By providing personal details such as contact details, phone number, address, email address and any other related details the student provides to register as a student of KAILASA Events, the student agrees to receive emails, phone calls, text messages or any other form of communication from KAILASA Events, its affiliates, staff, volunteers and any other person in association to facilitate its services, which may include, among other things, information on other classes and programs, promotions, newsletters, inspirational messages, registration information, any other service requests and suggestions, and tips about the Vedic/Hindu tradition. The student understands that a student may opt out of any such method of communication at any time by contacting [email protected].
Participant expressly releases THE SUPREME PONTIFF OF HINDUISM (SPH), BHAGAVAN SRI NITHYANANDA PARAMASHIVAM (“SPH”), KAILASA Events, their co-collaborators and their officers, directors, trustees, employees, volunteers, agents, organizers and event planners for this Program (“Program Organizers”), associates, affiliated entities, subcontractors, volunteers and each of their heirs, executors, administrators, and assigns, (collectively, the “Released Parties”) from liability for any personal injury, death, property damage, loss, delay, inconvenience or other matters due to negligence, wrongful acts, errors or omissions on the part of any third-party service providers (Service Provider). The Released Parties, therefore, shall not be liable for any breach of contract, failure to comply with any domestic or international laws, or any intentional, reckless, or negligent actions or omissions on the part of such Service Providers, whether in relation to non-Program Services or otherwise, which result in any loss, damage, delay, inconvenience, injury, or death to person or property.
RULES OF CONDUCT AND LAW: the student hereby agrees to follow all rules, regulations, and instructions of the Program Organizers while on this Program. The student agrees to at all times comply with such rules and standards of conduct and abide by all local laws when abroad, including those concerning drugs and alcohol and also the rules and regulations of the Program. The student agrees not to be a nuisance to or cause any loss, damage, injury, or death to person or property of others, including but not limited to Program volunteers, guides and other participants. The student understands and acknowledges that they are responsible for their own actions and, therefore, assume complete and full responsibility for, and hereby release the Released Parties from, any loss, damage, injury, or death to person or property of others whatsoever, however, caused by me.
The Program Organizers reserve the right to enforce reasonable rules and standards of conduct to facilitate the Program for participants’ well-being and enjoyment as well as for the well-being and enjoyment of others. The Program Organizers reserve the right to terminate participation in the Program at any time during the Program should participation interfere with the interests of the group. the student understands that if display of any disruptive, erratic and/or unstable behavior of any kind, Releasees may ask the participant to leave the Program without notice at any time. the student promises to abide by any such requests.
CERTIFICATION OF HEALTH: The student hereby certifies that they are not suffering from any physical, mental, or psychological disorders or under the influence of any medicines or substances that would interfere with their ability to participate. The student also states that they are physically and mentally capable of carrying out any instructions, yoga postures, initiations, kriyas, diets, meditations, rituals, techniques, field trips, community service or other activities. The student understands and acknowledges that the KAILASA Events program cannot assume responsibility for determining the medical, dental, or health condition. Therefore, the student has consulted with a medical doctor and/or dentist, as the student has deemed necessary, with regards to individual medical or dental issues or needs, and finds themself physically and mentally fit to participate. The student hereby understands that they are responsible for their own health before, during, and after the Program.
ASSUMPTION OF RISKS, RELEASE OF LIABILITY, AND INDEMNITY: The student understands and agrees that during this Program, the student may be exposed to certain known and unknown risks, dangers, hazards and liabilities, including but not limited to the acts or omissions of third parties (including locals, other travelers, Program participants, and Service Providers); the negligence or reckless acts or omissions of the Released Parties; the forces of nature and natural disasters; injury due to the movement of the earth, ocean, or other prevalent conditions; exposure to infectious and other communicable diseases; loss of personal property; injury resulting from medical treatment received while traveling; injury resulting from excess or unprotected exposure to sunlight; and accident or illness in remote places without access to medical facilities, transportation, or means of rapid evacuation assistance. The student further understands that the Program’s activities could cause serious injuries, including but not limited to mental or emotional distress, physical injury, disability, or death, losses, inconvenience, property damage, or other damages.
The Released Parties shall not be responsible for any injuries, losses, or damages caused to the student in connection with any of the above and/or terrorist activities; social or labor unrest; strikes or government restrictions; local laws; health advisories, mechanical or structural integrity of air, sea, and land transportation and accommodations; diseases; climatic conditions; delays, changes, or cancellation of travel due to weather conditions; accidents or health-related problems before or while-in-transit to (e.g., an accident on the way to a trip), during, and after a Program; or any other actions, omissions, or conditions beyond the control of the Released Parties. The student is willingly and voluntarily participates with the knowledge of the risks, dangers, hazards, and liabilities involved. The student freely accepts and fully assumes all of the above risks and any legal responsibility for any injuries, losses, or damages that may arise from such risks as a result of or in connection with this Program, whether those risks are known or unknown.
In consideration of allowing to participate, the student, ON BEHALF OF THEMSELF, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE, AND HOLD HARMLESS THE RELEASED PARTIES, FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEBTS, ACTIONS, SUITS, COSTS, ATTORNEYS’ FEES, EXPENSES OR DEMANDS AND ALL LIABILITY WHATSOEVER ARISING OR THAT MAY ARISE AS A RESULT OF THEIR PARTICIPATION IN THIS TRIP/PROGRAM DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENT OR RECKLESS ACTS OR OMISSIONS, ON THE PART OF THE RELEASED PARTIES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASED PARTIES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF THE PROGRAM.
