I have read, understand, and agree to the Liability Waiver and Release below:
Body Mastery Program Liability Waiver & Release
This liability waiver and release agreement (“Agreement”) is made between the undersigned participant (“Participant,” “I”, or “you” when passively addressed ) and Everlasting Fitness dba Marci Lock Enterprises (“Company” or “MLE”), a Utah company for participation in the Body Mastery 6 month (“Program”), whether in-person or virtually. This Agreement constitute the whole agreement.
Informed Consent
The purpose of this consent form is to inform you of the nature of the healing and transformative work you will learn and experience in the Body Mastery Program. .
Energy Medicine as taught within the Body Mastery program is used to help you identify and work through physical blocks, emotional blocks, and internal belief systems that no longer serve you.
In the experience of the MLE team and facilitators, healing is the process of becoming free of conditioned, pre-programmed reactions to the world. Healing is the growth process towards having the liberated capacity to choose fresh creative responses to each situation as it presents itself. This freedom doesn’t necessarily mean a new or better personal story. Rather, it is the capacity to hold oneself and one’s point of view with lightness and gentleness, and the flexibility to shift when needed.
The leaders and staff at Marci Lock Enterprises are here to work with you and support you in your healing and growth process. That said, healing requires willingness, dedication, and commitment on your part, and thus, at all times your healing is your own responsibility.
The leaders and staff at Marci Lock Enterprises are not physicians, do not diagnose diseases or prescribe pharmaceutical drugs, and do not have the authority nor desire to advise you to discontinue any medical treatment you may be receiving.
This program is not to be used in lieu of appropriate care from a licensed professional. You agree to disclose any medical or mental health condition for which you are receiving care prior to your enrollment in the program. If at any time you believe you are in crisis or experiencing a medical emergency and need immediate attention, please call 9-1-1, or contact your local emergency services, crisis clinic, or family physician.
Teaching Environment
As a student in the Body Mastery Program, you understand that you are in a teaching and training environment. This document provides some additional information about what might arise within the learning environment of the Program.
At times during the Program there may be opportunities for you to receive a breakthrough play session from a teacher in front of other students, so that others can learn about the information taught by witnessing a live healing session.
If such a session occurs within a teaching setting, you understand that your experience may be discussed with the students and staff for teaching purposes only. This may include information received during previous sessions if that information is instructive for the students. Just as you have, all participants have committed to hold the events of the classroom setting and personal information of others in confidence. At any time, you can opt out of such a session or ask for explicit confidentiality. You can also request additional support following such a session from a practitioner.
Peer-to-Peer Practice
Additionally, as part of learning the material taught within the Program, you will be experimenting with techniques with other students. This will occur within the context of the program. You also may choose to practice with other students or explore the material in a variety of ways with other Luminous students outside of the teaching weekends. You agree to honor the confidentiality of anyone with whom you work.
At times, you may experience strong emotions and physical and energetic shifts. You may have questions or realize that you need more advanced support for something that is arising and you commit to reaching out for support as needed. This learning and exploration with yourself and in relationship with other students is part of the Program. You acknowledge that you are participating voluntarily and with clear understanding of the intent and possible impact.
WAIVER OF LIABILITY
The Program includes, but is not limited to, activities such as sitting, standing, walking, somatic movement and/or dance, live demonstrations, discussions, lectures and other physical activities (individually, “Activity”; collectively, “Activities”). I am aware of the potential dangers involved in the Activities. In consideration for being allowed to participate in the Activities at the Program, I, the Participant, agree to the following terms prior to the start of the Program, to the fullest extent permitted by law:
- I hereby release the Company, its respective officers, directors, employees, members, agents, contractors, representatives, sponsors, volunteers, successors, and assigns (“Released Parties”) from any and all claims, demands, damages, rights of action, or causes of action, arising out of my participation in any of the Activities at the Program.
- I acknowledge that the leaders and staff at the Company are not licensed to practice any form of allopathic medicine; that they neither diagnose or prescribe treatment for any condition or problem from which I may be suffering; and that should I have any physical or mental complaints, I will consult a licensed medical doctor or therapist. I understand and acknowledge that the Program makes no claims as to the safety or results of the course for any particular individual. I further understand that the Program uses psychological, contemplative, and mental training techniques which may cause deep positive and/or negative shifts in sense of self, perception, emotion, cognition and memory. I have not been made any promises or warranties that I will receive any benefits or specific results from my participation in this Program.
- I understand that it is my responsibility to consult with a physician before participating in the Activities. I represent and warrant that I am physically and psychologically fit and have no medical condition that would prevent my full participation in the Activities, nor am I participating against medical advice. I will truthfully advise the Company of any and all physical, medical, and emotional conditions in advance that could be affected by the exercises involved in the Activities. I am responsible for notifying the Company of any changes to my health, which could affect my ability to participate in a reasonably safe and healthy manner. Further, I acknowledge that I am responsible for my own wellbeing during the Program, including getting psychological or medical assistance, sufficient food and sleep, and taking any prescribed medicines on time.
- I know and understand the scope, nature, and extent of the risks involved in the Activities. The Activity may require exertion, which may be strenuous and could, in some circumstances, result in injury, including, but not limited to, abnormal blood pressure, fainting, heartbeat disorders, physical injury, and heart attack. I understand that I am responsible to monitor my body. If I experience any unacceptable discomfort, emotional distress or pain, I agree to immediately discontinue the Activity and seek help. I voluntarily, freely and expressly choose to incur all risks associated with any Activity, understanding that those risks may include personal injury, damage to property, and/or death.
- If an emergency or other incident occurs in which, in the sole judgment of the Released Parties or medical personnel, requires medical treatment or care, I hereby consent to such treatment. I understand and agree that any and all medical treatment rendered to me by, or at the request of, any Released Party is not an admission of obligation to provide, or continue to provide, any such medical treatment and also is not a waiver by any Released Party of any right under this Agreement.
- I represent and warrant that: (a) I have read this Agreement and understand it; and (b) I am at least 18 years of age, am in good physical and psychological health, and have no physical or psychological defects that might cause me harm during my participation in any Activity.
- This Agreement extends and applies to all unknown, unforeseen, unanticipated, and unsuspected injuries, damages, loss, and liability, and the consequences of them, as well as those disclosed or known to exist. I expressly waive all provisions of any state, federal, local, or territorial law or statute which provides that releases will not extend to claims, demands, injuries, or damages that are unknown or unsuspected to exist at the time to the person executing the release.
- I authorize the Company’s assignees, licensees, legal representatives and transferees a perpetual, irrevocable and world-wide right to use and publish (with or without my name, company name, or with a fictitious name) any audiovisual recordings, photographs, pictures, portraits or images captured at or around the Program in any and all forms and media and in all manners, including, but not limited to, composite images and distorted representations (“Recordings”), for the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form or on Internet websites) for any product or services, or for such other lawful uses as may be determined by the Company. The Company or its designee shall have complete ownership of the Recordings in which my voice and/or likeness appears, including copyright interests, and I acknowledge that I do not have an interest or ownership in the Recordings or their copyright. I waive any and all right to review or approve any uses of my name, likeness, images, written copy, or finished product. If I happen to express myself in a way that is highly personal and/or private and would like to request that portion be excluded from the Recordings, I acknowledge that it is my responsibility to submit a request in writing to [email protected] within three (3) days of the recording; however, while LAI will use reasonable efforts to remove the requested portion, I acknowledge that it is under no obligation to do so. I expressly release and indemnify the Company and its officers, employees, agents and designees from any and all claims known and unknown, including but not limited to those based on misappropriation, copyright infringement, libel, invasion of privacy or violation of any right of publicity, arising out of or in any way connected with the above granted uses and representations.
- I understand and agree to keep confidential the identities and personal information of other participants that I may become aware of through my participation in the Program as well as the business assets of the Company and its affiliates, and its respective owners, managers, officers, employees, assistants, speakers, presenters and students (collectively “Company Affiliates”). Such information may include Program curriculum and materials, know-how, trade secrets, literary, dramatic and other material suitable for exploitation, photographs, and/or audio/video recordings (each and all of which are considered "Confidential Information"). I acknowledge that the disclosure of any Confidential Information would cause severe adverse personal, business and financial consequences to the Company and Company Affiliates. I agree that during the Program, and at all times thereafter, I will not, directly or indirectly, use, commercialize or disclose the Confidential Information to any person or entity without the consent of the Company.
- This Agreement is legally binding upon me and my heirs, estate, assigns, legal guardians, and personal representatives.
- This Agreement is governed by the laws of the State of Utah. By entering into this Agreement, I knowingly and voluntarily waive any and all rights I may have to a trial before a jury, and agree to mandatory binding arbitration of all disputes or claims arising out of this Agreement; provided that, nothing in this clause shall bar a party from seeking injunctive relief in emergent circumstances, including but not limited to the dissemination of its intellectual property.. Note, MLE will not require you to arbitrate: (1) an individual case in Utah small claims court, so long as it remains an individual case in that court; or (2) a case in which MLE files to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, MLE has the right to require you to arbitrate.
- If any provision of this Agreement is for any reason held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other provision of this Agreement, and this Agreement will be construed as if such invalid or unenforceable provision were omitted. This Agreement may only be modified by a writing signed by an authorized representative of the Company.
- Upon the expiration or other termination of this Agreement, the respective rights and obligations of the parties shall survive such expiration or other termination to the extent necessary to carry out the intentions of the parties under this Agreement.
I have carefully read this Agreement, including the release and waiver of liability, and fully understand its contents. I freely and voluntarily agree to these terms and conditions. I understand that I would not be able to participate in the Program without signing this waiver. I assert that my participation and signing is voluntary and that I assume all risks.