Welcome to Happy Hangout! Before participating in our health and wellness services, we ask you to take the time to thoroughly read, understand, and agree to this Waiver and Release of Liability (the “Waiver”). If you have any questions at all, please contact us before signing this so we can be sure to be on the same page.

The purpose of this Waiver is to help protect both you and us. For your benefit, we want to be crystal clear that health and wellness coaching comes with risks. Although these risks cannot always be predicted, we want to make you aware of some of the most common and most dangerous ones so that you can take proper precautions and make a more informed decision about whether our Services are right for you.

This Waiver also protects us from lawsuits because we cannot operate and help our clients if we have to be fearful of being sued, whether the claims are real, perceived, or frivolous. We do our best to provide the best information possible, but ultimately, your health choices are yours alone. For this reason, by signing or otherwise agreeing to this Waiver, you will be agreeing not to sue us for any reason, regardless of fault. You will also be bound to all other terms of the Waiver.

*If you are a minor in the State of Ohio or in your place of residence, your legal guardian must also read and sign this Waiver on your behalf.

 

 2. The Services. While with us at Happy Hangout, you may receive the following Encouraging and Empowering services and more (the “Services”):
2.1. Health Detective Coaching, Cancer Coaching, Raindrop Technique Sessions and Workshops.
2.2. The Services include all services we make available for online streaming and participation, all of our pre-recorded audio or visual material and courses and services that take place outside of Happy Hangout’s facilities, including outdoors or at your home.
2.3. The Services also include our recommendation or sale of products or third-party services. We may receive affiliate commissions from any such sales. If you have any questions about this, please consult our Privacy Policy or ask us directly.
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.

3. Qualifications. Happy Hangout and its operators, employees, and contractors may hold the following qualifications and professional certifications related to Happy Hangout: Certified Integrative Health Practitioner Level 1 and Level 2, Cancer Coach, Health Detective Coach, Licensed Minister, Trained in Raindrop Technique and Vitaflex Therapies, Certified Project Management Professional, Certified Government Contracting Contract Management, Certified Government Contracting Project Management, and Certified Lean Six Sigma Black Belt. Happy Hangout makes no representations to hold any other qualifications or representations outside of this.

 

 

4.1 Here is what we will be doing together: We provide health detective services and health/cancer coaching protocols. We will co-develop customized plans with you to teach muscle testing and other tools to help you listen to your body. We provide tools and resources of educational content to allow you to make the choices that will best impact your body. We also provide recommendations on supplements, products, and wellness protocols and if necessary, we will refer you to other healthcare professionals.

 

4.2 Here is what we will not be doing together: We do not provide medical advice, diagnose, treat, prevent, prescribe, or cure any diseases or illnesses. We are not licensed medical professionals.

 

5. Inherent Risks. You understand that receiving 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.
5.1. Risks from diet change, supplements, and detoxes. Whenever you put something new into your body, there is a risk. Here, we list some relatively common and some uncommon but very serious inherent risks.

5.1.1 Relatively Common Risks. While many people have no side effects at all when changing their diet, taking new supplements, or detoxing, other people do. Some relatively common risks and side effects include headaches, diarrhea, loose stool, stomach/gut pain or inflammation, vomiting, exhaustion, sleep issues, and over-supplementation or improper supplementation of nutrients.

5.1.2 Allergies. You may have a previously unknown allergy to a new food or supplement. Specific symptoms and side effects of allergic  reactions can be unpredictable and can range from mild discomfort and nausea, to fever and rash, to hospitalization and death. It is simply impossible to list every risk of an allergic reaction. Therefore, if you have strong allergic reactions, please be aware of the ingredients of anything we recommend and consult your doctor or other medical professional as necessary.

