In consideration of participation in the Activities (as defined below), I, the undersigned, for myself, my personal representatives, assigns, heirs, and next of kin, agree to the following terms:
1. Definitions: The term, "Activities" means the services purchased under this Class Enrollment Agreement ("Agreement") as indicated in the Enrollment and Payment section and other related activities. The term "Center" includes Tao Fellowship, and Arizona nonprofit corporation doing business as Mago Mindfulness Center, its referring entities, entities participating the delivery of the Activities and the owners and lessors of the premises ("Premises) used for the Activities and all their respective employees, servants, agents, principals, founders, directors, manager, volunteers, shareholders, officers and affiliates.
2. Photo/Video/Audio/Testimonial Release: I authorize Center to record my name, likeness, image, voice, appearance and/or performance during the Activities by audio, video, photo camera, or other means, and grant Center the right to copyright, use, re-use, publish, republish, broadcast, exhibit, market, sell and otherwise distribute such recordings and my name, written testimonial and biographical information, for any purpose, in perpetuity and worldwide.
3. Physical Contact: I understand and agree that it may be necessary for Center's staff to touch parts of the body during the Activities and hereby give permission for such touching.
4. Voluntary Participation: I represent my participation in and payment for the Activities are voluntary and based on my free will, and not as a result of undue influence, coercion, pressure, a condition of employment, or to satisfy anyone other than me.
5. No Medical Services of Advice: I understand the Center does not provide medical, psychological or other professional health care, advice, diagnosis or treatment. I represent that I am not participating in the Activities to handle a physical, mental, or emotional illness and I am clear that no portion of the Activities is delivered or supervised by health professionals.
6. Protection of Proprietary Information: I understand that all materials, concepts, and information ("Proprietary Information") presented by Center during the Activities, either orally or in writing, are the property of Center and protected by copyright, trade secret, and other applicable laws. I agree to not copy, record, modify, transmit, lend, display, perform, create derivative works from, distribute or reproduce in any way and Proprietary Information without Center's written permission.
7. Cancellation and Freezing Policy:
(1) This Agreement may be cancelled at any time prior to midnight of the tenth business day after the date of this Agreements, excluding Saturdays, Sundays and public holidays. In a cancellation under this subsection (1) of this section, all monies paid under this Agreement will be refunded less the amount paid for goods.
(2) If Center's location listed in subsection (7) of this section is closed for a month or more, I am entitled to my choice of either an extension of this Agreement for a period equal to the time such location is closed or a prorated refund of the amount paid pursuant to this Agreement. If the closing is not the fault of the Center, Center is entitled to choose.
(3) If I become disabled during the term of this Agreement, and a physician confirms in writing that the disability will continue for more than 3 months, I am entitled to an extension of this Agreement for a period equal to the time of the disability. If I am permanently disabled, I may cancel this Agreement and receive a refund pro rata of the amount paid under this Agreement.
(4) The date of receipt of refund request, not the last day of training, will be the basis for determining the amount of the refund.
(5) If a cancellation request is received after ten business days following the date of this Agreement, excluding Saturdays, Sundays and public holidays, and I am not entitled to refund, extension and/or cancellation under subsections (2) and (3) of this section, then remaining balance will be converted to credit toward Center workshops (to be used within 6 months) at Center's discretion.
(6) Notwithstanding the foregoing, three-month memberships can be frozen up to two weeks, and six-month or one-year memberships can be frozen up to one month with or without reason. Freeze requests must be received at least one week in advance.
(7) All notices of cancellation, refund and freeze requests shall be made in writing, including specific reasons, and submitted in person or by mail to Mago Mindfulness Center, 1840 W. Chandler Blvd. #D-7, Chandler, Az 85224.
8. Dispute Resolution / Governing Law: Any dispute or claim relating in any way to, this Agreement, the relationship between me and Center or products or services provided by Center (hearafter "Dispute) will be resolved by binding arbitration, rather than in court. The arbitration will be conducted by the American Arbitration Association (hearafter "AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted by a single, neutral arbitrator and will take place in the State of Arizona or at another mutually agreed location. Any arbitration, lawsuit or other proceedings to resolve a Dispute will be conducted on an individual basis and not in a class, consolidated, collective or private attorney general action. If for any reason a Dispute proceeds in court rather than arbitration, Center and I will waive any right to a jury trial. All aspects of the arbitration shall be strictly confidential and nothing from the arbitration shall be made public. This Agreement, as well as any and all Disputes, will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Arizona without regard to any conflict or choice of law principles.
9. Acknowledgment and Assumption of Risk / No Medical Condition: I acknowledge and understand that certain risks may occur during my participation in the Activities or use of the Premises. I further recognize that these risks may also include physical, emotional or psychological damage or injury, not excluding fatality and as I progress and advance through the Activities, physical and mental demands may increase and at times be extremely strenuous and exhausting, both physically and mentally. I voluntarily assume all such risks. I acknowledge that I have consulted or have had an opportunity to consult with my own physician or other appropriate medical professional, and represent that I am in good physical and mental condition and have no medical reason or impairment that my prevent me from participation in the Activities or use of the Premises.
10. Waiver and Release: I hereby forever and expressly release Center from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent of fixed, at law or in equity, that arise out of the Activities or my use of the Premises, including any injury or harm to me, or loss of theft of or damage to my property. I agree to not bring or be a party to any legal action or claim against Center based upon or arising out of my participation in the Activities or use of the Premises, on any legal theory, including but not limited to personal injury, undue influence and infliction of emotional distress.
11. Miscellaneous Provisions. This Agreement contains the entire agreement between me and Center with respect to the subject matter hereof and replaces any oral or other written agreements or representations. If any provision of this Agreement or its application is invalid or unenforceable, the remainder of this Agreement will not be impaired of affected and will remain in full force and effect.
I acknowledge that I have read this Agreement and fully understand its contents. I understand that, by agreeing to this waiver, I am giving up substantial legal rights.