Healing Daruma’s Qigong Waiver Agreement

This waiver is effective as of April 17, 2025 and was last updated on April 17, 2025.

QIGONG WAIVER AGREEMENT

We are excited to practice qigong together. The purpose of this waiver of liability (the “Waiver”) is to openly communicate the risks of practicing qigong and mindfulness together, either in person or online, and have you release Healing Daruma of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, you will not be permitted to participate in any activity.

If you are under the Age of Majority in the State of Tennessee (18 years old), your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS, YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS, AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

1. Parties. We will refer to Healing Daruma LLC, a Limited Liability Company based in the State of Tennessee, as “Healing Daruma”, “us”, “we”, or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.

2. The Services. You are going to be participating in classes, workshops, sessions, retreats, events, and intuitive coaching with us either online or in person or both. We are so excited to provide all levels of qigong classes, all of which may involve but are not limited to the following (“Services”):

2.1. Stretching, gentle flowing movements and flexibility training in the form of poses, body weight and strength exercises, breath work, meditation, and relaxation.

2.2. The Services may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments. If you experience any pain or discomfort, you will listen to your body, adjust your body, and ask for support from the instructor if you need assistance.

2.3. The Services may include modalities such as medical qigong therapy, integrated energy therapy®, reiki to support stress reduction and relief of muscular tension.

2.4. Please note that this list may not be comprehensive. Health and wellness coaching is an evolving field where practitioners are continually learning new and improved techniques and modalities. Therefore, this Waiver will apply fully even if you receive a Service not explicitly listed here.

2.5. The Services also apply to any classes made available for online streaming and participation, both live or recorded, or that take place outside of Healing Daruma, including outdoors or in your home. We need you to acknowledge that you are responsible for the safe facilitation of the Services happening outside of Healing Daruma.

3. Equipment. In the course of the Services, you will use a variety of equipment, which may include but is not limited to yoga blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, chairs, blankets, massage balls, qigong ball, Taiji ball, longevity sticks, and Acupuncture points massager (the “Equipment”). Please do not use any equipment not instructed by Healing Daruma. You understand that we will do everything to reasonably maintain the equipment, it is possible that the equipment may break or fail, and the risks of any such failure may result in the risks outlined below.


3.1. Please note that we may add new and different Equipment in the future in providing Services that will be of a similar nature as the Equipment listed above. You accept the risk of any future and similar related Equipment you may use in the future to participate in the Services.

4. Inherent Risks. You understand that participation in the Services may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries that could change your quality of life, your ability to earn an income and, in very rare and extreme circumstances, could even result in death.

4.1. Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and hearing loss.

4.2. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.

4.3. Additional risks of Services for pregnant or post-natal women to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery, and postpartum complications.

4.4. Additional risks are posed by participating in the Services online, as there is no in-person supervision or space provided for you, and you will therefore need to ensure the safety of the Services, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.

4.5. Other risks posed for Services performed outdoors, such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants, and other environmental factors. You understand and agree it is your responsibility to ensure a safe space and environment to perform the Services.

5. Intuitive Coaching. Intuitive coaching can touch many areas of your life, including mental health, career, family, friendships, and more. In the course of receiving intuitive coaching services, you may begin changing your life in many ways. For example, you may confront difficult issues and realize suppressed thoughts or feelings. There is a risk this could lead to distress, depression, anxiety, and other mental health concerns as you work on yourself. You may also experience changes to your relationships, both positive and negative, as you reevaluate your personal interactions. Additionally, you may make changes associated with your career, which could lead to a loss in income. Although we provide you with the best information and support we can, there is a risk that your changes result in short or long term negative effects.

5.1. You understand that the coaching relationship is in no way to be construed as psychological counseling or psychotherapy. In the event that you feel the need for professional counseling, it is your responsibility to seek a licensed professional. Coaching results are not guaranteed. You are entering into coaching with the understanding that you are responsible for creating your own results. You have chosen to work with Brendan Berger for coaching and understand that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals. You understand that the role of the coach is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, Brendan Berger is a mentor and guide who will help clients reach their own health goals by helping each client devise and implement positive, sustainable lifestyle changes. You understand that the coach is not acting in the capacity of a doctor, licensed dietitian-nutritionist, psychologist, lawyer or other licensed or registered professional, and that any advice given by the coach is not meant to take the place of advice by these professionals. If you are under the care of a healthcare professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your doctor before using them.

6. Group Coaching. The risks we discuss above may be enhanced when receiving coaching in a group setting. Every body, mind and soul is different. Solutions that benefit most people may have the opposite effect for you.

7. Affirmation of Health. By participating in any Services with Healing Daruma, you affirm that you have sought medical advice regarding your physical abilities and you are certain you are healthy enough to practice qigong with us. If you have any pre-existing medical conditions (e.g., asthma, diabetes, heart disease, cancer diagnosis), physical injuries, weakness, or are pregnant, post-natal, or post-surgery, you should consult with your doctor first before engaging in the Services. It is your responsibility to inform the instructor before the Service begins of any medical conditions, physical limitations, and health concerns that may impact participation. For in-person Services, please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services.


8. Alcohol and Prohibited Substances. You are strictly forbidden from participating in the Services while under the influence of alcohol or any other substances that may alter your perception or ability to be present and focused.

9. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Services with Healing Daruma. Your signature below, electronic signature or clicking 'I Agree’, and your participation in the Services with Healing Daruma illustrates your voluntary engagement and assumption of the risks of the Services.

10. Release, Waiver, and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Healing Daruma LLC, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members, and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Healing Daruma’s negligence, during your participation in the Services with Healing Daruma. You are releasing the Released Parties at your own risk, and you agree to forfeit any and all forms of legal recourse that may be available to you, including but not limited to any form of damages, as a result of your participation in the Services. You agree that this provision applies to you, your family, heirs, executors, or anyone else who may be able to bring legal action on your behalf in the future.

11. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing Services, classes, sessions, events, workshops, and more, whether in person, on the phone, online, or via video conferencing tool.

12. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Tennessee or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

13. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Tennessee. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Tennessee. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings is intended to be legally binding. Online Agreement. We agree that this Waiver may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver.

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.

Name of Client:

Signature of Client:

Date:

Signature of parent or guardian if the participant is a minor

Signature: