OPEN SPACE — LEGAL DISCLAIMER, ASSUMPTION OF RISK & LIMITATION OF LIABILITY

(California / Shasta County)

PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING OPEN SPACE.
By accessing, viewing, or using Open Space, you acknowledge that you have read, understood, and agree to the terms below.

1. Nature of the Experience — Not Therapy or Medical Care

Open Space is a guided reflective and contemplative experience intended solely to support relaxation, presence, and self-awareness.

Open Space is not psychotherapy, counseling, psychiatry, medical care, crisis intervention, or any other licensed professional service. David Charlson and David Charlson Coaching (collectively, the “Provider”) do not provide medical, psychological, or mental health services through Open Space.

Nothing in Open Space constitutes medical advice, mental health diagnosis, treatment, or emergency support. Open Space is provided for educational and personal development purposes only and is not a substitute for professional care.

2. No Emergency or Crisis Services

Open Space is not intended for use during a mental health emergency or crisis.

If you are experiencing suicidal thoughts, self-harm urges, panic, psychosis, dissociation, or feel unsafe, do not use Open Space. Seek immediate assistance from qualified professionals or emergency services.

  • United States: Call or text 988 (Suicide & Crisis Lifeline)

  • Emergency: Call 911

  • Outside the U.S.: Contact local emergency services

3. Possible Emotional or Physical Responses

You understand that contemplative and reflective experiences may involve emotional, psychological, or physical responses, including but not limited to anxiety, sadness, fear, resurfacing of memories, panic, dissociation, fatigue, dizziness, or other forms of discomfort.

You acknowledge that such responses are inherent risks of introspective practices and vary by individual.

You agree to engage voluntarily, proceed at your own pace, and stop using Open Space immediately if the experience becomes uncomfortable or overwhelming. You are solely responsible for determining whether to continue or seek additional support.

4. Personal Responsibility & Eligibility

By using Open Space, you represent that:

  • You are 18 years of age or older

  • You are not currently in a mental health crisis

  • You are capable of engaging in self-reflection safely

You accept full responsibility for your mental, emotional, and physical well-being before, during, and after using Open Space. You agree not to use Open Space while driving, operating machinery, or in any situation requiring full attention.

5. Assumption of Risk

You knowingly, voluntarily, and expressly assume all risks, both known and unknown, foreseeable and unforeseeable, arising out of or related to your access to or use of Open Space.

These risks include, without limitation:

  • emotional or psychological distress

  • physical sensations or reactions

  • decisions or actions you take following use

  • reliance on any content, prompts, or responses

6. Release of Liability

To the maximum extent permitted under California law, you hereby release, waive, and discharge David Charlson, David Charlson Coaching, and their officers, employees, contractors, agents, successors, and assigns from any and all claims, demands, causes of action, damages, losses, liabilities, or costs, whether known or unknown, arising out of or related to your access to or use of Open Space.

This release includes, without limitation, claims arising from:

  • emotional, psychological, or physical reactions

  • decisions or actions taken following use

  • reliance on content or experiences

  • technical issues, errors, interruptions, or omissions

  • third-party platforms, tools, or services

7. California Civil Code §1542 Waiver

You expressly waive the protections of California Civil Code Section 1542, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.”

You acknowledge that you may later discover claims or facts different from or in addition to those known at the time of use, and you nevertheless intend this release to apply fully and finally to all such claims.

8. No Warranties

Open Space is provided “AS IS” and “AS AVAILABLE.”
The Provider makes no warranties, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement.

The Provider does not guarantee any specific outcome, emotional state, or benefit from use.

9. Limitation of Liability

To the fullest extent permitted by law, the Provider shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including emotional distress, personal injury, loss of data, or other losses arising from or related to your use of Open Space.

10. AI & Automated Content Notice

Open Space may include responses generated by automated systems. Such content may be inaccurate, incomplete, or not appropriate for your individual circumstances.

You agree that:

  • you will use your own judgment

  • you will not rely on Open Space as professional advice

  • the Provider is not responsible for outcomes resulting from automated content

11. Governing Law & Venue

This disclaimer shall be governed by and construed under the laws of the State of California, without regard to conflict-of-law principles.

Any dispute arising out of or relating to Open Space shall be brought exclusively in the courts located in Shasta County, California, unless otherwise required by law.

12. Acceptance of Terms

Your access to and use of Open Space constitutes acknowledgment of this disclaimer and agreement to its terms. If you do not agree, you should not use Open Space.