Waiver & Release
Mindvalley Certified Hypnotherapist LIVE Workshop
Main venue: IILEC Conference Centre, London.
47 Lillie Road, London SW6 1UD
Dates: September 3rd, 2022
In connection with and as a condition to the undersigned’s attendance and participation at Mindvalley Certified Hypnotherapist Live (the “Event”), the main program taking place at IILEC Conference Centre, London, conducted by Mindvalley Inc, Mindvalley OU (the “Mindvalley”) and Evercoach Inc organizers, the undersigned confirms, acknowledges and agrees to the following terms and conditions (the “Waiver and Release”):
Content
The education and information given at the Event is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. I hereby acknowledge that the Event and any activities and presentations taking place during the Event do not involve the diagnosis or treatment of mental disorders or medical conditions, and that the Presenters (defined below) are not licensed professionals and any activities and presentations taking place during the Event shall not to be used as a substitute for medical treatment, counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, financial, tax or other qualified professionals and that it is my sole and exclusive responsibility to seek such independent professional guidance, as needed. If I am currently under the care of a mental health professional, I shall promptly inform the mental health care provider of the nature and extent of the Event. I understand and acknowledge that Mindvalley and the Event organizers shall not bear any responsibility, whatsoever, for my medical conditions, including, without limitation, disability, allergies, or psychological conditions.
The materials presented are proprietary, copyrighted and cannot be copied or replicated and are not for resale. I agree not to record any portion of the Event via audio or video. I understand that still photography is permissible.
I hereby knowingly and voluntarily assume any and all risks and do agree and acknowledge that my participation in the Event and any of the events or programs associated with the Event is of my own free will and completely voluntary, regardless of anything stated or implied.
I agree not to teach others any of the activities conducted at the Event unless I am fully trained and qualified and earn my living doing so.
While some of the individuals putting on presentations (the “Presenters”) at the Event are participating with the consent of Mindvalley, Mindvalley assumes no responsibility for accuracy or appropriateness of any information provided at the Event by the Presenters. Further, should the undersigned choose to enter into any contractual relationships with any of the Presenters at or subsequent to the Event, the undersigned does so at their own risk, and acknowledges that Mindvalley has neither responsibility for, nor liability with regard to, any contracts or relationships entered into between the undersigned and any third-party Presenter and/or other attendees at the Event.
In consideration of the opportunity to attend the Event, the undersigned releases Mindvalley, its representatives, including, without limitation, officers, directors, employees, agents, administrators, successors, assigns, and volunteers (“Representatives”), and their respective heirs, successors and assigns from any claims which the undersigned may have arising out of or in any way related to participation in the Event or any relationships (contractual or otherwise) entered into with any Presenter and/or other attendees at the Event.
RIGHT TO USE NAME & LIKENESS
I understand and acknowledge that the Event is being recorded and photographed and that my image and likeness may end up in such a recording and/or photo. I hereby authorize and grant to Mindvalley and their Representatives a permission to use my likeness, including, without limitation, name, photograph, voice, and/or testimonial (“Likeness”). I hereby waive all rights I may have to any claims or demands for any compensation, payment, or royalties in connection with the use of any of such Likeness, regardless of the purpose of such use, and regardless of whether a fee is charged or collected by Mindvalley for any product and/or service in connection with such use.
RELEASE & LIABILITY WAIVER
In consideration for and as a condition to my attendance and participation at the Event, I, my representatives, including, without limitation, my heirs, administrators, successors and assigns, do hereby release, waive, acquit, indemnify, defend, hold harmless and forever discharge Mindvalley, its Representatives, subsidiaries, and any of the training instructors, speakers, presenters, guides, staff or students taking part in the Event in any way, as well as the venue where the Event is being held and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions and liabilities, including, without limitation, contracts, claims, suits, costs, demands, proceedings, and damages of whatever nature or kind, in law or in equity, arising out of or related to my participation in the Event, including, without limitation, release from any property damage or any personal injury claims (including severe or fatal injury to myself or others).
I am responsible for conducting myself in an appropriate manner and I am fully responsible for any and all decisions I make in connection with the Event and I alone will determine which activities I will participate in. I further understand that I do not have to participate in any activity and I may withdraw myself from participation at any time. I agree I will use my own free will and discretion, considering my physical and mental health when deciding if it is appropriate for me to participate in any activity. I assume the full risk for any activities that I choose to participate in at the Event.
The possession or use of illegal or illicit drugs and any other controlled substances at the Event is strictly prohibited. Since the Event includes alcoholic beverages, I agree to drink alcohol responsibly. In the event of excessive alcohol consumption, I agree to accept full responsibility and liability for intoxication and/or alcohol poisoning from the alcohol I consumed, whether voluntarily or through coercion, my actions, any violent or inappropriate behavior as a result of drinking alcohol, any and all damage or injury caused to myself or others as a result of the excessive alcohol consumption.
I will respect the individual rights, safety, and property of others and I won’t use unwanted verbal or physical behavior, including offensive or derogatory language and harassment of a sexual or other nature.
