Terms of Service Agreement

Client assumes the risk of physical injury, illness or other bodily harm and that Client’s participation in the Treatment and receipt of Services will at all times be at Client’s own risk.
Client agrees, on behalf of him or herself and any personal representatives, executors, heirs, family members, successors and assigns, that Client hereby knowingly and voluntarily agrees to waive, release and discharge and covenant not to sue Kreem Shakti and its officers, directors, and employees, including any Treatment Providers (collectively, “Kreem Shakti Representatives”) from any losses, costs, liabilities, claims, suits and expenses (including attorneys’ fees) relating to or arising out of Client’s use of Kreem Shakti’s services, including, but not limited to, the Services described herein (collectively, the “Damages”), excluding any fraud, intentional acts or omissions or gross negligence on the part of any Kreem Shakti Representatives.
Client further agrees to indemnify and hold harmless Kreem Shakti Representatives from and against any and all third party Damages associated with the Services received hereunder.
Client also agrees to absolve Kreem Shakti Representatives of any Damages to persons or property resulting from the provision of the Services during a home visit.
The Parties agree that the waiver provided herein by Client is intended to be broad and inclusive as permitted by the laws of the State of California.

EXCEPT FOR LIABILITY ARISING FROM ITS INDEMNITY OBLIGATIONS UNDER SECTION 7, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF (A) $3,000 AND (B) THE TOTAL AMOUNTS PAID BY THE OTHER PARTY TO SUCH PARTY UNDER THIS AGREEMENT.

This Agreement, including Schedule I and Schedule II hereto, contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter.

The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.

The Parties may not amend this Agreement except by written instrument signed by the Parties.

No waiver of any right, remedy, power, or privilege under this Agreement is effective unless contained in a writing signed by the Party charged with such waiver. No failure to exercise, or delay in exercising, any right operates as a waiver thereof.

Client may not assign this Agreement without the express written consent of Kreem Shakti. Kreem Shakti may subcontract the Services. Any attempt to assign this Agreement, without such consent, will be void. Subject to the foregoing, this Agreement will bind and benefit the parties and their respective successors and assigns.