By registering for this MTO Tamarkoz Association’s (“MTOTA”) Tamarkoz Retreat (“Event”), the registrant named herein below (“Participant”), in consideration of the benefit of participating in such Event, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby acknowledges, represents, warrants and agrees as follows, with the knowledge that the MTOTA will rely on the warranties and obligations contained herein:
- Assumption of Risk. The Participant hereby assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with Participant’s voluntary participation in the Event. Participant accepts full responsibility for any liability, illness, injury, loss, damages or death in any way connected with his or her participation in the Event and acknowledges that participation in the Event is at Participant’s sole risk. The Participant further acknowledges and agrees that he or she understands the nature of the presented classes at the Event; that he or she is voluntarily participating in the Event during which he or she will receive information and instruction about Tamarkoz meditation which may require him or her to do various physical movements, such as sitting, standing and walking, etc; that the Participant is in good health and in good physical, emotional and mental condition to participate in this Event; and that there may be certain inherent risks and dangers associated with the Event such as physical and/or emotional injury, damage, disability and/or, under rare circumstances, death. Meditation and mindfulness activities may sometimes not be entirely risk-free for some participants. Consultation with your physician or other appropriate health-care professional is highly recommended before commencing any form of exercise, meditation and mindfulness activities. If Participant is participating in the Event, the Participant is solely responsible for seeking and obtaining medical clearance to participate. If Participant decides to participate in the Event, whether with or without medical clearance, the Participant is doing so at his or her own risk, including risks of physical and/or emotional injury, damage, disability, or death.
- Age of Participant. Participant is an adult who is at least 18 years old.
- Use of Information/Recordings Release. MTOTA may record and take photographs and may publish the contents of the audio or video recordings of the Event. In consideration of the Participant being permitted to participate in the Event, Participant hereby grants and authorizes MTOTA the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all photograph(s), video(s) and/or audio(s) taken of the Participant at the Event to be used for any lawful purpose, including, but not limited to presentations, courses, online/internet videos, media, social media, press, and in diverse settings with an unrestricted geographic area. This authorization extends to all languages, media, formats, and markets now known or later discovered. This authorization waives the Participant’s right to inspect or approve the finished product wherein the Participant’s likeness appears. Participant waives any royalties or other compensation arising or related to the use of his/her image(s) and/or video/audio recording(s). There is no time limit on the validity of the terms of this information/recording release.
- General Release and Waiver of Claims. In consideration of the Participant being permitted to participate in the Event, and to the fullest extent permitted by law, the Participant, by enrolling in the Event and by his or her participation in such an Event, voluntarily releases, waives, discharges and gives up, in advance of any participation in the Event, any claims and causes of action of any and all kind whatsoever that the Participant may be entitled to assert against MTOTA, Instructors, and Third-Party Participants, and any of their current or future respective parent companies and subsidiaries, shareholders, members, directors, officers, employees, contractors, volunteers, lessors, vendors, agents or other related parties, other participants in the Event and all others, as applicable, and releases all of the foregoing from any and all liability for injury, death, damage or loss suffered by Participant while participating in the Event. This paragraph shall be inclusive of, but not limited to, any injury or death, whenever, wherever, or however the same may occur, which may result from the activities in the Event, the class or classes, exposure to food or beverage allergies, communicable diseases, illnesses of any kind, food borne illnesses, theft of or damage to Participant’s property, transportation or commute, exposure to adverse weather conditions, choking, or engaging in any other activities incidental thereto, which result from the negligence of those released in this Release.
- Section 1542 Waiver. Participant hereby acknowledges that he or she has read the provisions of California Civil Code, Section 1542, which provides as follows: “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 and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
In the event that any waiver, release, relinquishment, or discharge set forth in this Agreement, or under or pursuant to California Civil Code Section 1542, should be judicially determined to be invalid, voidable or unenforceable for any reason, the release, relinquishment or discharge to that extent shall be severable from the remaining provisions of this Agreement. Participant, having read the said code Section above, hereby expressly waives any rights he or she may have thereunder, as well as under any other statutes or common law principles of similar effect, including but not linted to the release of unknown and unsuspected claims hereunder.
- Indemnification and Hold Harmless. In consideration of the Participant being permitted to participate in the Event, the Participant hereby agrees to INDEMNIFY, DEFEND AND HOLD MTOTA HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Event, except for those arising out of willful misconduct, gross negligence or intentional torts, as applicable.
- Intellectual Property Rights. MTOTA authorizes the Participant to use the content of the Event (“Content”) solely for personal, noncommercial use. The Content is protected by copyright under both United States and foreign laws. Under no circumstances will the Participant’s access to, or use of the Content result in him or her obtaining any right, title or interest in the Content, or any portion thereof. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided otherwise, no portion of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of MTOTA, which may be withheld in MTOTA’s sole and absolute discretion. MTOTA reserves all rights under copyright, trademark, and other applicable laws to the Content.
- Cancellation and Force Majeure. MTOTA hereby reserves the right to cancel the Event for any reason. Additionally, in the instance that the Event has commenced, MTOTA may cancel the remainder of such Event if, in the opinion of MTOTA, there is sufficient reason to believe that the Participant may be in danger of injury or loss. This paragraph includes, but is not limited to, any act of God or unforeseeable event, such as natural disasters, pandemics, riots, acts of governing authorities, or otherwise. In the event of cancellation of the Event, MTOTA shall, at its own discretion, refund a portion of the monies paid by Participant (less incurred costs and non-refundable deposits), reschedule the Event, or offer an alternative to the Participant within a reasonable time of such cancellation.
- General Provisions/Severability. The provisions of this Agreement can only be modified by a written instrument executed by an authorized agent of MTOTA. The Participant’s intent is to give full legal validity to this Agreement and to bind the Participant, and their respective heirs, executors, administrators, successors and assigns. If any part of this Agreement is deemed to be invalid, this Agreement shall remain in full force and effect on its remaining terms and conditions. The Participant fully understands this Agreement, and is giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital.
- Governing Law and Arbitration. The construction and meaning of the terms and provisions of this Agreement shall be interpreted in accordance with the laws of the United States and specifically, the laws of the State of California. Any dispute arising out of or relating to this Agreement, including without limitation, the validity, interpretation, performance, or breach thereof, shall be settled by arbitration in Yolo County, City of Davis, California, and shall be done so pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered before an appropriate court in that state of venue.
- Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. MTOTA has put in place preventative measures to reduce the spread of COVID-19; however, MTOTA cannot guarantee that you will not become infected with COVID-19. Further, attending MTOTA’s Event could increase the Participant’s risk of contracting COVID-19. By reading this agreement, the Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he or she may be exposed to or infected by COVID-19 by attending the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of the Participant and others, including, but not limited to, MTOTA’s employees, volunteers, and other Event participants. Participant voluntarily agrees to assume all of the foregoing risks and accepts sole responsibility for any injury to himself or herself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that the Participant may experience or incur in connection with his or her attendance at the Event (“Claims”). On the Participant’s behalf, and on behalf of the respective heirs, executors, administrators, successors and assigns, the Participant hereby releases, covenants not to sue, discharges, and holds harmless MTOTA, its employees, agents, volunteers, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. Participant understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of MTOTA, its employees, agents, volunteers, and representatives, whether a COVID-19 infection occurs before, during, or after participation at the Event.
By signing this release, I acknowledge that I am at least 18 years old, that I have completely and carefully read and fully understand the above agreement, and voluntarily agree to be bound by its terms. I further acknowledge that I am giving up substantial rights by agreeing to the provisions of this Agreement.