Waiver and Liability Form

Please fill out the following form.

Acknowledgment of Risk

I understand and acknowledge that participation in activities involves inherent risks, dangers, and hazards that may result in serious personal injury or death.

YOU AGREE THAT HEALING QI OASIS’S TOTAL LIABILITY ON ANY WAIVER AND RELEASE OF LIABILITY

(347) 229-9140 healingqioasis@gmail.com healingqioasis.com 

IN CONSIDERATION OF the risk of injury that exists while participating in Healing Qi Oasis Massage and Bodywork   (Healing Qi Oasis Massage) (hereinafter the "Activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same; I HEARBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "Me", which terms shall also include "Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my patriation in the Activity; and I HEREBY release and forever discharge Healing Qi Oasis located at Healing Qi Oasis Location either on their commercial space or in clients home and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees") from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY, AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESES INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS BOTH KNOWN AND UNKNOWN TO ME OF MY PARTICIPATION IN THIS ACTIVITY. I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs. 347 229 9140 healingqioasis@gmail.com healingqioasis.com

I FURTHER ACKNOWLEDGE that Releasees’ are not responsible for errors, omissions, acts of failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Healing Qi Oasis to provide all emergency medical care deemednecessary, including but not limited to, first aid, CPR, the use of AED’s, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible f any cost incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity my involve a test of a person’s physical and mental limits and may carry with it the potential of death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able to properly trained, and I agree to abide by the decision of the Healing Qi Oasis official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE HEALING QI OASIS STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST HEALING QI OASIS FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of Healing Qi Oasis its agents and employees. I agree that this Release shall be governed for all purposes by New York Law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. 347 229 9140 healingqioasis@gmail.com healingqioasis.com

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties equal bargaining strength. Both Participant, and Healing Qi Oasis agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used to admitted of alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited

1. Assumption of the Risks   

1.1 Massages Therapeutic massage is not a substitute for medical treatment or medications. The massage therapist does not diagnose illnesses and injuries or prescribe medications. By signing this document and requesting to have a massage therapy at our spa, you certify that you have clearance from your physician to receive massage therapy and give your permission to receive it. You will inform your massage therapist in advance of any known risks, based on your physical or mental condition, and will update her or him if there are any changes. You understand there may be additional inherent risks associated with the specific massage therapy (you may choose from our menu that include, but are not limited to, superficial bruising, short-term muscle soreness, burns, and exacerbation of a known or undiscovered injury). There may be other risks not known to us or that are not reasonably foreseeable at this time. You understand that, because massage therapy work involves maintained touch and close physical proximity over an extended period of time, there may be an elevated risk of disease transmission, including COVID-19. It is your responsibility to inform the massage therapist of any discomfort in advance or that you may feel during the massage session, so that she or he may adjust accordingly. At any time, you or the massage therapist may terminate the session.   

You will not hold the therapist/bodyworkers/estheticians or HEALING QI OASIS responsible for any pain or discomfort you experience during or after the session.

1.2 Spa Activity and Facilities HEALING QI OASIS uses its reasonable efforts in order to provide a safe environment for all of our guests. However we are aware that each guest has a personal health history that may affect the full enjoyment of some spa activities. For example, it is not advisable to use the available spa facilities at HEALING QI OASIS, such as saunas and steam rooms, under certain medical conditions including pregnancy. Therefore, notwithstanding we provide general indications for each spa facility, we invite you to consult and to comply with the recommendations of your physician before visiting us. By signing this document and using the spa facilities, you acknowledge and accept the risks inherent in your use. You further certify that you have consulted with and have clearance from your physician to use the facilities. It is solely your responsibility to monitor your body/reactions, which includes the responsibility to safeguard any jewelry, piercings, clothing, hair or hair extensions, or other aesthetic adornments worn during your use of the facilities. You alone are responsible foryour health, safety, and well-being.   

