ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, COVENANT NOT TO SUE, INDEMNIFICATION, AND ARBITRATION AGREEMENT

WARNING: Please read carefully as this Agreement includes an ASSUMPTION OF RISK, WAIVER OF LIABILITY DEFENSE AND INDEMNIFICATION, and ARBITRATION AGREEMENT which deprives you, Other Members, Guests and those whom you register on behalf of the right to sue Choice Wellness and other parties, including for negligence.

I certify that I am authorized to enter into this Assumption of Risk, Waiver and Release of Liability, Covenant not to Sue, Indemnification, and Arbitration Agreement ("Agreement") on my behalf and on behalf of my minor child(ren). In consideration for Choice Wellness LLC and its subsidiaries, affiliates, directors, owners, employees, representatives, volunteers and agents (collectively "Choice Wellness" and/or "The Choice Wellness") allowing me or my minor child(ren) to participate in the Event. I hereby agree to all of the terms and conditions in this Agreement, including the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, HEALTH AND SAFETY, ARBITRATION AGREEMENT provisions below.

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1. ASSUMPTION OF RISK. I understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the use of Choice Wellness's premises, facilities, equipment, services, activities or products.

a.) Use of Premises and Services. I understand that use of Choice Wellness's premises, facilities, equipment, services, activities or products ("Use of Choice Wellness Premises and Services") can include but is not limited to (1) use of indoor and outdoor leased commercial space, lobby, entryways, sidewalks, parking lots and any other facilities or equipment; (2) use of personal training services; group service classes (including choice soundbath, choice yoga, choice activation, choice meditation, etc); all other services added after 10/01/2021; kid's programs (including choice soundbath, choice yoga, choice activation, choice meditation, etc.) (3) use of services and participation in activities off Choice Wellness premises, including but not limited to outdoor soundbath(s), outdoor yoga, outdoor meditation, personal training, group "fitness", extraordinary events, educational programs, additional wellness programs, travel programs, and field trips; and (4) all other programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities, or benefits that are sponsored, endorsed or operated by Choice Wellness LLC ("Choice Wellness" and/or "The Choice Wellness") on or off its premises.

b.) Risks. I understand that the dangers, hazards, and risks of injury or damage in the Use of Choice Wellness Premises and Services ("Risks") may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including "slip and falls" and falls from use of bo staff activities, or fitness equipment; (2) medical conditions triggered by activities; (3) equipment failure, malfunction or misuse; (4) property or information theft, loss, misuse or damage, including from storage cubbies, vehicles, equipment, files or systems; and (5) other accidents or incidents that may result in injury or damage to me, Minor Member(s), Other Member(s), or Guest(s).

c.) Injuries. I understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property or other types of injuries or damages ("Injuries") to me, Minor Member(s), Other Member(s) or Guest(s), including but not limited to (1) death; (2) paralysis, seizures, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage

I understand that Risks and Injuries in the Use of Choice Wellness Premises and Services (collectively, "Risks of Injury") may be caused, in whole or in part, by the NEGLIGENCE OF CHOICE WELLNESS, me, Minor Member(s), Other Member(s), Guest(s) and/or other persons. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.

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2. WAIVER OF LIABILITY. On behalf of myself and my spouse/partner, children/Minor Members, Other Members, Guests, parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge Choice Wellness LLC, their direct and indirect subsidiaries and affiliates, and all of their employees, contractors, officers, directors, agents, representatives, sponsors, volunteers and any other entity or person acting for them and all of their successors and assigns (collectively, "Indemnified Parties") from, covenant and agree not to sue the Indemnified Parties for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively, "Claims") for any Injuries to me, Minor Member(s), Other Member(s), or Guest(s) in the Use of Choice Wellness Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF THE INDEMNIFIED PARTIES, me, any Minor Member(s), any Other Member(s), any Guest(s), and/or any other person and (collectively, "Negligence Claims"). 

a.) Negligence Claims. I understand that Negligence Claims include but are not limited to the Indemnified Parties' (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of Choice Wellness Premises and Services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure or storage of personal, sensitive or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).

b.) Choice Wellness's Fees and Costs. I specifically agree that, if I (on my own behalf or on behalf of another, including an estate) assert a Negligence Claim against the Indemnified Parties and/or breach my agreement not to sue the Indemnified Parties, I will pay all reasonable fees (including attorneys' fees), costs and expenses incurred by the Indemnified Parties ("Indemnified Parties' Fees and Costs") to defend (1) the Negligence Claim(s) and (2) all other Claims based on the same facts as the Negligence Claim(s).