5.1.3 Pre-existing Medical Conditions. As with allergies, we cannot list every possible medical condition and the associated risks. However, if you have any liver or kidney conditions or diseases, type 1 diabetes, or if you are pregnant or breastfeeding, we do not recommend detoxing and suggest you be very careful about diet changes or starting new supplements. Additionally, if you have had a stroke, heart or circulation issues, gallbladder problems (or removal), blood clots, or have had your stomach stapled, you should be extra cautious and consider talking to your doctor before commencing any change in your diet, supplements, or detoxing.
5.1.4. Interaction with Pharmaceuticals. If you are taking pharmaceuticals, you should be aware that they can be counteracted, enhanced, or otherwise affected by the food and supplements you take. Some particular pharmaceuticals of concern include blood thinners, blood pressure medication, and heart medications, but there are many more. If you are uncertain about how any food or supplement will interact with a
pharmaceutical you are taking, we suggest that you discuss this with your pharmacist or doctor beforehand.

5.2. Risks from Physical Exercise. While physical exercise is an important part of your overall health, it is important to know your own body and not push yourself too far, too fast. Some common risks associated with physical exercise may include soreness, muscle tears and strains, sprained ligaments, bruises and broken bones (from falling), dizziness and fainting, and nerve injury. While very uncommon, it is possible for someone pushing themselves too far to have a heart attack or other serious ailment. Please be careful and listen to your body.

5.3. Life Coaching. Life coaching can touch many areas of your life, including mental health, career, family, friendships, and more. In the course of receiving life 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.

5.4. Business Coaching. We do our best to give you the best business coaching possible so you can reach the next level of success. That said, every decision comes with risk, and sometimes things do not work out as planned. Ultimately, your business decisions are solely your  responsibility. By signing this Waiver, you accept responsibility for any outcomes, and you agree that Happy Hangout is not responsible for any loss of income to your business or any other negative consequences that may result from any changes to your business that you choose to implement during or after receiving the Services.

5.5. 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

6. Affirmation of Health. By agreeing to receive the Services, you agree that you are healthy enough to receive them. If you are unsure, you affirm that you have sought medical advice and consulted with your primary care physician to determine that these are the right treatments for you and do not pose a significantly increased risk to your health. If you have any pre- existing medical conditions, physical injuries, or weakness or are pregnant or post-natal, you should consult with your doctor first before engaging with the Services.

7. Ownership of Materials. Happy Hangout and its staff may share information and materials such as videos, audio, and written materials with the Online Community. Unless otherwise noted, all materials shared by Happy Hangout and its staff are Happy Hangout’s sole property, and Happy Hangout retains all intellectual property rights to the material it shares. Unless Happy Hangout otherwise agrees in writing, you may not distribute or use any of Happy Hangout’s materials outside of the Online Community.

 7.1 Recommended Products and Services. From time to time, Happy Hangout may recommend third-party products or services to the Online Community. When we do this, it is because we truly believe our Online Community will benefit from hearing about that product or service. Please also assume that for any product or service we recommend, Happy Hangout receives a small commission. (When this happens, the commission comes from the company selling the product or service recommended, not from you).

You fully understand that Happy Hangout is not a licensed medical or healthcare professional and that the Services and any information, consultation or facilitation provided by Happy Hangout does not constitute medical treatment or advice. You acknowledge and agree that your use of any dietary, lifestyle or wellness recommendations or information is completely voluntary, and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by Happy Hangout is not designed to diagnose, cure or prevent any disease, pain, deformity, injury, or mental or physical condition of any kind. You hereby agree to this waiver and release us freely and voluntarily. You affirm you have had the opportunity to discuss this Agreement with your own independent legal counsel prior to agreeing to it. You acknowledge that Happy Hangout would not otherwise offer the Services if not for this waiver and release agreement.

8.1 No Guarantees. Happy Hangout does not guarantee that your participation in the Online Community will lead to any desired result. Each and every one of us is different. Any recommendations or advice given by Happy Hangout, its affiliates, or other Online Community Members are for the benefit of the group but may not apply to each individual equally. You are the only one who can decide if any recommendation is right for you, and you agree that you will take full responsibility for your health decisions.