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1.3 Use of the Lockers By using or storing any belongings in the lockers, you acknowledge and agree to the following: • The key or the code to use and access the locker is unique to you and you are not permitted to share it with others, unless in case of emergency and with the express permission of HEALING QI OASIS. It is your responsibility to safeguard the key or code during your visit. • Despite HEALING QI OASIS’s reasonable efforts, there always exists a risk of theft or damage to the items stored in the locker. • HEALING QI OASIS is not responsible for the theft, damage or destruction of any of the items stored in the locker or left anywhere else in the locker room. By using the lockers and the locker room, you do so at your own risk. • You agree to immediately notify HEALING QI OASIS of any theft, damage, destruction or other impairment of the items stored in the locker. • The locker room is a public space. HEALING QI OASIS does not guarantee that all users or visitors of the locker room are guests of the spa. • HEALING QI OASIS reserves the right to open the locker at any time and for any reason, including but not limited to, cases of emergency, abandoned lockers, or to assist a guest that has lost their key or forgotten their code.   

1.4 Use of Electronics, Including Cameras HEALING QI OASIS permits the use of personal electronics, including mobile phones with cameras, in the common areas of the facilities where people are clothed, including in public bathing attire. The use of camera or video equipment, including personal mobile smartphone devices, is not permitted in treatment rooms, showers, bathrooms, and other such areas where any guest may be in the nude.   

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Photography and/or video for commercial or other nonpersonal use, without prior approval from HEALING QI OASIS, is strictly prohibited in the spa, and will result in your removal from the spa. If you wish to take photos or videos for such purposes at our spa, please contact us by email to Sales@HealingQiOasis.com to discuss possible arrangements at least thirty days in advance of your visit.   

We respectfully request that you do not use your mobile phone in locations where any guest may be in the nude or while receiving treatment from a therapist.   

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The possession and use of flying drones are prohibited on or within the airspace of the spa. If you arrive at HEALING QI OASIS with a drone, it must remain turned off at all times. HEALING QI OASIS has placed cameras on walls or ceilings throughout the common areas of the facilities, excluding treatment rooms, showers, bathrooms, and other areas where any guest or employee may be in the nude. These cameras may record your voice, name, and/or likeness, which may be used by HEALING QI OASIS for any purpose and in any form, on any and all media whether now known or hereinafter devised, for a reasonable period of time. BY ENTERING THE SPA YOU ACCEPT TO BE SUBJECT TO THE FOREGOING.

1.5 Guest Requests • If you are dissatisfied with any service received at the HEALING QI OASIS Spa, or any other aspect of your visit, for any reason, you must notify a member of the HEALING QI OASIS Spa team before leaving the spa. This allows us to promptly investigate and address any issues or concerns. No refunds will be issued for complaints not raised to HEALING QI OASIS staff within twenty-four (24) hours of your visit. • HEALING QI OASIS is not responsible for the loss, theft, damage, destruction, or other impairment of any item that has been left anywhere within spa premises. If you lose an item, notify a staff member as soon as possible. 

2. Acknowledgement of the Rules Applicable to Massage Throughout the service, the massage therapist/Bodyworker will always use a drape, meaning a blanket and sheet, for your security and modesty. Genital massage or perineal massage is strictly prohibited. Any illicit or 2 sexual innuendos or advances will result in termination of the session and you will be liable for full payment of the session. To keep professional boundaries set by the law, the massage therapist does not fraternize with or date clients.   

3. Limitations of Liability YOU AGREE THAT HEALING QI OASIS’S TOTAL LIABILITY ON ANY AND ALL CAUSES OF ACTION OR CLAIMS FOR LOSSES OR DAMAGES UNDER ANY THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY PURCHASE MADE BY YOU, OR FROM THE PERFORMANCE OR BREACH OF THE AGREEMENT OR FROM THE PROVISION OR SALE OF ANY SERVICES OR GOODS PROVIDED TO YOU WILL BE LIMITED TO THE AMOUNTS PAID BY YOU TO HEALING QI OASIS FOR THE GOODS OR SERVICES AT ISSUE DURING THE PRIOR TWELVE (12) MONTH PERIOD PRECEDING THE DATE THAT YOUR CLAIM FOR LIABILITY ARISES HEREUNDER. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEALING QI OASIS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, HEIRS, ASSIGNS, SUPPLIERS, LICENSORS, AGENTS OR SUBCONTRACTORS OR OTHERS INVOLVED IN PROVIDING THE SPA SERVICES OR PRODUCTS (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES WHATSOEVER; (2) ANY DAMAGES, INJURY OR LOSS ARISING FROM OR IN ANY WAY RELATED TO THE USE, ACCESS, AND ENJOYMENT OF THE HEALING QI OASIS SPA OR PRODUCTS, OR ACTIONS BY ANY THIRD PARTIES INCLUDING OTHER CUSTOMERS, GUESTS OR CONTRACTORS WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, , OR OTHERWISE, AND WHETHER OR NOT THE COVERED PARTIES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE. FOR THE AVOIDANCE OF DOUBT, YOU HEREBY EXPRESSLY AGREE THAT THE CATEGORIES OF DAMAGES DESCRIBED HEREIN CONSTITUTE SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES WOULD BE CONSIDERED DIRECT DAMAGES UNDER ANY APPLICABLE LAW GOVERNING THE AGREEMENT. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Nothing in the Agreement removes or limits HEALING QI OASIS’s liability for intentional wrongdoing or gross negligence.  

