The following Indemnification, Release and Waiver of Liability Agreement (“Agreement”) between the User whether accepting as subscriber, guardian, guarantor, agent, (hereinafter “User”) and Altignis Health LLC dba Mindfuli (collectively “Product Provider”) shall be effective the date executed by the User herein (“Effective Date”). User and Provider may be collectively referred to as “Parties” or singularly as “Party”. 

‍

By use of the services provided by the Product Provider, including any website use, software use, application download, application use, and/or account use (“Services”), User agrees that this Indemnification, Release and Waiver of Liability Agreement is valid from the date of execution and shall survive the expiration discharge of said User from Product Provider.

The User is currently participating and seeking services via the Product Provider. As part of said services, User may participate, be required to, have access to and/or utilize the following Services:

‍

• Online teleservices provided by a Care Counselor or Care Coordinator
• Online teleservices and online teletherapy services provided by a licensed clinician within their state of residence

‍

For the purpose of the services provided by Mindfuli personnel including its clinical professionals, officers, agents, employees, and volunteers (collectively, “Service Providers”), “teletherapy” (collectively, “Teletherapy,” or “Telehealth”) means the use of synchronous (occurring at the same time) telecommunications technology or asynchronous (not occurring at the same time) telecommunications technology for provision of clinical therapeutic services. For the purpose of the services provided under Mindfuli and by its service providers, services may include, but are not limited to, assessment, diagnosis, consultation, treatment, counseling; transfer of clinical data; client clinical and professional education; public health services; and health administration.

‍

For the purpose of the services provided by Mindfuli personnel including its officers, agents, employees, and volunteers (collectively, “Service Providers”), “teleservices” means the use of synchronous (occurring at the same time) telecommunications technology or asynchronous (not occurring at the same time) telecommunications technology for provision of  services. For the purpose of the services provided under Mindfuli and by its service providers, services may include social and emotional support, accountability, and guidance through one’s mental health journey via a paraprofessional Care Counselor and/or Care Coordinator. 

‍

The User for himself/herself/themself, his/her/their(s), assignors, executors and administrators does knowingly, freely and voluntarily:

1. assume all risks and liability, INDEMNIFY AND HOLD HARMLESS Product Provider, and any individual in the employ of and/or contracted to provide services by the Product Provider, for any and all damage or injury that may occur as a result of his/her/their use, participation, involvement whatsoever in all Services, items, or activities described herein provided by Product Provider and agrees to release, waive, discharge and covenant not to bring suit against Product Provider, its officers, agents, employees, and volunteers for any and all liability or claims that may be sustained by User and/or a third party, directly or indirectly, in connection with or arising out of his/her participation in Services provided by Provider, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF PRODUCT PROVIDER OR OTHERWISE; 

‍

DISCLAIMERS

‍

MEDICAL & CLINICAL SERVICES & DISCLAIMERS

THIS SERVICE, ITS PLATFORM(S), AND ITS PERSONNEL ARE NOT INTENDED AS A SUBSTITUTE FOR MEDICAL, CLINICAL, OR EMERGENCY SERVICE NEEDS.

1. DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (IN THE US), OR OTHER NATIONAL EMERGENCY PHONE NUMBER, AS APPLICABLE TO YOUR LOCATION.
2. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND ANY CARE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

‍

GENERAL USE DISCLAIMERS

THIS SERVICE, ITS PLATFORM(S), AND ITS PERSONNEL:

1. ARE NOT INTENDED FOR THE PROVISION OF CLINICAL OR MEDICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION;
2. SHOULD NOT BE USED IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION;
3. ARE NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

‍

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THIS SERVICE AND/OR PLATFORMS.

