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This Participant Waiver, Release of Liability, and Assumption of Risk Agreement ("Agreement") is entered into by and between Dharma Alive Incubator, a California nonprofit organization in the process of 501(c)(3) registration ("DAI"), and the undersigned individual ("Participant"). By registering for or participating in any class, workshop, event, or program offered by DAI, whether online or in person (collectively, "Program"), Participant acknowledges having read, understood, and agreed to all terms of this Agreement.

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1. VOLUNTARY PARTICIPATION AND HEALTH RESPONSIBILITY

Participant acknowledges that DAI programs may include, without limitation: seated and moving meditation, mindful movement, Feldenkrais® Method, yoga, somatic education, breathwork, and other contemplative or wellness practices (collectively, "Activities").

Participant expressly represents and warrants that: (a) participation is wholly voluntary; (b) Participant is in adequate physical and psychological health to participate in the Activities; (c) Participant will engage only within their personal limits and will immediately cease any Activity that causes pain, discomfort, dizziness, shortness of breath, or emotional distress; and (d) Participant will consult a licensed healthcare provider before participating if any doubt exists regarding Participant’s fitness to do so.

PARTICIPANT UNDERSTANDS THAT DAI PROGRAMS DO NOT CONSTITUTE MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC TREATMENT AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. NOTHING IN THESE PROGRAMS CREATES A THERAPEUTIC, CLINICAL, OR FIDUCIARY RELATIONSHIP BETWEEN PARTICIPANT AND DAI OR ITS INSTRUCTORS.

 

2. ASSUMPTION OF RISK

Participant acknowledges that participation in the Activities involves inherent risks that cannot be eliminated, including but not limited to: physical discomfort, strain, or injury; aggravation of pre-existing physical or psychological conditions; emotional release or psychological distress; and technical failures or interruptions in online programs.

Participant knowingly and voluntarily assumes all such risks, whether known or unknown, foreseen or unforeseen, including those arising from the negligence of DAI or any Released Party (as defined below), to the fullest extent permitted under applicable law.

 

3. RELEASE OF LIABILITY AND INDEMNIFICATION

To the fullest extent permitted by California law, Participant, on behalf of themselves and their heirs, personal representatives, assigns, and successors, hereby releases, waives, discharges, and covenants not to sue Dharma Alive Incubator, its officers, directors, employees, instructors, volunteers, independent contractors, affiliated organizations, agents, and successors (collectively, “Released Parties”) from any and all claims, demands, causes of action, damages, losses, costs, and expenses of any kind—whether based in contract, tort (including negligence), strict liability, or any other legal theory—arising out of or in any way related to Participant’s participation in any Program or Activity.

Participant further agrees to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from: (a) Participant’s breach of this Agreement; (b) Participant’s negligence or willful misconduct; or (c) any claim by a third party arising from Participant’s conduct during a Program.

Nothing in this Agreement shall be construed to release any Released Party from liability for fraud, willful injury, or violation of law pursuant to California Civil Code § 1668, or for gross negligence pursuant to California Civil Code § 1668.

 

4. MEDIA RELEASE

Participant grants DAI a non-exclusive, royalty-free, worldwide, perpetual license to photograph, video-record, or audio-record Participant’s image, likeness, voice, and name during any Program, and to use such recordings and materials for educational, archival, promotional, or other organizational purposes, in any medium now known or hereafter developed, without further consent or compensation, unless Participant opts out by emailing DAI at contact@dharmaaliveincubator.com with five (5) legible images faithfully representing your likliness.

This opt-out applies only to future Programs after written notice is received by DAI. DAI will make reasonable efforts to exclude Participant from recordings; however, DAI cannot guarantee exclusion in all circumstances.

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5. ONLINE PROGRAM ACKNOWLEDGMENTS

For online Programs, Participant acknowledges that: (a) DAI is not responsible for Participant’s personal environment, including physical space, equipment, or internet connectivity; (b) Participant is solely responsible for ensuring a safe and suitable environment for participation; and (c) recordings of online sessions made by Participant without DAI’s express written consent are prohibited.

 

6. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising under or related to this Agreement shall be resolved by binding arbitration administered in Santa Clara County, California, under the then-current rules of JAMS, except that either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction.

 

7. SEVERABILITY AND INTEGRATION

If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior representations or understandings. This Agreement may not be modified except by a written instrument signed by an authorized representative of DAI.

 

8. ACKNOWLEDGMENT OF UNDERSTANDING

PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, AND HAVE HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL BEFORE SIGNING. PARTICIPANT UNDERSTANDS THAT THIS AGREEMENT AFFECTS THEIR LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT.

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By typing my full legal name and completing registration, Participant affirms that: (i) they are 18 years of age or older, or have obtained written parental or guardian consent; (ii) they have read and understand this entire Agreement; and (iii) their typed name constitutes a legal electronic signature with the same effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001 et seq., and the California Uniform Electronic Transactions Act (UETA), Cal. Civ. Code § 1633.1 et seq.