Comprehensive Waiver and Release of Liability and Assumption of Risk
1. Scope of Facilitation, Events, and Multi-Channel Coaching
This Waiver and Release of Liability (the "Agreement") applies to all matchmaking services, professional coaching sessions, workshops, mixers, and social events provided by alcheMeets ("Company"). These services may be delivered across multiple environments, including Company-operated spaces, third-party commercial venues, and digital platforms (e.g., Zoom, Google Meet, or proprietary software).
Administrative Role:
- The Company acts strictly as a facilitator and educator.It does not control, and is not responsible for, the behavior, chemistry, or actions of any client, match, or event participant.
- Coaching & Assessments: Coaching services, behavioral strategies, and lifestyle advice are for personal development and educational purposes only. Coaching does not constitute medical, psychiatric, psychological, therapeutic, financial, or legal advice.
2. Collection of Personal Information, Confidentiality, and Data Risks
The Client acknowledges that the Company collects highly sensitive personal information, which may include but is not limited to: official government identification, financial details or net worth indicators, relationship histories, background checks, psychological preferences, and personal photographs ("Personal Information").
Company Data Safeguards: The Company agrees to use commercially reasonable administrative, physical, and technological measures to safeguard the Client's Personal Information and maintain confidentiality.
Inherent Cyber Risks: The Client acknowledges that no data transmission over the internet or electronic storage system is 100% secure. The Client voluntarily assumes all risks related to data breaches, unauthorized third-party hacking, cyber-attacks, malware, or accidental disclosure of their Personal Information. "To the maximum extent permitted by New York law, the Client agrees that the Company's total aggregate liability for any data breach, unauthorized access, or accidental disclosure of Personal Information shall be strictly limited to the total amount of fees actually paid by the Client to the Company during the twelve (12) months immediately preceding the incident."
Consent to Shared Profiles: The Client explicitly grants the Company permission to share select portions of their profile details and photos with potential matches as part of the standard matchmaking process. The Company is not liable for what a match chooses to do with that information once disclosed.
3. Assumption of Risk Across All Physical & Digital Environments
The Client recognizes that participating in matchmaking, attending social gatherings, and undergoing professional coaching involves inherent risks, which they voluntarily assume. These risks include, but are not limited to:
Physical & Venue Risks: Slips, falls, physical injuries, food-related allergies, or property damage occurring at physical locations, whether hosted at the Company’s primary facilities or at third-party spaces (such as restaurants, bars, or hotels).
Interpersonal Risks: Physical or emotional injury, harassment, stalking, theft, or misconduct perpetrated by other clients, matches, or event attendees during one-on-one dates or group functions.
Digital & Technology Risks: Privacy interruptions, unauthorized interception of video/audio communications, or software vulnerabilities inherent in using third-party digital platforms for virtual coaching or online mixers.
Transit Risks: Travel to, from, or between physical venues and date locations.
4. Alcohol Consumption, Venue Responsibility, and Personal Conduct
(a) Third-Party Venue Service: The Client acknowledges that for any in-person events where alcohol is available, served, or purchased, the Company does not act as a licensed liquor purveyor or direct server. Alcohol is provided entirely by third-party commercial venues, licensed catering services, or independent establishments.
(b) Assumption of Risk and Dram Shop Waiver: The Client assumes full, individual responsibility for their own alcohol consumption. The Client agrees to drink responsibly, maintain lawful behavior, and secure safe transit. To the maximum extent permitted by New York law, the Client explicitly waives any claims against the Company, its owners, or its staff under New York General Obligations Law § 11-101 (The Dram Shop Act) or common law negligence for injuries, property damage, legal infractions, or behavioral issues resulting from the Client’s or any other participant's intoxication.
5. Professional Coaching Disclaimer and Medical Carve-Out
The Client acknowledges that professional coaching outcomes depend heavily on personal commitment and variables outside the Company's control. The Company makes no guarantees regarding the specific personal or romantic results of its coaching frameworks. The Client remains solely responsible for any personal, relational, or lifestyle choices they make during or after receiving coaching services. Coaching is not a substitute for licensed mental health therapy. The Client agrees to seek professional medical or psychological help if deep-seated trauma or mental health conditions arise. "The Client represents and warrants that they are currently stable and not seeking treatment for severe, unmanaged mental health conditions through the Company. The Client acknowledges a continuous duty to disclose if they are currently experiencing a psychological crisis. The Company reserves the complete right to terminate services immediately, without a refund, if it determines in its sole discretion that the Client's needs exceed the non-clinical boundaries of personal coaching."
