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DO IT YOURSELF EDUCATION NOTIFICATION
The Energetic Health Institute (EHI) provides opportunities for persons paying for access (Individual or Individuals) to experience education, via my.EnergeticHealthInstitute.org, if they so choose to participate. As such, there are informational videos as well as optional Do It Yourself (DIY) components in many courses of our catalog.
In clarity, the DIY education offered at my.EnergeticHealthInstitute.org is not a clinical trial. The DIY education offered at my.EnergeticHealthInstitute.org is not an experiment. The Energetic Health Institute as an organization, including its Board of Directors, Leadership Directors, Faculty, Staff, Curricula Developers, et all, STRONGLY encourage all individuals considering exploring DIY opportunities to do so in a safe and well-supervised environment, preferably under the care and direction of a qualified and licensed healthcare professional.
The Energetic Health Institute makes no claims and takes no action regarding any medical diagnosis, prescription, treatment, or cure for any individuals electing of their own free will to participate in any DIY opportunities.
Individuals are free to participate in DIY components of their education at their discretion.
Individuals are free to decline to participate in DIY components of their education and still watch the informational videos without reprisal at their discretion.
Individuals are free to participate and withdraw their participation in DIY components of their education at their discretion.
Participation in any DIY opportunity of any education offered at my.EnergeticHealthInstitute.org is ALWAYS left to the discretion of the individual AND the individual is ALWAYS encouraged to discuss the prospects of their participation with qualified and caring medical professionals who possess knowledge of the individual’s medical history BEFORE attempting.
The individual, and the individual alone, is responsible for their health.
The Energetic Health Institute respects the rights of the individual.
DIY education offered at EHI is not intended to diagnose, prescribe, treat, or cure any pre-existing condition. DIY education offered at EHI has not been evaluated by the HHS, FDA, FTC, or any government agency, but is based upon published peer-reviewed literature and prior clinical experience, nevertheless.
By participating in any component of DIY education offered at my.EnergeticHealthInstitute.org the individual acknowledges and agrees to the preceding statements.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in any DIY education course at my.EnergeticHealthInstitute.org (the “Activity”), and as consideration for the right to participate in the Activity, the individual hereby, for themself, their heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of their participation in the Activity, and do hereby release and forever discharge Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale), as well as all EHI affiliates, curricula developers, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that individual may suffer as a direct result of their participation, endeavored into at their discretion in the aforementioned Activity, including traveling to and from an event related to this Activity.
INDIVIDUAL ACKNOWLEDGES THEIR DISCRETION TO VOLUNTARILY PARTICIPATE IN THE AFOREMENTIONED ACTIVITY AND IS PARTICIPATING IN THE ACTIVITY ENTIRELY AT THEIR OWN RISK. INDIVIDUAL IS DULY NOTIFED AND IS AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS. INDIVIDUAL UNDERSTANDS THAT ANY INJURIES OR NEGATIVE OUTCOMES ARISING FROM THEIR OWN NEGLIGENCE, KNOWN AND UNKNOWN CONDITIONS RELATED TO PARTICIPATION, OR THE PRE-EXISTING CONDITION OF THE INDIVIDUAL. NONETHELESS, INDIVIDUALS, HAVING BEEN DULY NOTIFIED AND ENACTING THEIR DISCRETION, DO ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO THEMSELVES & ANY PARTIES WITH KNOWLEDGE OF THEIR HEALTH OR HABITS, OF THEIR PARTICIPATION IN THIS ACTIVITY.
The individual agrees to indemnify and hold harmless the Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale), as well as all EHI affiliates, curricula developers, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by the individual or anyone on their behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by the individual or by anyone else acting on their behalf. If Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale), as well as all EHI affiliates, curricula developers, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors incurs any of these types of expenses, individual agrees to reimburse Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale) as well as all EHI affiliates, curricula developers, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors.
Individual acknowledges the Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale), and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale) as well as all EHI affiliates, curricula developers, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors.
INDIVIDUAL ACKNOWLEDGES THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR SERIOUS INJURY. The risks may include, but are not limited to, those caused by natural therapies including holistic nutrition, cellular detoxification, and fasting being explored and experimented with for the benefit of themselves or anyone under their care, if qualified as a health care practitioner.
INDIVIDUAL ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ THIS “WAIVER AND RELEASE OF LIABILITY” AND FULLY UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY. INDIVIDUAL EXPRESSLY AGREES TO RELEASE AND DISCHARGE Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale), AND ALL OF ITS AFFILIATES, CURRICULA DEVELOPERS, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND INDIVIDUAL AGREES TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT THEY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale), AND ALL OF ITS AFFILIATES, CURRICULA DEVELOPERS, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale), its agents, and employees.
