WAIVER AND RELEASE OF LIABILITY
This Waiver and Release of Liability is by and between BLUE PARACHUTE LLC (“Provider”) and Subscriber for online behavioral therapy lesson plans and videos, (“Activity”).
Subscriber acknowledges consents and agrees to the following:
1. Blue Parachute online lesson plans and videos are not intended to replace an evaluation, an assessment, and/or a treatment plan as prescribed by a certified licensed professional in behavior therapy.
2. Blue Parachute online lesson plans and videos do not constitute a cure for Autism Spectrum Disorder or any other developmental disability or medical diagnosis.
3. I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (collectively “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any and every kind arising out of my participation in the Activity; and
4. I HEREBY release and forever discharge Provider, its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any and all damages and/or injury that I or my child may suffer as a direct result of my participation in the aforementioned activity.
5. I FURTHER AGREE to indemnify, defend and hold harmless the Provider against any and all claims, suits or actions of any and every kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
6. THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Subscriber and Provider agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purpose for which it is entered into.
7. In the event that any provision contained within this Waiver and Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect.
8. This Waiver and Release of Liability shall be governed by and construed in accordance with the laws of the State of Illinois.
9. EACH PARTY IRREVOCABLY AGREES THAT ALL ACTIONS OR PROCEEDINGS IN ANY WAY ARISING OUT OF OR RELATED TO THE ACTIVITY WILL BE LITIGATED IN COURTS HAVING SITUS IN CHICAGO, ILLINOIS. EACH PARTY HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION OF ANY COURT LOCATED WITHIN CHICAGO, ILLINOIS, WAIVE PERSONAL SERVICE OF PROCESS AND AGREE THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE BY REGISTERED MAIL. IN THE EVENT OF DIVERSITY OF CITIZENSHIP, ANY PROCEEDING WILL BE LITIGATED IN THE FEDERAL DISTRICT COURT IN CHICAGO, ILLINOIS.
10. EACH PARTY (BY ACCEPTANCE HEREOF) KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING FROM PARTICIPATION IN THE ACTIVITY AND AGREES THAT ANY SUCH ACTION OR PROCEEDING WILL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. SUBSCRIBER AGREES THAT IT WILL NOT ASSERT ANY CLAIM AGAINST THE PROVIDER OR ANY OTHER PERSON ON ANY THEORY OF LIABILITY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.