This is a legally binding agreement (“Agreement”) between you and Living Healthy Happy Days LLC – Justin Carpenter, hereby referred to in this agreement as LHHD (“LHHD” or “I” or “we” or “us”) governing harm reduction services provided to you by LHHD during a set time period (“Program(s)”) during the Term. Please read the terms of this Agreement carefully.You must read, agree to, and sign this Agreement before requesting a Program. Do not sign this agreement if you do not agree or do not understand its terms written below.You will be required to complete an intake and health screening form or client application (“Forms”) for each Program you attend that reasserts that you have signed and agreed to this Agreement, and that the terms of this Agreement apply to your participation in that Program. All coaches, sitters, organizers or harm reduction facilitators for a Program shall be referred to as a “Facilitator(s)” or “Coach(es)”. LHHD and the Facilitator(s) reserve the right to decline any individual interested in participating in any Program at any time and for any reason LHHD and the Facilitator(s) may deem appropriate.

1. Purpose. This Agreement sets out the rules and agreements governing your participation in a Program. LHHD and Facilitator(s) agree to provide services at the Programs only if they are legally protected from certain inherent risks associated with your choice to participate in a Program. This Agreement provides those protections.

2. Statement of Non-Affiliation. By signing this agreement you represent and warrant that you are not affiliated by any means directly or indirectly with any local, state, or federal law enforcement agencies or undercover “Private” law enforcement agencies.

3. Optional Use of Substances. No entheogenic or psychedelic substance or illegal substance will be provided or sold by LHHD or Facilitator(s). It is strict LHHD policy that you, using your own discretion, obtain any such substances you choose to consume during a Program. LHHD has no responsibility for whether or how you obtain any substances, nor will LHHD or Facilitator(s) make any recommendations as to whether or how you obtain any substances. It is a personal decision entirely at your own discretion, and at your own risk, as to whether and how much substances you will use during or before a Program.

• a) Services Rendered. By signing this agreement, you agree with and are expressly stating that any financial transactions between you and LHHD and the Facilitator(s) are for coaching services only.
• b) Laws Regarding Substance Use and Possession.You understand that the use and possession of certain substances remains illegal under state and federal law, and that your employer may make decisions based on your use or possession of substances. You understand and agree that if you choose to use such substances in connection with a Program, you alone bear the entire responsibility for any outcomes resulting from such use, including possible discharge from employment, arrest or civil liability. You agree that you will inform yourself about all applicable laws and regulations before making the decision to use substances as part of a Program, and that your use of substances, if any, as part of a Program will be in compliance with all applicable laws. You understand that LHHD and the Facilitator(s) are only there to provide harm reduction services to you during a Program, and that neither LHHD nor the Facilitator(s) make any recommendation nor take any responsibility in connection with your use of substances.
• c) Use at Your Own Risk; No Driving Under the Influence. You agree that neither LHHD nor the Facilitators are responsible for any effect any substances you consume have on you or anything you do as a result of using substances. You agree that you will not drive to or from any Program under the influence of psilocybin, cannabis, other medicines, drugs or alcohol.
• d) Other Substances. You agree that you will not use any other medicines, drugs or alcohol before, during or immediately following any Program unless you have notified LHHD in writing on your Forms.

4. Full Personal Responsibility and Inherent Risk. Programs may carry risks that are impossible to predict for each individual. You agree to take full responsibility for your participation in a Program and all outcomes resulting from such participation. You accept the inherent risks of participation and acknowledge that your interest in this type of exploration. These risks may include, but are not limited to:

• a) Intense physical, psychological, or emotional experiences;such as fainting, vomiting, extreme emotional states, panic attacks, unusual thoughts, hallucinations, or psychosis. These negative experiences may persist after the Program.
• b) Physical harm from slips and falls while moving around under the influence.During winter months, outdoor areas may be icy or slippery, and you agree to use extra caution walking around these areas, particularly if you have consumed any substances.
• c) If a crisis requires additional emergency support by medical or mental health professionals, you agree to pay for all additional expenses of the intervention. LHHD and Facilitator(s) have the right to call emergency support services if LHHD or any Facilitator determines that a crisis requires additional professional intervention. Emergency support services, and/or emergency contact will also be contacted at your request. Emergency support services may result in arrest or other criminal or civil liabilities against you.
• d) You agree that a safety questionnaire, phone conversation or preliminary interview may be required for your participation regarding some of these risks and your history.You understand that this interview does not guarantee an experience without these risks.
• e) You agree that you will be required to participate in at least one pre-Program preparatory sessions and two post-Program integration sessions as recommended by LHHD policies.

