Red Tent Revival Terms of Participation
By entering my initials on the Red Tent Revival order form, I agree that I have read and understand the terms of participation and agree to be bound by same. I further acknowledge and understand that the Red Tent Revival Program contains adult language and content that some may find offensive. I certify that I am an adult over the age of 18, and that I freely and voluntarily seek to participate in the Program, with full knowledge that I will be exposed to such content.
ATTENTION: PLEASE READ THE FOLLOWING CAREFULLY.
As a condition of enrollment in the Red Tent Revival Program, including, without limitation, the Pleasure Tribe Program, the How to OM Workshop, the Expand Your Pleasure Potential workshop, the Jade Egg workshop, Sassy Hormone Makeover workshop, the Awaken Your Sacred Spot workshop, and any and all other Programs or Workshops which may be offered through or in any way affiliated with the Red Tent Revival Program series, regardless of the brand name(s) by which such specific Program(s) or Workshop(s) may be identified (the “Program”) presented by KSM International (“KSM”) the enrolled participant . . . (“You” or “Your”) agrees to the following terms and conditions (the “Terms and Conditions”):
- As between You, any person or entity claiming through You, and KSM, KSM owns all right, title and interest (including without limitation, all rights of copyright and trademark) in and to any recorded, written and/or graphic materials (whether in printed, digital, electronic or other form) (the “Materials”) which are delivered to You or to which You have access in connection with the Program. You agree that You will not copy, reproduce, distribute, sell or exhibit the Materials without the prior written consent of KSM. You acknowledge that KSM will suffer irreparable harm in the event that You violate the provisions of this paragraph 1 and, therefore, KSM may obtain injunctive relief to prevent any actual or threatened breach by you of this paragraph, and that no bond shall be required as a condition precedent to obtaining such relief.
- You agree to uphold, protect and respect the right of privacy of each of Your fellow participants. You further agree to treat Your fellow participants and everyone involved with the Program with respect, and to refrain from any potentially offensive statements or conduct at any time.
- You acknowledge that KSM will collect or record information relating to Your participation in the Program, including video recordings of You, audio recordings of You and any written communication, including on the Community site. You further acknowledge that KSM promotes its future programs, in part, by distributing video and audio recordings, and testimonials of its past programs. You hereby irrevocably give KSM permission to use and distribute video and audio recordings of Your likeness and voice, photos, and to use Your name and any written material by You to promote its future programs in perpetuity throughout the world without any additional consideration to You.
- KSM and its agents disclaim any and all warranties (including without limitation, any warranty of merchantability, and/or warranty of fitness for a particular purpose) regarding the Program or the results You may achieve from participating in the Program. The testimonials and examples used in the Program are exceptional results, do not apply to every participant, and are not intended to represent or guarantee that You will achieve the same or similar results. As with any business endeavor, there is an inherent risk of loss and there is no guarantee that You will receive any benefit as a result of participating in the Program.
- During the Program, You may participate in exercises involving self-examination and You may experience emotional or physical reactions. You acknowledge that the Program leaders are not medical doctors or mental health professionals. You assume all risks relating to Your participation in the Program and You hereby release KSM from all claims and liabilities based on any harm or loss You suffer as a result of Your participation in the Program, even if caused by the negligence of KSM. You represent that You do not suffer from any psychological, physical or other condition that could pose a threat of harm to You, to KSM’s employees or agents, or any volunteers or other Program participants. You understand and agree that the Program is not, and is not promoted as, a substitute for psychotherapy and is not therapeutic in nature. You understand that any value you obtain from the Program, You obtain via your own free will and participation. To the extent not already covered herein, you hereby forever release KSM, its principals, investors, shareholders, officers, directors, employees, contractors and agents from, and agree to indemnify, defend and hold each of them harmless against, any loss, liability, or damages suffered as a result of your voluntary participation in the Program.
