By signing the EVRYMAN Open Source Retreat Participation Agreement for the EVRYMAN Open Source Retreat with EVRYMAN Inc. a Delaware Benefit Corporation (hereinafter “EVRYMAN”), I also agree to and conduct myself in accordance with these Guidelines, Rules and Terms Agreement as follows:
GUIDELINES I agree to adhere to the following Guidelines for conduct in order to make the most out of the Open Source Retreat experience:
I agree to: - Participate fully in the Open Source Retreat.
- Co-create a safe container for men to be open and vulnerable with each other.
- To be open to learning in new ways.
- To embody and model what I learn.
- To seek greater understanding through being present and experiencing.
- To grow together in the practice of introspective awareness and taking men deeper
- To allow for the natural forces of healing and transformation to flow through the group.
- Speak up, not hold back, and have deep ownership of my own feelings and process.
- Reach out for help if needed and agree to offer support to other participants in need of help.
RULES - I agree to the following Rules, which are required to be followed for all Open Source Retreat participants:
- I agree this is NOT therapy or training to provide Therapeutic Techniques to others.
- Confidentiality: I may NOT speak to anyone outside of the Open Source Retreat about another participant’s experience shared at the Open Source Retreat. I may speak to someone outside of the Open Source Retreat about my personal experience alone.
- I may practice the practices and skills learned at the Open Source in my weekly men’s groups and in my life. I acknowledge and accept responsibility for any and all repercussions of practicing these skills in my weekly group and in my life.
- I will consume no drugs or alcohol during the Open Source Retreat.
- I acknowledge that taking psychotropic medication, such as Prozac, may impact my ability to learn and practice the skills of the EVRYMAN Method. If you are on such medications by prescription, we encourage you to reveal this information to EVRYMAN retreat leaders and share with your healthcare provider your plans to attend.
- I am responsible for my own Safety and Experience. I take care of myself and ask for help when needed.
TERMS I agree to the following Terms required for participation in the Open Source Retreat:
Cancellation Policy Tickets and registration for Retreats, Trainings, and online programs may be canceled under the following conditions: - Requests for refund or rebooking must be sent to info@evryman.com
- If the ticket is canceled over 60 calendar days in advance of the start of the retreat, training or online program, the participant will receive a full refund less 20% of the ticket price. Alternatively, participant may apply 100% of monies paid to a future EVRYMAN retreat, training, or online program.
- If the ticket is canceled less than 60 calendar days in advance of the start of the event, no refund will be provided. Participant may apply monies paid equal to 75% of the ticket price to a future EVRYMAN retreat, training or online program.
- Refunds do not apply to service fees or processing charges. These fees are not collected by EVRYMAN.
Hold Harmless and Indemnity In consideration of being able to participate in the Open Source Retreat, I, for myself and my heirs, executors, and assigns, release and discharge EVRYMAN and their owners, agents, employees, venue host, and/or contractors connected in any way with the Open Source Retreat from any and all actions, claims, causes of action, expenses, damages and demands of any kind including but not limited to any claim of damages for bodily injury, illness, disease, death or loss of personal property now existing or which may in the future result from my participation in the Open Source Retreat. I recognize and agree that this Release covers all claims or demands against EVRYMAN and their owners, agents, employees, and/or contractors including claims or demands based on the negligence or fault of EVRYMAN and their owners, agents, employees, venues, and/or contractors. I understand and accept that, I surrender all rights to make a claim or file a lawsuit against EVRYMAN for personal injury, property damage, wrongful death, products liability (including strict liability), breach of warranty or contract, or under any other legal theory. In the event a claim is made against EVRYMAN arising from my acts, conduct, participation, claims or injury, I will indemnify EVRYMAN absolutely for all costs and expenses that result. This agreement is intended to be as broad and inclusive as permitted by the laws of the State of Delaware whose jurisdiction I agree shall govern this agreement regardless of where I reside. If any portion of the Agreement is held invalid, the remainder of the Agreement will still continue in full legal force and effect. Notwithstanding any damages that I may incur, EVRYMAN’s entire liability under this agreement, and my exclusive remedy shall be limited to the amount I actually paid to EVRYMAN for the Open Source Retreat.
