Course Enrollment Agreement & Liability Release

# Course Enrollment Agreement & Liability Release

Last Updated: September 1, 2026

This Course Enrollment Agreement & Liability Release (this “Agreement”) is between you (“I,” “me,” or “Participant”) and Brooke Neborsky LLC, a Hawaii limited liability company doing business as Daily Self Massage and Après Surf (the “Company”). Brooke Neborsky, a licensed massage therapist in the State of Hawaii, is the instructor. She is included in the released parties named below.

This Agreement applies to every Daily Self Massage digital course, including Release Your Jaw ($247 one-time) and any other self-massage course the Company offers now or later.

## 1. How I accept this Agreement

I accept this Agreement by checking the required box at checkout and completing my purchase. That electronic clickwrap is my signature. I do not need a pen-and-paper signature for this Agreement to bind me.

If I create an account, log in, or use course access after checkout, I reaffirm this Agreement.

I have had a chance to read this Agreement, the Medical Disclaimer at https://dailyselfmassage.com/medical-disclaimer/, the Terms of Service at https://dailyselfmassage.com/terms-of-service/, the Privacy Policy at https://dailyselfmassage.com/privacy-policy/, and the Refund Policy at https://dailyselfmassage.com/refund-policy/, and to print or save copies.

If I do not agree, I will not complete the purchase.

## 2. What I am buying

I am buying a personal license to educational digital content. Release Your Jaw currently costs $247 USD as a one-time payment, unless a discount the Company honors applies at checkout. Other courses, when offered, will show their price at checkout.

I understand that access is delivered immediately as digital content after payment is confirmed.

I understand that “lifetime access” means I may use the course through my account for as long as Brooke Neborsky LLC continues to offer that course. If the Company stops offering the course or ceases operations, my access may end, and that ending does not, by itself, create an extra refund.

## 3. License (what I may and may not do)

The Company grants me a personal, non-exclusive, non-transferable, revocable license to access the course materials for my own personal, non-commercial self-care education only.

I agree that I will not:

1. Copy the materials except for a single personal copy of a file the Company expressly makes downloadable for me.
2. Share, upload, or distribute videos, routines, or written materials.
3. Take screenshots or recordings in order to share or distribute them.
4. Resell, sublicense, or lend the course or my login.
5. Teach other people from the materials, in person or online, whether or not I charge money.

I understand that a violation may end my access immediately without refund.

I understand that I do not own the content. The Company and its licensors keep all intellectual-property rights.

## 4. I am at least 18

I represent that I am at least 18 years old and legally able to enter this Agreement. I will not share course access with a person under 18.

## 5. Educational purpose and no professional relationship

I understand and agree that:

1. The course is education and information only. It is not medical, dental, or therapeutic advice, diagnosis, or treatment.
2. The course does not treat TMJ or TMJD, headaches, migraines, or ear disorders.
3. Brooke Neborsky’s massage-therapy license does not make this course a treatment session.
4. Buying or taking the course does not create a therapist-client relationship, a doctor-patient relationship, or any in-person duty of care.
5. Marketing language, FAQs, ads, and reviews do not override this Agreement or the Medical Disclaimer.

I agree to consult a physician, dentist, or other qualified clinician before I begin, especially if I have injury, recent surgery, chronic pain, pregnancy, circulatory or neurologic issues, or other health concerns.

## 6. Intra-oral (buccal) informed consent

I understand that Release Your Jaw includes intra-oral (buccal) self-massage: I may be instructed to place my own fingers inside my mouth and apply pressure to muscles of the jaw from the inside. Other courses may include the same type of work.

I understand this is not a substitute for a dentist, TMJ specialist, or physician. Clicking, popping, locking, bite changes, and ear symptoms can have dental or medical causes. Self-massage cannot diagnose those causes.

### 6.1 Contraindications I will respect

I agree I will not practice intra-oral techniques if I have:

1. Acute TMJ inflammation or a locked jaw.
2. Infection, open sores, or active oral disease.
3. Recent dental work, oral surgery, implants, braces, or extractions, until my dentist or oral surgeon says the area has healed and self-pressure is acceptable.
4. Numbness, unexplained swelling, or fever.

If I have a bleeding disorder or I take blood thinners, I will ask my clinician first and I will not begin intra-oral work unless that clinician agrees it is appropriate for me.

If I am not sure, I will skip intra-oral work and ask a clinician rather than guessing.

### 6.2 Hygiene I will follow

I agree to use clean hands. I will not practice intra-oral work with cuts, open wounds, or infection on the fingers I would put in my mouth.

### 6.3 When I will stop

I agree to stop immediately if I feel sharp pain, locking, dizziness, bleeding, or anything that feels wrong, and to seek professional care when those symptoms are more than brief and mild.

