Participation in Dolphin Movement, LLC Events, Classes, Workshops, online home study courses, and personal sessions
AGREEMENT, INCLUDING ASSUMPTION OF RISKS, RELEASE AND INDEMNITY
Please read this document carefully. It affects your legal rights concerning any unexpected events from participation in all events, classes, workshops, trainings, home study courses, and retreats, taught and/or organized online or in person by Dolphin Movement, LLC (“Dolphin Movement”) and its principal, Devi Prem.
I as the participant, client, or online user of the Dolphin Movement, LLC offerings agree as follows:
Dolphin Movement, LLC and Devi Prem are only responsible for the orderly presentation of the course, and I am solely responsible for my own participation, including my own physical, mental and emotional wellbeing. All course activities are voluntary. It is my own choice to participate in each activity to whatever degree I deem appropriate after due consideration of my own personal health, physical abilities, medical condition, mental and emotional state. I further understand that the coursework may be physically, mentally and emotionally strenuous. To the extent I choose to participate, I do so at my own risk and assume full responsibility for any physical, mental, or emotional injuries that may occur during, as a result of or after my participation.
Activities and Risks:
Participants will be engaged in a variety of activities, including, but not limited to, meditation, yoga, dance, exercise and movement. The risks of these activities include, among others, the following: pain caused by moving on a hard floor; swinging into and otherwise colliding with other participants; persons dancing out of control or beyond personal limits; overexertion; overstretching; dehydration; exacerbation of pre-existing injuries, medical conditions and psychological conditions; inadequate physical and/or psychological conditioning; and the negligence of other participants and other persons who may be present. Risks particularly include, but are not limited to, slips and falls, strains, collisions, hitting, or bumping into walls and mirrors and other participants, or being hit or bumped into by other participants, heart-attack and potential of death. While the teacher seeks to manage the risks of dancing, yoga, meditation and other activities involved, she is not aware of a participant’s fitness or abilities or psychological conditions.
I understand that risks such as, but not limited to, those described above are inherent in dancing and moving, yoga and meditation and in the participation in these classes and events and cannot be eliminated without jeopardizing the essential qualities of the activity.
I understand that these classes and events are not a substitute for medical or psychological treatments and that I am fully responsible for my own (or my child’s) physical, emotional, mental and psychological health. I hereby certify that I (or my child) am physically and emotionally fit and mentally stable.
Because the classwork seeks to explore the self as a whole and intends to offer you, the participant, a holistic experience, it might include being touched or physically supported. Any touch offered or given by or to other participants or the teacher will be carried out with your permission and with the utmost integrity and respect. Neither Dolphin Movement nor Devi Prem is liable for the inappropriate behavior of participants. You are at all times free to be touched or not. If you experience unwanted touch, please inform the facilitator.
I agree to behave with integrity and treat the facilitator and all participants with full respect and dignity. I understand that events conducted by Dolphin Movement or Devi Prem offer equal rights and respect to all genders, races, sexual orientations and disabilities.
I will treat any information shared with me by other participants as strictly confidential.
Assumption of Risks: I accept and assume all the risks of dancing, yoga and participating in this event, inherent or not, and whether or not described above. If the participant is a minor, I have explained the risks to him or her. My, or the child’s, participation in this activity is purely voluntary, and I, or the child, elect to participate in spite of the risks.
Use of Materials and Concepts
Many of the concepts employed have evolved over decades of research and development and remain the intellectual property of Dolphin Movement and Devi Prem. I acknowledge and agree that, as a course participant, I am licensed to use such materials and content strictly for my personal development and will not reproduce, sell, loan, disclose or otherwise make such materials, content and information available to others without the prior written consent of Dolphin Movement and Devi Prem.
Privacy Waiver and Royalty Release
I acknowledge and agree that audio recordings, video recordings and/or photographs may be made of any or all portions of my course participation and that such depictions may be used without my prior review or knowledge whether for this course or other programs, for internal teachings and course development and/or advertising or commercial purposes. I hereby expressly consent to the above-stated uses of any such visual, audio, or photographic depiction(s) of myself. I waive any privacy or royalty rights I may have and further authorize the use of my name and corporate or professional identity, if any, in connection with the above-stated purpose.
Unless noted below, I hereby warrant that I am of lawful age and capacity to consent. I have read and understood the foregoing, and freely enter into this agreement with the understanding that it binds my heirs, personal representatives, successors, and assigns, and that it inures to the benefit of Dolphin Movement, Devi Prem, any and all instructors, facilitators, trainers, employees, licensees, associates and suppliers of Dolphin Movement, other participants and the owner of the space in which any activities are conducted and its employees, facilitators, instructors, trainers, suppliers, licensees, and associates. This agreement shall be governed by California law. If any provision is void or unenforceable, all remaining provisions shall remain in full force and effect. Siskiyou County, California shall be the only proper venue for any litigation instituted as a result of the activities contemplated by this agreement or for any interpretation of this agreement.
Release and Indemnity:
In consideration for my being able to participate in and use of the resources this course, class, event, program and or workshop makes available to me, I, an adult, or parent or guardian of a minor, on behalf of myself, the minor and our respective heirs, personal representatives, successors and assigns (collectively, the “Releasors”), do hereby voluntarily, irrevocably and unconditionally release and forever discharge and agree to indemnify, hold harmless and defend (that is, defend and protect, including by paying or reimbursing claims, costs and attorneys’ fees) Dolphin Movement, Devi Prem, any and all instructors, facilitators, trainers, employees and licensees of Dolphin Movement, fellow course participants, outside vendors retained by Dolphin Movement and/or Devi Prem, including the owner of the space in which any such course, class, event, program and/or workshop is conducted, food suppliers, photographers, videographers, speakers, trainers and other subcontractors, from and against any and all causes of action, claims, demands, damages, judgments, liability for any loss, property damage, personal injury, illness or death, and all costs and expenses, including, without limitation, attorneys’ fees, of any kind or nature whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, fixed or contingent, liquidated or unliquidated, which any of the Releasors may at any time have or hold arising from, attributable to or resulting from participation by myself or such minor in such course, class, event, program and/or workshop or while on any premises used for such course, class, event, program or workshop conducted by Dolphin Movement or Devi Prem, including, but not limited to, facilities located in Mount Shasta, California and Ashland, Oregon.
I, an adult, or parent of a minor hereby voluntarily release, forever discharge, and agree to indemnify (that is, defend and protect, including by paying or reimbursing claims, costs and attorneys fees) the teacher and any assistances, the space owner, and all other persons or entities acting in any capacity on behalf of the class organization (“Released Parties”) from any and all claims, demands, or causes of action, which are in any way connected with my, or the minor’s, participation in this class. The agreement of indemnity is intended to include claims arising out of health issues or losses suffered by me (an adult participant or Parent) or the child and health issues or losses caused by me or the child. The agreements of indemnity and release include claims of negligence of a Released Party, but not gross negligence or intentionally wrongful acts.