‍

AGE DISCLAIMERS

THIS SERVICE, ITS PLATFORM(S), AND ITS PERSONNEL ARE NOT INTENDED FOR THE PROVISION OF SERVICES TO INDIVIDUALS UNDER THE AGE OF 18 WITHOUT APPROPRIATE CONSENT FROM A GUARDIAN AND/OR GUARANTOR. INDIVIDUALS SUBSCRIBING TO SERVICES PROVIDED  BY MINDFULI, ITS PERSONNEL, AND ITS PLATFORMS ARE RESPONSIBLE TO ACCURATELY REPORT AGE PRIOR TO USE OF SERVICES. FAILURE TO HONESTLY AND ACCURATELY REPORT AGE ARE DONE SO AT THE LIABILITY OF THE CLIENT, AND AT NO LIABILITY TO MINDFULI, ITS PERSONNEL, AND ITS PLATFORMS. 

‍

SUB-CLINICAL CARE COUNSELOR & CARE COORDINATOR SERVICE DISCLAIMERS

SERVICES PROVIDED VIA THIS PRODUCT, ITS PLATFORMS AND ITS PERSONNEL MAY BE CONDUCTED BY A DESIGNATED CARE COUNSELOR OR CARE COORDINATOR.  ANY SERVICES PROVIDED BY SAID COUNSELORS DO NOT CONSTITUTE CLINICAL CARE AND, AS SUCH:

1. ANY SERVICES AND/OR SESSIONS PROVIDED BY SAID COUNSELORS ARE NOT CONSIDERED CLINICAL OR MEDICAL IN NATURE AND DO NOT CONSTITUTE A SUBSTITUTION FOR CONSULTATION, EVALUATION, AND CARE SERVICES FROM A LICENSED MEDICAL AND/OR CLINICAL PROFESSIONAL.
2. CARE COUNSELOR OR CARE COORDINATORS ARE NOT LICENSED MEDICAL OR CLINICAL PROFESSIONALS AND ARE NOT RENDERING HEALTHCARE SERVICES, MEDICAL OR CLINICAL DIAGNOSIS OR RENDERING THE PROVISION OR SERVICE HEALTHCARE SERVICES. 

‍

SUB-CLINICAL INQUIRIES, QUESTIONNAIRES, & ASSESSMENT DISCLAIMERS

INQUIRIES, QUESTIONNAIRES, AND ASSESSMENTS MAY BE PROVIDED TO YOU FOR YOUR RESPONSE AND/OR USE VIA THE PLATFORM(S), AS YOU SO CHOOSE. REGARDING SAID INQUIRIES, QUESTIONNAIRES, AND ASSESSMENTS:

1. INQUIRIES AND/OR QUESTIONNAIRES COMPLETED VIA SELF-ADMINISTRATION AND/OR DISCUSSED WITH SUB-CLINICAL CARE TEAM PERSONNEL ARE CONDUCTED WITH THE  SOLE INTENTIONS OF MATCHING YOU WITH APPROPRIATE SERVICE PROVIDER(S), TO CUSTOMIZE YOUR USER EXPERIENCE TO YOUR BENEFIT, IMPROVE THE OVERALL QUALITY OF THE SERVICES AND PRODUCTS PROVIDED BY THE COMPANY, AND MONITOR OUTCOMES FOR DATA ANALYTICS;
2. INQUIRIES AND/OR QUESTIONNAIRES COMPLETED VIA SELF-ADMINISTRATION AND/OR DISCUSSED WITH SUB-CLINICAL CARE TEAM PERSONNEL ARE CONSIDERED A DIAGNOSTIC TOOL OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL/CLINICAL DIAGNOSIS. SUCH MEDICAL/CLINICAL DIAGNOSIS MUST BE CONDUCTED BY A LICENSED HEALTHCARE PROFESSIONAL.
3. NONE OF SAIDINQUIRIES AND/OR QUESTIONNAIRES COMPLETED VIA SELF-ADMINISTRATION AND/OR DISCUSSED WITH SUB-CLINICAL CARE TEAM PERSONNEL ARE CONSIDERED A SUBSTITUTION FOR MATTERS REQUIRING IN-PERSON EVALUATION BY A LICENSED HEALTHCARE PROFESSIONAL.

