NOURISH MEDITATION LLC PARTICIPATION AGREEMENT
THE FOLLOWING IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY.
This Nourish Meditation LLC Participation Agreement (“Agreement”) is between Nourish Meditation LLC, an Ohio limited liability company (“Company”) and you (“Participant”). Participant desires to participate in certain meditation programs offered by Company (“Programs”). As lawful consideration for being permitted by Company to participate in the Programs, Participant agrees to all of the terms and conditions of this Agreement.
1. Assumption of Risk. Participant states that the Programs may involve activities that are dangerous and involve the risk of serious injury, death, or property damage; while particular rules, equipment, and personal discipline may reduce this risk, this risk still exists. Participant states that Participant is voluntarily participating in the Programs with knowledge of the danger involved and hereby: (a) agrees to accept and assume any and all risks of injury, death, or property damage; and (b) hereby agrees to be solely and fully responsible for Participant’s physical and mental states and conditions.
2. Participant Responsibility. Participant hereby assumes full responsibility for any and all damages, injuries, or losses that Participant may sustain or incur while participating in the Programs, including those related to physical exercise, fitness assessments, and food consumption and allergies. Participant hereby expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Company, and its respective agents, heirs, assigns, contractors, and employees (collectively, “Releasees”), arising out of or attributable to Participant’s participation in the Programs, whether arising out of the negligence of Company or any Releasees or otherwise. Participant covenants not to make or bring any such claim against Company or any other Releasee, and forever releases and discharges Company and all other Releasees from liability under such claims.
3. Payment. Participant agrees to pay Company for any fees required for the Programs. If Participant fails to make any payment, Company may suspend or terminate Participant’s access to the Programs until all past due amounts have been paid, without incurring any obligation or liability to Participant by reason of such suspension or termination. Participant shall reimburse Company for all reasonable costs incurred by Company in collecting any late payments, including attorney fees, court costs, and collection costs.
4. Participant Acknowledgements. Participant states and agrees that:
(a) Participant has no medical or health condition or impairment that might inhibit Participant’s safe and active participation in the Programs;
(b) Company does not provide medical insurance coverage or any other type of insurance for the Programs and that any applicable medical insurance must be provided individually by Participant;
(c) the Programs are not intended for medical, therapeutic, or diagnostics use;
(d) the Programs are not meant to be used in the diagnosis, monitoring, detection, or treatment of any disease, condition, or issue;
(e) the Programs are not meant to serve as a replacement or substitute for consulting with Participant’s physicians or other qualified health care providers;
(f) any health, medical, and other information presented in the Programs are strictly for informational purposes only and Participant should consult with Participant’s own health and medical professionals regarding the information presented in the Programs;
(g) Participant should never, under any circumstances, disregard professional medical advice or delay in seeking professional medical advice because of any content in the Programs;
(h) no material or content in the Programs is intended to be a substitute for professional medical advice, diagnosis, or treatment;
(i) all information provided by Participant, if any, to Company is accurate and correct; and
(j) Participant shall consult with Participant’s medical professionals before beginning any physical or nutritional activities or regimens described in the Programs.
5. Intellectual Property Rights. All content in the Programs, including but not limited to all text, software, videos, articles, visual interfaces, music, sounds, photographs, graphics, page layouts, and other materials, and all intellectual property rights therein (collectively the “Company Content”) are owned by Company or third party licensors. Participant shall only access the Company Content through a revocable, non-exclusive, non-sublicensable, and limited license granted from Company, which may be revoked at any time by Company. Except as specifically authorized in writing by Company, Participant may not copy, sublicense, create derivative works of, publish, sell or resell, share, distribute, lend, reverse engineer, publish, rent, or transfer the Company Content.
6. Disclaimer of Warranties; Limitation of Liability. THE PROGRAMS AND ANY COMPANY CONTENT THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM COMPANY, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON INFRINGEMENT OF THIRD PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL BE DEEMED TO ALTER THIS DISCLAIMER, OR TO CREATE ANY WARRANTY OF ANY SORT FROM COMPANY. IN THE EVENT PARTICIPANT PAID ANY FEES TO COMPANY, COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMTIED TO THE FEES PAID TO COMPANY HEREUNDER FOR THE SIX (6) MONTHS PRECEEDING THE EVENT IN WHICH PARTICIPANT’S CLAIM FIRST AROSE, AND IN NO EVENT WILL COMPANY’S LIABILITY FOR ANY REASON EXCEED SUCH AMOUNT.
7. Registration; Security. Access to the Programs may require Participant to create an account (“Account”). Participant further states that Participant will maintain and update all information provided by Participant to ensure accuracy on a prompt, timely basis. Participant is entirely responsible for maintaining the confidentiality and security of Participant’s Account, including Participant’s password(s). Accounts are not transferrable; Participant is specifically prohibited from sharing Participant’s log-in information and password with any other person. Participant agrees to promptly notify Company if Participant becomes aware or suspects any unauthorized use of Participant’s Account, including any unauthorized access or attempted access.
8. Indemnification. Participant shall indemnify, defend, and hold harmless Company against any and all losses, damages, and liabilities (including attorney fees) relating to Participant’s performance or non-performance of Participant’s obligations under this Agreement, including breach of this Agreement.
9. Miscellaneous. Participant shall not assign any of Participant’s rights or obligations under this Agreement. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. No amendment to this Agreement is effective unless it is in writing and signed by each party. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available. This Agreement (and all exhibits), and any issues arising out of it, are governed by the laws of Ohio, and any litigation or proceeding shall be brought in the state or federal courts located in Franklin County, Ohio. In the event of any conflict between the terms of this Agreement, and the terms of any platform that is used for the Programs (i.e. Teachable or similar), the terms of this Agreement shall control.
By participating in any Programs offered by Company, Participant agrees to be legally bound to the terms and conditions contained herein.