RELEASE - EMX San Diego Jacumba, CA RISKS: The participant agrees that attending the EMX - San Diego (hereinafter referred to as “the event or the EMX - SD”) is entirely at his own risk. Any experience or services are provided "as is," without warranty of any kind, either expressed or implied, including without limitation any warranty for information services, coaching, uninterrupted access, or products and services provided through or in connection with the service. The participant acknowledges and agrees to the following: The participant agrees that the use of all, or part, of the service is entirely at the participant's own risk. Any actions or lack of actions, taken by the participant of such advice is done so solely by choice and responsibility of the participant and is neither the responsibility nor liability of event organizers/facilitators, their agents, employees, officers, volunteers, and/or contractors, and any person or organization associated with them and their activities (collectively known as “Sacred Sons”). The participant understands that any experience, service and/or information at the event is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and the participant will not use it in place of any form of therapy. The participant recognizes that the group processes on the event require emotional, physical, and mental efforts, exertion, and behavioral experimentation, on the participant's part, which may cause physical, mental or emotional stress. The participant fully acknowledges and takes full responsibility for all risks involved. The participant understands that it is his responsibility to consult with his primary health care provider prior to participating and should the participant choose not to consult his health care provider, the participant accepts full responsibility waiving all rights to liability or any claims against Sacred Sons and any of its agents, administrators, or employees. The participant attests to the fact that the participant has, or will prior to arrival, disclosed all relevant information regarding his physical, emotional or mental conditions that could cause harm to the participant by participating in this training. The participant, and/or legal representatives forever release, waive, discharge and covenant not to sue Sacred Sons for any injury, harm or death caused by either negligence or other acts. The participant understands the contagious nature of the SARS-CoV-2 virus (the “novel coronavirus” or “COVID-19”) and voluntarily assumes the risk that they may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. The participant understands that their participation in the Event involves the inherent risk of exposure to the novel coronavirus. The participant knowingly and voluntarily agrees to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during their attendance and participation in the Event, whether communicated verbally or in writing. The Participant acknowledges and agrees that compliance with these safety and mitigation practices is not only for their own benefit but also for the benefit of other Participants at the Event. The participant voluntarily and knowingly assumes the risk that they may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result from a failure to comply with such practices. The participant has read and understood this form and all its contents, and the participant voluntarily agrees to the terms and conditions stated above. Workshops: The participant understands that he has full choice and responsibility over which workshops he wants to experience and Sacred Sons does not guarantee that the participant will be able to experience all workshops, presentations, and/or activities listed on any Sacred Sons EMX - SD website or social media copy. No Press Policy: The participant understand that, in order to ensure that all participants feel free to fully express themselves at the EMX - SD , for participants to feel that their privacy at the EMX - SD is protected, and to ensure a full and open interchange of ideas among participants, there is a NO PRESS POLICY at the EMX - SD , so that participants can fully express themselves without any fear that their statements or activities will be described or portrayed in any article or other writing. In accordance with the No Press policy, the participant agrees to not write about or provide information about the EMX - SD , including without limitation for articles in magazines, personal blogs, books, video journals, without prior written permission from Sacred Sons. Sacred Sons and the participant agrees that, if the participant breaches this agreement concerning a No Press policy, quantifying damages arising from participants’ breach is inherently difficult since the impact on participants’ privacy and the impact on Sacred Sons’ ability to attract participants due to the lack of privacy at the EMX - SD is difficult to estimate as of the date of agreeing to this and may be difficult for Sacred Sons to demonstrate at trial, and agree that in the event of such a breach the participant will owe to Sacred Sons the sum of Twenty Five Thousand Dollars ($25,000) as liquidated damages (the “Liquidated Damages Amount”), and the participant agrees that such sum is not a penalty, but rather a reasonable measure of damages, based upon the parties’ experience and given the nature of the losses that may result from the lessening of privacy at the EMX - SD . Sacred Sons and the participant intend that the participants payment of the Liquidated Damages Amount would serve to compensate Sacred Sons for any breach by the participant of their obligations under the No Press policy, and we do not intend for it to serve as punishment for any such breach by the participant. In the event any action or proceeding is initiated concerning a breach of this No Press policy, the prevailing party shall recover his, her or its reasonable attorneys’ fees and costs. Confidentiality: The participant understands that information will be held as confidential unless the participant states otherwise in writing. If the participant reports child or elder abuse or neglect or threaten to harm oneself or someone else, the participant understands necessary actions will be taken and the confidentiality agreement limited in this capacity. Furthermore, the participant agrees to not disclose any personal information of another event participant and agrees to confidentiality. Participants may not share media of another participant, when one is the main focus, without written permission. Media Release: The participant understands that this event will be filmed and photographed and hereby gives consent to Sacred Sons to use any video/photos content the participant is in for training, educational, and marketing purposes. Participants may not share Sacred Sons made content for any purposes other than promoting Sacred Sons events. Sacred Sons made media shall not be altered in any way. Refund Policy: The participant understands that payment for a ticket or entry credential may be eligible for a partial refund if canceled according to the following terms: (a) if canceled 30 days or more before the beginning of the EMX - SD , Sacred Sons will refund the payment minus a $50.00 processing fee; (b) if canceled 15-30 days before the start date of the EMX - SD Sacred Sons will refund 50% of the payment; (c) if canceled 8-15 days before the start date of the EMX - SD , Sacred Sons will refund 25% of the payment; (d) no refunds will be given for any cancellation 8 days or less from the start date of the EMX - SD ; and (e) any fees charged for tickets are non-refundable. Aside from cancelation, the participants ticket and/or entry credential is transferable to another man without any fee, provided Sacred Sons is notified of the name of the transferee man in writing no later than 1 week before the EMX - SD begins, and the transferee signs a copy of the Terms and Conditions when arriving at the EMX - SD . There are no exceptions to these time frames. By signing the signature sheet you are in agreement with all of the above.
|