‍

VERSION1: CLINICAL INQUIRIES, QUESTIONNAIRES, & ASSESSMENT DISCLAIMERS

INQUIRIES, QUESTIONNAIRES, AND/OR ASSESSMENTS MAY BE PROVIDED TO YOU FOR YOUR RESPONSE AND/OR USE VIA THE PLATFORM(S), AS YOU SO CHOOSE. REGARDING SAID INQUIRIES, QUESTIONNAIRES, AND/OR ASSESSMENTS, FOR INDIVIDUALS ACTIVELY REGISTERED FOR SERVICE PROVISION BY A LICENSED MENTAL HEALTHCARE PROFESSIONAL:

1. FOR THE PURPOSE OF THIS DOCUMENT AND ALL OTHER ASSESSMENTS ADMINISTERED BY AND/OR DISCUSSED WITH A LICENSED MENTAL HEALTHCARE PROFESSIONAL, LICENSED MENTAL HEALTHCARE PROFESSIONALS A INCLUDE INDIVIDUALS WHO HOLD LICENSURE IN THE STATE OF SERVICE PROVISION OR WHO HOLD ASSOCIATE STATUS WHILE RECEIVING APPROPRIATE AMOUNT OF SUPERVISION CONDUCTED BY QUALIFIED, LICENSED PERSONNEL;
2. INQUIRIES, QUESTIONNAIRES, AND/OR ASSESSMENTS ADMINISTERED BY AND/OR DISCUSSED WITH A LICENSED MENTAL HEALTHCARE PROFESSIONAL ARE CONDUCTED WITH THE  INTENTIONS OF MATCHING YOU WITH APPROPRIATE SERVICE PROVIDER(S), TO CUSTOMIZE YOUR USER EXPERIENCE TO YOUR BENEFIT, IMPROVE THE OVERALL QUALITY OF THE SERVICES AND PRODUCTS PROVIDED BY THE COMPANY, ASSESS AND TRACKING OUTCOMES;
3. INQUIRIES, QUESTIONNAIRES, AND/OR ASSESSMENTS ADMINISTERED BY AND/OR DISCUSSED WITH A LICENSED MENTAL HEALTHCARE PROFESSIONAL MAY, BUT ARE NOT REQUIRED TO, BE CONSIDERED A DIAGNOSTIC TOOL, AS APPROPRIATE TO THE SCOPE OF PRACTICE OF THE CLINICAL CARE TEAM PERSONNEL;
4. NONE OF SAID INQUIRIES, QUESTIONNAIRES, AND/OR ASSESSMENTS ADMINISTERED BY AND/OR DISCUSSED WITH A LICENSED MENTAL HEALTHCARE PROFESSIONAL ARE CONSIDERED A SUBSTITUTION FOR MATTERS REQUIRING IN-PERSON EVALUATION BY A LICENSED HEALTHCARE PROFESSIONAL.

‍

RECOMMENDATIONS TO PROFESSIONAL SERVICES

IF YOU ARE RECEIVING SOLELY SUB-CLINICAL SERVICES FROM MINDFULI, ITS PERSONNEL, AND/OR ITS PRODUCTS, AND IF AT ANY POINT IT IS CONSIDERED, VIA SERVICES PROVIDED VIA THIS PRODUCT, ITS PLATFORMS AND/OR ITS PERSONNEL, THAT YOU REQUIRE EVALUATION AND/OR CARE FROM A LICENSED HEALTHCARE PROVIDER:

1. YOU MAY BE PROVIDED WITH A RECOMMENDATION FOR ALTERNATE LEVEL OF CARE AND SERVICES. SHOULD YOU CHOOSE NOT TO SEEK PROFESSIONAL MEDICAL/CLINICAL CARE, YOU WILL NEED TO ATTEST THAT YOU REFUSED OF YOUR OWN ACCORD, REGARDLESS OF THE RISK YOU MAY POSE TO YOURSELF OR OTHERS. MINDFULI, ITS PERSONNEL, AND/OR ITS PRODUCTS HOLD NO LIABILITY FOR ANY MATTERS THAT RESULT FROM YOUR REFUSAL OF SAID RECOMMENDATIONS.

