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Liability waiver

In consideration for permitting the Participant named below (“Participant”) to participate in Magnolia House Patient Support classes and workshops (“Magnolia House”) with Tower Cancer Research Foundation (“TCRF”), the undersigned Participant, on behalf of his/her/theirs, executors, administrators and assigns, hereby agrees to the following terms and conditions (“Agreement”):

1. Voluntary Participation. I understand that my participation in Magnolia House is strictly voluntary. Participation is not required.

2. Description of Activities. From time to time, TCRF offers the following activities for participants in person and/or via online:

A. Educational Support Programs: Participants learn mind and body tools to help ease stress associated with a cancer diagnosis and the challenges that may arise after treatment. Classes may include meditation and hypnotherapy, GRACE, Sound Healing, Tibetan Bowl Sound Meditation, Vitalize and Harmonize, and Men’s Cancer Support Breakfasts.

B. Fitness: Participants can engage in a variety of classes to improve physical health and wellness. Classes may include yoga, mat Pilates, belly dancing classes, bootcamp (high-intensity strength and endurance training), and step aerobics. Participants may use weights, chairs, music, or other props to support the exercises. Fitness classes help participants increase body awareness and improve flexibility and muscular function.

C. Art Classes: Participants use a variety of media including drawing, painting, and collage to express themselves with the help of an art therapist to assist with emotional, physical healing, and growth.

D. Nutritional Workshops: Participants learn about nutritional habits that can improve digestion and the immune system.

E. Mental Health Therapy: Participants can work with a trained therapist to explore feelings, beliefs, and behaviors using mindfulness-based cognitive therapy.

F. Skincare and Massage: Participants can engage in a variety of classes to support physical healing and diminish the side effects of cancer therapy. Classes may include Emotional Freedom Technique (EFT) (using fingertips to tap on acupuncture meridians on the body), oncology massage (30-minute private massage sessions), Oncology Skincare Treatments (therapeutic and customized facial therapy treatments), and Reiki (using the palms of hands to touch lightly to transfer “universal energy.”)

2. Assumption of Risk. I understand and acknowledge that there are certain risks inherent in my participation in Magnolia House. I understand that these risks include, but are not limited to: (1) minor injuries such as scratches, bruises, and sprains, (2) allergic reactions to ingested or topical products or food, (2) emotional trauma, (3) major injuries such as eye injury or loss of sight, joint or back injuries, loss of hearing, injuries to internal organs, joints, ligaments, muscles or tendons, fractures, and concussions to (4) catastrophic injuries including paralysis, brain damage, permanent disability and death. I understand that these

injuries or outcomes may arise from my or other’s actions, inaction or negligence, conditions related to travel, the condition of the Magnolia House location(s), including the surrounding conditions relating to my remote or on-line participation. Nonetheless, I acknowledge and expressly assume all risks and dangers associated with Magnolia House (including travel to, from and during Magnolia House), whether described above, known or unknown, and inherent or otherwise. I take full responsibility for any injury or loss, including death, which I may suffer, arising in whole or in part from my participation in Magnolia House.

3. Disclaimer. TCRF strongly recommends that you consult your physician before participating in Magnolia House. TCRF is not providing medical care, diagnosis or treatment. TCRF instructors are not medical health practitioners or mental health providers, but rather serve as coaches and mentors. You should not rely on Magnolia House as a substitution for professional medical advice, diagnosis, or treatment. TCRF makes no guarantee or assurance concerning the level of results from Magnolia House. Results of Magnolia House may vary for each individual depending on many variables. If you have any concerns or questions about your health or your participation in Magnolia House, consult with a physician or other health-care professional.

4. Voluntary Release. I voluntarily release, discharge, waive and relinquish all claims against TCRF, its officers, trustees, directors, employees, volunteers, insurers, agents and representatives (collectively “the Released Parties”) from any and all claims, demands, actions, suits, procedures, costs (including attorneys’ fees), expenses, damages and liabilities (“Claims”) resulting from the Released Parties ordinary negligence that arise out of, or relate to, my participation in Magnolia House, including but not limited to, claims for bodily injury, personal injury, emotional distress, property damage or wrongful death. It is the intent of this Agreement to relieve the Released Parties from negligence to the greatest extent permitted by law.

5. Participant Responsibility. I recognize and agree that I am responsible for minimizing risk through responsible behavior. This includes adherence to Magnolia House rules and directions from instructors and staff. I acknowledge that, even if I follow all directions, instructions, and rules and exercises utmost personal care, a certain irreducible inherent risk in Magnolia House shall remain, and I hereby accept that risk. I also recognize and agree that I am responsible for the physical environment from which I engage in online classes from Magnolia House. I will ensure I have the appropriate space and tools as well as a safe environment to participate.

6. Indemnification/Hold Harmless. To the fullest extent provided by law, I agree to defend and indemnify the Released Parties against, and agree to hold them harmless from, any and all Claims arising out of my actions during or in connection with my participation in Magnolia House.

7. Release from Third-Party Liability: I understand TCRF is not an agent of, and has no responsibility for, any third party, including without limitation any instructor, sponsor, or entity that may provide any services, hospitality, public and/or private transportation, equipment, training or activities associated with Magnolia House. I hereby release and relieve the Released Parties from any and all Claims arising out of such third party liability, events, acts, or omissions.

8. Authorization for Medical Treatment. I consent to any of the staff, employees, representatives, or instructors of Magnolia House administering or consenting to the administration of such emergency medical care to me as such person(s) deem appropriate under the circumstances. I understand that TCRF does not carry or maintain health, medical, or disability insurance coverage for me, and I therefore agree to assume the responsibility for such insurance coverage for myself. To the extent TCRF seeks emergency medical care on your behalf, you agree to assume complete financial responsibility for such care.

9. Entire Agreement. This Agreement constitutes a single, integrated contract expressing the entire Agreement of the parties with regard to the subject matter addressed in this Agreement: there are no other agreements, written or oral, express or implied, between the parties concerning the subject matter of this Agreement.

I agree that this release is intended to be as broad and inclusive as is permitted by the law in the State of California and that if any part of this release is deemed to be invalid, the remaining terms shall continue in full force and effect.


I agree to the Tower Cancer Research Foundation liability waiver

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