I understand that Mindvalley does not provide health, accident or life insurance protection for participants. I agree to be solely responsible for having my health, accident or life insurance protection, and for the payment(s) related to any health issue or accident, medical or hospital care, including, without limitation, the cost of transportation by an emergency medical vehicle.
The Parties hereto agree that any dispute arising out of, concerning, or involving the interpretation, construction, or meaning of any provision of this Waiver and Release, or the rights, obligations or liabilities of any Party to this Waiver and Release (and/or third-party beneficiary, if any) that is not resolved by the Parties through negotiation shall be submitted to arbitration in Santa Clara County, California, in accordance with the commercial rules of the American Arbitration Association. The Parties to any such dispute shall use their collective best efforts to promptly schedule and conduct the hearings before such arbitrators, with a view toward concluding such arbitration proceedings not later than ninety (90) days from the first submission of the dispute to arbitration. In addition to, and not in lieu of, arbitration as a means of dispute resolution hereunder, either Party shall be entitled to seek to obtain any provisional remedy, including, without limitation, injunctive or similar relief, before any court of competent jurisdiction within the State of California as may be necessary to protect such Party’s rights and interests. The Parties hereby agree that an arbitrator duly appointed to resolve disputes between the Parties as per this Waiver and Release or appointed by a court shall have the authority to stay any and all enforcement proceedings commenced in any court by any Party. In connection with any arbitration pursuant to this section, the arbitrators shall award to the prevailing Party all of its arbitration costs and expenses. “Costs and expenses” shall mean all reasonable pre-award and post-award expenses, including, without limitation, witness fees, reasonable attorneys’ fees, all fees of the arbitrators, and the cost of any transcripts, based upon and taking into account the arbitrators’ determination of the merits and good faith of the Parties’ claims and defenses in the subject proceeding. Any process or other papers hereunder may be served by registered or certified mail, return receipt requested, or by personal service, provided that a reasonable time for appearance or response is allowed. Any award shall be final and not subject to appeal and the Parties hereby waive all challenge to any award by the arbitrators under this section. The decision of the arbitrators shall be final and binding on the Parties hereto and may be presented by any Party hereto for enforcement in any court of competent jurisdiction. In any such enforcement action, irrespective of where it is brought, the Parties subject to this arbitration provision herein will not (and the Parties hereby waive any right to) seek to invalidate or modify the decision of the arbitrators or otherwise to invalidate or circumvent the procedures set forth in this section. Disputes may only be resolved on an individual basis, and I may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
I hereby acknowledge that I am fully aware that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 and its variants (collectively, “COVID-19”) are extremely contagious and are 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.
Compliance with All COVID-19-Realted Rules
I agree to obey all the rules and regulations applicable to the Event and instructions provided by the Mindvalley and Event organizers during my participation in the Event. While Mindvalley will use its best efforts to keep me informed and updated on the COVID-19 guidelines, rules, and regulations, I should not rely on Mindvalley’s guidance, and it is my sole responsibility to conduct my own research on applicable COVID-19 guidelines, rules and regulations. Additionally, I understand and acknowledge that COVID-19 guidelines, rules and regulations are subject to change, as COVID-19 and its consequences develop quickly, so I must always stay informed on any applicable COVID-19 guidelines, rules and regulations.
While I understand that I can choose to wear a mask during the Event, there might be participants who would choose not to wear a mask, and I give my informed consent to participate in the Event with participants not wearing a mask. Additionally, while I understand that I can choose to get vaccinated against COVID-19, there might be participants who would choose not to get vaccinated, and I give my informed consent to participate in the Event with participants not vaccinated against COVID-19.
I hereby represent and certify that as of the time of attending the Event:
- I have not experienced any symptoms of COVID-19, including, without limitation, dry cough, fever, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of sense of smell and/or taste;
- I have not been advised by a physician that I am COVID-19 positive or I have not tested positive in the past 14 days;
- I have not been around anyone in the past 14 days that tested positive for COVID-19 or experienced symptoms of COVID-19;
- I am physically able to participate in the Event, while following all safety rules put in place by Mindvalley, Event organizers, as well as the local government.
I am aware of the fact that Mindvalley has put in place preventative measures to reduce the spread of COVID-19; however, I understand and accept the fact that Mindvalley cannot guarantee that I will not become infected with COVID-19 while participating in the Event. Further, I am aware of the fact that participating in the Event could increase my risk of contracting COVID-19, regardless of whether I have been vaccinated or not for COVID-19. I shall immediately remove myself, report to Mindvalley and Event organizers, and conduct a PCR test, if I begin experiencing any of the COVID-19 symptoms. If I test positive for COVID-19, I shall quarantine for as long as required by the local laws, rules, and regulations. I understand and acknowledge that I am solely responsible for all the fees and costs incurred during the quarantine, including, without limitation, the PCR tests, hotel/accommodation expenses, flight changes, hospital and medical bills.
By signing this Waiver and Release, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 during the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other Event participants, employees, volunteers, and contractors.