3. DEFENSE AND INDEMNIFICATION. On behalf of myself and my spouse/partner, children/Minor Member(s), Other Member(s), Guest(s), parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I agree to defend, indemnify and hold the Indemnified Parties harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against the Indemnified Parties by any other person (including but not limited to any Other Member, any Guest, any other Choice Wellness member or guest, any family member who is not a Choice Wellness member, or any other person or entity) arising out of, resulting from, or caused by the Use of Choice Wellness Premises and Services by me, Minor Member(s), Other Member(s), or Guest(s). My agreement to defend the Indemnified Parties means that I will pay all of the Indemnified Parties' Fees and Costs incurred to defend the Claim from the date the Claim is asserted. My agreement to indemnify and hold the Indemnified Parties harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred by the Indemnified Parties to resolve the Claim.

4. IMAGE AND LIKENESS RELEASE. I understand that Choice Wellness LLC, InfinitePrana LLC, and each of its affiliates and subsidiaries (collectively, "Choice Wellness" and/or "The Choice Wellness") may stream, livestream, record, take photographs, make audio or video recordings, or take testimonial accounts that may contain the name, image, voice, likeness, persona or account of me or my Minor Members (collectively "Images") during the use of Choice Wellness's applications, websites, digital services, services, premises, facilities, equipment, activities or products, including, without limitation, group fitness and yoga classes, whether on or off Choice Wellness premises (collectively, "Use of Choice Wellness Premises and Services"). I hereby irrevocably consent to and grant Choice Wellness the non-exclusive, worldwide, perpetual, royalty-free, fully paid, transferable and otherwise unlimited right to use, copy, modify, distribute, display, publicly display, perform, publish, transmit, host, remove, retain, repurpose, reproduce, adapt, edit, modify, change, add, delete, rearrange, prepare derivative works of and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sublicensees) through any form of communication, in any manner, in any media formats and through any media channels, now known or hereafter developed, including, without limitation, streaming, livestreaming or on-demand, for any purpose whatsoever, commercial or otherwise, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Choice Wellness's use of the Images for commercial and promotional use, including, without limitation, on corporate or employee social media. I waive any right to inspect, approve, or edit such Images as used by Choice Wellness. I further understand and agree, without limiting this Image and Likeness Release, that my membership documents with Choice Wellness, whether General Terms Agreement, Member Usage Agreement and/or Digital Terms of Use, as well as the Guest and Company Policies and Terms of Use located on or referenced within Choice Wellness's official company website, which is currently thechoicewellness.com, apply to my Use of Choice Wellness  Premises and Services.

5. HEALTH AND SAFETY. I represent that I and my minor child(ren) are healthy enough to engage safely in the Event. I acknowledge that Choice Wellness does not and will not provide medical advice, although I consent to emergency care by Choice Wellness for me or my minor child(ren). I acknowledge that I am responsible for my own conduct, health and safety and that of my minor child(ren) and that Choice Wellness is not responsible for any medical expenses incurred by me or my minor child(ren) in connection with the Participation in the Event.

6. PARENT OR GUARDIAN AGREEMENT. If I am the parent or legal guardian of a minor child(ren), I acknowledge and represent to Choice Wellness that I have the right and authority to make decisions concerning the care, custody and control of each minor child, including but not limited to, the life right and authority to execute this Agreement on each minor child's behalf. By signing this Agreement, I am binding each of my minor child(ren) to its terms, including but not limited to the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, HEALTH AND SAFETY, and ARBITRATION AGREEMENT provisions.

7. SEVERABILITY. I agree that this Agreement, including specifically the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, HEALTH AND SAFETY, PARENT OR GUARDIAN AGREEMENT and ARBITRATION AGREEMENT provisions, is intended to be as broad and inclusive as permitted under applicable law. If a court declares any part of this Agreement unenforceable, invalid or void, that part alone shall be severed from this Agreement, and the entire remainder of the Agreement, including any partially enforceable provision, shall be fully binding and enforceable to the maximum extent permitted by applicable law.