Disclaimer I acknowledge that the Open Source Retreat does not involve the diagnosis, teaching or treatment of mental disorders as defined by the American Psychiatric Association and that the Open Source Retreat is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is my exclusive responsibility to seek such independent professional guidance and advice as needed. If I am currently under the care of a mental health professional, it is strongly recommended that I promptly inform the mental health care provider of the nature and extent of the Open Source Retreat. Any use of the practices and skills learned at the Open Source Retreat by me after the Open Source Retreat has finished is solely my responsibility and not the responsibility of EVRYMAN or the facilitators. Satisfaction of Services By enrolling in the Open Source Retreat, I confirm that the event I am purchasing admission to will meet my needs as currently described. EVRYMAN does not make any guarantee that I will obtain a particular result, qualification, or employment opportunity from my purchase and completion of the Open Source Retreat. EVRYMAN reserves the right to vary or withdraw any aspect of the Open Source Retreat without notice but will use reasonable care and skill to provide it in accordance with its initial description. Although EVRYMAN aims to provide the Open Source Retreat to the highest standards, neither it nor its facilitators accept any liability for (i) any inaccuracy or misleading information provided in the materials and any reliance by me on any such information or any indirect, special or consequential loss arising from any breach of the terms of this agreement. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the provision of the Open Source Retreat. Further, no implied conditions, warranties, or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description). Intellectual Property All Intellectual Property Rights in any course materials and the speeches made by facilitators at the Open Source Retreat are, and remain, the intellectual property of Owen Marcus in consort with EVRYMAN whether adapted, written for, or customized. I am not authorized to: (i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the retreat materials without prior written permission; (ii) record on video or audio tape any aspects of the Open Source Retreat (iii) use the retreat materials in the provision of any other course or training. Breach by you of these terms, shall allow EVRYMAN to immediately terminate these terms and conditions with me and cease to provide me with any services. In consideration of my fees paid, EVRYMAN grants to me a limited, non-transferable, non-exclusive license to use the course materials for the sole purpose of completing the Open Source Retreat. You further agree not to use the Everyman logo or name without EVRYMAN’s prior written consent.
In exchange for their agreement for me to participate in the EVRYMAN retreat and for services provided to me by EVRYMAN, Inc., a Delaware Corporation, and their agents, employees, officers, volunteers, and contractors, and any person or organization associated with them and their activities (collectively "EVRYMAN"), I, for myself and anyone who may act on my behalf, (hereinafter referred to collectively as "I and my Heirs" or "my Heirs") agree to and acknowledge the following:
1. Risks. I am voluntarily participating in a program of personal growth and training for men (the "Event") sponsored and operated by EVRYMAN. The Event will involve a variety of activities, which may include but not be limited to, strenuous, vigorous, and challenging physical, mental, emotional, and intellectual activities conducted indoors and outdoors during day and night (the "Activities"). The same elements which contribute to the unique character of the Event and the associated Activities can in rare cases cause loss or damage to personal property, accidental injury, illness, or, in extreme cases, permanent trauma, disability, or death. EVRYMAN, as a matter of integrity and accountability, wants me to know in advance of the inherent or potential risks of the Event and the associated Activities. I understand that EVRYMAN will take reasonable steps to seek to provide a safe environment. However, I also understand that certain risks are inherent in the Event and Activities and cannot be eliminated without destroying the unique character of the Event and the Activities.
The risks discussed above may include, but are not limited to:
- risks associated with indoor and outdoor physical activities including slips and falls, bruises, sprains, lacerations, fractures, and concussions;
- risks associated with group facilitation including physical touch and contact with other participants, mental anguish, emotional distress, and rigorous physical activity and contact;
- contact with plants, animals, snakes or insects that could cause stings, bites, allergies, or disease;
- risks associated with detrimental advice or coaching including choices affecting work, finances, health, relationships, education and recreation;
- exposure to fire or heat from natural or manmade causes that could cause burns, dehydration and/or hyperthermia;
- exposure to cold, wet weather, and to other unpredictable forces of nature;
- exposure to the conduct of retreat participants;
- damage to property owned by me or by others;
- inherent risks associated with being in a potentially remote location, distant from medical facilities, where evacuation, transport and medical care could be delayed;
- risks associated with traveling by land or air to and from the Retreat site or to and from a site of emergency medical care.
I understand that this list is not complete and that other unknown or unanticipated risks may result in property loss, serious injury, illness, or death.
2. Medical Information. I attest that (1) I have no medical, physical, mental, or emotional conditions which could interfere with or affect my safety while participating the Activities, and I am fully capable both physically and mentally of participating in the Activities without causing harm to myself or others; or (2) if I have, or suspect I may have, any such condition I agree to disclose it fully to EVRYMAN. Such disclosure includes physical and mental conditions, medications or treatments that I take or participate in and a history of past medical and/or mental illnesses or conditions. I further certify that:
- • I have no past or present physical or psychological condition that might affect my participation in the the Activities, other than those which I have disclosed on my intake form.
