“KAP is an energy transformation practice used to achieve your highest potential for those seeking to connect with their intuition and inner wisdom.”
Terms & Conditions
These terms and conditions apply to any product or service of Energy Alchemy. This includes anything related to Ecstatic Breathwork or Kundalini Activation Process (KAP).
Energy Alchemy® (“the Activity”) is a system of services which can result in intense physical and emotional release. Energy Alchemy is a transformational process to create an incredible physical and spiritual experience. It is a simple, safe, and extremely effective process for experiencing breakthroughs and optimal wellness in your life.
This work is deeply experiential and may involve intense physical, energetic, and emotional release. KAP® is not advised for persons with severe mental illness, bipolar disorder or psychosis, seizure disorders, or for persons using major medications, or persons who are under the influence of legal or illegal drugs to the extent that their capacity is impaired.
WARRANTY AND CERTIFICATION
PARTICIPANT CERTIFIES THAT HE/SHE IS PHYSICALLY, EMOTIONALLY, AND MEDICALLY CAPABLE OF PARTICIPATING IN THE ACTIVITY AND SPECIFICALLY ASSUMES ALL RISKS ATTENDANT TO THE ACTIVITY.
WAIVER & RELEASE
In consideration of the risk of injury while participating in the Activity, and as consideration for the right to participate in the Activity, the Participant hereby, for the Participant, his/her heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enters into this waiver and release of liability and hereby waives any and all rights, claims, or causes of action of any kind whatsoever arising out of his/her participation in the Activity. Participant acknowledges that he/she has read and understood this Waiver and Release, its contents and impacts and accepts these Terms and Conditions. Further, the Participant hereby releases and forever discharges the Company, and all affiliates, managers, agents, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss that the Participant may suffer as a result of participation in the aforementioned Activity, including any claims arising from Participant performing the energy technique learned or taught in class on your own at home. Participant also waives any claims that may arise from traveling to and from an event related to this Activity. Participant accepts and agrees to this Waiver and Release willingly and freely.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Company, and all affiliates, managers, agents, staff, facilitators, volunteers, heirs, representatives, predecessors, successors and assigns.
In the event that Participant should require medical care or treatment, Participant agrees to be financially responsible for any costs incurred as a result of such treatment. Participant is aware and understands that Participant should carry his/her own health insurance. In the event that any damage to equipment or facilities occurs as a result of Participant’s willful actions, neglect or recklessness, Participant acknowledges and agrees to be held liable for any and all costs associated with such action.
REFUND AND EXCHANGE POLICY
Products and Live Events: There are no refunds, and exchanges are given at the discretion of the facilitator. Often, the participant will be given a credit to use within a six month period.
Participant hereby agrees to hold harmless, and release the Company from all liability, petitions, and causes of action, all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by Participant or anyone on Participant’s behalf, including attorney’s fees and any related costs which Participant, his/her heirs, representatives, executors, administrators, or any other persons may make while acting on my behalf or on behalf of Participant’s estate, regarding the Activity.
Participant agrees to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, facilitators, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from Participant’s breach of these Terms and Conditions and/or misuse of the Activity. Participant shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to these Terms and Conditions. Participant recognizes and agrees that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
PACKAGES: PURCHASE OF SERVICES AND/OR PRODUCTS
You must be at least 18 years of age to purchase and/or participate in Energy Alchemy® services. Children under the age of majority should review this Agreement with their parent or legal guardian.
PRIVACY AND CONFIDENTIALITY
We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (“Program Participants”). By purchasing access to the Program, Participant agrees: not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Program Participants; that any confidential information shared by the Program Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company; not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Program Participants during class sessions; that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company; the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and that if Participant violates, or threatens to violate, any of the provisions contained in this paragraph the Company will be entitled to, among other things, injunctive relief to prohibit such violations. While Participant is free to discuss his/her personal results from the Program, Participant must keep the experience and statements, oral or written, of all other Program Participants in the strictest of confidence.
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites as a convenience to you and other Program Participants. These third-party materials and websites are not part of the Program, and they may be either withdrawn or terminated at any time without notice to you and without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials, websites, Programs, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
THE Program, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE Program IS AT YOUR SOLE RISK. By purchasing access to the Program, you accept, agree, and understand that you are fully responsible for your results from your participation. You also understand that any testimonials or endorsements by our customers or audience represented on our Programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, Programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance.
Participant agrees and acknowledges that Participant has read and understood these Terms and Conditions, and, notwithstanding any variance from any requirements relating to font size or capitalizations, or other statutory notice requirements agrees to be bound thereby. Participant specifically agrees to forego any contention that any portion of these Terms and Conditions are defective or unenforceable due to a technical insufficiency.
CHANGES The Company reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms and Conditions.
COMPLIANCE WITH LAW The parties shall comply with all applicable laws in performing these Terms and Conditions. Whenever there is any conflict between any provision of these Terms and Conditions and any applicable law, the applicable law shall prevail.
TITLES AND HEADINGS ARE FOR CONVENIENCE ONLY
Participant, affirms that he/she is of the age of 18 years or older, and that Participant is competent to agree to these Terms and Conditions. Participant certifies that he/she has read these Terms and Conditions, that Participant fully understands their content and that these Terms and Conditions cannot be modified orally.
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