8. OTHER PROVISIONS. I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended at any time by Choice Wellness upon such notice, if any, as may be required by law. If Choice Wellness fails to enforce any right in this Agreement for any reason, Choice Wellness does not waive its right to enforce it later.

9. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

a.) Mandatory Binding Individual Arbitration. Except as expressly provided below, Choice Wellness and I (each a "party" or, together, "us", "we" or "parties") agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) ("Claims") shall be exclusively resolved by binding arbitration on an individual basis, rather than in court ("Arbitration Agreement").

b.) Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.

c.) Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

d.) Claims Not Subject to Arbitration. There are only three exceptions to this Arbitration Agreement: 

i.) Small Claims. Either party may bring individual Claims in small claims court.

ii.) Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.

iii.) Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

e.) Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. 

i.) Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association ("AAA") or JAMS, which are both established alternative dispute resolution providers ("ADR Providers"). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.

ii.) Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) ("Arbitration Rules"). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.

iii.) Arbitration Location. The arbitration hearing will be held at the ADR Provider's location that is closest to the claimant's primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.)

iv.) Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

v.) Arbitrator's Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider's Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.

f.) Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.

g.) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

10. CHOICE WELLNESS EVENTS ("CW EVENTS") LIABILITY WAIVER & RELEASE AGREEMENT

a.) Premises. Choice Wellness LLC., "Paint N' Sip Event", offers art/painting instruction for both education and entertainment purposes. Each Paint N' Sip Event is a unique event.  We focus on completing two works of art in about 3+ hours while our participants enjoy socializing.​​ The example painting and lesson are used as a guides to follow and each person will be working on with their unique interpretation of the artwork.  The finish work will have its own style and beauty that may be quite different than the original. Participants are not required to copy exactly as shown and may diverge from the instructors lead.  The paint n' sip event is intended to be a fun evening out, not an academic course.​ We reserve the right to ask anyone to leave that may be abusive or belligerent with any Paint N' Sip Event staff, or other participants.

​​b.) Supplies. We take your safety seriously! We are staying current and up to date with mandates of safely handling any and all supplies we provide. Unless otherwise stated, Paint N' Sip Event supplies, such as paints, canvases, or select other items needed for the completion of the artwork will be provided. For all Paint N' Sip Event participants, Choice Wellness LLC recommends you wear aprons or painting attire, but will be held harmless for damages arising from paint as we expressly advise you to wear clothing that you may get paint on. ​We will make every effort to start each event on time and help each individual to complete their project.  ​

c.) Payment. Ticket purchases are billed at the time of purchase. We do require reservations with payment to secure seats, adequate shipping if supplies are provided, and to provide any additional instruction needed prior to class. 

​​d.) Cancellation. This is a live entertainment event. The Cancellation/Refund policy is non-negotiable. We understand that last minute emergencies and unforeseen events happen, but due to the nature of this event, the Cancellation/Refund policy will be applied without exception within the 7 days leading up to the day of the upcoming Paint N' Sip Event. After that time, we do not allow for cancellations, or refunds, as time and effort goes into preparing your supplies right after you register.​ We reserve the right to change any painting class start time, date, ticket price or venue. We will notify customers by email if those changes are made. If our painting class is rescheduled or canceled, we reserve the right to issue a refund or substitute your purchase with another painting class event ticket of greater or the same value. If you enter your friend(s) name, you will be charged for their tickets.

e.) We want to show off how much fun we're having and reserve the right to display and promote images of our paint party participants on social media interfaces such as Facebook, Instagram, Google+ and other blogs or networks. By purchasing Ticket(s) and arriving at our Event(s), you agree to provide Choice Wellness LLC the full right to upload your personal image/photograph of the painting class party event to any of Choice Wellness's social media platforms, including electronic mail (emails) for promotional, presentation, marketing purposes. 