- I understand that certain medical and psychological conditions may increase the risk during my participation in the Event. I release and forever discharge EVRYMAN from any liability or claims for any injuries to me which are a direct or indirect result of my medical or psychological condition.
- I acknowledge that the Event and Activities are not therapy and do not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that the Event and Activities are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, group therapy, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals. Further, it is your exclusive responsibility to seek such independent professional guidance as needed.
- I have discussed the Event with my health care provider(s) and have not been advised that it would be inherently dangerous to participate in the training, nor have I been advised not to participate in the Event or Activities.
- The medical information which I have given to EVRYMAN is true, to the best of my knowledge, information, and belief, and I have disclosed all known or suspected physical and mental conditions. I agree that I will inform EVRYMAN of additional physical or mental conditions that may arise between the day I execute this Agreement and the date of the Event and Activities as well as conditions that arise during the Event and Activities.
- I represent and warrant that I am/are in full command of my/our faculties and am/are not under the influence of alcohol or drugs and agree not to participate in the Event or Activities while under the influence of alcohol and/or drugs.
- I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Event and Activities, and I agree to withdraw immediately and notify EVRYMAN personnel if at any point my/our continued participation would create a risk of danger to myself or to others.
- I represent and warrant that I am/are covered by medical insurance.
3. Assumption of Risk. I understand and agree that EVRYMAN is not and cannot be a guarantor or insurer of my safety or well-being. I agree to act with reasonable care for my well-being and the well-being of all other people and property around me during the Event and the Activities. I further agree to follow all instructions and directions of the leaders of the Event and Activities. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the leaders of the Event and Activities.
I accept and assume full responsibility for all of the risks and hazards associated with participation on the Event and Activities, whether known or unknown, including, but not limited to, 1) injury, death, or loss of personal property and related expenses which I may suffer as a direct or indirect result of those inherent risks and dangers described in this Agreement as well as those not specifically described; and 2) any injury that I may cause to any other person or any damage that I may cause to the property of others, as a result of my negligence or wrongful conduct. I elect to participate in the Event with full knowledge of all known or potential risks.
4. Voluntary Participation. I confirm that my participation in any and all Activities is purely voluntary, and that I may decline to participate in any of the Activities at any time.
5. Release. In consideration of being able to participate in the Event and Activities, I, for myself and my heirs, executors and assigns, release and discharge EVRYMAN and their owners, agents, employees, venues, and/or contractors connected in any way with the Event and Activities from any and all actions, claims, causes of action, expenses, damages and demands of any kind including but not limited to any claim of damages for bodily injury, illness, disease, death or loss of personal property now existing or which may in the future result from my participation in the Event and Activities I recognize and agree that this Release covers all claims or demands against EVRYMAN and their owners, agents, employees, and/or contractors including claims or demands based on the negligence or fault of the EVRYMAN and their owners, agents, employees, and/or contractors. I understand and accept that by signing this Agreement, I surrender all rights to make a claim or file a lawsuit against EVRYMAN for personal injury, property damage, wrongful death, products liability (including strict liability), breach of warranty or contract, or under any other legal theory.
6. Nature of Release. This release, waiver, and indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Delaware whose jurisdiction I agree shall govern this agreement regardless of where I reside. If any portion of the Agreement is held invalid, the remainder of the Agreement will still continue in full legal force and effect. 7. Indemnification. In the event a claim is made against EVRYMAN arising from my acts, conduct, participation, claims or injury, I will indemnify EVRYMAN absolutely for all costs and expenses that result.
8. Promise of Confidentiality. While participating in the Event and the Activities, I will learn details of and experience how the Event and the Activities are conducted, in both oral and written form, which are proprietary and owned exclusively by EVRYMAN (the "Proprietary Information"). In addition, I may learn during the course of the Event information about other participants which is confidential (the "Confidential Information"). As an express condition of my participation in the Event, I agree that I will not reproduce, duplicate, or copy, in any form or manner, any Proprietary Information without the express written permission of EVRYMAN. I further agree that I will not disclose in any form or manner, written or oral, any Confidential Information which I learn as a result of my participation in the Event and Activities. I may, however, share my personal experience of the Event as long as I do not disclose any Confidential Information. Furthermore, I agree that I will not record, photograph, or video any participant in the Event or Activities, and if I do, I shall not publicly disseminate, publish, list on any social media any such recordings, photographs, or video without the express written permission of such participant(s).
