WAIVER AGREEMENT

Why You’re Reading This Document

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks associated with our services and have you release Healthiest Baby of any liability. Please be aware that if you do not agree to the terms of this waiver, you will not be able to benefit from Healthiest Baby’s services.

If you are a minor, your legal guardian must also read and agree to 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 AGREEMENT.

• Parties. We will refer to Cathryn Tobin, a sole proprietorship based in the Province of Ontario as “Healthiest Baby”, “us” or “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”.

• The Services. While with us at Healthiest Baby, you may receive parental guidance services and more (the “Services”).

• The Services also apply to any of the Services made available online, either recorded or streaming, including but not limited to any podcasts.

• Inherent Risks. You understand that receiving the Services may pose inherent risks to you or your child. Potential risks include but are not limited to:

• Worsening behavior of the child and any risks stemming from the child’s behavioral issues.

• Emotional, psychological and physiological changes, distress, disorientation related to changes in lifestyle, confronting difficult issues, personal challenges, and suppressed feelings or thoughts.

• Medical Disclaimer. You fully understand that Healthiest Baby is not acting as you or your child’s medical or healthcare professional and that the Services and any information, consultation or facilitation provided by Healthiest Baby does not constitute medical treatment or advice. You understand that this is NOT a doctor-patient relationship. This does not constitute professional advice, and there is no professional relationship created. You acknowledge and agree that your use or adoption of any dietary, lifestyle, parenting, or other 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 medical advice from you or your child’s medical or mental health professional. Neither Healthiest Baby, nor its representatives and associates (including but not limited to Cathryn Tobin), is engaging in rendering mental health advice, therapy or any other medical advice through its Services. You understand and agree that any Service rendered by Healthiest Baby is not designed to cure or prevent any disease, pain, deformity, injury, mental or physical condition of any kind. 

• Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by Healthiest Baby. By signing or clicking 'I Agree’, and by accepting the Services of Healthiest Baby, you are showing your voluntary engagement and assumption of the risks of the Services.   

• Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Cathryn Tobin and Healthiest Baby, 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 Healthiest Baby’s negligence, during the Services at Healthiest Baby. 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 undertaking of 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.   

• 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. 

• General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario. 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 are intended to be legally binding. Online Agreement. We agree that this Agreement 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 the Agreement.  

Thank you for taking the time to understand and agree to this Waiver!

Welcome! 

Why You’re Reading this Document

The following Service Agreement (the “Agreement”) will clearly communicate my expectations in working together. Please raise any questions you have before signing to make sure we are on the same page moving forward. Let’s do this!

In exchange for agreeing to work together with Healthiest Baby, you agree to be bound by the following conditions.

Contractual Terms

• Parties. This Agreement is made between Catheryn Tobin, a sole proprietorship based in the Province of Ontario (“Healthiest Baby”, “I”, “me”, and “my”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).

• My Commitment to You. I promise to provide you with parenting guidance courses (the “Services”).

• Term and Termination. The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and Healthiest Baby (the “Term”). 

• Cancellations and Refunds. Integrity and keeping your word are the cornerstones of all success. With that in mind, this is how I’ve drafted my cancellation and refund policy: 

• Refunds. We offer refunds on a case by case basis, as solely determined by Healthiest Baby.

• No Guarantees. Healthiest Baby cannot guarantee the success of the Services. I promise to provide you with the best parenting guidance I can give, but the success of the Services ultimately depends on your interactions with your child. As such, no guarantees can be made for any particular outcome from my Services.

• Ownership of Materials and Intellectual Property. All the content that I have provided to you, including but not limited to videos, documents and PDFs, are for your use only and are not to be re-distributed or re-used. Healthiest Baby also retain 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 Healthiest Baby’s intellectual property may be copied, reformatted, repurposed or redistributed, in its original or modified form.

• Medical Disclaimer. You fully understand that Healthiest Baby is not acting as you or your child’s medical or healthcare professional and that the Services and any information, consultation or facilitation provided by Healthiest Baby does not constitute medical treatment or advice. You understand that this is NOT a doctor patient relationship. 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 medical advice from you or your child’s medical or mental health professional. You understand and agree that any service rendered by Healthiest Baby is not designed to cure or prevent any disease, pain, deformity, injury, mental or physical condition of any kind. 

• Waiver. Before the Services can begin, you must sign my Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form (or click “I agree”) as well as this Agreement so that I can be absolutely sure you understand and agree to it.

• Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario.  Severability. If any 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. Waiver of Breach. The waiver by me 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. Notice. For the purpose of this Agreement, email will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. I agree that this Agreement may be signed electronically or agreed to by having You click “I Agree,” the effect of which will be the same as if I signed this Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of this Agreement.

Made it. Excited to do great things!

AGREED and ACCEPTED