It is Matriart LLC’s (“Matriart LLC”, “Matriart”, or “we” and variants thereof, and our affiliates, unless the context otherwise dictates) goal to create an environment that is welcoming, comfortable and safe for all of our classes, groups, and events that we host, including but not limited to parent-baby infant massage courses, walking groups, and support circles.

Please exercise personal responsibility when it comes to the health and wellbeing of you (referred to herein as “you” and variants thereof) and your child(ren) and/or other minor(s)/ward(s) (collectively referred to herein as your “child”). If at any point you are not comfortable with a discussion or activity during class or group offered by Matriart (otherwise known as the program), we ask you to make that known to the instructor and voluntarily remove yourself from the activity.

By checking the box below:

· On behalf of you and your child, you represent and warrant that you and your child:

(i)               are in good physical health and do not suffer from any medical conditions which would limit participation in the activities and programs offered by Matriart;

(ii)             no medical professional has advised you or your child not to participate in such activities and programs or activities or programs that are the same or substantially similar to such activities or programs; and

(iii)            you do not know of any other reason that you or your child should not participate in such programs and activities.

If any of the foregoing becomes untrue at any time during you or your child’s participation in such programs and activities, you agree to immediately notify us in writing and end your participation in such programs and activities.

· You understand it is your responsibility to consult with your OB-GYN and your physician or mental health professional or your child’s pediatrician and/or pediatric health care providers to be cleared for your participation in and attending Matriart offerings (including but not limited to: traveling to and from classes, sitting, participating in activities, and discussing topics pertaining to postpartum and parenthood in a group setting). You understand any risks associated with attending classes and agree to follow the guidance of Matriart instructors so that you can safely participate.

· You understand that the services, information, and content provided by Matriart should never replace or override the medical guidance provided by your own physician, OB-GYN, mental health professional, or doctor or other health care providers, your child’s pediatrician, pediatric health care providers, or 911 or any other emergency services. You hereby acknowledge that this group is not a substitute for proper mental health or medical attention but is to be utilized as an additional channel of support. ON BEHALF OF YOU AND YOUR CHILD, YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT: (I) THE USE OF MATRIART SERVICES IS AT YOUR OWN RISK AND YOU HEREBY ACCEPT AND ASSUME SUCH RISK AND (II) AND MATRIART SHALL NOT BE FOUND LIABLE FOR ANY DAMAGES, INJURIES, ALLERGIC REACTIONS, ILLNESSES, OR DEATHS THAT TAKE PLACE DURING OR AFTER YOUR OR YOUR CHILD’S PARTICIPATION.

· Without limiting the generality of the foregoing, you understand, acknowledge, agree that the services, information, and content provided by Matriart is designed for informational and educational purposes only. If you have any questions about you or your child’s health, you should always consult a physician or other medical professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from a medical professional because of something you may have read or heard from us or in connection with you or your child’s participation in our activities and programs. None of the services, information, or content provided by Matriart is intended to be, and must not be taken to be, the practice of medicine or the provision of medical or counseling care, including without limitation, psychiatry, psychology, psychotherapy, or providing medical treatment, instructions, diagnosis, prognosis, or advice. You acknowledge that developments in research may impact such services, information, or content and that no assurance can be or is given that such services, information, or content will include the most recent findings or developments.

You understand that Matriart will not have licensed medical professionals available on site during programs and is not obligated to provide any such medical care. In the case of an emergency, you understand it is your responsibility or the responsibility of the adult who is attending with your child (or your responsibility, if you are so attending) to find and procure proper medical care. You agree to take sole responsibility for any and all costs related to medical care that is administered by a third party to you or your child on or off of Matriart’s premises.