5. RepresentationsYou represent and warrant each of the following:

• a) You represent and warrant that you have done the appropriate independent investigation to understand how any substances you use may affect your psychological and physical health, including consulting with your doctor or psychiatrist if appropriate.You are informed as to how such substance use may impact any psychological or physical conditions you may have, as well as how substances you use may interact with any over the counter or prescription medications, herbs or supplements you are using.
• b) You represent and warrant that you are not aware of any psychological or physical condition that would make it unwise for you to participate in a Program or use substances in the context of a Program.You represent and warrant that you have never been told to abstain from such practices, or from use of any substance you choose to consume during a Program, by any health professional.
• c) You represent and warrant that you are not currently pregnant.
• d) You represent and warrant that you are at least 18 years of age or older as of the Date of this Agreement.
• e) You represent and warrant that you will completely and truthfully answer any and all questions in a safety questionnaire provided to you prior to any Program.
• f) You agree to notify the Facilitator(s) immediately if any of the representations you make in this document change during your participation in the Program.
• g) You will provide accurate information about your dosage, and physical and psychological well-being during the Program so that LHHD and the Facilitator(s) can provide appropriate harm reduction measures.

6. Non-sexual Touching. You understand that there may be strictly non-sexual physical touching for safety, calming or reassurance purposes during intense experiences by the Facilitator(s) from time to time. If you do NOT want to be touched in any way, except in the event of a true emergency for safety purposes, it is your responsibility to let the Facilitator(s) know in writing prior to the start of a Program.

plus $ in travel fees.

be made via payment instructions provided by LHHD payment portal, or by another arrangement approved in writing by LHHD. Payments are non-refundable.

8. Intellectual Property. Any and all materials and content provided or streamed, prior to or as part of a Program or in connection with a Program including but not limited to preparation and integration materials, music, audio, sounds, video, photos, graphics, text and information (“Materials”), is proprietary material belonging to LHHD, the Facilitator(s) or third parties, and may be protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. You will not use, copy or distribute Materials without LHHD prior written permission.

9. DISCLAIMERS OF WARRANTIES.

• a) You expressly understand and agree that your participation in any Program is at your own risk.Each Program and all Materials are provided “AS IS” and without warranties of any kind, either express or implied. LHHD and the Facilitator(s) disclaim all warranties related to any Program, and all Materials, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, non-infringement, and any warranties implied by any course of performance or usage of trade.
• b) You expressly understand and agree that neither LHHD nor the Facilitator(s) warrant or make any representations or guarantees regarding the outcome, experience or effect on you of participation in any Program. You expressly understand and agree that neither LHHD nor the Facilitator(s) warrant or make any representations regarding the effects of the use of substances generally, or the use of substances specifically by you or other individuals.

10. Indemnification.You agree to indemnify, hold harmless and defend LHHD, the Facilitator(s), and each of their agents, contractors, affiliates, representatives, and partners from and against any and all losses, damages, reasonable costs (including reasonable attorneys’ fees and expenses), liabilities or expenses arising from: (a) your participation in any Program, (b) your violation of this Agreement, including a breach of any of your representations and warranties in this Agreement, (c) any physical or psychological harm, outcomes or effects resulting from your participation in a Program or your substance use, or actions you may take as a result of a Program or using substances, and (d) any other matter in relation to LHHD, Materials or this Agreement. LHHD and the Facilitator(s) reserve the right to assume sole control of any matter otherwise subject to indemnification by you under this Section. You agree in such circumstances to assist and cooperate fully with LHHD and the Facilitator(s) in asserting any available defenses at your expense. You and/or your estate hereby indemnifies LHHD and the Facilitator(s) against any claim by any person arising directly or indirectly from your death, injury, loss or damage suffered by you, allegedly caused or contributed to by an act or omission of LHHD, the Facilitator(s) and each of their directors, officers, employees, agents, representatives, contractors, consultants and agents.

