Waiver

All course registrants are required to sign this waiver to complete registration for a course. To start registering for a course, please click here.

RELEASE OF LIABILITY, EXPRESS ASSUMPTION OF RISK, AND AGREEMENT TO ARBITRATE

This agreement applies to my participation in the virtual cooking and nutrition programs (the “Program”) provided by Empowering Health, LLC, doing business as Medicine of Yum (the “Company”).  I understand that the Company will not permit me to participate in the Program without my agreeing to the waivers and releases set forth below.

ACCEPTANCE OF RISK:  I understand, acknowledge and agree to the following:

1. Neither the Company nor its officers, managers, members, directors, agents, employees or volunteers (“Company Parties”) are providing medical advice, practicing medicine, providing or prescribing medication, or otherwise acting as my physician in any capacity, and I do not have a physician-client relationship with any of the Company Parties, by virtue of my participation in the Program. I acknowledge that I am solely responsible for my own medical care and for consulting with my own medical professionals with respect to my health and my participation in the Program. I understand that the Program is being provided for information purposes only and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment.

2. Participation in the Program is at my own risk and carries certain elements of risk, including, but not limited, illness or injury, and it is not possible to specifically identify all risks inherent in such activities. I am voluntarily agreeing to participate in the Program with full knowledge of such risks, and I hereby agree to accept any and all such risks.

3. I must take responsibility for my own health and safety while participating in the Program. 

4. I agree to comply with any rules or guidelines provided by the Company  relating to participation in the Program.

RELEASE FROM LIABILITY AND INDEMNITY: As consideration for being permitted to participate in the Program, I hereby agree on behalf of myself and my heirs, successors, assigns, and legal representatives to release, indemnify and hold harmless the Company Parties from any and all liability, damages, claims, demands, investigations, suits, judgements, or actions (“Claims”) arising out of or in connection with my participation in the Program, or from any activity associated with my participation in the Program, including but not limited to Claims related to illness, personal injury, loss of life, property damage, or emotional distress. I understand, acknowledge, and agree that it is the intention of this release to exempt and relieve the Company Parties from liability for Claims however caused, including by negligence or other acts, to the fullest extent permitted by law. 

DISPUTE RESOLUTION: I agree that any dispute arising from or relating to the subject matter of this agreement shall be finally settled in Santa Barbara County, California. in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, I agree that the Company and I shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this agreement, the Company and I consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Barbara County, California, or the Central District of California.

OTHER: I expressly agree that my release is intended to be as broad and inclusive as permitted by the State of California and that this agreement shall be governed by and interpreted in accordance with the laws of the State of California.  I also agree that in the event that any clause or provision of this agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this agreement and the releases herein which shall continue to be enforceable.