Waiver
The Body Artisans – Continuing Education Programs
By purchasing, registering for, attending, or participating in any continuing education course, workshop, or training offered by The Body Artisans (“the Program”), I (“Participant”) acknowledge, understand, and agree to the following:
1. Nature of the Program & Continuing Education Disclaimer
I understand that the Program is a continuing education experience designed for licensed or student massage therapists and bodywork professionals. The Program is educational in nature and may include lectures, demonstrations, hands-on practice, and supervised partner work.
I acknowledge that the Program does not constitute medical care, diagnosis, or treatment, and participation does not create a practitioner–patient or therapist–client relationship between myself and The Body Artisans, its instructors, or assistants.
2. Physical Activity & Inherent Risks
I understand that massage therapy and bodywork training involves physical activity, including but not limited to:
- Giving and receiving massage or bodywork
- Partner practice involving physical contact
- Use of massage tables, bolsters, tools, and related equipment
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Movement, positioning, and prolonged standing or sitting
I acknowledge that participation may result in muscle soreness, fatigue, strain, emotional release, aggravation of pre-existing conditions, minor injury, or, in rare cases, more serious injury.
3. Assumption of Risk
I knowingly, voluntarily, and expressly assume all risks associated with my participation in the Program, whether known or unknown, foreseeable or unforeseeable, arising from my attendance, participation, or use of equipment.
4. Physical Ability & Medical Responsibility
I represent and warrant that I am physically and mentally able to participate in the Program and that I do not have any condition that would prevent safe participation, or that I have chosen to participate despite such conditions.
I understand that it is my sole responsibility to consult with a qualified healthcare provider regarding my fitness for participation and to inform instructors of any injuries, medical conditions, or limitations that may affect my participation.
5. Voluntary Participation
I understand that my participation is entirely voluntary and that I may decline, modify, or discontinue any activity at any time. I agree to listen to my body, communicate boundaries clearly, and practice within my personal limits.
6. Communicable Disease & Health Risk Acknowledgment
I acknowledge that participation in the Program involves close physical contact with others and may increase the risk of exposure to communicable illnesses, including but not limited to viral or bacterial infections.
I voluntarily assume all risks related to potential exposure to communicable diseases and agree to comply with any health and safety policies established by The Body Artisans.
7. Emergency Medical Authorization
In the event of illness, injury, or medical emergency during my participation, I authorize The Body Artisans, its instructors, assistants, or representatives to seek emergency medical care on my behalf if deemed necessary in their reasonable discretion.
I understand that the Released Parties are not obligated to provide medical care and are not responsible for the outcome of such care. I assume full responsibility for any medical expenses incurred and release the Released Parties from liability arising from the provision of, or failure to provide, emergency medical care, except in cases of gross negligence or willful misconduct, to the fullest extent permitted by law.
8. Release of Liability
To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue The Body Artisans, its owners, officers, instructors, assistants, volunteers, contractors, other participants, venue owners, and property managers (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, or liability of any kind arising out of or related to my attendance, participation, or use of equipment, whether arising from negligence or otherwise.
9. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising from my participation in the Program or my breach of this Agreement.
10. Personal Property
I understand that The Body Artisans is not responsible for loss, theft, or damage to personal property brought to the Program venue. I assume full responsibility for securing my belongings.
11. Code of Conduct & Right of Removal
I agree to conduct myself in a professional, respectful, and safe manner at all times. I understand that participation involves physical touch and requires clear communication, consent, and professional boundaries.
The Body Artisans reserves the right, in its sole discretion, to remove any participant whose behavior is unsafe, disruptive, inappropriate, or inconsistent with professional standards, without refund. Such removal shall not relieve me of my obligations under this Agreement.
12. Independent Contractor Status
I understand that instructors, assistants, and presenters may be independent contractors and not employees of The Body Artisans. The Body Artisans is not liable for acts or omissions of independent contractors outside the scope of the Program.
13. Photo & Video Release
I grant The Body Artisans the irrevocable right and permission to photograph, record, and/or video my participation in the Program. I authorize the use of such images or recordings for educational, promotional, marketing, and informational purposes, in any medium, without compensation.
I understand that I may notify instructors if I wish to opt out of being identifiable in media when reasonably possible; however, I acknowledge that group or wide-angle recordings may still include my image.
14. Dispute Resolution – Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement or participation in the Program shall be resolved exclusively through binding arbitration administered in accordance with the rules of the American Arbitration Association (or similar arbitration body) in the State of Utah.
The arbitration shall take place in Utah, shall be conducted on an individual basis only, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
15. Severability
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, such provision shall be modified or severed to the minimum extent necessary, and all remaining provisions shall continue in full force and effect.
16. Binding Agreement & Electronic Acceptance
I acknowledge that I have carefully read this entire Agreement and fully understand its contents. I understand that this is a legally binding contract and that I am giving up certain legal rights.
I agree that by purchasing, registering for, enrolling in, attending, or otherwise participating in the Program—whether online or in person—I am affirmatively accepting and agreeing to all terms set forth above. I understand that such purchase, registration, electronic acknowledgment, or attendance constitutes my legal signature and creates a binding agreement enforceable to the fullest extent permitted by law.
This Agreement shall be binding upon me and my heirs, executors, administrators, legal representatives, and assigns.