RELEASE OF LIABILITY, WAIVER OF LEGAL
RIGHTS AND ASSUMPTION OF RISK
I understand that I am a voluntary and willing participant of
the Kalpataru YogaSM Program (the “Program”). I
hereby certify that I am not suffering from any physical,
mental, or psychological disorders or under the influence of
any medicines or substances that would interfere with my
ability to participate in the Program. I also state that I am
physically and mentally capable of carrying out any
instructions, yoga postures, kriyas, diets, meditations,
techniques, or other activities that are part of the Program. I
certify that I have obtained my doctor’s permission to
participate in the program and underwent the necessary
medical tests as requested by the Program organizers.
I am aware that some of the Program’s activities could cause
serious injuries, and I am voluntarily participating in these
activities with the knowledge of the danger involved.
On my own behalf, and on behalf of my heirs, personal
representatives and assigns, I HEREBY WAIVE, RELEASE,
DISCHARGE, HOLD HARMLESS, AND PROMISE TO
INDEMNIFY AND NOT TO SUE Nithyananda
Dhyanapeetam
of
Houston,
SPH Nithyananda
Paramashivam, Program Organizers, and/or anyone else
directly or indirectly involved in sponsoring, hosting,
administrating, marketing, teaching, organizing, managing,
or conducting the Program (collectively “Releasees”) for any
and all claims or demands arising out of any injury
(including death), any form of mental distress, property loss,
or other damages related to (i) my participation in the
Program, whether those risks are known or unknown, and
including BUT NOT LIMITED TO INJURIES, LOSSES OR
DAMAGES CAUSED BY THE NEGLIGENCE OR ACTS
OF THE RELEASEES TO THE MAXIMUM EXTENT
PERMITTED BY LAW, or (ii) the condition of the premises
in which the Program occurs, whether or not I am then
participating in the Program.
NO WARRANTIES OR GUARANTEE OF RESULTS: I
understand that the Program Organizers and any
organizations assisting in organizing this Program are doing
their best to make this Program possible and make it a good
experience. However, I waive any claims or responsibility
from all these Released Parties to fulfill any of my
expectations. I am willing and voluntarily participating in
this spiritual program with my spiritual community out of my
own interest. I understand that any and all blessings,
instructions, discourses, discussions, teachings, spiritual
guiding, advice, recommendations, suggestions, and the like
made as part of the Program (or as part of any
complimentary segment of the Program, such as but not
limited to live Akashic Readings) are purely in a spiritual
capacity and are not intended to be any sort of guarantee or
definitive statement about the past, present, or the future. I
understand that in connection with the Program, the Released
Parties do not make, and expressly disclaim and negate, any
claims, representations, promises, express or implied
warranties, or guarantees about the individual or group
outcome of the Program or that any particular result can be
obtained for me, including but not limited to any mental,
physical, emotional, spiritual, financial, or other results.
I further agree to indemnify and hold harmless all Releasees
from all claims, judgments, demands, or costs, including
attorney’s fees, incurred in connection with any action
brought as a result of my participation in the Program.
I expressly agree that this waiver and release is intended to
be as broad and inclusive as permitted by the laws of the
State of Texas, and that if any portion hereof is held invalid,
the remainder shall continue in full force and effect.
I AFFIRM I HAVE READ AND
UNDERSTOOD THE ABOVE WAIVER AND RELEASE
AND THAT I VOLUNTARILY, FREELY AND WITHOUT
DURESS AGREE TO ITS TERMS, THAT I HAVE THE
FULL RIGHT AND AUTHORITY TO SIGN THIS FORM
AND THAT I AM NOT A MINOR (UNLESS MY LEGAL
GUARDIAN SIGNS THIS FORM).
CONSENT & RELEASE REGARDING
RECORDINGS
By signing this form, I hereby grant to Nithyananda
Dhyanapeetam of Houston and anyone it designates the right
to record me at any Nithyananda Dhyanapeetam of Houston
event, by any means and in any format and media
(“Recordings”). (Recordings also include any testimonials I
submit to Nithyananda Dhyanapeetam of Houston.)