8.2 Confidentiality. As previously mentioned, it is essential that all personal and private information shared by members of the Online Community is kept confidential. Happy Hangout will also keep such information private, except for in the following scenarios: 

 

9. Voluntary Assumption of Risk. 

You have read this Waiver and understand the risks of receiving the Services provided by Happy Hangout. By signing, electronic signing, or clicking “I Agree” (or something similar), you are confirming your voluntary engagement and assumption of the risks of the Services.

 

You hereby release, hold harmless, indemnify and waive any claims against Amber Scott LLC and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, landlords, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with, your participation in the Services with Happy Hangout, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, illness, or any cause of action related to premises liability. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which 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 a legal action on your behalf in the future.

10.1. It is common practice for naturopaths, nutritionists, and other non-licensed practitioners to collect your signature on a liability waiver form such as this. By doing so you acknowledge that it is your responsibility to deliver all laboratory test results, now and in the future, to your own physician for any medical interpretation or opinion regarding any laboratory results provided by Amber Scott or her affiliates. The undersigned agrees that he or she will receive a nutritional interpretation of the test results from Amber Scott / Happy Hangout that is to be used exclusively by the undersigned as an educational tool for personal health purposes. However, the personal physician of the undersigned may use these same laboratory results to diagnose and treat disease. The information on Happy Hangout or Amber Scott’s web sites, brochures, flyers, emails, and information packets are believed to be extremely accurate, but such accuracy cannot be guaranteed by Amber Scott, her independent representatives, associates and affiliates as we are not the originators of the underlying data used in the interpretation. The undersigned releases Amber Scott from any liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement and lifestyle suggestions provided. Before making any changes to the exercise, diet or nutritional or hormonal supplementation of the undersigned, a physician should be consulted.

10.2. Amber Scott does not diagnose, cure or treat any illness or disease. Out of reference laboratory reference range results will be indicated on the official lab result form provided from a State Certified Laboratory to the undersigned. This information is not intended to, cannot, and should not be expected to substitute for a personal consultation with your own physician. Further, the undersigned releases Amber Scott, her lab partners, her independent representatives, associates and affiliates from any and all liability for any failure to identify any medical condition or disease. It is understood and agreed that this is not the purpose of their services.

11. Continued Agreement. 

Agreement to this Waiver will act as your continued agreement to all ensuing treatments, workshops and Services, whether in person (inside or outside), 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 Ohio 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.

 

This Agreement will be governed exclusively by the laws of the State of Ohio. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Ohio. 

Severability. If any terms or provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect.

Entire Agreement. This Agreement constitutes the entire agreement between the parties and replaces any prior agreements.

Online Agreement. The parties agree that this Agreement may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as signing by hand. 

Thank you kindly for reading the Online Waiver & Release of Liability terms. We look forward to you joining the group!

Download a copy of this Agreement for your records HERE!

We’re so excited to have you join our community here at Happy Hangout! As a member of our community, you will be given access to a great deal of information about Happy Hangout. The purpose of this Non-Disclosure and Non-Compete Agreement (the “Agreement”) is to clearly set out our expectations surrounding your knowledge and use of this information. We can only share our information with you if you sign this Agreement. Please let us know if you have any questions! 

 

1. Parties. This Agreement is made between Amber Scott LLC, a Limited Liability Company, dba Happy Hangout Ohio, based in the State of Ohio  (“Happy Hangout,” “we,” “us,” or “our”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”). 

 

2. Confidential Information. In working with Happy Hangout, you may be provided with access to information about Happy Hangout, including but not limited to information about our clients, planned programs, strategies, meetings, client relationships, partnerships, potential partnerships, courses, protocols, financials, workshops, masterminds, health coaching templates and programs, career coaching templates and programs, and other information and trade secrets which are not in the public domain (the “Confidential Information”).  

 

3. Termination. Upon termination of our working relationship, you shall immediately return all property, documents, money, materials, equipment, or other Confidential Information as defined below, belonging to Happy Hangout or our clients. The non-disclosure provisions of this Agreement shall survive any termination of this Agreement. That means your duty to hold Confidential Information in confidence continues until it no longer qualifies as a trade secret or until we send you a written notice releasing you from this Agreement, whichever occurs first.

