Below is the text of the waiver form, and this is the link for your own copy. Make sure you read it, and sign it.
HOLD HARMLESS AGREEMENT
This HOLD HARMLESS AGREEMENT (the "Agreement") is made as of (the "Effective
Date") by and between Leckey Harrison And Raise Your Resilience (the "Indemnitee"),
located at 623 1st St., LANGLEY, 98260, and (the "Indemnifier"), located at , , . The
Indemnitee and Indemnifier may be referred to individually as the "Party", or collectively, the
"Parties".
RECITALS
WHEREAS, the Indemnifier desires to hold harmless and indemnify the Indemnitee from all
liabilities, losses, claims, judgments, suits, fines, penalties, demands or expenses that may
result from the indemnitee's participation in the activity defined in section 1.07; and
WHEREAS, Indemnitee desires indemnity against all liabilities, losses, claims, judgments,
suits, fines, penalties, demands or expenses that may result from the Indemnitee's participation
in the activity defined in section 1.07.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements set forth herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
SECTION 1: DEFINITIONS AND INTERPRETATIONS
1.01 Words in the singular shall include the plural and vice versa.
1.02 A reference to one gender shall include a reference to the other genders.
1.03 A reference to writing or written includes e-mail.
1.04 Any obligation in this Agreement on a Party not to do something includes an obligation
not to agree or allow that thing to be done.
1.05 Any phrase introduced by the terms "including", "include", "in particular "or any
similar expression shall be construed as illustrative and shall not limit the sense of the
words preceding those terms.
1.06 References to sections or clauses are to the sections or clauses of this Agreement.
1.07. "Activity" shall mean: participation in the Toolbox program or course.
SECTION 2: INDEMNIFICATION
2.01 Indemnification. To the fullest extent permitted by applicable law, the Indemnifier
will hold harmless and indemnify the Indemnitee against any and all claims and
actions arising out of Indemnitee's participation in the Activity, including, without
limitation, expenses, judgments, fines, settlements and other amounts actually and
reasonably incurred in connection with any liability, suit, action, loss, or damage
arising or resulting from the Indemnitee's participation in the Activity, subject to the
limits on indemnification described in section 2.02.
2.02 Exceptions. Indemnifier shall not hold harmless and indemnify Indemnitee under the
following circumstances:
(1) against a claim caused by the negligence or fault of the Indemnitee, its agent or
employee, or any third party under the control or supervision of the Indemnitee,
other than the Indemnifier or its agents, employees or contractors.
(2) in a civil action, where the Indemnitee did not act in good faith and in a
reasonable manner; and
(3) where the actions or conduct of the Indemnitee constituted willful misconduct
or the Indemnitee was knowingly fraudulent or deliberately dishonest.
2.03 Settlement and Consent. The Indemnitee will not settle any claim or action without
first obtaining the written consent of the Indemnifier. The Indemnifier or will not be
liable for any amounts paid in settlement of any claim or action where written consent
was not obtained.
2.04 Cooperation. Both Parties agree to cooperate in good faith and provide any and all
information necessary for the defense of any claim or action.
SECTION 3: MISCELLANEOUS
3.01 Representation on Authority of Parties/Signatories. Each Party signing this
Agreement represents and warrants that they are duly authorized and have legal
capacity to execute and deliver this Agreement. Each Party represents and warrants to
the other that the execution and delivery of the Agreement and the performance of such
Party's obligations hereunder have been duly authorized, and that this Agreement is a
valid and legal agreement binding on such Party and enforceable in accordance with its
terms.
3.02 Amendment. This Agreement may only be changed or supplemented by a written
amendment, signed by authorized representatives of each Party.
3.03 Waiver. The waiver of any breach or violation of any term or condition hereof shall
not affect the validity or enforceability of any other term or condition, nor shall it be
deemed a waiver of any subsequent breach or violation of the same term or condition.
No waiver of any right or remedy under this Agreement shall be effective unless made
in writing and executed by the Party so to be charged. The rights and remedies of the
Parties to this Agreement are cumulative and not alternative.
3.04 Entire Agreement. This Agreement constitutes the entire Agreement between the
Parties, replacing all other written and/or previous agreements.
3.05 Severability. The Parties acknowledge that this Agreement is reasonable, valid and
enforceable. However, if any term, covenant, condition or provision of this Agreement
is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is
the Parties' intent that such provision be changed in scope by the court only to the
extent deemed necessary by that court to render the provision reasonable and
enforceable and the remainder of the provisions of this Agreement will in no way be
affected, impaired or invalidated as a result.
