RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
IN CONSIDERATION of being permitted to participate in Julie Ann Cairns’s Abundance Activation Coaching Session(s) and/or Seminar, I, for myself and for my personal representatives, assigns, heirs, devisees, beneficiaries, trusts, assignees or other successors-in-interest:
- 1ACKNOWLEDGE AND UNDERSTAND that the Coaching Session(s) and/or Seminar is not therapy and is not intended to provide and does not constitute medical, legal, or other professional advice and/or treatment. The content presented at the Coaching Session(s) and/or Seminar is designed to support, not replace, medical, psychological and/or psychiatric advice and treatment. I acknowledge and understand that Parashift Films Pty Ltd, The Abundance Code, Julie Ann Cairns and any associated employees and representatives are not licensed therapists, psychiatrists, psychotherapists, doctors, or other medical, psychological and/or psychiatric professionals and I agree to seek proper medical and/or therapeutic treatment as needed. I explicitly include any and all costs incurred by me for seeking such proper medical and/or therapeutic treatment with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
- 2ACKNOWLEDGE AND UNDERSTAND that attending the Coaching Session(s) and/or Seminar may be an extremely difficult experience, both physically and emotionally. Attending the Coaching Session(s) and/or Seminar may expose me to extreme, atypical, and/or unnatural circumstances and may lead to extreme physical, psychological, and emotional strains, pressures, and/or distress, both during and after the Coaching Session(s) and/or Seminar, which may cause me, without limitation, anxiety, discomfort, embarrassment, anger, and/or shock. I acknowledge and understand that I am fully responsible for managing myself, my actions and my emotions in connection with the Coaching Session(s) and/or Seminar and am solely responsible for all actions I take and things I say during the Coaching Session(s) and/or Seminar.
- 3ACKNOWLEDGE AND UNDERSTAND that I shall refrain from causing any and all forms of emotional or physical harm and/or violence, or threatening such harm and/or violence, to any other person or entity including, without limitation, any other participant, in connection with the Coaching Session(s) and/or Seminar. If I do so, I acknowledge, understand, and agree that Parashift Films Pty Ltd, The Abundance Code and Julie Ann Cairns needs to balance and preserve fairness while ensuring ultimate safety of the participants and shall have the right to exercise its sole discretion in evaluating such conduct and determining the nature of any required intervention including, but not limited to, asking me to leave the Coaching Session(s) and/or Seminar without a refund. I explicitly include the consequences that I may suffer as a result of engaging in any of the above-described conduct and of Parashift Films Pty Ltd, The Abundance Code or Julie Ann Cairns’s intervention with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
- 4ACKNOWLEDGE AND UNDERSTAND that, in connection with the Coaching Session(s) and/or Seminar, I may reveal and/or relate, and/or other parties (including, without limitation, other Program participants and/or parties affiliated with Parashift Films Pty Ltd, The Abundance Code or Julie Ann Cairns) may reveal and/or relate, information about me of a personal, surprising, defamatory, disparaging, embarrassing or otherwise unfavorable nature of the type that may typically expose me to public ridicule, humiliation or condemnation, and may be considered a serious invasion of my privacy. I explicitly include any injuries or harm that I may suffer as a result of engaging in any of the above described conduct with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
- 5ACKNOWLEDGE AND UNDERSTAND that no party has made any representations or warranties to me about other participants in the Coaching Session(s) and/or Seminar or any other person whom I may encounter in connection with the Coaching Session(s) and/or Seminar, including by not limited to, the mental or physical health of any such person. If I choose to engage in consensual sexual behavior or intimate contact with any such person I do so voluntarily and knowingly and I assume any and all risks that by engaging in such activity I may contract certain sexually transmitted disease and/or infections, and/or (if I am a woman) of becoming pregnant. No representations or warranties have been made to me that any such person is free from sexually transmitted diseases or infections. I am cognizant of the risks and I shall behave in a manner consistent with good judgment and causation as I would in my daily life. I further acknowledge and understand that if I choose to enter into an intimate relationship of a romantic and/or sexual nature with any such person, I do so without any duress and assume any and all risks that may be associated with any such relationship, including but not limited to emotional, physical, or financial harms. I explicitly include any injuries or harm that I may suffer as a result of engaging in any of the above described conduct with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
- 6ACKNOWLEDGE AND UNDERSTAND, agree, and represent that I understand the nature of the activities to be undertaken at the Coaching Session(s) and/or Seminar and that I am qualified, in good health, and in proper physical and mental condition to participate in such activities. I further agree and covenant that if at any time I believe that my participation in an activity at the Seminar would put me or other participants at risk of harm, I will decline to participate in such activity, or if such activity has commenced, immediately discontinue further participation in such activity. If I participate in an activity, I do so voluntarily and knowingly and I expressly assume any and all risks of property damage, personal injury, and/or death to me or other participants arising from my participation in such activity.
- 7The information contained in this program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice. Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.
