POSTPARTUM MOTHER'S CIRCLE
Participation Agreement, Assumption of Risk, Release of Liability & Terms
The Afterbirth, LLC | Dana Martinez
Location of Event/Program: Rooted Wellness & Spa, 1987 Santa Rita Road, Suite G, Pleasanton, CA 94566
IMPORTANT - PLEASE READ CAREFULLY
This Agreement affects your legal rights and includes an assumption of risk and a release of claims arising from ORDINARY NEGLIGENCE, to the fullest extent permitted by California law.
1. Nature and Purpose of the Program
Postpartum Mother's Circle (the “Program”) is a voluntary wellness, educational, and peer-support program intended to promote emotional well-being, self-awareness, relaxation, connection, and reconnection with the body after childbirth. Activities may include gentle movement, breath-based practices, body scans, somatic awareness exercises, guided reflection, and optional group sharing. No prior experience is required, and participants may decline, modify, or stop any activity at any time.
2. Wellness Program - Not Medical or Mental-Health Treatment
The Program is not psychotherapy, medical treatment, psychiatric treatment, diagnosis, crisis care, or a substitute for services from a licensed medical or mental-health professional. Participation in the Program does not, by itself, create a therapist-client, physician-patient, or other healthcare-provider relationship with The Afterbirth, LLC or Dana Martinez. The Program is not intended to diagnose, treat, cure, or prevent any medical or mental-health condition.
Participants experiencing a medical or mental-health concern should seek care from an appropriate licensed professional. Participants experiencing an emergency should contact emergency services or obtain appropriate emergency care.
3. Assumption of Physical and Emotional Risks
I understand that participation is voluntary and may involve foreseeable and unforeseeable risks. These may include, without limitation:
Physical discomfort, muscle or joint strain, pain, fatigue, dizziness, lightheadedness, loss of balance, falls, or aggravation of a pre-existing or postpartum condition;
Temporary discomfort or other reactions associated with breathing, relaxation, movement, body-awareness, or somatic practices;
Unexpected emotional responses, distressing memories, sadness, anxiety, grief, crying, interpersonal discomfort, or emotional activation during reflection or group discussion;
Exposure to ordinary risks associated with attending and moving within the event premises;
Loss of or damage to personal property; and
Loss of privacy if another participant fails to comply with the group confidentiality expectations described below.
I understand that the Facilitator cannot eliminate all risks associated with these activities or with participation in a group setting. I knowingly and voluntarily assume the inherent and ordinary risks of participation, subject to the limitations stated in this Agreement.
4. Participant Responsibilities
By participating, I agree that I am responsible for listening to my body, honoring my physical and emotional limits, and deciding whether to participate in any particular activity. I may modify, pause, or stop an activity at any time.
I understand that pregnancy, childbirth, postpartum recovery, surgery, injury, and medical or mental-health conditions may affect the safety or appropriateness of movement, breathwork, or somatic activities. I am responsible for consulting an appropriate healthcare professional when needed and for following restrictions or recommendations given to me by my healthcare professional.
I agree to promptly tell the Facilitator if I experience significant physical or emotional distress during the Program and to refrain from participation when I believe participation would be unsafe for me.
5. RELEASE OF LIABILITY - INCLUDING ORDINARY NEGLIGENCE
TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, in consideration for being permitted to participate in the Program, I knowingly and voluntarily release, waive, and discharge The Afterbirth, LLC, Dana Martinez, and their respective members, managers, employees, contractors, agents, and representatives (collectively, the “Released Parties”) from claims for personal injury, emotional distress, property damage, or other loss arising out of or relating to my participation in the Program, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
I understand that this means I am giving up the right to bring certain claims or seek compensation from a Released Party for injuries or losses caused by ordinary negligence in connection with the Program.
6. Limitations of the Release
This Agreement does NOT release or waive claims arising from gross negligence, reckless conduct, willful or intentional misconduct, fraud, or any other liability that cannot lawfully be released or waived under California law. Nothing in this Agreement is intended to waive rights or remedies that California law prohibits a participant from waiving.
7. Third-Party Indemnification
I agree to indemnify and hold harmless the Released Parties from third-party claims, damages, liabilities, and reasonable costs arising from my own negligent, intentional, or unlawful acts or omissions during or in connection with the Program, including my unauthorized recording or disclosure of another participant's private information. This obligation does not require me to indemnify a Released Party for that Released Party's gross negligence, willful misconduct, or other liability that cannot lawfully be shifted or waived.
8. Group Privacy and Confidentiality
The Program is intended to provide a respectful environment in which participants may choose to share personal experiences. I agree not to disclose another participant's identity, personal story, statements, experiences, or other identifying information learned through the Program without that participant's permission.
I understand, however, that this is a group setting. Although participants are required to respect one another's privacy, The Afterbirth, LLC and the Facilitator cannot guarantee that every participant will comply with these confidentiality expectations. I acknowledge and voluntarily accept this limitation inherent in group participation.
Nothing in this section requires any person to conceal information when disclosure is required by law or reasonably necessary to address an immediate safety concern.
9. No Participant Recording
Participants may not photograph, audio-record, video-record, livestream, or otherwise record any portion of group sharing, discussion, reflection, or other participant interaction without the prior express permission of the Facilitator and every identifiable participant involved.
10. Emergency Situations
If the Facilitator reasonably believes that emergency assistance is necessary, I authorize the Facilitator to contact emergency medical or public-safety services. I understand that The Afterbirth, LLC does not provide emergency medical or psychiatric services and is not responsible for the cost of care or services provided by third parties.
11. Payment, Tickets, Transfers, and Cancellations
Full payment is due as shown at checkout. Participant-initiated cancellations are non-refundable. A ticket may be transferred to another eligible participant with advance notice to The Afterbirth, LLC, subject to the replacement participant separately accepting this Agreement before participating.
If The Afterbirth, LLC cancels the Program, participants will be offered a refund, rescheduling option, or event credit, as communicated for that cancellation. The Facilitator will make reasonable efforts to provide advance notice of cancellations or material changes caused by illness, weather, emergency, venue issues, or other circumstances outside reasonable control.
12. Code of Conduct
Participants must behave respectfully and in a manner that supports the physical and emotional safety of the group. The Afterbirth, LLC may remove a participant whose behavior is disruptive, threatening, harassing, unsafe, or materially violates these Terms. A participant removed for such conduct is not entitled to a refund.
13. California Law and Severability
This Agreement is governed by the laws of the State of California. If any provision is found invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in effect to the fullest extent permitted by law.
14. Entire Agreement and No Oral Modification
This Agreement contains the terms governing the subjects addressed here and may be modified only in a written or electronic record issued or accepted by The Afterbirth, LLC. Nothing in this provision alters any separate agreement that expressly governs a different service or transaction.
15. Electronic Acceptance and Acknowledgment
By checking the acceptance box and purchasing a ticket, I confirm that I have had an opportunity to read this Agreement, understand that it affects my legal rights, understand that participation is voluntary, and voluntarily agree to its terms.
Facilitator Contact
Dana Martinez | The Afterbirth, LLC | dana@theafterbirth.com | 925-960-3410