· You understand that while we ask all participants to keep personal information disclosed private, please note that HIPAA does not apply to our group educational services. The programs, activities, services, information, and content provided by Matriart are provided on an “as-is” and “as-available” basis, without any warranties of any kind, whether express or implied. Neither Matriart nor any person or entity associated with Matriart makes any warranty or representation with respect to the accuracy, reliability, or quality of the same. To the fullest extent permitted provided by law, Matriart hereby disclaims all warranties of any time, whether express or implied, statutory, or otherwise, including but not limited to, warranties of merchantability, title, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. In consideration for being permitted to participate in the program and for any and all of the activities that might be associated with the program, you, on behalf of yourself, your child, your spouse/domestic partner, and your and their heirs and assigns (collectively, the “releasing parties”), hereby forever expressly WAIVE, RELEASE, RELINQUISH, DISCHARGE, AND COVENANT NOT TO SUE, make a claim against, or otherwise prosecute or file any suit or legal action, and agree to indemnify and hold harmless Matriart, or any of its owners, managers, instructors, guest speakers, employees, contractors, agents, volunteers, representatives, and each of their respective successors and assigns (collectively, the “released parties”) from any claims demands, lawsuits, expenses or losses (including attorneys’ fees) whatsoever that could be brought by the releasing parties or any third party acting on their behalf related in any way to, or arising out of, the program or any programs, activities, services, information, or content provided by Matriart or otherwise resulting from or related to your participation or your child’s participation in the classes or groups offered by Matriart, including without limitation, any losses for property damage, personal injury, or death. You understand and acknowledge that you are fully responsible for any and all risks, liabilities, injuries, losses, expenses or damages incurred, known or unknown, which might occur as a result of your own and/or your child’s participation in any aforementioned activities. The foregoing does not apply to claims demands, lawsuits, expenses or losses to the extent they result from our gross negligence or willful misconduct. Matriart reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a releasing party and a releasing party shall not in any event settle any matter without Matriart’s written consent.

California Residents

If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Limitations of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY PROGRAMS, ACTIVITIES, SERVICES, INFORMATION, OR CONTENT PROVIDED BY MATRIART OR OTHERWISE RESULTING FROM OR RELATED TO YOUR PARTICIPATION OR YOUR CHILD’S PARTICIPATION IN THE PROGRAMS OFFERED BY MATRIART, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, , AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY CLAIMS OF INJURY, DEMANDS, LIABILITIES, DAMAGES, LOSSES, SUITS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHER CLAIMS OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, IN EXCESS OF THE AMOUNTS YOU PAID TO MATRIART (EXCLUDING ITS AFFILIATES) IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY OF THE FOREGOING, WHETHER ONE TIME OR IN THE AGGREGATE. The limitations of liability set out above do not apply to: (i) liability to the extent such liability results from our gross negligence or willful misconduct or (ii) any liability that cannot be excluded or limited under applicable law.

Governing Law and Jurisdiction

All matters relating to this Waiver, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, this Waiver shall be instituted solely and exclusively in the federal or state courts having jurisdiction in Orange County and the Middle District of North Carolina and the appellate courts thereof, although we retain the right to bring any suit, action, or proceeding against you for breach of this Waiver in your jurisdiction of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Matriart’s sole discretion, we may require you to submit any disputes arising from this Agreement including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, termination, or arbitrability, to final and binding arbitration under JAMS Expedited Rules applying North Carolina law.

Limitation on Time to File Claims

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU OR ANY RELEASING PARTY MAY HAVE ARISING OUT OF OR RELATING TO THIS WAIVER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES UNLESS OTHERWISE DICTATED BY NORTH CAROLINA STATUTE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS AND SHALL BE PERMANENTLY BARRED.

Waiver and Severability

No waiver by Matriart of any term or condition set out in this Waiver shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Matriart to assert a right or provision under this Waiver shall not constitute a waiver of such right or provision. If any provision of this Waiver is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Waiver will continue in full force and effect.

Entire Agreement

This Waiver constitutes the sole and entire agreement between you and Matriart regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Assignment

You may not assign this Waiver. We may freely assign this Waiver to any person, entity, or group.