9. EVRYMAN Promise of Confidentiality. EVRYMAN agrees to maintain the confidentiality of Confidential Information as stated above, excepting only that if any fact, information, or incident is disclosed to staff or other participants which is required by state law to be reported, then such confidentiality shall not apply.
10. Photo Release. I understand that photos may be taken during this Event that may include my image, and I hereby consent to EVRYMAN's use of any such photos for training, educational, and marketing purposes without any further consent from me.
11. Media Release. I understand that during my participation in Event and/or Activities, EVRYMAN may film, record, or photograph me and use such film, recordings, or photographs for advertising, marketing, and promotional material about EVRYMAN. By signing this Participation Agreement, I hereby grant EVRYMAN, its successors, assignees, licensees, sponsors, and all other commercial exhibitors the right to use my face, name, likeness, voice, and appearance in advertising, marketing and promoting EVRYMAN and its programs and events. I further agree that a) I agree that I shall not be entitled to any other form of compensation for the use of my face, name, likeness, voice, and appearance, b) no materials need be submitted to me for any further approval and c) the use of my face, name, likeness, voice, and appearance does not conflict with any existing commitment or agreement on my part. 12. Post Event Follow Up. I understand that EVRYMAN shall, unless I affirmatively inform them otherwise, include me on email lists to provide community information and follow-up connection with other participants. I may unsubscribe from these lists at any time.
13. Refund Policy. Tickets and registration for Retreats, Trainings, and online programs may be canceled under the following conditions: - Requests for refund or rebooking must be sent to info@evryman.com
- If the ticket is canceled over 60 calendar days in advance of the start of the retreat, training, or online program, participant will receive a full refund less 20% of the ticket price. Alternatively, participant may apply 100% monies paid to a future EVRYMAN retreat, training or online program.
- If the ticket is canceled less than 60 calendar days in advance of the start of the event, no refund will be provided. Participant may apply monies paid equal to 75% of the ticket price to a future EVRYMAN retreat, training or online program.
- Refunds do not apply to service fees or processing charges. These fees are not collected by EVRYMAN.
14. Emergency Delay or Cancelation. I acknowledge that EVRYMAN at its sole discretion may delay, modify, or cancel the Event if conditions or natural or man-made emergencies make administering the Event unreasonably difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of EVRYMAN, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, public health, and unavoidable casualty. In the event of a delay, modification, or cancellation of the Event as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with the Event.
15. Severability. I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by law in the State of Delaware and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
16. Class Actions. I agree that any arbitration, mediation, or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties.
17. Mediation, Arbitration, Waiver of Right to Sue. I expressly agree that despite my agreement to the contrary in this Agreement, should any claim or cause of action of any kind be brought against EVRYMAN as a direct or indirect result of my participation in the Activities or Training, it must first be submitted to mediation by a neutral third party, preferably a mediator who practices regularly under the auspices of the courts of the state of Delaware. If after four (4) sessions, mediation is unsuccessful, the matter must then be submitted for a final and binding arbitration. Any such arbitration will be held in Delaware, and Delaware substantive law will apply without regard to choice of law principles or where I may reside. I agree that any resulting arbitration award is final and binding upon both EVRYMAN and upon me and my Heirs, executors, and assigns, and by executing this Agreement, I am expressly waiving any and all rights to litigate any such claim in any state or federal court. Any cause of action to enforce any arbitration award or any cause of action brought against EVRYMAN, notwithstanding the waivers contained in this Agreement, must be brought in a court of competent jurisdiction in Delaware. Any arbitrator chosen pursuant to this paragraph will be chosen from a list or lists supplied by the American Arbitration Association ("AAA"), with AAA rules to apply, and/or the Federal Mediation and Conciliation Service, or from any other mutually agreeable source. Should a claim be brought contrary to this Agreement and EVRYMAN must bring an action in State or Federal Court to enforce the terms of this Agreement then EVRYMAN shall be entitled to all costs and fees, including reasonable attorneys' fees associated with enforcing the terms of this Agreement.
18. Agreement Controlling. This release contains the entire agreement between EVRYMAN and me, and supersedes all other agreements or representations, written or oral.
I understand fully that by signing this Agreement, I represent that I am 18 years or older at the time of agreeing to the Agreement. I fully understand the consequences of this waiver and acknowledge that I have had ample opportunity to ask questions regarding this Agreement and to consult with counsel of my choosing. I have read the Agreement in its entirety, I understand the content and implications of the document, I sign this Agreement freely and voluntarily, and I agree to be legally bound by all of the terms and conditions of this Agreement.
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