- You further acknowledge that the Program contains adult language and content that some may find offensive. You certify that You are an adult over the age of 18, and that You freely and voluntarily seek to participate in the Program, with full knowledge that You will be exposed to such content.
- You acknowledge that all payments for participation in the Program are non-refundable, and you expressly agree and do hereby waive any and all rights to seek full or partial refund of any payments made by you, whether you contend that such rights arise by statute, common law, or in equity. If You purchase the Program using installment payments and for any reason fail to make any payment in full when due, You will no longer have access to any course materials, and KSM will not refund any prior payments. If You choose to cancel Your participation in the Program for any reason, You will lose all access to the Program and the Materials at that time. KSM shall have the right to cancel any Program for any reason. We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement, even if we have been advised of the possibility of such damages. In the event that KSM is found to have breached this Agreement in any way, the maximum amount of damages for which KSM will be liable shall not exceed the amount that You have paid to KSM for participation in the program.
- KSM and its agents disclaim any and all warranties (including without limitation, any warranty of merchantability, and/or warranty of fitness for a particular purpose) or the results You may achieve regarding any third party program, product, and/or service provided to You as an incentive or bonus for signing up for KSM’s Program.
- These Terms and Conditions shall be governed by the laws of the State of Colorado. Any controversy or claim arising out of or relating in any way to this Agreement, or the breach thereof, shall be settled exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Said arbitration shall occur in Boulder County, Colorado. You consent to the exclusive jurisdiction (including, without limitation, the exercise of personal jurisdiction over you) and venue of such arbitrator(s) to adjudicate any dispute between us and expressly waive any objection thereto based upon lack of personal jurisdiction, improper venue or inconvenient forum, or any other reason whatsoever. In the event that KSM prevails in any litigation between us, including any appeal therefrom, we shall be awarded, in addition to any other relief to which we may be entitled, our costs and attorney’s fees. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a collective action basis, class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding the foregoing arbitration clause, either party expressly reserves the right to seek injunctive relief against the other in a court of law for breach of this Agreement or violation of federal, state or local laws or regulations, however, any such cause of action for injunctive relief must be brought in the State District Court for Boulder County, Colorado, which Court shall have the exclusive jurisdiction to hear such claim(s) and to which both parties hereby expressly consent to jurisdiction.
- Under no circumstances will KSM be liable to You or any other person for any damages arising from Your agreement to these Terms and Conditions, enrollment and/or participation in the Program (whether actual, exemplary, punitive, consequential, special, incidental, direct or indirect damages) which exceed the amount actually paid by You to participate in the Program.
RELEASE FROM LIABILITY
In consideration of being permitted to participate in the Program, your receipt of the Program materials, and other good and valuable consideration, the receipt and sufficiency of which You hereby acknowledge, You hereby expressly agree to release KSM, its principals, investors, shareholders, officers, directors, employees, contractors and agents from, and agree to indemnify, defend and hold each of them harmless against, any loss, liability, damage, cost and expense (including reasonable attorney’s fees) that You or any third party may incur due to Your participation in the Program (the “Release From Liability”). You understand and agree that this Release From Liability may be pleaded as a full and complete defense to, and the parties hereby consent that it may be used as the basis for an injunction against, any action, suit or other proceeding based on claims released by this Release from Liability. You hereby acknowledge that you have read and voluntarily accept the Terms and Conditions and the Release from Liability, and further agree that no oral representations, statements or inducements have been made to me in connection therewith. The Terms and Conditions constitute the full and entire understanding and agreement between You and KSM. The Terms and Conditions may only be amended or modified by a written instrument executed by both You and KSM. THIS IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE GIVING UP RIGHTS YOU MAY OTHERWISE HAVE.
By entering my initials on the Red Tent Revival order form I agree that I have read and understand the terms of participation and agree to be bound by same. I further acknowledge and understand that the Red Tent Revival Program contains adult language and content that some may find offensive. I certify that I am an adult over the age of 18, and that I freely and voluntarily seek to participate in the Program, with full knowledge that I will be exposed to such content.