​f.) Privacy Policy. We do not share our email list with any other company or promoter. Email list - To be added or removed from our email list scroll to the bottom of the page, enter your email address and choose either "subscribe" or "unsubscribe".

g.) Website Terms & Conditions Of Use. By visiting TheChoiceWellness.com and/or purchasing your Paint N' Sip Event ticket(s) (the “Ticket”)! These Terms of Use (the “Terms”) govern your use of the Paint N' Sip Event service, as well as the use of the Ticket, including all features of Choice Wellness website (the “Website”), user experience, all content associated therewith (collectively the “Paint N' Sip Event" or “Service”). When you, or the person for whom you have purchased the ticket eventually utilize the ticket you/they will sign up for a Paint N' Sip event (the “Event”) and will then be bound by the Event’s own set of terms and conditions. By using, visiting, or browsing the Website and it's affiliated sites, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Paint N' Sip Event service, including the Website, and you should not purchase the Ticket.​ The following contains the "Terms and Conditions" for www.thechoicewellness.com and it's affiliated sites. The "Terms and Conditions" is also referred to as our "Disclaimer". Our Terms and Conditions constitute a "Legal Agreement" between every Visitor to our website and/or Participant of our Painting Classes. Our Terms and Conditions are subject to change at any time with or without prior notice.​ The term “Event” means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend. Payment Method – The term “Payment Method” means the method of your payment for the Ticket that you indicated during your purchase of the Ticket. All references herein to “you” or “your” shall mean and refer to the person who purchased the Ticket, and includes any persons that eventually utilize the Ticket to attend the Event. 
The term “venue” shall mean the location where the Event will take place. The term “Website” shall mean the website hosted by www.TheChoiceWellness.com (and all pages contained therein). The term “Ticket” shall mean a revocable license or licenses which you or a person for whom you have purchased the Ticket may utilize to attend the Event, and includes any gift Ticket purchased. Our website contains copyrighted and proprietary information. No visitor or Participant is allowed to download or share any images or text from our site. No visitor or Participant is allowed to recreate our website for personal use, that includes saving our website in full or in part on their hard drive or in a PDF or other file. ​​RIGHT TO TERMINATE

h.) Right To Terminate. We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE PAINT N' SIP EVENT END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE POUR SIP PAINT AND RELATED THIRD-PARTY. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
FOR PRIVATE EVENTS, Choice Wellness LLC and Customer hereby agree as follows: 
i.) Customer shall hold harmless and indemnify Choice Wellness LLC from any and all liability, claims, actions and judgments, including costs of defense and attorney’s fees incurred in defending against same, arising from and related to Choice Wellness’s use of the Premises, including without limitation any claim arising out of damage to any and all property of Customer. Choice Wellness’s actions shall include the acts of Choice Wellness’s employees, assistants, agents, and affiliates (collectively, “Choice Wellness Affiliates”). 
ii.) Choice Wellness LLC shall be entitled, within its reasonable discretion, to settle any and all claims, and in such event, Customer shall indemnify and hold harmless Choice Wellness LLC for any such claims paid, including Choice Wellness’s reasonable attorney fees incurred resulting from any such claim. 
iii.) In the event either party files suit in a court of law to interpret or enforce the terms of this Agreement, the party prevailing in such action shall be entitled, in addition to any legal fees incurred in defending against any third party claim, to its reasonable legal fees and costs incurred in such actions to interpret or enforce the terms of this Agreement. 
iv.) Customer hereby states and acknowledges that Customer agrees to indemnify Choice Wellness LLC and Choice Wellness Affiliates in the event any claim, action and judgment, including costs of defense and attorney’s fees incurred in defending against same, arising out of this Agreement is brought against Choice Wellness LLC and Choice Wellness Affiliates by any other person, natural or legal, claiming to own the Premises or any interest therein. 
v.) This Agreement shall be governed by the laws of the State of New Jersey. 
vi.) No provision of this Agreement shall be amended, modified or changed without the prior written agreement of both parties. 
vii.) If any one or more of the provisions of this Agreement shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall be stricken from this Agreement and the remaining provisions hereof shall be read and construed as if such invalidity, illegality or unenforceability had never been included herein. The validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the balance of this Agreement shall remain in full force and effect. 
viii.) The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by any party. Failure to enforce any provision of this Agreement shall not be deemed a waiver of the right to do so at any time thereafter and shall not operate or be construed as a waiver of the right to enforce such provision at a later date. Customer / client agrees to hold Choice Wellness LLC harmless of any and all incurred charges relating to any situations that may be causes due for any reasons. Customer / Client fully agrees Choice Wellness LLC maximum financial liability to customer or client or entity including third party is limited to the amount paid by customer or client for such event or party.​