Photo and Video Consent

At designated times, Matriart would like to capture photography and videography of participants in classes, groups and events that we host. At those times we will have a professional photographer or videographer present. Additionally, we may want to use the photos and/or videos for marketing materials including but not limited to social media, flyers, and our website. It is our position to make certain that both you and Matriart have the necessary rights and protections in place so you continue to benefit from your participation in Matriart classes and events. Please read the terms below and agree accordingly:

· You, on behalf of yourself, your spouse/domestic partner, and your child, hereby authorize Matriart to publish photographs or videos taken of you and your child and you and your child’s names and likenesses, for use in Matriart’s print, online, and video-based marketing materials, as well as other Matriart publications.

· You, on behalf of yourself, your spouse/domestic partner, and your child, hereby release and hold harmless the released parties from any reasonable expectation of privacy or confidentiality associated with the images and video specified above.

· You further acknowledge that you and your child’s participation is voluntary and that neither you nor your child will receive financial compensation of any type associated with the taking or publication of these photographs or in Matriart’s marketing materials or other publications. You acknowledge and agree that publication of said photographs and video confers no rights of ownership or royalties whatsoever.

· You, on behalf of yourself, your spouse/domestic partner, and your child, hereby release the released parties and any third parties involved in the creation or publication of marketing materials, from liability for any claims by the releasing parties or any third party on their behalf in connection with you or your child’s participation.

It is of the utmost importance to us that you feel welcome, comfortable and safe at all of our classes and events. We will always use our best discretion to respect your privacy. If there is ever a time that you are not comfortable if a photographer or videographer is present in class or at events, please make it known to the instructor.

If you do not want yourself or your child to be photographed/videoed and appear on social media, the Matriart website, or in Matriart marketing materials, please make the instructor aware and you will be documented within our “Do Not Photograph” list.

Sick Policy

The health and safety of our participants, parents, babies, instructors, guest speakers, and employees is our top priority at Matriart. We have adopted the following safety measures to provide a safe in-person experience. Please see the list of safety protocols & procedures below.

- If you or your child are experiencing any symptoms including, but not limited to runny nose, cough, sore throat, rash, fever, vomiting or diarrhea, we request you please stay home. All participants (children and adults) should be fever-free without use of medication for at least 24 hours prior to attending an in-person class or group.

- Matriart staff ensures that equipment is thoroughly and frequently cleaned and sanitized.

- Please practice proper respiratory hygiene by covering coughs and sneezes with your inner elbow.

- If your child has recently had Hand, Foot and Mouth Disease (“HFMD”), all sores must be dried and you must have clearance from your pediatrician’s office to mitigate the spread of HFMD.

- I agree to follow the AAP recommended vaccine schedule for my child. If I choose to delay or forgo vaccines, I will stop bringing my child to Matriart programming.

Nut-free Policy

To protect those who may be allergic, Matriart is a “peanut/nut-free zone.” Please do not bring in any food or snacks that contain peanuts, nuts, peanut butter, nut butters or peanut products. This includes almonds, filberts, Brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, pine nuts, pistachios and walnuts.

Registration & Refund Policy

I agree to Matriart's Registration and Refund Policy and all Terms and Conditions. Refunds depend on exceptional circumstances and the type of event, as outlined below.

- Walking groups are donation-based; no refunds are provided for missed or cancelled programs.

- [In-person] Infant Massage Courses: For any extreme circumstance, such as a medical event, extreme illness, or admission to the NICU, special consideration will be provided. Please email help@yourmatriart.com with any questions.

- [Online] Synchronous Support Circles and Courses: Full refunds, minus a processing fee, are provided with cancellations made five or more business days (excluding weekends and holidays) prior to the start of the course.

- Online Asynchronous Courses: Because course materials are accessible in their entirety after purchase, no refunds are provided for online asynchronous courses.