Group Class Agreements, Liability, and Releases

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Please read this agreement in its entirety.

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Risks and Scope of Practice

As the client, and in consideration for my participation in somatic trauma sessions (“Practicum”). I agree that my participation in the Practicum is entirely voluntary and that I assume any risk associated with participation. Any actions or lack of actions, taken by me, the client, of such advice is done so solely by choice and responsibility, and any harm, injury, or loss that may occur to me or my property as a result of my participation in the Practicum, is neither the responsibility nor liability of Jessica Hooley ("Jessa").

 

I understand that Jessa Hooley is a holistic practitioner. I understand that the modalities Jessa offers are not substitutes for counseling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment, and I will not use it in place of any form of therapy.

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I recognize that the Practicum requires emotional, physical, and mental effort, exertion, and behavioral experimentation, on my part, which may cause physical, mental or emotional injury. While Jessa does everything she can to mitigate the risks of the practice, it is not possible to eliminate them completely I fully acknowledge and take full responsibility for all the risks involved. I understand that it is my responsibility to consult with my health care and mental health provider(s) prior to participating in the Practicum. I also understand that I am encouraged to bring up any concerns or questions regarding how our work together develops.

 

I understand that Jessa cannot guarantee any results from my participation in the Practicum.

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Agreements for Therapeutic Touch

I understand that all touch during somatic sessions is applied with therapeutic intentions and that I have to right to refuse any touch at any time for any reason. I also understand that Jessa has the right to refuse to offer touch at any time and for any reason. I understand that I can withdraw my consent to receive touch at any time in our work together. I understand that self-touch is always an alternative option if I don't feel comfortable with Jessa's therapeutic touch.

 

NO TOUCH IS GIVEN WITH ANY SEXUAL INTENTION. Touch to genitalia (including self-touch) is explicitly prohibited during the Practicum and will result in termination of work together without any refunds for any prepaid or previously scheduled sessions.

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Biodynamic Breathwork and Trauma Release® Waiver and Liability Release

I understand that Biodynamic Breathwork and Trauma Release System® includes breath, physical movement, therapeutic touch and bodywork, meditation, sound & release of emotions. I understand BBTRS® gives an opportunity for release of chronic muscular tension and free flow of energy in the body.

 

As is the case with any physical activity, the risk of injury, even serious disabling, is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will acknowledge my physical limitations, discontinue the activity, and ask for support from the facilitator.

 

I assume full responsibility for any and all damages, which may incur through participation. I understand that the breathing facilitator does not diagnose illness or disease and does not prescribe medical treatment or pharmaceuticals. I understand that BBTRS® is not a substitute for medical care and that it is recommended that I work with my primary caregiver for any condition I may have.

 

BBTRS® is not recommended under certain conditions including pregnancy, severe asthma, severe heart diseases, untreated mental illness, epilepsy/history of seizures, acute physical injuries, or severe diabetes. I will report to the facilitator any medical conditions or physical limitations before the session. I will not participate in Practicum intoxicated by alcohol or drugs.

 

I also affirm that I alone am responsible for deciding whether to participate in a BBTRS® session and that participation is at my own risk. I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against my breathing facilitator.

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Financial Obligation

In the event that I am injured, I agree to assume any financial obligation, either through my personal health insurance, or through some other means, for any medical costs I incur. Jessa assumes no responsibility for any medical expenses, injury, or damage suffered by me in connection with the use of any facilities or services in connection with the Practicum. IN CONSIDERATION OF MY PARTICIPATION IN THE PRACTICUM, I HEREBY GENERALLY RELEASE, AND PROMISE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JESSICA ("JESSA") HOOLEY, AND THEIR RESPECTIVE AGENTS AND EMPLOYEES (THE “RELEASE PARTIES”), FROM ANY LIABILITY WHATSOEVER.

 

I will reimburse Jessa for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against her. I agree that the terms of this agreement, including the indemnification obligations in this paragraph, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that applicable law does not permit to be excluded by agreement.

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Security Footage Consent to Recording

I understand that Jessa has installed security cameras both inside and outside her Lehi facility for the safety of all parties engaged in the Practicum. I consent to Jessa recording me on the property and during the Practicum. I understand that any recordings will remain confidential and will only be released in the event that they are needed to address security concerns or in a litigation dispute. I understand that Cove Smart, LLC and COPS Monitoring (UT state license 5854940-6501) will have access to any recordings of me as the security monitoring company Jessa uses. I understand that events held in venues that Jessa does not own may have security equipment that she is unaware of and that she will not have access to any footage of me taken by the venue.

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This Agreement's Status as Legally Binding

I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Utah law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement. I understand that this is a contract that affects my legal rights, and I have read and understood this form and all its contents, and I voluntarily agree to the terms and conditions stated above. To submit questions regarding this agreement please email: jessa@alwaysvibin.com