4. GOVERNING LAW AND ARBITRATION   

4.1 Governing law. This Informed Consent, Release and Waiver of Liability, as well as the provisions of services and products by our spa, will be governed and interpreted pursuant to the laws of the State of New York, without reference to New York conflict of law rules. If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

4.2 Arbitration This provision is intended to be given the broadest interpretation and application to encompass all disputes or Claims arising out of or relating to your relationship with us, our products, our services, and any other interactions with us. If we are unsuccessful in resolving your Claim following 60 days after our receipt of your written notice by mail to HEALING QI OASIS LLC, 168 43A Basiley Bovulard, Suite 6, Jamacia NY, 11434  or by email to Sales@HealingQiOasis.comwith the subject “Dispute Notice”, any dispute or Claim arising out of or relating to your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take Claims to small claims court if they qualify for hearing by such a court. Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days by sending us a written notice by email to Sales@HealingQiOasis.com with the subject line: “Arbitration – OptOut Notice.” The process for opting out of this provision is available on our website at https://www.Healing Qi Oasis.com/en/terms-andconditions The arbitration of any dispute or Claim will be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Section. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this Section will supersede and govern over the AAA Rules. You and we agree that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. The place of arbitration shall be New York, New York and any in-person arbitration hearing will be held there. The arbitration will be conducted in the English language. An arbitrator may award any relief to either party that would be available in a court, including injunctive or declaratory relief. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand, and if your Claim is for less than $1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. Otherwise, we will each bear the fees and expense of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.  

4.3 Class Action Waiver In addition to the above, you and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action, except for actions for injunctive relief as described below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this arbitration section will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. 3 In agreement with the provisions above:  

I Fully understand and acknowledge that:

There are risks and dangers associated with certain spa facilities and massage services that could result in discomfort, pain or bodily injury.*

there may be social and economic losses and/or damages that could result from these risks and the dangers described above*

The risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.*

There may be other risks not known to the Releasees that are not reasonably foreseeable at this time.*

I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE HEALING QI OASIS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, HEIRS, ASSIGNS, SUPPLIERS, LICENSORS, AGENTS, SUBCONTRACTORS OR OTHERS INVOLVED IN PROVIDING ME SERVICES OR PRODUCTS (COLLECTIVELY, THE "RELEASEES") FROM ANY ALL LIABILITY TO THE UNDERSIGNED, INCLUDING MY PERSONAL REPRESENTATIVES, HEIRS, ASSIGNS, EXECUTORS AND NEXT OF KIN FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE/LOSS, INCLUDING, WITHOUT LIMITATION, THE USE OF THE LOCKERS OR ANY THEFT, DAMAGE OR DESTRUCTION OF ANY ITEMS LOCATED OR STORED THEREIN, OR WRONGFUL DEATH ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. 8.

I acknowledge and agree that the foregoing release and waiver is intended to be as broad and inclusive as is permitted by the law of the State of New York, which laws shall govern this release and waiver, and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 9. I agree that if, despite this release, I make a Claim against any of the Releasees in violation of this release and waiver, I will reimburse the Releasee for any money which she, he or it has paid to defend or resolve the claim, including attorneys' fees and costs, and hold she, he or it harmless.

I HAVE READ THIS INFORMED CONSENT, RELEASE AND WAIVER OF LIABILITY FULLY, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.