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Agreement to Hold Harmless

In exchange for participation in the services provided by OM LIVING, LLC of Mesa, Arizona, hereinafter known as “OM LIVING, including, but not limited to, participation in the Higher Self Program as a Member, in which I shall be engaging I hereby agree for myself and (if applicable) for the members of my family, to the following:

1. I understand and acknowledge that OM LIVING is in the business of metaphysics, and thereby information obtained thru psychic and/or channeling methods is given to me during the course of services within OM LIVING.  One result of this is that I may become enabled to make better-informed choices to improve my quality of life and personal path. 

2. I further understand and acknowledge that OM LIVING’s information does not come in the form of commands, nor does it take away one’s free choice, free will, nor personal responsibility for one’s thoughts, words, and actions. I am always responsible – primarily and ultimately – for all choices that I make, as well as any actions I choose to take based upon information obtained from, or following, a reading, teaching session, or found on the OM LIVING website, or contained within any information supplied directly or indirectly by OM LIVING.  

3. OM LIVING makes no warranties as to the accuracy of the information presented, nor as to how to use, develop, or incorporate the information into one’s life path. I agree that use of any and every part of the services and information provided by OM LIVING is entirely at my own risk. Any action, or lack of actions, taken by me before, during, and subsequent to dealings with OM LIVING is done solely by my own choice, and therefore remains solely my own responsibility, and is never the responsibility of OM LIVING.

4. I always bear responsibility for my own healing and life path, and for what I may experience in the time following contact with OM LIVING. Therefore, OM LIVING bears no liability or responsibility for any of my subsequent experiences, loss, life changes, health issues, or damages of any type.

5. I agree to hold harmless OM LIVING from any claims and/or litigation arising out of my actions in connection with OM LIVING, including, but not limited to, any claims or litigation involving third Parties. 

6. I warrant that I have the actual legal power, right, and authority to make this Agreement and abide thereby. 

7. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorney’s fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that is it the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing Party in accordance with this provision. 

8. I agree and acknowledge that I am under no pressure or duress to sign this Agreement, and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that OM LIVING has offered to refund any fees I have paid for services yet to be used, if I choose not to sign this Agreement.

9. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

10. This Agreement shall be governed exclusively by the laws of Arizona, without regard to conflict of law provisions. Any lawsuit or legal proceeding arising out of, or relating to, this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Arizona. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they may bring in any other jurisdiction or venue.

 

Release of Liability

In exchange for participation in the activity in which I shall be engaging, organized by the company known as OM LIVING LLC, of Mesa, Arizona, hereinafter known as “OM LIVING”, and/or use of the property, facilities, and services of OM LIVING, I hereby agree for myself and (if applicable) for the members of my family, to the following:

1.  I agree that in the course of receiving information through spiritual services, whether verbally or in writing, in the form of guidance from OM LIVING, that this guidance reaches me only in the form of recommendations, and it carries no imperatives, no obligations, and no instructions, and that I am always solely responsible for how I process guidance that I receive from any source, as well as how I choose to follow or disregard it altogether, and that any consequences from following guidance received from OM LIVING shall not be the responsibility of OM LIVING, but mine alone.

2.   I agree that I am primarily and ultimately responsible for my personal safety and to follow safety instructions made known to me, and where applicable, to my family members, throughout all the time I am, or members of my family are, participating in activities that are physical in nature, lead, conducted, or taught by OM LIVING, whether through online teaching or in person on physical premises hosting the activities facilitated by OM LIVING, and/or using any equipment or building facilities thereof, or engaged in any physical activity including, but not limited to, yoga, dance, calesthenics, or other forms of exercise and physical movement.  I further understand that pertaining to online-conducted activities, I am responsible for familiarizing myself with the content of the online class safety instructional video, and that if I have any questions thereabout, I am responsible for inquiring with OM LIVING. Additionally, I agree to observe and follow all posted location facility rules and warnings, and further agree that it remains my responsibility to learn and follow the safety guidelines given by OM LIVING, the activity instructors, or the employees, representatives, and agents of OM LIVING.

3. I recognize that there are inherent risks associated with the above described physical activity, and I assume full responsibility for personal injury to myself and (if applicable) my family members, and I further release and discharge OM LIVING for injury, loss, or damage arising out of my or my family’s use or presence upon the facilities of OM LIVING, whether caused by the fault of myself, my family, or other third parties.

4. I agree to indemnify and defend OM LIVING against all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of OM LIVING.

5. I agree to pay for all physical damages to the class, workshop, or retreat location facilities of OM LIVING caused by my or my family’s negligent, reckless, or willful actions.

6. This Agreement shall be governed exclusively by the laws of Arizona, without regard to conflict of law provisions. Any lawsuit or legal proceeding arising out of, or relating to, this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Arizona. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they may bring in any other jurisdiction or venue.

7. I agree and acknowledge that I am under no pressure or duress to sign this Agreement, and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that OM LIVING has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

8. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this agreement.

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