In the event that the individual should require medical care or treatment, the individual agrees to be fully financially responsible for any costs incurred as a result of such treatment. The individual is aware and understands that individual should carry their own health insurance.
In the event that any damage to equipment or facilities occurs as a result of the individual’s willful actions, neglect or recklessness, the individual acknowledges and agrees to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement is entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the individual and Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale), agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that, by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Individual affirms that they are of the age of 18 years or older, or have been granted permission to participate by a legal guardian, and the individual is freely participating in this DIY education certification course and abiding by this agreement in its entirety. Individual certifies by participating in this course, that they have read this agreement, that they fully understand its content and that this release cannot be modified orally. The individual is aware that this is a release of liability and a contract and that they are agreeing to, of their own free will.
The individual agrees that participating in any DIY education coursework at the Energetic Health Institute constitutes their agreement to all provision herein and all contractual documents related to their access to coursework content as of the date of their payment for access.
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT (the “Agreement”) is made as of the date of payment for access to the coursework the Individual has paid for and between the Energetic Health Institute, Genesis Health Systems, Dr. Henry Ealy (aka Dr. Henele Eale), and all persons employed by, or with contractual ties to these organizations, and people as the persons or entities receiving indemnity (hereinafter referred to as the “Indemnitee”), and individual, as the person or entity bound to provide and/or protect the Indemnitee (hereinafter referred to as the “Indemnitor”), located abroad and, at times, the Indemnitee or Indemnitor may be referred to as the “Party” or may be collectively referred to as the “Parties.”
WHEREAS the Indemnitor desires and wishes to hold harmless and indemnify the Indemnitee and its successors and assigns from any and all liabilities, losses, claims, judgments, suits, fines, penalties, demands or expenses, including, but not limited to, all reasonable costs for defense and investigation thereof (including but not limited to, attorney’s fees, court costs and expert fees) claimed by anyone by reason of injury or damage to persons or property sustained in or around DIY education certification course as a proximate result of the acts or omissions of the Indemnitee, its agents, successors and assigns or arising out of the operation or actions of the Indemnitee upon or about DIY education certification course, in all instances.
REPRESENTATION OF AUTHORITY OF PARTIES
Individuals will acknowledge receipt of this notification, the release of liability, and hold harmless agreement in the appropriate learning management system and if the individual fails to acknowledge receipt, then their paid access, enrollment, or participation will duly serve as proof of their acknowledgement of receipt. All parties involved in this Agreement and/or participating in this DIY education certification course, represents and warrants that they are duly authorized and have legal capacity to execute and deliver this Agreement. All parties represent and warrant to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized. The Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.
MODIFICATION OF AGREEMENT
This Agreement may be supplemented, amended, and/or modified by the Energetic Health Institute, with or without due notice to the individual, prior to the timely enactment of new terms. Any supplement or modification of this Agreement shall be binding once done so in writing and publication made by the Energetic Health Institute.
ENTIRE AGREEMENT
This is the entire agreement between the aforementioned parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.
ENFORCEABILITY, SEVERABILITY AND/OR REFORMATION
In the event that any covenant, provision and/or restriction is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included.
In the event that any court determines that any of the covenants, provisions or restrictions be excessive in duration or scope or be unreasonable or unenforceable under the laws of that state, it is the intention of the parties that such restriction may be modified or amended by the court to render it enforceable to the maximum extent permitted by the laws of that state.
GOVERNING LAWS
The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of Oregon or the state with which the Energetic Health Institute is currently regulated, if not regulated by the state of Oregon, and applicable to contracts made and to be wholly performed within such state, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts located in Oregon or the state with which the Energetic Health Institute is currently regulated, if not regulated by the state of Oregon, shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.
JURISDICTION AND VENUE
This Agreement is to be construed pursuant to the current laws of the State of Oregon or the state with which the Energetic Health Institute is currently regulated, if not regulated by the state of Oregon. In the event that any dispute shall arise under or in connection with the agreement or related to any matter which is the subject of the agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Oregon or the state with which the Energetic Health Institute is currently regulated, if not regulated by the state of Oregon.
THE UNDERSIGNED & INDIVIDUAL BY WAY OF ACKNOWLEDGEMENT PRIOR TO COURSE PARTICIPATION ACKNOWLEDGE HAVING READ, UNDERSTAND and ACCEPT THIS AGREEMENT, and by participating in DIY education certification courses at the Energetic Health Institute, the individual, acting of free will, sound mind, and at their discretion agree to all of the aforementioned notifications, release of liability, and hold harmless terms, conditions, and policies.
Signature Available On Original Document Upon Request
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Dr. Henry Ealy
Energetic Health Institute
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Executive Community Director
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Signed & Effective Feb 1, 2023 and retroactive to Oct 13, 2013