Hearth Science Practice Library

PLEASE COMPLETE THIS FORM TO USE THE PRACTICES LIBRARY WITH CLIENTS

Practitioner Client-Use Acknowledgment, Release, and Indemnification Addendum.

HEARTH SCIENCE, INC.

PRACTITIONER CLIENT-USE ACKNOWLEDGMENT, RELEASE, AND INDEMNIFICATION ADDENDUM

This Practitioner Client-Use Acknowledgment, Release, and Indemnification Addendum (this “Addendum”) is entered into between Hearth Science, Inc., a California corporation with its principal place of business at 222 Camino Margarita, Nicasio, CA 94946 (“HSI”), and the undersigned practitioner (“Practitioner”), effective as of the date Practitioner accepts this Addendum electronically as described in Section 9.

This Addendum supplements, and is incorporated into, the Hearth Science Terms of Use and Master Subscription Agreement previously accepted by Practitioner in connection with Practitioner's use of the HSI platform (together, the “Platform Agreement”). Capitalized terms not defined in this Addendum have the meanings given to them in the Platform Agreement. This Addendum applies specifically to Practitioner's use of the Client Practice Library (“Practice Library”) to select, assign, or otherwise make available practices to Practitioner's own clients or patients (“Client-Facing Use”). Where a provision of this Addendum conflicts with the Platform Agreement as applied to Client-Facing Use, this Addendum controls; in all other respects, the Platform Agreement remains in full force and effect.

1. Background

Client-Facing Use is available only to practitioners who have (a) reached the applicable cumulative training-hour threshold, (b) completed the course entitled “Using the Practice Library with Clients,” including its treatment of practices that are contraindicated for specific client presentations (“Exclusions”), and (c) passed the associated assessment. HSI issues client-access URL only upon successful completion of that sequence.

2. Acknowledgment of Training; Independent Professional Judgment

Practitioner acknowledges having completed the course described above and having reviewed the Exclusions presented in it. Practitioner understands that the Exclusions identify categories of presentation or diagnosis for which the Practices Library, and/or certain practices are not appropriate, and that this list reflects examples current as of Practitioner's training rather than an exhaustive or continuously updated inventory of every possible contraindication for every client.

Practitioner acknowledges and agrees that Practitioner — and not HSI — bears sole and exclusive responsibility for determining whether any specific practice in the Practice Library is appropriate for any specific client, based on Practitioner's own independent professional judgment, clinical or professional training, and knowledge of that client. This responsibility reflects the same standard of care Practitioner would apply to any other clinical, therapeutic, or wellness recommendation made in the course of Practitioner's practice, and it is not altered, reduced, or satisfied by Practitioner's completion of HSI's training or by HSI's provision of the Exclusions or any other content.

3. No Clinical Relationship; No Review by HSI

HSI does not evaluate, approve, supervise, or otherwise participate in Practitioner's decision to assign any practice to any client. HSI has no clinical, therapeutic, or treatment relationship with Practitioner's clients; does not receive or review information about them except as Practitioner separately elects to submit through the Service; and does not diagnose, treat, or provide medical or mental health advice to them. This Section is consistent with, and does not narrow, the disclaimers set out in the Platform Agreement.

4. Release

To the fullest extent permitted by applicable law, Practitioner, on behalf of Practitioner and Practitioner's heirs, successors, and assigns, releases and forever discharges HSI, and its officers, directors, employees, contractors, and agents, from any and all claims, liabilities, losses, damages, or causes of action of any kind — whether known or unknown, and however arising, including from HSI's alleged negligence — arising out of or relating to Practitioner's selection, assignment, or other Client-Facing Use of the Practice Library, or a client's use of any practice assigned by Practitioner.

5. Indemnification

Practitioner will defend, indemnify, and hold harmless HSI, and its officers, directors, employees, contractors, and agents, from and against any and all claims, losses, damages, judgments, penalties, and reasonable attorneys' fees and expenses arising out of, involving, or in connection with Practitioner's Client-Facing Use of the Practice Library, including — without limitation — any claim brought by or on behalf of a client or patient of Practitioner alleging injury, loss, or damage connected to a practice Practitioner selected or assigned. This obligation applies regardless of whether the underlying claim also names HSI directly, and is in addition to, and not in place of, Practitioner's indemnification obligations under the Platform Agreement.

6. No Shifting of Liability

Practitioner will not represent to any client, patient, third party, insurer, court, or arbitral body that HSI is responsible for Practitioner's selection or assignment of any practice, for Practitioner's clinical judgment, or for any outcome experienced by Practitioner's client. Practitioner will not join, implead, or seek contribution or indemnity from HSI in connection with any claim brought against Practitioner by a client or patient, except to enforce this Addendum. Nothing in the Platform Agreement or this Addendum creates any partnership, joint venture, agency, or employment relationship between HSI and Practitioner, and HSI has no vicarious liability for Practitioner's acts or omissions.

7. Insurance

Practitioner represents that Practitioner maintains, and will continue to maintain throughout any period of Client-Facing Use, professional liability (malpractice) insurance appropriate to Practitioner's license and scope of practice, covering Practitioner's use of the Practice Library with clients.

8. Relationship to the Platform Agreement

This Addendum supplements the disclaimers, limitations of liability, and indemnification provisions of the Platform Agreement; it does not narrow or replace them. The governing-law and dispute-resolution provisions of the Platform Agreement apply to this Addendum.

Practitioner's clients separately accept the Platform Agreement, including its release of claims against HSI, when they register to receive Client-Facing Use content through the Practice Library. The protections in this Addendum are independent of, and in addition to, that client-level acceptance; neither is a precondition to, nor a substitute for, the other.

9. Acceptance

Practitioner accepts this Addendum by clicking “I have read, understand, and agree to this Addendum” at the time Practitioner's client-access code is issued. Electronic acceptance has the same force and effect as a handwritten signature.

10. Miscellaneous

If any provision of this Addendum is held invalid or unenforceable, the remaining provisions remain in effect. HSI's failure to enforce any provision is not a waiver of that provision. This Addendum, together with the Platform Agreement, is the entire agreement between the parties regarding Client-Facing Use of the Practice Library.