Waiver Agreement

Why You’re Reading This Document

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks associated with our services and have you release KayKon of any liability. Please be aware that if you do not agree to the terms of this Waiver, you will not be able to benefit from KayKon’s services.

If you are under the Age of Majority in the State of Texas (18 years old), your legal guardian must accept this Waiver on your behalf. 

 PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER.  BY AGREEING YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.

1. Parties. We will refer to KayKon LLC, a Limited Liability Company based in the State of Texas as “KayKon”, “us” or “we”, or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.

2. The Services. While with us at KayKon, you may receive the following Professional and Caring services and more:
   
   2.1. Health coaching, 
   2.2. Nutrition coaching, 
   2.3. Wellness advice (the “Services”).
   2.4. The Services also apply to any of the Services made available for online streaming and participation or that take place outside of KayKon’s facilities, including outdoors or at your home.

3. Inherent Risks. You understand that receiving the Services poses inherent risks and potential side effects, some more obvious or serious than others. 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. Potential side effects and injuries include but are not limited to:
   
   3.1. Over-supplementation or improper supplementation resulting in allergic reaction, digestive distress, headaches, worsening of existing symptoms, etc. and exercise-induced injury such as dizziness, strained muscles, etc.
   
   3.2. Emotional, psychological and physiological changes, distress, disorientation related to changes in lifestyle, confronting difficult issues, personal challenges, and suppressed feelings or thoughts.
   
   3.3. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or equipment. 
   
   3.4. There are additional risks posed by receiving the Services outside of KayKon’s facilities, as this is a different environment. You acknowledge that where you agree to receive the Services outside of KayKon’s facilities you accept the increased and additional risks that come with this setting. 
   
   3.5. There may be other reasonable risks posed for Services performed outdoors, such as sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that KayKon is not responsible for any injuries caused as a result of performing the Services outdoors. 
   
   3.6. If you are pregnant or recently gave birth, there are additional risks to your body and to the health of your fetus, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.

4. Affirmation of Health. By agreeing to receive the Services, 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, are pregnant or post-natal, you should consult with your doctor first before engaging with the Services. Please communicate and inform us immediately if at any point you do not feel well during the Services. 

5. COVID-19 & Infectious Disease. You acknowledge that every time you come to KayKon to receive any in-person Services you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If at any point within 14 days prior to receiving the Services, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to visit our business or seek our Services and you should consult with your doctor. You agree to update us regarding your health or risk factor and to comply with all measures and policies implemented by KayKon and applicable public health guidelines (federal, state, local, CDC and others) as updated, including but not limited to wearing masks, personal hygiene and social distancing, and taking your temperature or allowing it to be checked before entering KayKon’s place of business. We are all in this together and it is important to follow guidelines, act responsibly and with care towards one another in order to ensure everyone’s safety!
   
   5.1. Consent to Cooperate with Contact Tracing. You understand and agree that KayKon may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes.  This only applies to any in-person consults.

6. Medical Disclaimer. You fully understand that KayKon is not a medical or healthcare professional and that the Services and any information, consultation or facilitation provided by KayKon 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 KayKon is not designed to diagnose, treat, cure or prevent any disease, pain, deformity, injury, mental or physical condition of any kind. 

7. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by KayKon. Your signature below, electronic signature or clicking 'I Agree’, and your acceptance of the Services KayKon illustrates your voluntary engagement and assumption of the risks of the Services.

8. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against KayKon LLC, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of KayKon’s negligence, during the Services at KayKon. 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 undertaking of 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.

9. 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. 

10. General Legal Provisions.
    
    10.1. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Texas. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Texas.

    
    10.2. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect.
    
    10.3. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements.
    
    10.4. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
    
    10.5. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement. 

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

Thank you for communicating honestly with us. We look forward to welcoming you at KayKon!