Nithyananda Dhyanapeetam of Houston will own the
Recordings, and I agree that it may utilize them however it
wants to, in whole or in part, anywhere in the world, and in
any format and media. I understand that Nithyananda
Dhyanapeetam of Houston is not required to use the
Recordings. I agree that Nithyananda Dhyanapeetam of
Houston may use my name, likeness, voice and biographical
information in connection with the Recordings, and I release
Nithyananda Dhyanapeetam of Houston and its affiliates
from any and all claims and causes of action that I may have
now or in the future for defamation, invasion of privacy, or
infringement of publicity or personality rights in connection
with the Recordings. I represent that (a) I have the full right
and authority to sign this form, (b) I am not a minor (unless
my legal guardian signs this form below), and (c) the rights I
grant to Nithyananda Dhyanapeetam of Houston under this
form will not be limited by any other contract or obligation.
CONTACT, NOTICES, AND COMPLAINTS
In the event of any grievance, I agree to address any such
grievance directly with Nithyananda Dhyanapeetam of
Houston first to informally resolve any such grievance. Any
notices, requests, complaints, grievances, claims, demands,
inquiries, questions, comments, or other issues relating to the
Program or this agreement shall be in writing and delivered
to Nithyananda Dhyanapeetam of Houston by mail to the
address below:
Nithyananda Dhyanapeetam of Houston
14140 Westheimer Rd.
Houston, TX 77077
GOVERNING LAW, FORUM & DISPUTES
This agreement shall be governed by and interpreted solely
in accordance with the laws of Texas and no other
jurisdiction. Any dispute involving the parties to this
agreement shall be brought solely within the State of Texas,
USA and shall be within the exclusive jurisdiction of the
courts of Houston, Texas, without giving effect to any choice
or conflict of law provision or rule, whether of the State of
Texas or any other jurisdiction. The parties agree to submit to
the exclusive jurisdiction and venue of the State of Texas,
city of Houston in all disputes arising out of or relating to
this Agreement, or the relationship between the parties. Each
party shall be responsible for their own attorney’s fees and
costs in the event of a dispute. If any portion of this
agreement is found to be invalid, it is agreed that the balance
shall, notwithstanding, continue in full force and effect.
MEDIATION
If any claim, dispute, or controversy arises
out of, is based upon, or relates to this agreement or breach
thereof, the Program or its related services, or my
relationship with the Released Parties, and if the dispute
cannot be settled through negotiation, I agree first to try in
good faith to settle the dispute by non-binding mediation
before resorting to arbitration or any other dispute resolution
procedure authorized herein. The mediation shall be
commenced by either party serving a written demand for
mediation in the manner set forth below. The mediation shall
be held in Houston, Texas before a mediator agreed upon by
the parties. The mediator’s fees will be split equally amongst
the parties. The good faith participation in mediation is a
prerequisite to any claim for attorney fees made at any
subsequent arbitration proceedings.
BINDING ARBITRATION: ANY CLAIM, DISPUTE, OR
CONTROVERSY ARISING OUT OF, BASED UPON, OR
RELATING TO THIS AGREEMENT OR ITS BREACH,
THE PROGRAM OR ITS RELATED SERVICES, OR MY
RELATIONSHIP WITH THE RELEASED PARTIES
SHALL BE SUBMITTED TO BINDING ARBITRATION
UPON THE WRITTEN REQUEST OF ONE PARTY
AFTER THE SERVICE OF THAT REQUEST ON THE
OTHER PARTY. THE PARTIES SHALL APPOINT ONE
PERSON TO HEAR AND DETERMINE THE DISPUTE.
IF THE PARTIES CANNOT AGREE, THEN THE STATE
OF TEXAS, COUNTY OF FRANKLIN SHALL CHOOSE
AN IMPARTIAL ARBITRATOR WHOSE DECISION
SHALL BE FINAL AND CONCLUSIVE ON ALL
PARTIES. THE PARTIES SHALL BEAR THEIR OWN
LEGAL FEES AND COSTS FOR ALL CLAIMS. THE
SOLE AND EXCLUSIVE VENUE FOR THE
ARBITRATION AND OR ANY LEGAL DISPUTE,
SHALL BE HOUSTON, TEXAS. COURT
I CONFIRM THAT I HAVE
READ AND UNDERSTAND THE ABOVE, AND
VOLUNTARILY AGREE TO BINDING ARBITRATION.
IN DOING SO, I VOLUNTARILY GIVE UP IMPORTANT
CONSTITUTIONAL RIGHTS TO TRIAL AS WELL AS
RIGHTS TO APPEAL.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM
AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY
HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE
RELEASED PARTIES.