I understand that a pre-recorded video cannot watch me or correct my pressure. I am responsible for how I use my hands on my own body.

## 7. Assumption of risk

I understand that self-massage, including external work on the face, jaw, head, and neck and intra-oral work inside the mouth, involves inherent risks. Those risks include, among others: muscle strain, soreness, bruising, joint irritation, flaring of TMJ symptoms, headache, nerve symptoms, gum irritation or bleeding, infection if hygiene is poor, dizziness, emotional distress, and aggravation of a condition that is actually dental, medical, or joint-related rather than muscular.

I understand that no video can eliminate those risks.

I voluntarily choose to participate. I assume all risks of practicing the techniques, whether those risks are known or unknown, and whether they arise from my own body, my own application of a technique, or the ordinary negligence of the Released Parties named below, to the fullest extent permitted by Hawaii law.

I do not assume risks created by the Company’s gross negligence or willful misconduct, or any risk that Hawaii law does not allow a person to assume in advance.

## 8. Release of claims (ordinary negligence, with carve-outs)

In return for being allowed to buy and use the course, I, for myself and for my heirs, executors, and assigns, knowingly release, waive, and discharge Brooke Neborsky LLC, Brooke Neborsky, and their members, managers, employees, contractors, and affiliates (the “Released Parties”) from any and all claims, liabilities, and damages arising out of or related to my purchase of the course, my access to the materials, or my practice of the techniques, including claims based on the ordinary negligence of the Released Parties, to the fullest extent permitted by the law of the State of Hawaii.

This release is intended to be broad. It includes claims for personal injury, property damage, and related losses, whether in contract, tort, or any other theory.

This release does not and cannot waive:

1. Gross negligence of the Released Parties.
2. Willful misconduct of the Released Parties.
3. Any liability that cannot be waived under Hawaii law or under any other law that applies and cannot be waived.

I understand that I am giving up the right to sue the Released Parties for ordinary negligence to the extent Hawaii law allows that waiver. I am doing so voluntarily.

If a court finds that a part of this release is too broad, I agree that the court should enforce it to the maximum extent Hawaii law allows, including as a waiver of ordinary negligence if that portion is valid, rather than voiding the entire release.

## 9. Limitation of liability

I agree that the Company’s total liability to me for all claims arising out of or related to a specific course will not exceed the amount I paid to the Company for that specific course. This cap does not apply to gross negligence, willful misconduct, or liability that cannot be limited under Hawaii law.

## 10. Indemnity

I agree to indemnify and hold the Released Parties harmless from claims, damages, losses, and reasonable attorneys’ fees arising out of: (a) my use of the course or practice of the techniques, including intra-oral work; (b) my sharing of my login or of course content; (c) my teaching others from the materials; or (d) my breach of this Agreement.

This indemnity does not require me to indemnify the Released Parties for their own gross negligence, willful misconduct, or non-waivable liability.

## 11. Refunds

I understand that all digital course sales are final once access is granted. The only exceptions are if I never received access (the Company will restore access or refund me) or if I was charged twice for the same course.

I understand that by buying and receiving immediate access, I request immediate performance of the digital content, and I acknowledge that I lose the 14-day withdrawal right that might otherwise apply in the European Union, the United Kingdom, or similar jurisdictions for that digital content.

The full rules are in the Refund Policy at https://dailyselfmassage.com/refund-policy/. Après Surf product orders follow the refund terms at that shop’s checkout.

## 12. Governing law and courts

This Agreement is governed by the laws of the State of Hawaii, without regard to conflict-of-law rules that would choose another jurisdiction’s law.

The state courts of the State of Hawaii located in the County of Maui have exclusive jurisdiction over disputes arising out of or related to this Agreement or the course. I consent to personal jurisdiction and venue in those courts. This Agreement does not require arbitration.

This section does not take away non-waivable consumer rights I may have in my place of residence.

## 13. Severability and entire agreement

If any provision of this Agreement is held unenforceable, the remaining provisions stay in effect, and the invalid provision will be modified to the minimum extent needed to make it enforceable.

This Agreement, together with the Medical Disclaimer, Terms of Service, Privacy Policy, Refund Policy, and the checkout page I accept, is the entire agreement between me and the Company about enrollment, license, health risk, and liability release. It replaces prior oral or written statements on those subjects.

The Company may update this Agreement as described in the Terms of Service (notice of material changes by email, plus posting on the Site). If I continue to use a course after a material update takes effect, I accept the updated Agreement. Stopping use does not, by itself, create a refund.

## 14. Contact

Brooke Neborsky LLC
doing business as Daily Self Massage and Après Surf
106 Kawehi Pl
Kula, HI 96790
United States

Email: info@dailyselfmassage.com
Phone: (808) 727-9244