue us for any reason, regardless of fault. You will also be bound to all other terms of the Waiver. 

 

If you are a minor in the State of Washington  or in your place of residence, your legal guardian must also read and sign this Waiver on your behalf.  

 

1. Parties. We are Daisha Nilsen, a Sole Proprietorship  based in the State of Washington . In this Waiver, we will refer to ourselves as “Daish. Coaching and Wellness,” “us,” “we,”  and “our.” We’ll refer to you, the undersigned (electronically or by hand), or the person who has clicked “I Agree” (or something similar) to this Waiver, as “you” or “your.”

 

1. The Services. While with us at Daish. Coaching and Wellness, you may receive the following Wellness Coaching services and more (the “Services” and "Activities"):

 

1. Mindset Coaching, Health Coaching, 

 

1. Fitness Training which includes but is not limited to: strength and fitness training, core exercises, high intensity exercises, flexibility training, body weight exercises, locomotor movements, stretching and resistance exercises, strength exercises, mobility, range of motion exercises, and breathing exercises. 

 

1. The Services include all services we make available for online streaming and participation, all of our pre-recorded audio or visual material, and services that take place outside of Daish. Coaching and Wellness’s facilities, including outdoors or at your home.

 

1. The Services also include our recommendation or sale of products or third-party services. We may receive affiliate commissions from any such sales. If you have any questions about this, please consult our Privacy Policy or ask us directly. 

 

1. Please note that this list may not be comprehensive. Health and wellness coaching is an evolving field where practitioners are continually learning new and improved techniques and modalities. Therefore, this Waiver will apply fully even if you receive a Service not explicitly listed here. 

 

1. Equipment. In the course of the Activities, you will use a variety of equipment, which may include but is not limited to:  dumbbells, foam rollers, massage balls, free weights, barbell, treadmills, resistance bands, dumbbells, kettlebells, fitness balls, pull-up frame, TRX, medicine balls, and elliptical machine (the “Equipment”). Please do not use any equipment not instructed by Daish. Coaching and Wellness.

 

1. Inherent Risks. You understand that receiving the Services poses inherent risks and potential side effects, some more obvious or serious than others. Some of these risks can result in serious harm and injuries that could change your quality of life, so we want you to be aware of them beforehand. Some potential side effects and injuries include but are not limited to the following:

 

1. Risks from diet change, supplements, and detoxes. Whenever you put something new into your body, there is a risk. Here we list some relatively common and some uncommon, but very serious, inherent risks.

 

1. Relatively Common Risks. While many people have no side-effects at all when changing their diet, taking new supplements, or detoxing, other people do. Some relatively common risks and side effects include headaches, diarrhea, loose stool, stomach/gut pain or inflammation, vomiting, exhaustion, sleep issues, and over-supplementation or improper supplementation of nutrients.  

 

1. Allergies. You may have a previously unknown allergy to a new food or supplement. Specific symptoms and side effects of allergic reactions can be unpredictable and can range from mild discomfort and nausea, to fever and rash, to hospitalization and death. It is simply impossible to list every risk of an allergic reaction. Therefore, if you have strong allergic reactions, please be aware of the ingredients of anything we recommend, and consult your doctor or other medical professional as necessary.

 

1. Pre-existing Medical Conditions. As with allergies, we cannot list every possible medical condition and the associated risks. However, if you have any liver or kidney conditions or diseases, type 1 diabetes, or if you are pregnant or breastfeeding, we do not recommend detoxing, and suggest you be very careful about diet change or starting new supplements. Additionally, if you have had a stroke, heart or circulation issues, gallbladder problems (or removal), blood clots, or have had your stomach stapled, you should be extra cautious and consider talking to your doctor before commencing any change in your diet, supplements, or detoxing.

 

1. Interaction with Pharmaceuticals. If you are taking pharmaceuticals, you should be aware that they can be counteracted, enhanced, or otherwise affected by the food and supplements you take. Some particular pharmaceuticals of concern include blood thinners, blood pressure medication, and heart medications, but there are many more. If you are uncertain about how any food or supplement will interact with a pharmaceutical you are taking, we suggest that you discuss this with your pharmacist or doctor beforehand.

 

1. Risks from Physical Exercise. While physical exercise is an important part of your overall health, it is important to know your own body and not push yourself too far, too fast. Some common risks associated with physical exercise may include Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and hearing loss.  Please be careful and listen to your body.

 

1. Life Coaching. Life coaching can touch many areas of your life, including mental health, career, family, friendships, and more. In the course of receiving life coaching services, you may begin changing your life in many ways. For example, you may confront difficult issues and realize suppressed thoughts or feelings. There is a risk this could lead to distress, depression, anxiety, and other mental health concerns as you work on yourself. You may also experience changes to your relationships, both positive and negative, as you reevaluate your personal interactions. Additionally, you may make changes associated with your career, which could lead to a loss in income. Although we provide you with the best information and support we can, there is a risk that your changes result in short or long term negative effects.

 

1. Business Coaching. We do our best to give you the best business coaching possible so you can reach the next level of success. That said, every decision comes with risk, and sometimes things do not work out as planned. Ultimately, your business decisions are solely your responsibility. By signing this Waiver, you accept responsibility for any outcomes, and you agree that Daish. Coaching and Wellness is not responsible for any loss of income to your business or any other negative consequences that may result from any changes to your business that you choose to implement during or after receiving the Services.

 

1. Group Coaching. The risks we discuss above may be enhanced when receiving coaching in a group setting. Every body, mind and soul is different. Solutions that benefit most people, may have the opposite effect for you. 

 

1. Affirmation of Health. By agreeing to receive the Services, you agree that you are healthy enough to receive them. If you are unsure, you affirm that you have sought medical advice and consulted with your primary care physician to determine that these are the right treatments for you and do not pose a significantly increased risk to your health. If you have any pre-existing medical conditions, physical injuries, weakness, or are pregnant or post-natal, you should consult with your doctor first before engaging with the Services. 

 

1. Medical Disclaimer. You fully understand that Daish. Coaching and Wellness is not a medical professional and that the Services and any information, consultation and facilitation provided by Daish. Coaching and Wellness does not constitute medical treatment or advice. You acknowledge and agree that your use of any dietary, lifestyle or wellness recommendations or information is completely voluntary and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by Daish. Coaching and Wellness is not designed to diagnose, cure or prevent any disease, pain, deformity, injury, or mental or physical condition of any kind. 

 

1. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by Daish. Coaching and Wellness. By signing, electronic signing, or clicking “I Agree” (or something similar), you are confirming your voluntary engagement and assumption of the risks of the Services.

 

1. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Daisha Nilsen and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Services with Daish. Coaching and Wellness, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Services. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

 

1. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing treatments, workshops and Services whether in person (inside or outside), online, or via video conferencing tool. 

 

1. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Washington . The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Washington . Severability. If any terms or provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Online Agreement. The parties agree that this Waiver may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand. 

 

 

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms. 

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Thank you for communicating honestly with us. We look forward to woring together!