6. Licensed Professional Disclosure and Non-Clinical Scope Waiver
(a) Professional Background Disclosure: The Client acknowledges that the Company’s founders, owners, or operators may hold professional state licenses in the mental health field (including but not limited to LCSW, LMFT, LMHC, or Licensed Psychologist). The Client explicitly understands and agrees that alcheMeets is a commercial matchmaking, networking, and personal development coaching business, NOT a clinical mental health practice, medical clinic, or psychiatric facility.
(b) No Clinical Relationship or Privilege: The Client explicitly agrees that entering into this Agreement, completing intake forms, undergoing behavioral assessments, or participating in coaching sessions does NOT establish a therapist-patient relationship, doctor-patient relationship, or any other clinical, diagnostic, or privileged professional dynamic.
(c) Waiver of Clinical Liability standards: The Client acknowledges that the services provided do not constitute psychotherapy, clinical counseling, psychological testing, or mental health diagnosis. The Client knowingly and voluntarily waives any right to hold the Company, its owners, or its staff to the legal, ethical, or professional malpractice standards of care required of licensed mental health clinicians. Any grievances regarding services must be treated as a standard commercial contract dispute, not professional medical or mental health malpractice.
7. Limitation of Background Checks
The Company does not routinely perform background checks. If background checks or identity verifications are performed, they rely entirely on third-party databases. The Company makes no representations regarding the accuracy, timeliness, or completeness of these checks and assumes no liability for any false information or omitted criminal history provided by matches or attendees.
8. Release and Hold Harmless
"The Client, on behalf of themselves, their heirs, and personal representatives, hereby fully, knowingly, and intentionally RELEASES, DISCHARGES, AND HOLDS HARMLESS the Company, its owners, officers, directors, part-time and hourly employees, independent contractors, event facilitators, and organizational partners or co-hosts (collectively, "Released Parties") from any and all claims , demands, or causes of action arising out of the ordinary NEGLIGENCE of the Company. This waiver explicitly includes any claims based on the NEGLIGENCE of the Company regarding venue selection, match screening, data security, or coaching advice."
This includes, but is not limited to, any damages, losses, personal injuries, emotional distress, or financial harm resulting from:
- The actions, omissions, or misconduct of any match or event attendee.
- Venue or property conditions at any date, physical coaching session, or social mixer.
- Technical failures, security breaches, data leaks, or hacking incidents affecting the Client's Personal Information.
- Any guidance, feedback, or strategies provided during professional coaching sessions.
The Client explicitly agrees that part-time hourly employees or external organizational partners are acting strictly within a non-clinical, administrative capacity. The Client waives any right to assert claims of negligent hiring, negligent training, or negligent supervision against the Company regarding its selection of hourly staff or external event partners.
9. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company against any and all claims, suits, losses, or legal expenses (including reasonable attorney fees) brought by third parties or other clients arising directly out of the Client’s personal conduct, misrepresentations, or interactions during physical events, digital sessions, or private dates.
10. Governing Law, Venue, and Dispute Resolution
This Agreement and all claims arising out of the parties' relationship shall be governed by, enforced, and construed strictly in accordance with the laws of the State of New York, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this agreement shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The place of arbitration shall be Monroe County, New York. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Both parties explicitly waive their right to a jury trial or to participate in any class-action lawsuit.
11. Electronic Signature and Electronic Record Consent
By clicking "I Agree," "Submit," or by typing my name below, I explicitly agree and intend to electronically sign this Agreement. I acknowledge that my electronic signature is the legally binding equivalent of my handwritten signature on a physical document. I agree that this Agreement and all electronic records associated with my relationship with the Company are governed by the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and the New York State Electronic Signatures and Records Act (ESRA). I waive any legal right to contest the validity or enforceability of this Agreement based solely on its electronic form.
Acknowledgment of Understanding
By signing below, I expressly acknowledge that I have read this Agreement in its entirety, fully understand its terms, and recognize that I am giving up substantial legal rights, including the right to sue the Company, its staff, and its coaches. I am signing this agreement freely, voluntarily, and without duress.