On this date, upon your agreement when booking a Quantum Energy Wellness Bed (“QEWB”) session, (“Effective Date”) the individual booking and/or attending the QEWB session, herein after referred to as “Participant” enters into this Liability Waiver and Covenant Not to Sue (“Waiver”) with Asheville Quantum Wholeness, LLC (“AQW’) and all members of AQW whose principal office is in Asheville, North Carolina (“Facility”), using the Property located at 1293 Hendersonville Road, Building A, Suite 22., Asheville, NC 28803 (the “Property”) (collectively referred to as the “Released Parties”). 

In consideration for the Released Parties allowing Participant to enter and use the Facility for the limited purpose of participating in the wellness sessions and use of the QEWB, Participant enters into this Waiver and agrees to the following: 

WAIVER OF NEGLIGENCE – BY ENTERING INTO THIS AGREEMENT YOU, PARTICIPANT AGREE TO WAIVE ANY AND ALL CLAIMS FOR NEGLIGENCE AGAINST THE RELEASED PARTIES THAT MAY ARISE IN THE COURSE OF THE ACTIVITIES CONTEMPLATED UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURIES SUSTAINED AND DAMAGES TO PERSONAL PROPERTY WHICH OCCUR DURING THE SESSIONS OR SERVICES COVERED BY THIS WAIVER, WHETHER SUCH LOSS OCCURS DURING OR FOLLOWING SAID SESSIONS OR SERVICES. 

Participant acknowledges that Released Parties have made no guarantees of any particular outcome of any wellness session or service and that Participant has not relied on any statement by the Released Parties to induce Participant into participating in any session or service. 

Participant hereby RELEASES the Released Parties from any and all liability for any damages or injury of any kind Participant may incur or suffer to Participant’s property in connection with entering the Facility for all purposes. 

Participant WAIVES any right to and covenants to never bring any cause of action against the Released Parties resulting from any event that results in any injury or damage to Participant or Participant’s property while on the Property against the Released Parties, their heirs, assigns, agents, officers, members, managers, employees, independent contractors, or insurance providers. 

Participant agrees that this Waiver binds Participant’s agents, employees, heirs, and assigns forever. 

Participant acknowledges that it accepts entry to the Property “AS IS” and that the Released Parties have no duty to inform Participant of any condition on the Property that may be a hazard to Participant and Participant’s property, including but not limited to uneven ground, domestic animals, structures, wet floors, wellness equipment, and machinery. 

Participant agrees to treat the Property with respect and shall not leave any trash on the Property, intentionally damage the Property, or act in a non-courteous manner to any staff or other guests. 

Participant understands that Participant’s access to the Property is limited to the areas necessary for entry and exit on and off the Property, travel to and from the designated session or service area, other designated areas, and only on the dates of Participant’s scheduled session or service. 

Participant agrees to INDEMNIFY AND HOLD HARMLESS the Released Parties from all claims of any kind resulting from Participant’s use of the Property whether such damage or injury leading to such claims stems from Participant’s or any third-party’s negligence, gross negligence, or intentional act. 

Participant agrees that this Waiver is governed by the laws of the State of North Carolina without regard to conflict of law principles. Venue for any dispute arising out of this Waiver shall be brought exclusively in the courts of Asheville, North Carolina, regardless of what jurisdiction in which the service or session is conducted.