MANDATORY LIABILITY WAIVER AND RELEASE OF CLAIMS
INSIGNIA CULTURAL ENDEAVORS, L.L.C.
MANDATORY LIABILITY WAIVER AND RELEASE OF CLAIMS
LEGAL NOTICE: READ ENTIRELY BEFORE SIGNING
IMPORTANT NOTICE: This Liability Waiver and Release is a mandatory pre-condition of Service delivery in accordance with the Terms and Conditions of Insignia Cultural Endeavors, L.L.C. (the “Company”). By signing this document, you are entering into a legally binding contract under Nebraska law. You are giving up specific legal rights, including the right to sue for ordinary negligence.
1. Assumption of Risks
(a) I explicitly acknowledge that my participation in any physical, energetic, coaching, consulting, or instructional Services provided by the Company—including but not limited to virtual or in-person group classes, private sessions, workshops, yoga, pranayama (breath control exercises), meditation, or other physical training regimens—carries inherent risks. These risks include physical injury, muscle strains, joint sprains, falls, illnesses, or cardiovascular and respiratory complications intrinsic to physical training and other activities.
I understand that the Company’s yoga and related wellness Services are not a substitute for professional medical care and treatment. The information and instruction provided in these Services are not offered in substitute, replacement, or contraindication of sound medical advice or medical care. Service sessions are not intended to diagnose, treat, cure, or prevent any medical condition or illness. If I have medical concerns, injuries, or chronic conditions, I understand that the Company strongly advises me to contact a licensed physician before beginning any physical practice or wellness regimen.
(b) Consistent with the Terms and Conditions, I understand and agree that I bear sole responsibility for, and assume all risks associated with:
- Any personal injury or property damage resulting entirely from my own hardware setup or client-side technical configurations during virtual sessions.
- Any occurrences, injuries, or property damage taking place at unaffiliated third-party physical venues or digital platforms.
- Any equipment failure, malfunction, or property loss during my participation.
(c) Universal Assumption of Environmental Risk: I explicitly acknowledge and agree that the Company may not own, lease, operate, or maintain any physical control over the public commercial spaces utilized for in-person Services (including, but not limited to, libraries, cafes, offices, or restaurants). Accordingly, regardless of whether the venue was selected by the Company or myself, I assume all risks regarding ambient noise, acoustic confidentiality, third-party proximity, visual data exposure, and general premises conditions. The Company bears no legal responsibility and is released from liability for financial losses, business disruptions, physical injuries (including slip-and-falls on the premises), personal distress, or third-party interference arising out of or relating to the environmental or structural conditions of the meeting venue.
2. Health Affirmation, Physical Fitness, and Breathwork Disclosures
(a) Voluntary Health Affirmation: I hereby affirm that I am in good physical health and do not suffer from any medical condition, impairment, or disease that would limit or prevent my safe participation in yoga, meditation, or pranayama (yoga breathwork) sessions. I acknowledge that it is my sole responsibility to consult with a physician prior to participating, and I affirm that I have either cleared this activity with a qualified medical professional or have chosen to participate voluntarily without such approval, assuming all associated health risks.
(b) Yogic Pranayama and Breathwork Risks: I explicitly acknowledge that certain pranayama and breathing techniques in yoga practice involve intense respiratory patterns, breath retention, or rapid alterations in oxygen levels. I understand that these practices can cause dizziness, lightheadedness, tingling sensations, or other physiological shifts. I agree to practice strictly within my personal comfort limits, to listen to my body, and to immediately cease any technique that causes physical distress or discomfort.
(c) Continuous Duty to Disclose: I agree to proactively inform the Instructor of any physical limitations, injuries, surgeries, or medical changes—including but not limited to cardiovascular conditions, high or low blood pressure, respiratory conditions, panic or anxiety disorders, or pregnancy—prior to the start of every session. I understand that the Instructor relies on my timely and accurate disclosures to provide safe instructional modifications, and I agree to immediately cease participation in any activity should my physical or mental condition prove unsuitable for continued practice.
2. “As Is” Service Acknowledgment & Outcomes Disclaimer
In accordance with the Terms and Conditions, I acknowledge that all professional consultation, education, translation, and physical instructional services are delivered on an “AS IS” and “AS AVAILABLE” basis.
- I agree that my participation in the Company’s services is at my sole risk.
- I recognize that the Company makes no absolute warranties or representations regarding my personal or subjective satisfaction, or specific academic, commercial, physical, or financial outcomes.
- I acknowledge that for any subjective errors, omissions, or mistakes in educational materials, consulting summaries, or translation drafts, my sole remedy is strictly restricted to the rescheduling protocols outlined in the Company’s Terms and Conditions.
