Terms and Conditions
Waiver and Release of Liability
In agreeing to receive care, advice, and information provided by New Mom Guru LLC (“New Mom Guru”) I agree as follows:
I fully understand and acknowledge that my participation in any wellness program, while pregnant or immediately following a pregnancy, may increase the risk of injury to myself and, if applicable, to my unborn child. I agree that my participation in this program, whether as a group or on an individual basis, is at my own risk.
New Mom Guru has advised me to consult a physician before I undertake any wellness program. I represent to New Mom Guru that I have consulted with my physician regarding my participation. My physician has informed me of the risks that I may encounter and has given me permission to participate in this pre/post-natal wellness program. I understand that I would not be accepted in this program if participation was against my physician’s orders. I understand that no wellness program is without inherent risks and that, regardless of instruction provided within this Program, New Mom Guru cannot guarantee my personal safety. To the best of my knowledge and my physician’s knowledge, I am in good health and sufficient physical condition to participate in the program.
I fully understand and acknowledge that the level of my participation in the program must be determined by me, in consultation with my physician, and that New Mom Guru and the instructor are not responsible for my level of participation. I understand that though Dr. Ashley Plowman, PT, DPT, is a licensed physical therapist and that she and New Mom Guru, by making the wellness program available, are not undertaking any responsibility regarding my medical condition(s). I understand that my participation in any wellness program with Dr. Ashley Plowman, New Mom Guru, or any of it’s independent contractors does not qualify as physical therapy evaluation, assessment, or treatment and that the SMART program and PREP program are for general purposes only. If any medical condition should change, I will discontinue the program immediately and will immediately consult with my physician about continuing or resuming participation in this program.
I further understand and agree that New Mom Guru makes no warranties, express or implied, as to the effectiveness of the wellness program, whether I have any health limitation that would preclude my participation in the program, the results of such program, or any other warranty, condition, guaranty, or representation, whether written, or in electronic form, relating to the program.
I hereby release, indemnify, and hold harmless New Mom Guru, its respective directors, officers, parents, subsidiaries, affiliates, agents, and the instructors of any program I have chosen to attend, from any and all claims, demands, personal injuries, wrongful death, costs, or expenses (including attorney’s fees) arising from or relating in any way to my or my child’s participation in the pre/post-natal wellness program, including claims based on negligence of other participants of New Mom Guru, whether passive or active. This agreement applies not only to any and all physical injuries, but to any and all other claims.
I further agree that the services provided by New Mom Guru and it’s contractors, employees, and representatives, including but not limited to content, graphics, audio clips, visual clips, and written content contain proprietary information and material that is owned by New Mom Guru, and is protected by intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the services for personal, noncommercial uses in compliance with this agreement. No portion of the services may be reproduced in any form or by any means, except as expressly permitted by this agreement. You agree not to modify, rent, loan, sell, or distribute the services or content in any manner, and you shat not exploit the services in any manner not expressly authorized.
This agreement is intended to be broad and inclusive and shall be governed by and construed in accordance with the laws of Kentucky. Should any provision of this agreement be found invalid or void as against public policy by any court of competent jurisdiction, the remainder of this agreement shall remain in full force and effect. No other agreement exists between the parties and no representations, verbally or in writing, have been made except as stated herein.
I acknowledge and represent that I am 18 years of age or older. I have read this document in its entirety, understand its concepts, and agree to adhere to all its precepts. I agree that no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made.