The student, on behalf of themself, their heirs, executors, administrators, and assigns, hereby expressly agree to defend, indemnify, and hold harmless the Released Parties from any and all liability, claims, cause of action, debts, actions, suits, costs, attorney’s fees, expenses or demands of any and every kind and nature whatsoever made by any third party arising out of or relating to breach of this agreement, violation of any law, including the laws of any foreign country, the rights of a third party, or otherwise in connection with participation in this Program/Program and any activities arranged for me by the Released Parties.
NO WARRANTIES OR GUARANTEE OF RESULTS: The student understands 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, the student waives any claims or responsibility from all these Released Parties to fulfill any of the expectations. The student is willing and voluntarily participating in this spiritual Program with their own spiritual community out of their own interest. The student understands that any and all blessings, instructions, discourses, discussions, teachings, spiritual alchemy products, spiritual guidance, advice, recommendations, suggestions, and the like provided or 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, Darshan or Deekshas) 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. The student understands 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, including but not limited to any mental, physical, emotional, spiritual, financial, or other results.
COPYRIGHT & INTELLECTUAL PROPERTY: The student understands that nothing by their participation in this Program shall be construed as conferring any license under the Terms of Use of any of Releasees or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, the student acknowledges and agrees that certain content available through this Program is protected by copyright, trademark, patent, or other proprietary rights by KAILASA Events and KAILASA Events affiliates, licensors, and service providers. The student agrees not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by KAILASA Events in connection with this Program. The student agrees not to use any of the trademarks or service marks or other content accessible through this Program for any purpose other than the purpose for which such content is made available to them. The student agrees not to defame or disparage Releasees, Releasees’ trademarks or service marks, or any aspect of this Program. The student agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Program or processes, methodologies or techniques used in connection with this Program.
AUTHORIZATION TO RECORD AND USE VOICE AND/OR LIKENESS: The student understands that during the Program, Program Organizers will, from time to time, take photographs, audio and/or video recordings, and/or other means of recording images and/or sounds during Programs and Program-related activities (the “recordings”).
The student hereby agrees that KAILASA Events, and its affiliates, agents, successors, licensees, and assigns, may use any recordings of this Program for its promotional and/or commercial purpose and hereby grant KAILASA Events a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of the student’s likeness and/or voice in the recordings in connection with or in relation to such purpose. KAILASA Events Affiliates shall have all right, title, and interest to any other right, title, or interest the student may possess in the recordings including, but not limited to, the student likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catchphrases, art, and physical attributes including, but not limited to, body art and tattoos (collectively, the “likeness”). The recordings shall be the sole and exclusive property of KAILASA Events. KAILASA Events shall be the sole and exclusive owner of all the rights, results, and proceeds of the recordings, in each case, of every kind or nature, whether now known or hereafter devised. Without reservation or limitation, the student hereby assigns, transfer, and convey the recordings to KAILASA Events, exclusively, irrevocably, and perpetually, together with all right, title, and interest in and to the recordings throughout the world including, without limitation, the right to enforce its right in and to secure registrations, renewals, reissues, and extensions thereof.
The student agree that KAILASA Events and its Affiliates shall have the right to transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the likeness worldwide in all forms of media and forms of usage, now known or hereafter created including, but not limited to, websites, film, television, radio, and print. The student agrees the student will have no right to approve any use of the likeness in the recordings or otherwise. The student agrees that no third party has or shall have any right of approval over the use of the likeness or will be due any amounts from the use of the likeness. The student hereby release KAILASA Events and its Affiliates from any and all claims and demands that the student may have now or at any time arising out of or relating to the use of the likeness or recordings, including but not limited to, claims for personal injury, invasion of privacy, defamation, libel, right of publicity, infliction of emotional distress, or compensation.
CONTACT, NOTICE, AND COMPLAINT: In the event of any grievance, the student agrees to address any such grievance directly with KAILASA Events 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 KAILASA Events by email: [email protected]
GOVERNING LAW, FORUM & DISPUTES
This agreement shall be governed by and interpreted solely in accordance with the laws of the State of California and no other jurisdiction. Any dispute involving the parties to this agreement shall be brought solely within the State of California and shall be within the exclusive jurisdiction of the courts of the State of California , without giving effect to any choice or conflict of law provision or rule, whether of the Republic of Vanuatu or any other jurisdiction. The parties agree to submit to the exclusive jurisdiction and venue of the Republic of Vanuatu, 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, the student 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 a location mutually agreed upon by the both Parties before a mediator agreed upon by the parties. In the event the parties don’t agree, the mediation will be held in the State of California or if KAILASA Events permits before a mediator agreed upon by the parties in agreed upon location. 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 THE STUDENT’S 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 COURT OF STATE OF CALIFORNIA 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 VENDTE FOR THE ARBITRATION AND OR ANY LEGAL DISPUTE, SHALL BE REPUBLIC OF VANUATU.
THE STUDENT CONFIRMS THAT THEY HAVE READ AND UNDERSTAND THE ABOVE, AND VOLUNTARILY AGREE TO BINDING ARBITRATION. IN DOING SO, THE STUDENT VOLUNTARILY GIVE UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL AS WELL AS RIGHTS TO APPEAL.
