PATIENT ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND MANDATORY ARBITRATION AGREEMENT

PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, WAIVER OF RIGHTS, AND A MANDATORY ARBITRATION PROVISION GOVERNED BY MEXICAN LAW.

This Patient Assumption of Risk, Release of Liability, and Mandatory Arbitration Agreement (“Agreement”) is entered into voluntarily by the undersigned patient (“Patient”) in connection with non-clinical facilitation services provided by Stoic Solutions Corp, a California corporation, doing business as Health & Wellness Bazaar US (“HWB”). Certain on-the-ground, non-clinical coordination services in Mexico may be performed by Health & Wellness Bazaar, S.A. de C.V., a separate Mexican entity (“HWB-MX”), as a contractor and/or affiliate of HWB.

ENTITY AND BILLING CLARIFICATION. Patient understands and agrees that: (1) HWB is the contracting party for non-clinical facilitation services; (2) HWB-MX is a separate Mexican entity that may provide on-the-ground coordination and transportation services in Mexico; (3) all medical services are provided by independent third-party healthcare providers in Mexico, not by HWB or HWB-MX; and (4) payments made through HWB’s online payment portal or payment terminal may appear on Patient’s payment statement/receipt using a substantially similar descriptor to “Health & Wellness Bazaar US” and/or “HWBazaar US” together with a U.S. address and customer service contact information.

HWB-MX ROLE IN MEXICO. Patient understands and agrees that certain non-clinical, on-the-ground coordination services in Mexico (such as transportation, logistics, translation, and scheduling support) may be performed by HWB-MX. HWB-MX is not a party to this Agreement and is not the merchant of record unless expressly disclosed to Patient at the time of payment. Patient authorizes HWB to share Patient information with HWB-MX and with independent providers and facilities in Mexico as reasonably necessary to coordinate Patient travel and services.

1. NO MEDICAL CARE; NO PROVIDER–PATIENT RELATIONSHIP

HWB is NOT a healthcare provider, physician, hospital, clinic, or medical professional of any kind and does NOT practice medicine, nursing, dentistry, or any other licensed healthcare profession. HWB does not diagnose, treat, prescribe, recommend, supervise, or provide medical care, and does not control or interfere with any medical judgment or medical services.

Patient expressly acknowledges and agrees that:

  1. No provider–patient, doctor–patient, fiduciary, agency, partnership, joint venture, or employment relationship exists between Patient and HWB;
  2. All medical services are provided solely and exclusively by independent third-party healthcare providers licensed in the country where services are rendered;
  3. HWB’s role is strictly limited to non-clinical administrative and facilitation services, including coordination, information sharing, scheduling, and billing logistics support;
  4. Any information provided by HWB is general, non-medical, and informational only, and is not medical advice and must not be relied upon as such.

Patient acknowledges being advised to consult with licensed medical providers of Patient’s choosing in Patient’s home country prior to electing to undergo any medical services.

2. INFORMED CONSENT AND INDEPENDENT DECISION‑MAKING

A. ELECTIVE AND/OR NON-EMERGENCY PROCEDURE ACKNOWLEDGMENT

Patient acknowledges and agrees that the medical services sought may include elective, cosmetic, wellness, preventative, diagnostic, therapeutic, or other non-emergency procedures, whether or not such services are medically indicated. Patient confirms that Patient has voluntarily chosen to travel internationally for such services and understands that the services are not sought on an emergency or urgent basis.

Patient further acknowledges and agrees that Patient has not relied upon HWB for medical judgment, diagnosis, prognosis, treatment recommendations, or determinations of medical necessity, and that all such determinations are made solely by the independent healthcare provider.

To the extent the services include cosmetic or aesthetic components, Patient acknowledges that outcomes are inherently subjective and may include dissatisfaction with results, the need for revision procedures, asymmetry, scarring, or other aesthetic concerns, none of which, standing alone, constitute negligence, wrongdoing, or liability on the part of HWB.

3. ASSUMPTION OF RISK (MEDICAL, TRAVEL, AND JURISDICTIONAL)

Patient understands and expressly assumes all known and unknown risks associated with medical treatment, surgical procedures, anesthesia, post‑operative care, complications, travel, and receiving medical services outside of the United States.