- 8THE INFORMATION PROVIDED IN THIS PRODUCT IS SOLD AND PROVIDED ON AN “AS IS” BASIS. PARASHIFT FILMS PTY LTD, THE ABUNDANCE CODE OR JULIE ANN CAIRNS DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. THOSE RESULTS ARE YOUR RESPONSIBILIY AS THE END USER OF THE PRODUCT.
- 9ACKNOWLEDGE AND AGREE THAT you have an existing business based on their personal expertise and have purchased this program to add to or augment your existing business activities.
- 10Hereby consent to receive medical treatment which may be deemed advisable in the event of any physical and/or emotional injury, accident and/or illness I may suffer during the Coaching Session(s) and/or Seminar. I acknowledge and understand that no party has made any representations or warranties about the treatment that I may receive and I explicitly include any injuries or harm that I may suffer as a result of the treatment, including but not limited to as a result of inadequate and/or negligent medical treatment, with the matters for which I am releasing, waiving, and indemnifying any claims or liabilities below.
- 11ACKNOWLEDGE AND UNDERSTAND and agree that at the Coaching Session(s) and/or Seminar, video images, movies, photographs and audio recordings may be made by Parashift Films Pty Ltd. and its representatives and employees and by other event holders, sponsors and advertisers of the Coaching Session(s) and/or Seminar. I hereby authorize my photo, video, voice or film likeness (with or without my name) to be used, without any compensation payable to me, for any commercial or non- commercial purpose (including without limitation for publicity, illustration or advertising) in any and all media by Parashift Films Pty Ltd. or the RELEASEES (defined below).
- 12ACKNOWLEDGE AND UNDERSTAND that all video, audio and written materials purchased by or provided to me in connection with the Seminar are protected by copyright laws and I agree not to use, disclose, copy or distribute any such materials to any third parties without the prior written consent of Parashift Films Pty Ltd.
- 13Agree to NOT disclose, authorize disclosure, publish, post, circulate or otherwise disseminate any information learned, disclosed to or obtained by me, of any kind, relating directly or indirectly to Coaching Session(s) and/or Seminar, Parashift Films Pty Ltd, participants, and/or my participation hereunder, as well as any person or entity connected thereto (“Confidential Information”). This means that I shall NOT make statements regarding Confidential Information to any individual or entity, including without limitation, any members of the press or media service, including but not limited to, television, magazine, newspaper, radio and Internet sites, such non-disclosure being of the essence of this Agreement. I also acknowledge that any disclosure of Confidential Information will constitute a material breach of this Agreement and will cause Parashift Films Pty Ltd irreparable injury entitling it to seek any and all remedies at law and equity, including but not limited to, injunctive relief, without posting any bond, punitive damages, and attorneys’ fees and costs.
- 14ACKNOWLEDGE AND UNDERSTAND that my participation in the Coaching Session(s) and/or Seminar is voluntary. I acknowledge and understand the scope, nature, and extent of the risks involved and expressly, voluntarily, and irrevocably assume any and all risks of loss and/or damage to property, illness, injury, and/or death arising from my travel to and attendance and participation in the Coaching Session(s) and/or Seminar, whether or not contemplated in this Agreement and regardless of how it was caused.
- 15To the maximum extent permitted by law, hereby unconditionally and irrevocably forever release, discharge, and covenant not to sue Parashift Films Pty Ltd, its subsidiaries, divisions, affiliates, hosts (including the owners and lessors of the premises on which the Coaching Session(s) and/or Seminar takes place), sponsors, promoters, advertisers, all participants in the Coaching Session(s) and/or Seminar, and all of their respective directors, officers, shareholders, employees, volunteers, representatives and agents of any kind, and the respective successors and assigns of each of the foregoing (each a "releasee" and collectively, the "releasees"), from any and all claims, demands, rights, causes of action, damages, liabilities, losses, attorneys’ fees, costs and expenses of any kind, arising out of, resulting from, or by reason of, any tort, contract, and/or statutory cause of action of any kind whatsoever which i now have or later may have (whether known or unknown, foreseen or unforeseen) against the releasees in any way resulting from, arising out of, or in connection with my preparation for, travel to, attendance in and/or participation in the Coaching Session(s) and/or Seminar, occuring before, during, or after my actual participation in the Coaching Session(s) and/or Seminar, including, without limitation, claims for any injury, illness, damage, loss, or harm to me or my property, or my death. The released claims shall include, without limitation, those based on negligence or gross negligence, wrongful death, personal injury, infliction of emotional distress (both negligent and intentional), products liability, breach of contract, fraud, fraudulent inducement, fraudulent concealment, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, statutory and common law invasion of privacy, intrusion upon seclusion or solitude or into private affairs, public disclosure of private facts, false light, violation of the right of publicity or personality, infringement of intellectual property, and/or loss of earnings or potential earnings, whether caused by any of the releasees or any of the other participants in the Coaching Session(s) and/or Seminar or other third parties. The release extends to any and all claims i have or later may have against the releasees including, but not limited to, claims resulting from or arising out of (i) the releasees’ acts or omissions in connection with the coaching session(s) and/or seminar (whether before, during or after my actual participation in the coaching session(s) and/or seminar); (ii) the conditions, qualifications, instructions, rules or procedures under which the coaching session(s) and/or seminar is conducted; (iii) any medical treatment received; and/or (iv) any other cause. This agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
- 16Hereby agree to release, indemnify, defend and hold harmless each of the releasees from any and all claims, losses, liabilities, damages, expenses (including reasonable attorneys’ fees and costs) of any nature whatsoever, by whomever asserted, which they may incur or suffer arising out of, in connection with, or relating to (a) any breach or alleged breach of any agreement, covenant, representation, warranty made by me in this agreement or (b) my travel in connection with, and preparation for, attendance and participation in the Coaching Session(s) and/or Seminar or the activities associated with the Coaching Session(s) and/or Seminar, whether occurring before, during or after my actual participation in the Coaching Session(s) and/or Seminar, including, without limitation, any injury, illness, damage, loss, harm or death i or any third parties may suffer therefrom and any statement, action or omission of mine during or in connection with the Coaching Session(s) and/or Seminar or resulting directly or indirectly from the seminar (whether before, during or after my actual participation in the Coaching Session(s) and/or Seminar).