 

4. Use of Confidential Information. You acknowledge that the Confidential Information is highly confidential and owned and controlled by Happy Hangout and that significant losses, costs and damages could result to Happy Hangout if any of the Confidential Information is disclosed to any other person or used for any reason without explicit written consent from Amber Scott. By signing this Agreement, you understand and agree that you may only review and make use of the Confidential Information for the purposes necessary to complete your work with or for Happy Hangout, with the knowledge and permission of Happy Hangout and for no other purposes. You further understand, accept and agree that your access to and use of the Confidential information does not give you any ownership rights in this information and that your access to and use of this information is limited to the period of time in which you are working with or for Happy Hangout.

 

5. Permission Withdrawn Upon End of Working Relationship. You understand and agree that your access to and use of the Confidential Information shall stop immediately once you stop working with Happy Hangout. If and when your work with Happy Hangout comes to an end, you agree to immediately return or destroy any and all Confidential Information that you may have stored on a personal electronic device or in hard copy. 

 

6. Non-Disclosure of Confidential Information. The Confidential Information shall not be shared with any third party, in any capacity whatsoever, without the explicit written consent of Amber Scott. You hereby agree not to disclose any of the Confidential Information to any third party unless obligated to do so by law before, during and after you work with Happy Hangout. 

 

7. Notice of Breach and Agreement to Help Remedy. You agree to notify Happy Hangout immediately if you disclose or suspect any unauthorized use or disclosure of Confidential Information. You agree to cooperate with any and all efforts to help us regain possession of Confidential Information and prevent its further unauthorized use.

 

8. Intellectual Property Ownership. You agree that any work that you complete for Happy Hangout is the property of Happy Hangout, unless agreed otherwise, and shall not be shared with any third party for any reason without the express written consent of Amber Scott. You agree that Happy Hangout retains all rights, title and interest, in perpetuity, to all of its intellectual property, including but not limited to all of its work, ideas, inventions, discoveries, tools, methodologies, processes, techniques, trade secrets, trademarks, patents, and copyrightable content, such as video and audio recordings. None of Happy Hangout’s intellectual property may be copied, reformatted, repurposed or redistributed in its original or modified form without the written consent of Happy Hangout.

 

9. Non-Competition Clause. You understand in working with or for Happy Hangout and having access to Confidential Information, you agree not to compete directly with Happy Hangout or open your own business specifically in the health coaching industry within a 50-mile radius during the term of this Agreement and for six months after its termination. You are, however, permitted to work in a substantially different capacity or for other businesses that are not direct competitors of Happy Hangout as long as there is no risk of compromising our Confidential Information.

 

10. Non-Solicitation. You understand that we have worked very hard to build up our business and online presence, and as such, you shall not solicit any business from Happy Hangout’s clients with whom you had contact, access to or knowledge of through us or use our connections for any other similar professional service during the term of this Agreement and for six months after its termination. This means that you will not use any of the Confidential Information for your own personal purposes or any purpose outside the growth of Happy Hangout’s business or your work with or for Happy Hangout. 

 

11. Breach and Damages. In the event of a breach of any of the provisions of this Agreement by you, you understand and agree that Happy Hangout will seek any and all necessary remedies available at law to return Happy Hangout to the position it was in before you breached the Agreement. This may include but is not limited to, court orders for an injunction or an award of damages against you. You accept and agree that you will pay for all of Happy Hangout’s legal costs in relation to any breach of this Agreement by you.
 
 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 Ohio 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. Standard Legal Things. Jurisdiction. This Agreement will be governed exclusively by the laws of the State of Ohio. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in this Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between you and Happy Hangout and replaces any prior agreements, promises, covenants, and representations. Waiver of Breach. The waiver by Happy Hangout of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Counterparts. This Agreement may be signed in any number of counterparts, each of which is an original, and all of which, taken together, constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree” (or something similar).

Made it. Let’s do this!