‍

RECOMMENDATIONS TO HIGHER LEVELS OF CARE

IF AT ANY POINT IT IS CONSIDERED, VIA SERVICES PROVIDED VIA THIS PRODUCT, ITS PLATFORMS AND/OR ITS PERSONNEL, THAT YOU REQUIRE YOU REQUIRE A HIGHER LEVEL OF CARE, AS DETERMINED BY A LICENSED MENTAL HEALTHCARE PROFESSIONAL:

1. A LICENSED MENTAL HEALTHCARE PROFESSIONAL WILL PROVIDE YOU WITH A RECOMMENDATION FOR ALTERNATE LEVEL OF CARE AND SERVICES. SHOULD YOU CHOOSE NOT TO SEEK SAID RECOMMENDATIONS, YOU WILL NEED TO ATTEST THAT YOU REFUSED OF YOUR OWN ACCORD, REGARDLESS OF THE RISK YOU MAY POSE TO YOURSELF OR OTHERS. MINDFULI, ITS PERSONNEL, AND/OR ITS PRODUCTS HOLD NO LIABILITY FOR ANY MATTERS THAT RESULT FROM YOUR REFUSAL OF SAID RECOMMENDATIONS.

‍

GENERAL CLINICAL SERVICE DISCLAIMERS

SERVICES PROVIDED VIA THIS PRODUCT MAY, AT TIMES AND DEPENDENT ON THE SERVICES FOR WHICH THE USER IN QUESTION REGISTERS AND PAYS FOR, BE PROVIDED BY A LICENSED MENTAL HEALTHCARE PROFESSIONAL. IN AND LIMITED TO SUCH CASE(S):

1. ALL SERVICES PROVIDED BY SAID LICENSED MENTAL HEALTHCARE PROFESSIONALS WILL BE PROVIDED WITHIN THEIR SCOPE OF PRACTICE;
2. ALL SERVICES PROVIDED BY SAID LICENSED MENTAL HEALTHCARE PROFESSIONALS WILL BE PROVIDED IN THE STATE IN WHICH SAID INDIVIDUAL HOLDS ACTIVE LICENSURE OR ASSOCIATE STATUS WHILE RECEIVING APPROPRIATE AMOUNT OF SUPERVISION CONDUCTED BY QUALIFIED LICENSED PERSONNEL; AND
3. ALL SERVICES PROVIDED BY SAID MENTAL HEALTHCARE PROFESSIONALS WILL BE PROVIDED TO USERS RESIDING IN THE STATE IN WHICH SAID CLINICAL PROFESSIONAL HOLDS ACTIVE LICENSURE OR ASSOCIATE STATUS. INDIVIDUALS SUBSCRIBING TO SERVICES PROVIDED  BY MINDFULI, ITS PERSONNEL, AND ITS PLATFORMS ARE RESPONSIBLE TO ACCURATELY REPORT STATE OF CURRENT RESIDENCE AT TIME OF PRODUCT REGISTRATION.  INDIVIDUALS SUBSCRIBING TO SERVICES PROVIDED  BY MINDFULI, ITS PERSONNEL, AND ITS PLATFORMS ARE RESPONSIBLE TO ACCURATELY REPORT STATE OF CURRENT RESIDENCE IF UPDATED OR MODIFIED FROM TIME OF ORIGINAL SERVICE REGISTRATION. FAILURE TO HONESTLY AND ACCURATELY REPORT CURRENT STATE OF RESIDENCE ARE DONE SO AT THE LIABILITY OF THE CLIENT, AND AT NO LIABILITY TO MINDFULI, ITS PERSONNEL, AND ITS PLATFORMS. 

‍

ACKNOWLEDGEMENT

This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of California. Venue for litigation concerning this Agreement shall be in Orange County, California. 

The undersigned has knowingly, freely and voluntarily consented to this Indemnification, Release and Waiver of Liability Agreement. The undersigned has read this agreement, fully and understands its terms and conditions and has voluntarily waived his/her/their rights without any inducement and intends it to be a complete and unconditional release of any and all liability to the greatest extent allowed by law. Should any portion of this contract is held to be invalid, the balance notwithstanding shall continue in full legal force and effect.