3.06 Governing Laws. The validity, construction and performance of this Agreement shall
be governed and construed in accordance with the laws of Washington, without giving
effect to any form of conflict of law provisions thereof. The Federal and State courts
located in Washington shall have sole and exclusive jurisdiction over any disputes
arising under the terms of this Agreement.
3.07 Effect of Title and Headings. The title of the Agreement and the headings of its
Sections are included for convenience and shall not affect the meaning of the
Agreement or the Section.
3.08 Attorney's Fees. If any legal proceeding is brought for the enforcement of this
Agreement, or because of an alleged breach, default or misrepresentation in connection
with any provision of this Agreement or other dispute concerning this Agreement, the
successful or prevailing party shall be entitled to recover reasonable attorney's fees
incurred in connection with such legal proceeding. The term "prevailing party" shall
mean the party that is entitled to recover its costs in the proceeding under applicable
law, or the party designated as such by the court.
3.09 Successors and Assigns. This Agreement shall be binding upon and shall inure to the
benefit of the Parties, their respective successors and assigns.
3.10 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either Party by
reason of the authorship of this Agreement or any other rule of construction which
might otherwise apply.
3.11 Counterparts. This Agreement may be executed in counterparts. Facsimile signatures
are binding and are considered to be original signatures.
THE UNDERSIGNED HAVE READ, UNDERSTAND and ACCEPT THIS
AGREEMENT, and by signing this Agreement, all Parties agree to all of the aforementioned
terms, conditions and policies.
Leckey Harrison And Raise Your Resilience:
Leckey Harrison
____Leckey Harrison_________________________
(5/31/2024)
:
_________________________________________
(Date Signed)
Privacy Policy
Raise Your Resilience LLC (RYR) operates the site RaiseYourResilience.com to provide services including trauma healing, and post trauma growth.
Raise Your Resilience LLC is committed to protecting users' privacy and addressing potential privacy concerns. The following information has been posted to help you, the consumer, understand what private information we collect and how your information is used.
We collect the following personal information from our users: In the event of contact, we collect name and email, in becoming a client we collect name, email, billing address, payment/billing information, and unofficially, age, gender, birthday, and phone number.
You can always choose to provide less information. However, omitting some of this personal information may limit your ability to access all of the benefits of our website and services. For example, we will not be able to process transactions without payment information and a billing address, or ship goods without your name and mailing address.
We automatically collect data on how our users visit RaiseYourResilience.com, such as your IP address, location, browser, browser language, operating system, device identifiers, and cookies.
Our website currently uses cookies to enhance its functionality. You may disable cookies in your web browser, but this may limit your ability to access RaiseYourResilience.com
Raise Your Resilience LLC does not collect information from social media networks. In addition, we may collect demographic data when users interact with Raise Your Resilience LLC social media accounts.
Raise Your Resilience LLC does not gather any of your sensitive personal information, such as your social security number, driver's license number, race, ethnicity, religion, health metrics, political associations, or details on your criminal background. Sessions may reveal some of that information, but it stays in the session. Health metrics such as assessment scores are submitted voluntarily, and not used for any other purpose than to enhance the work between RYR and the client. We only use your personal information to help you utilize everything
Raise Your Resilience LLC has to offer. This includes the use of the website, the course and community page, and community calls clients choose to partake in.
We may store your personal information for an extended period of time, depending on how we need to use the information. For example, we'll keep your email address and name on file as long as you have an account with us. In addition, we may need to keep your billing information on file for an extended period of time to maintain our internal transaction records.
Some information is collected by third parties, such as the payment information via Stripe. Raise Your Resilience LLC also recommends using Mixed Emotions Card, so they may also require some information. They are independent of Raise Your Resilience.com
We do our best to keep your private information secure and safe. Most of your personal information is encrypted and is therefore protected from being accessed by outside users. However, data leaks and malicious attacks do happen. Please understand that while we do our best to protect your data, providing your personal information is at your own risk.
You can, of course, decline to disclosure your personal information to us. However, the failure to provide us with pertinent information may limit your ability to fully benefit from
Raise Your Resilience LLC and all of its offerings. Remember, we only ask for personal information that can help us fully provide our services to our customers.
If you have questions regarding this privacy policy, feel free to contact us at
leckey@RaiseYourResilience.com. A Raise Your Resilience LLC representative will respond to your privacy policy questions as soon as possible.
This privacy policy was last updated on 09/07/2024. If we adjust the privacy policy, we will email all account holders of this change and post the most recent update date here. Once posted, the new privacy policy shall be effective immediately.
Leckey Harrison, Owner/CEO of Raise Your resilience, LLC
09/07/2024