- 17Acknowledge and understand and agree that, to the maximum extent permitted by law, the releasees will not be liable to me or any third party for any indirect, consequential, incidental, punitive, or special damages, regardless of the form of action, whether in contract or in tort, including negligence, even if the releasees have been advised of the possibility of such damages. In addition, i acknowledge and understand and agree that under no circumstances shall the releasees’ total liability of any kind arising out of or related to this agreement and the Coaching Session(s) and/or Seminar, regardless of the forum and regardless of whether any action or claim is based on contract, tort, or any other legal theory, exceed my cost of admission to the Coaching Session(s) and/or Seminar. I acknowledge and understand that this limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement and my participation in the Coaching Session(s) and/or Seminar. In the event that any litigation or arbitration is brought by me or the releasees, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation or arbitration.
- 18Acknowledge and understand that there is a possibility that subsequent to the execution of this agreement, I will discover facts or incur or suffer claims which were unknown or unsuspected at the time this agreement was executed, and which if known by me at that time may have materially affected my decision to execute this agreement. I acknowledge and agree that by reason of this agreement, and the release contained in the preceding paragraphs, I am assuming any risk of the existence of such unknown facts and such unknown and unsuspected claims. It is intended, understood and agreed that the release set forth herein constitutes release by myself of all claims, whether known or unknown, regarding or relating to the series.
- 19Acknowledge and understand that if I institute or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the releasees because of injury to my person or property, or my death, due to the activities covered by this agreement, this agreement can and will be used in court as conclusive evidence of my full informed “covenant not to sue” releasees, and it is my full intent and desire that this waiver be given full force and effect to prevent any litigation brought by my estate, heirs, executors, administrators, successors and assigns who may attempt to bring suit against the releasees. I have freely relinquished my right to sue and thus my successors, heirs and assigns shall be equally bound in law and equity by this covenant not to sue. It is my understanding and intent that this agreement will be binding not only on myself, but will also be binding on all other persons or entities including my estate, executors, heirs, personal representatives, administrators or other successors and assigns who may initiate any suit, action, claim or other proceeding arising out of my participation in any and all activities, however such injuries, damages or losses are caused.
- 20ACKNOWLEDGE AND UNDERSTAND that any dispute, controversy, or claim (collectively, “Claims”) arising out of or related to this Agreement, or the creation, validity, interpretation, breach, or termination of this Agreement will be resolved under New South Wales, Australian law. The parties agree not to contest personal jurisdiction or venue in connection with any such proceeding. Disputes may only be resolved on an individual basis, and I agree that I will not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
- 21ACKNOWLEDGE AND UNDERSTAND that this document constitutes the entire agreement and understanding between the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous communications, whether electronic, oral, or written between the parties, and cannot be changed or terminated except by a written instrument signed by the parties hereto.
Parashift Films Pty Ltd.
(The Abundance Code)
Terms of Participation
Parashift Films Pty Ltd, The Abundance Code, Julie Ann Cairns Coaching Session(s) and/or Seminar programs are intense, interactive and, in our opinion, like no other programs which our students have ever experienced.
To fully experience and gain the most benefit from our programs, you agree:
We are committed to providing all participants with a positive experience. Thus, Parashift Films Pty Ltd (the Company) may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
Terms of Participation
We respect your privacy and must insist that you respect the privacy of fellow Program participants.
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.
Thus, you agree:
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
You further agree to execute the Release And Waiver Of Liability, Assumption Of Risk, and Indemnity, annexed hereto.