3. Release of Liability for Ordinary Negligence
To the maximum extent permitted under Nebraska law, I hereby release, waive, and forever discharge Insignia Cultural Endeavors, L.L.C., its registered founders, officers, partners, and contracted agents (collectively, the “Released Parties”) from any and all liability, claims, demands, or causes of action for personal injury, wrongful death, property damage, professional errors, inadvertent omissions, instructional mistakes, or financial loss arising out of the ordinary negligence of the Company or its agents.
This includes, but is not limited to, a complete release of liability for unauthorized access to or use of the Company’s third-party booking servers, database infrastructure, or personal/financial information by external cyber-actors.
Nebraska Public Policy Exception: This waiver applies strictly to ordinary negligence and does not release or exempt the Company from liability for claims resulting directly from the Company’s own gross negligence, recklessness, intentional misconduct, or bad-faith execution of services.
4. Alignment with Remedy Caps and Package Clauses
I explicitly accept the financial boundaries and operational structures established in the Terms and Conditions:
- Exclusion of Consequential Damages: The Company is not liable for indirect, consequential, or punitive damages, including lost business profits, lost revenue, loss of academic credits/grades, data corruption, or travel inconveniences.
- Maximum Financial Cap: The collective liability of the Company for any cause of action whatsoever (including claims of breach of contract, simple negligence, or professional oversight) will at all times be strictly capped at the exact fees paid for the single session, or the specific pro-rated/contracted caps outlined in the Terms and Conditions.
- Multi-Week Packages: If I am participating in a multi-week package, I agree to the fixed expiration windows, mid-package non-refundable cancellation clauses, and the strict medical freeze documentation policies detailed in the Terms and Conditions.
5. Indemnification Obligations
In alignment with the Terms and Conditions, I agree to defend, indemnify, and hold harmless the Released Parties from and against any documented third-party loss, financial damage, legal liability, or claims (including reasonable attorneys’ fees and court expenses) arising directly out of:
- (a) My verified breach of the Terms and Conditions or session conduct rules;
- (b) Any fraudulent, false, or misleading intake, identity, or scheduling information I submit; or
- (c) My violation of third-party intellectual property or proprietary rights within texts I transmit for translation.
The Company reserves the right to assume exclusive defense of any such matter at my reasonable expense.
6. Emergency Medical Consent
In the event of a medical emergency or physical injury during an in-person or live session, I authorize the Company and its agents to secure emergency medical care and/or transportation on my behalf. I agree to assume full financial responsibility for any medical expenses or transportation costs incurred.
7. Governing Law, Conspicuity, Exclusive Jurisdiction, and Mandatory Arbitration
THIS LIABILITY WAIVER AND THE ASSOCIATED TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES PURSUANT TO NEBRASKA LAW.
- Governing Law: This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Nebraska.
- Lancaster County Venue: Any legal action, suit, or proceeding arising out of or relating to this agreement or the services provided by the Company must be brought exclusively in the District Court of Lancaster County, Nebraska (or, if federal jurisdiction applies, the United States District Court for the District of Nebraska sitting in Lincoln).
- Conspicuity: I acknowledge that I have been afforded a fair and reasonable opportunity to review this agreement before signing it. If any provision of this waiver is found to be invalid by a court of competent jurisdiction, the remaining terms shall continue in full force and effect.
- Binding Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the Site, or the Services provided by the Company—which cannot be resolved informally—shall be submitted to and settled exclusively through binding arbitration in the City of Lincoln, Lancaster County, Nebraska, and administered in accordance with Nebraska law. The decision of the arbitrator shall be final, non-appealable, and binding upon all parties, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
ELECTRONIC SIGNATURE AND AUTHORIZATION
In accordance with the Nebraska Uniform Electronic Transactions Act (UETA) (Neb. Rev. Stat. § 86-611 et seq.), by typing your name below or in the space provided in the booking form, you are providing a legally binding electronic signature. You certify that you are at least 19 years of age, that your electronic authorization constitutes your intent to sign, and that you agree to be fully bound by all the terms, risk assumptions, non-refundability rules, financial caps, and liability exclusions outlined in both the Terms & Conditions and the Liability Waiver and Release of Claims of Insignia Cultural Endeavors, L.L.C.
- I AGREE that my electronic authorization below constitutes my intent to sign, accept, and be bound by all the terms, risk assumptions, and liability exclusions of this agreement.
Date of Authorization: [________________________________________]
- Type Full Legal Name (Acts as Signature): [________________________________________]