AUTHORIZATION AND RELEASE
PLEASE READ CAREFULLY AS THESE TERMS AND CONDITIONS LIMIT OUR LIABILITY AND CONSTITUTE AN AGREEMENT.
The KAILASA’S MahaParamashivoham Season 2SM program and their related services and activities, (respectively the “Program”) will take place virtually from December 30, 2022 through March 01, 2023. I understand and agree that my participation in this Program is subject to these terms and conditions, and represents my acceptance of the terms and conditions set forth herein. By signing below, I acknowledge that I have read, understood, and accepted these terms and conditions and that I have the authority to do so on my own behalf or on behalf of the person who is participating on the Program (collectively, at all times herein “I,” “me,” or “my”). I expressly release Sri Nithyananda Swami akk Supreme Pontiff of Hinduism Jagatguru Mahasannidhanam His Divine Holiness Bhagavan Nithyananda Paramashivam (“SPH”), Kailaasa Limited, Kailaasa Limited’s 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. I also acknowledge that, in allowing me to participate in this Program, the Releasees, including the Program Organizers, have relied on my consent to these terms and conditions and on their enforceability. In the absence of such consent, I would not have been allowed to participate in the Program.
RULES OF CONDUCT AND LAW: I hereby agree to follow all rules, regulations, and instructions of the Program Organizers while on this Program. I agree 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 Aadheenam. I agree 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, Program Organizers, and other participants. I understand and acknowledge that I am responsible for my 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 howsoever caused by me. The Program Organizers reserve the right to enforce reasonable rules and standards of conduct to facilitate the Program for my well-being and enjoyment as well as for the well-being and enjoyment of others. The Program Organizers reserve the right to terminate my participation in the Program at any time during the Program should my participation interfere with the interests of the group. I understand that if I display any disruptive, erratic and/or unstable behavior of any kind, Releasees may ask me to leave the Program without notice at any time. I promise to abide by any such requests. I understand that as this is a spiritual Program, I may be asked to refrain from certain activities or I may be requested to follow certain prescribed Hindu and/or spiritual practices. I agree to make my best effort to follow the recommended schedule and practice guidelines. I understand, that the Program is systematically designed—from the yoga to the food to the meditation processes to the pujas (gratitude offerings)—to give the highest possible spiritual experience for the participants, and if I decide not to participate in any part of the program or deviate from the instructions for a particular Program activity, I understand that I may not get the optimum experience possible for me. If the Program Organizers are, for any reason, uncomfortable with my conduct, including but not limited to adherence to rules and practice guidelines, I understand that I may be removed from the Program at their sole discretion. I understand that as my experience will vary on numerous factors including but not limited to my own actions, I shall not hold the Released Parties liable if I experience any dissatisfaction from this Program.
CERTIFICATION OF HEALTH: 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 this Program. I also state that I am physically and mentally capable of carrying out any instructions, yoga postures, initiations, kriyas, diets, meditations, rituals, techniques, field trips, community service or other activities that are part of the Program. I understand and acknowledge that the Program cannot assume responsibility for determining the medical, dental, or health condition of me. Therefore, I have consulted with a medical doctor and/or dentist, as I have deemed necessary, with regards to my individual medical or dental issues or needs, and find myself physically and mentally fit to participate in the Program. I hereby understand that I am responsible for my own health before, during and after the Program.
ASSUMPTION OF RISKS, RELEASE OF LIABILITY, AND INDEMNITY: I understand and agree that during this Program, I 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. I further understand 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 me in connection with any of the above and/or terrorist activities; social or labor unrest; strikes or government restrictions; local laws; 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. I am willingly and voluntarily participating in this trip/Program with the knowledge of the risks, dangers, and hazards and liabilities involved. I freely accept and fully assume all of the above risks and any legal responsibility for any injuries, losses, or damages that may arise from such risks as result of or in connection with thisProgram, whether those risks are known or unknown. In consideration of allowing me to participate in this Program, I, ON BEHALF OF MYSELF, MY 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 MY 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.
I, on behalf of myself, my 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 my 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 my participation in this Program/Program and any activities arranged for me by the Released Parties. 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 tour with my spiritual community out of my own interest. I understand that any and all blessings, instructions, discourses, discussions, teachings, spiritual alchemy products, spiritual guidance, advice, recommendations, suggestions, and the like provide 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. 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.
AUTHORIZATION TO RECORD AND USE VOICE AND/OR LIKENESS: I understand that during the Program, Kailaasa Limited (Kailaasa Limited) 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”). I hereby agree that Kailaasa Limited, and its affiliates, agents, successors, licensees, and assigns, (collectively with Kailaasa Limited, the “Kailaasa Limited Affiliates”) may use any recordings of this Program for its promotional and/or commercial purpose and hereby grant Kailaasa Limited Affiliates a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of my likeness and/or voice in the recordings in connection with or in relation to such purpose. Kailaasa Limited Affiliates shall have all right, title, and interest to any other right, title, or interest I may possess in the recordings including, but not limited to, my likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catch phrases, 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 Kailaasa Limited. Kailaasa Limited 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, I hereby assign, transfer, and convey the recordings to Kailaasa Limited, 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. I agree that Kailaasa Limited 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. I agree I will have no right to approve any use of the likeness in the recordings or otherwise. I agree 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. I hereby release Kailaasa Limited and its Affiliates from any and all claims and demands that I 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, NOTICES, AND COMPLAINTS: In the event of any grievance, I agree to address any such grievance directly with Kailaasa Limited 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 Kailaasa Limited by mail to the address: Kailaasa Limited 228-238 QUEEN'S ROAD CENTRAL HONG KONG
GOVERNING LAW, FORUM & DISPUTES This agreement shall be governed by and interpreted solely in accordance with the laws of State and Delwre and no other jurisdiction. Any dispute involving the parties to this agreement shall be brought solely within the State of Delaware (USA). Any dispute, controversy or claim arising out of or relating to the interpretation, application or performance of this contract, including its existence, validity or termination, shall be settled by final and binding arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitration between International Organizations and Private Parties, as in effect on the date of this agreement. 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 at a location decided solely by Kailaasa Limited, 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 SECRETARY-GENERAL OF THE PERMANENT COURT OF ARBITRATION 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 SHALL BE THE STATE OF DELAWARE. BY INITIALING BELOW, 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. BY SIGNING BELOW, I AM CONSENTING TO THE USE OF MY ELECTRONIC SIGNATURE IN LIEU OF AN ORIGINAL SIGNATURE ON PAPER.