Patient expressly assumes risks associated with differences in medical standards, licensing requirements, regulatory oversight, malpractice laws, insurance requirements, available remedies, emergency response protocols, language barriers, and enforcement of judgments in Mexico. Patient understands that legal rights and remedies available in Mexico may be materially different from or more limited than those available in the United States and voluntarily accepts those differences.

4. RELEASE AND WAIVER OF CLAIMS

To the fullest extent permitted by law, Patient irrevocably waives, releases, discharges, and covenants not to sue HWB and its past, present, and future officers, directors, members, managers, employees, contractors, affiliates, successors, and assigns from any and all claims, demands, damages, losses, liabilities, causes of action, or expenses of any kind, whether known or unknown, suspected or unsuspected, arising out of or relating to:

  1. medical services provided by any healthcare provider;
  2. travel to or from Mexico;
  3. complications, injuries, damages, or death;
  4. alleged negligence, malpractice, misrepresentation, failure to warn, or breach of duty;
  5. claims asserted under U.S. federal, state, or local law, including tort, medical malpractice, contract, consumer protection, or unfair competition theories.

Patient expressly waives any statutory or common‑law protections that would otherwise limit the scope of this release.

5. INDEMNIFICATION

Patient agrees to defend, indemnify, and hold harmless HWB from and against any and all claims, liabilities, damages, costs, and expenses (including attorneys’ fees) arising out of or related to Patient’s medical treatment, travel, or breach of this Agreement.

6. WAIVER OF UNITED STATES LAW AND FORUMS

To the maximum extent permitted by law, Patient waives the application of any United States federal, state, or local law, regulation, or judicial forum to any dispute arising out of or relating to this Agreement, Patient’s travel, or any medical services received. Patient agrees that the interpretation, enforcement, and resolution of all disputes shall be governed exclusively by the laws of Mexico and resolved solely through binding arbitration seated in Mexico.

7. MANDATORY BINDING ARBITRATION

Any and all disputes, claims, or controversies arising out of or relating in any way to this Agreement, Patient’s travel, medical services, or relationship with HWB or any healthcare provider, including claims of medical malpractice, negligence, fraud, personal injury, wrongful death, and the enforceability of this arbitration provision, shall be resolved exclusively by final and binding arbitration.

  1. Seat and Venue: Tijuana, Baja California, Mexico
  2. Governing Law: Laws of Mexico
  3. Language: Spanish (with certified translation if required)
  4. Arbitrator: One neutral arbitrator licensed to practice law in Mexico
  5. Exclusive Remedy: Arbitration shall be the sole and exclusive forum for dispute resolution

Patient knowingly and voluntarily waives any right to file or participate in any lawsuit, jury trial, or court proceeding in the United States or elsewhere.

8. WAIVER OF FAA AND U.S. ARBITRATION STATUTES

Patient expressly waives the application of the U.S. Federal Arbitration Act and any U.S. state arbitration statute. This arbitration agreement shall be governed exclusively by Mexican law.

9. CLASS ACTION WAIVER

All claims must be brought in Patient’s individual capacity only. Patient waives any right to participate in any class, collective, representative, or private attorney general action.

10. NOTICE AND LIMITATION PERIOD

Any claim or dispute must be submitted in writing to HWB within fifteen (15) days of the event giving rise to the claim. Any arbitration must be commenced within six (6) months of such event, or the claim shall be permanently barred.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by law, HWB’s total liability, if any, shall not exceed the amount paid by Patient to HWB for facilitation services. In no event shall HWB be liable for indirect, incidental, consequential, punitive, exemplary, or non‑economic damages, including pain and suffering or emotional distress.

12. ANTI‑SUIT INJUNCTION CONSENT

Patient consents to injunctive relief in Mexico to enforce this Agreement and waives any objection to such relief.

13. SEVERABILITY AND SURVIVAL

The provisions relating to arbitration, venue, governing law, release, limitation of liability, indemnification, and waivers shall survive termination of this Agreement. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

14. VOLUNTARY EXECUTION

Patient acknowledges having read and understood this Agreement in its entirety, having had the opportunity to consult independent legal counsel, and voluntarily agreeing to be bound by its terms.