11. Limitation of Liability.

• a) YOU ARE VOLUNTARILY PARTICIPATING IN A PROGRAM WITH KNOWLEDGE OF THE RISKS THAT MAY BE INVOLVED AND YOU HEREBY AGREE TO BE RESPONSIBLE FOR YOUR OWN HEALTH AND WELFARE AND ASSUME ALL RISKS OF EMOTIONAL DISCOMFORT OR TRAUMA, PERSONAL INJURY OR DEATH.YOU ACKNOWLEDGE AND AGREE THAT NEITHER LHHD NOR THE FACILITATOR(S) ARE RESPONSIBLE FOR AND HAVE NO DUTY TO TAKE ACTION REGARDING: (A) YOUR PARTICIPATION IN AND THE EFFECT OF ANY PROGRAM ON YOU, (B) YOUR PERSONAL DECISION TO USE OR POSSESS ANY SUBSTANCES AND HOW MUCH, IF ANY, YOU DECIDE USE AS PART OF A PROGRAM , (C) ANY EFFECTS OF ANY SUBSTANCE USE OR POSSESSION, INCLUDING PHYSICAL, PSYCHOLOGICAL, LEGAL OR EMPLOYMENT OUTCOMES, (D) ANY PHYSICAL OR PSYCHOLOGICAL HARM OR PERSONAL INJURY RESULTING FROM YOUR PARTICIPATION IN A PROGRAM OR YOUR USE OF SUBSTANCES, OR (E) ANY OUTCOMES OR ACTIONS YOU TAKE AS A RESULT OF HAVING BEEN EXPOSED TO A PROGRAM, OR POSSESSING OR USING ANY SUBSTANCES. YOU HEREBY RELEASE LHHD AND THE FACILITATOR(S) OF ANY AND ALL LIABILITY ARISING OUT OF YOUR PARTICIPATION IN A PROGRAM, AND YOUR ACCESSING ANY MATERIALS. YOU HEREBY RELEASE LHHD AND THE FACILITATOR(S) OF ANY AND ALL LIABILITY FOR YOUR POSSESSION OR USE OF SUBSTANCES SHOULD YOU DECIDE TO POSSESS OR USE ANY SUBSTANCES.
• b) YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, LHHD, THE FACILITATOR(S), AND EACH OF THEIR AGENTS, CONTRACTORS, AFFILIATES, REPRESENTATIVES, AND PARTNERS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PERSON AS A RESULT OF YOUR VIOLATION OF THIS AGREEMENT, UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LHHD OR THE FACILITATOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM: (A) YOUR PARTICIPATION IN A PROGRAM, YOUR USE OF MATERIALS, OR YOUR SUBSTANCE USE, OR ACTIONS YOU MAY TAKE AS A RESULT OF A PROGRAM OR USING SUBSTANCES, (B) ANY VIOLATIONS OF LAW RESULTING FROM YOUR PARTICIPATION IN A PROGRAM, (C) USE OR MISUSE OF ANY SUBSTANCE (ILLEGAL OR LEGAL) DURING, PRECEDING OR FOLLOWING A PROGRAM; (D) VIOLATION OF THIS AGREEMENT; (F) INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY; (G) FOR BREACH OF ANY REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT; AND (H) ANY OTHER MATTER RELATING TO A PROGRAM, OR MATERIALS.
• c) YOU EXPRESSLY AGREE THAT IN NO CIRCUMSTANCES SHALL THE COLLECTIVE LIABILITY OF LHHD, THE FACILITATOR(S) AND EACH OF THEIR AGENTS, CONTRACTORS, AFFILIATES, AND REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID TO LHHD BY YOU UNDER THIS AGREEMENT FOR THE SPECIFIC PROGRAM MINUS ANY TRANSACTION FEES CHARGED BY THIRD PARTIES DURING WHICH SUCH LOSSES OCCURRED. CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
• d) YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LHHD, THE FACILITATOR(S), OR THEIR AGENTS, CONTRACTORS, AFFILIATES, REPRESENTATIVES, AND PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR PARTICIPATION IN A PROGRAM.

13. Non-therapeutic Relationship.No Program is designed to treat any person for any physical or mental condition or illness. LHHD and the Facilitator(s) are not practicing medicine, diagnosing, curing, or treating disease or illnesses or administering or prescribing psilocybin, prescription drugs or controlled substances. You understand that LHHD members and the Facilitator(s), although having certain experience and training, are not your therapist, counselor or psychotherapist.

14. Entire Agreement.This Agreement, together with the Forms provided to you by LHHD, constitutes the entire Agreement between you and LHHD and the Facilitator(s) with respect to any Program, and supersedes any and all prior or contemporaneous oral or written discussions or agreements between the you and LHHD and the Facilitators.

15. Governing Law; Venue.You, LHHD and the Facilitator(s) agree that any dispute or controversy arising under or relating to this Agreement or a Program shall be governed by and construed exclusively in accordance with the laws of the (State of Arizona) excluding its conflict of law rules. You agree that any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You irrevocably consent to the exclusive personal jurisdiction of the state courts located in the (State of Arizona) for any suit or action arising from or related to this Agreement, and waive any right you may have to object to the venue of such courts.

16. Other Terms.

• a) Severability. If any of these terms is found to be for any reason unenforceable, then that term shall be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.
• b) Survival. Any section that by its nature should survive expiration or termination of this Agreement shall remain in effect after the expiration or termination of this Agreement, including but not limited to, Sections 8 through 11.
• c) No Assignment. This Agreement is personal to you and you may not assign or transfer it to anyone else. LHHD may assign, transfer or delegate any of its rights and obligations under this Agreement without your consent.
• d) The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
• e) The captions and headings in this Agreement are intended only for convenience, and will in no circumstances be construed to define, limit or describe the scope or intent of this Agreement, nor in any way affect the interpretation of this Agreement.
• f) No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.

17. Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. I agree to the above terms and conditions of this Agreement, and that these terms and conditions will govern my participation in a Program. I understand that this Agreement contains a limitation of liability provision, which I have read, understood and consented to.