Assumption of Risk
I fully understand that there are dangers, inherent and otherwise, in the Event during the COVID-19 pandemic. I further understand that my participation in the Event may expose me to the risk of personal injury or death and/or causing me to acquire COVID-19 and transmit it to others. I hereby acknowledge that I am participating of my own free will in the Event and I agree to assume the full risk of any injuries and/or damages and/or losses of any kind, regardless of severity and including death, that may occur in connection with my participation in the Event. I further fully assume any liability for myself and for anyone else I might have transmitted COVID-19 to due to my participation in the Event.
I voluntarily agree to assume all of the forgoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation in the Event (the “Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Mindvalley and its Representatives of and from the Claims, including, without limitation, all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this Waiver and Release includes any Claims based on the actions, omissions, or negligence of Mindvalley and its Representatives, whether a COVID-19 infection occurs before, during, or after participation in the Event.
Cancellation and Refund Policy
I understand that I am solely responsible for booking flexible flight tickets and accommodations in the event a last-minute cancellation of the Event takes place due to COVID-19. I understand and acknowledge that any refundable or non-refundable expenses and costs incurred by me are not Mindvalley’s responsibility and will not be refunded or reimbursed by Mindvalley. I understand that I can request a full refund for the Event ticket only up to thirty (30) days before the start date of the Event.
While Mindvalley team will do their best to share information regarding travel requirements for Estonia, I understand and agree that I shall take the full responsibility to do my own research on COVID-19 travel requirements to Estonia and other countries in transit and to make sure that I have all the required documents prior to arriving in Estonia. I acknowledge that failure to have the required documents required by local authorities to enter Estonia and/or access the Event may result in me being prohibited to enter Estonia and/or participate in the Event, resulting in the forfeiture of my ticket.
I fully understand that when it comes to my hotel room/accommodation reservations, I have to directly contact the hotel/accommodation provider for any reservation changes or cancellations. I acknowledge that Mindvalley is not responsible in any manner, for my travel and accommodation expenses and costs, including, without limitation, any expenses and costs due to hotel room reservation changes or cancellations.
Waiver and Release of Liability
I, intending to be legally bound for myself and my heirs, personal representatives, next of kin, and anyone who might make a claim on my behalf, hereby waive, release, and discharge Mindvalley and its Representatives from any and all Claims for damages and/or liability, whether caused by any negligent act or omission of Mindvalley, or its officers, agents, employees, and/or volunteers, or otherwise related to my participation and promise not to sue Mindvalley or its Representatives for any damages I incur in connection with the Event. This Waiver and Release extends to all Claims of every kind or nature, whatsoever, foreseen or unforeseen, known or unknown.
I acknowledge and agree that this Waiver and Release is binding upon my heirs, assigns and legal representatives. I agree that this Waiver and Release is intended to be as broad and inclusive as is permitted by the laws of the State of California. I further agree that this Waiver and Release is severable and that if any clause is found invalid, the other provisions of the Waiver and Release will remain in effect, valid, and enforceable.
Compliance With Laws
I understand and acknowledge that my participation in the Event and all my actions or omissions must be in strict compliance with all the applicable federal, state, and local laws and regulations, including, without limitation, Mindvalley guidelines and recommendations.
PARENT/LEGAL GUARDIAN’S WAIVER, RELEASE AND INDEMNIFICATION
In consideration of a minor (the “Minor”) being permitted to participate in the Event, the undersigned parent/legal guardian of the Minor further agrees to release, waive, discharge and covenants not to sue Mindvalley and Mindvalley University for any and all loss, damages, claims or demands on account of injury or illness to the person or property of Minor, or resulting in the death of the said Minor which may result from the said Minor’s participation in activities at the Event. The undersigned parent/legal guardian acknowledges that such activities will involve interaction of the Minor with persons of all ages and genders, and that certain activities may be considered to include adult content, and further consent to the Minor’s participation therein. The undersigned parent/legal guardian of said Minor hereby incorporates and adopts the representations, acknowledgements, understandings, waivers, releases and agreements set forth hereinabove as though set forth in full herein. The undersigned parent/legal guardian of said Minor further agrees to indemnify and hold harmless Mindvalley and Mindvalley University from any and all claims which are brought by or on behalf of Minor, and which are in any way connected with Minor’s participation in the Event and any associated activities.
MISCELLANEOUS
If any one or more of the provisions contained in this Waiver and Release shall be invalid, illegal, or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, I agree that I shall negotiate in good faith to modify this Waiver and Release.
I INDICATE BY MY SIGNATURE BELOW THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE WAIVER AND RELEASE AND ACKNOWLEDGE THAT I HAVE UNDERSTOOD IT AND AGREE TO BE BOUND BY ITS TERMS AND I SIGN IT OF MY OWN FREE WILL. NO REPRESENTATIONS, STATEMENTS OR INDUCEMENTS, ORAL OR WRITTEN, APART FROM THE FOREGOING WRITTEN STATEMENT, HAVE BEEN MADE.
I further acknowledge and understand that I have the right to seek independent legal advice at my own expense or to propose modifications prior to signing this Waiver and Release and have negotiated proposed modifications to the extent I deem necessary. I represent and warrant that I have signed this Waiver and Release voluntarily and after consulting with whomsoever I wish.
When this Waiver and Release is signed, the undersigned and/or Minor will be able to participate fully in the Event.