i.) Privacy & Communications Preferences. Any personally identifying information submitted through the Paint N' Sip Event service is subject to our Privacy Policy, the terms of which are incorporated herein. By using the Paint N' Sip Event service, you consent to receiving electronic communications from Choice Wellness LLC. These communications will include notices about your purchase (e.g., change in event time or shipping updates or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Choice Wellness and you receive them as part of the Paint N' Sip Event service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Choice Wellness LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to website, including Facebook and Instagram, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Paint N' Sip Event service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sub-license such right, and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future. Please note Choice Wellness LLC does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to Choice Wellness LLC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TheChoiceWellness.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

j.) Disclaimers Of Warranties & Limitations of Liability. CHOICE WELLNESS LLC, INCLUDING OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES ASSOCIATED WITH PAINT N' SIP EVENT SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PAINT N' SIP EVENT SERVICE, OUR WEBSITE AND USER EXPERIENCE, AND ALL CONTENT ASSOCIATED THEREWITH. CHOICE WELLNESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PAINT N' SIP EVENT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT CHOICE WELLNESS MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF PAINT N' SIP EVENT SERVICES, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. CHOICE WELLNESS LLC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIRD-PARTY SERVICES, PAINT N' SIP EVENT PAINTINGS, AND PAINT N' SIP EVENT EQUIPMENT. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Choice Wellness LLC or on the Choice Wellness website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Choice Wellness and/or website or user interfaces, (iv) delivery and or display of any content contained on the Choice Wellness website, or otherwise through the Paint N' Sip Event service; and (vii) any losses or damages arising from the use of the paint or equipment provided at the Paint N' Sip Event class or otherwise through the Paint N' Sip Event service itself, including any losses or damages arising from Paint N' Sip Event service, website or equipment. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PAINTING. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on events from the Paint N' Sip Event service or the descriptions of any event content contained on our website and user interfaces. We do not represent or guarantee that your use of the Paint N' Sip Event service will be free from interruption, we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Choice Wellness LLC. IN NO EVENT SHALL CHOICE WELLNESS LLC, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS PAINT, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CHOICE WELLNESS LLC, OUR WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO CHOICE WELLNESS LLC, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. It is Your responsibility to take care of your property during and after our event. We are not responsible for any lost or stolen property, or any property you may have left behind at any of our events. We will make our best effort to help you search/or report any stolen or lost property, or any property left behind, so as long as we have been notified of the problem in a reasonable and timely manner. 

k.) Defense & Indemnity. You agree to defend, indemnify, and hold Choice Wellness LLC harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the purchase of your Ticket and (ii) all disputes, claims, actions, or controversies related in any way to any Event Attendees’ attendance of the Event, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys’ fees incurred by Choice Wellness LLC that are related to such circumstances.

​​l.) Arbitration Agreement. You and Choice Wellness LLC agree that any dispute, claim or controversy arising out of or relating in any way to the Paint N' Sip Event service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Choice Wellness LLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. If you elect to seek arbitration, you must first send to Choice Wellness LLC, by certified mail, a written Notice of your claim (“Notice”). Unless both you and Choice Wellness LLC agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

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SIGNATURE

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BY CLICKING, OR SIGNATURE IN-PERSON, TO AGREE TO THIS AGREEMENT, I AGREE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND AGREE TO ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, INCLUDING SPECIFICALLY THE ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, AND ARBITRATION AGREEMENT PROVISIONS UNDER WHICH I AM RELINQUISHING LEGAL RIGHTS. MY PARTICIPATION IN THE EVENT AND EXECUTION OF THIS AGREEMENT IS PURELY VOLUNTARY AND I ELECT TO DO SO IN SPITE OF THE RISKS AND LEGAL EFFECT.