Release of Liability, Waiver of Legal Rights and Assumption of Risk

 

I understand that I am a voluntary participant of the Volunteer Program (“Program”). To promote the immense benefit to me as a person and my life, in general, and with the deep desire to achieve fruition of my spiritual quest, I voluntarily offer my commitment of time to serve, to volunteer, and to spread the message and teachings of Supreme Pontiff of Hinduism Jagatguru Mahasannidhanam His Divine Holiness Bhagavan Nithyananda Paramashivam (“Swamiji” or “His Divine Holiness”), as taught by Swamiji. I have read and hereby agree to the Volunteer Integrity & Authenticity Declaration (See Below). 

I agree to follow the teachings, philosophy, and the ideology of Swamiji and policies and guidelines of KLV  and/or the Program. I understand my participation in the Program is at the sole and absolute discretion of the Program organizers . 

I hereby certify that I am not suffering from any physical, mental, or psychological disorders or taking any medicines for any physical, mental, or psychological disorders that would interfere with my ability to participate in, or benefit from the Volunteer Program, or volunteer my services as a volunteer in the future.  I also state that I am physically and mentally capable of carrying out the meditations, yoga practices, kriyas, diets, techniques and other activities during my volunteering services. 

For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "Successors") I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the Releasees as defined below and all organizers, promoting organizations, property owners, public entities that are in any manner connected with the Program or event, and their respective agents, officials, other volunteers, and employees through or by which the event or Program will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES' OWN NEGLIGENCE TO THE MAXIMUM EXTENT PERMITTED BY LAW, which I have or which may hereafter accrue to me, and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation I hereby acknowledge and agree that KLV, in letting me volunteer, does not make any claims, promises or guarantees about the individual or group outcome of the Program. 

For myself, and my Successors, I hereby agree to forever release, waive, discharge and covenant not to sue, Swamiji, aka Supreme Pontiff of Hinduism Jagatguru Mahasannidhanam His Divine Holiness Bhagavan Nithyananda Paramashivam, (“Swamiji” or “His Divine Holiness”), Kailaasa Limited, their officers, directors, faculty, administrators, spiritual head, volunteers and/or anyone else directly or indirectly involved in sponsoring, hosting, administrating, marketing, organizing, managing, or conducting the Program (collectively “Releasees”) for any and all claims or demands arising out of any injury (including death), any form of mental distress, property loss, or other damages related to (i) my participation in the Program, including but not limited to injuries, losses or damages caused by the negligence or acts of the Releasees or others, or (ii) the condition of the premises in which the Program occurs, whether or not I am then participating in the Program. 

I further agree to indemnify and hold harmless all Releasees from all claims, judgments, demands, or costs, including attorney’s fees, incurred in connection with any action brought as a result of my participation in the Program.   

I expressly agree that this waiver and release is intended to be as broad and inclusive as permitted by the laws of the Republic of Vanuatu, and that if any portion hereof is held invalid, the remainder shall continue in full force and effect.  

I agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my Successors assert a claim contrary to what I have agreed to in this contract, the claiming party shall be liable for all expenses (including legal fees) incurred by Releases in defending the claims. This contract may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as consent to any other waiver or modification. Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. 

I understand that all blessings, instructions, teachings and suggestions made as part of the Program (or as part of any complimentary segment of the Program, such as but not limited to live Akashic Readings or Deekshas) are purely in a spiritual capacity and are not intended to be any sort of guarantee or definitive statement about the past, present, or the future. I understand that in connection with the Program, the Releasees do not make any claims, promises, or guarantees about the individual or group outcome of the Program or its related services.

My signature below affirms that I have read and understood the above waiver and release and that I voluntarily, freely and without duress agree to its terms, that I have the full right and authority to sign this form and that I am not a minor (unless my legal guardian signs this form below).

COPYRIGHT & INTELLECTUAL PROPERTY

I understand that nothing by my participation in this Program shall be construed as conferring any license under the Terms of Use of any of Releasees or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through this Program is protected by copyright, trademark, patent, or other proprietary rights by us and our affiliates, licensors, and service providers. I agree not to modify, alter, or deface any of the trademarks, service marks, copyrights, patents or other intellectual property made available by  and/or Releasees in connection with this Program (“Program Intellectual Property”). I understand that all Program Intellectual Property is exclusively owned by Sri Nithyananda Swami. I agree not to use any of the trademarks or service marks or other content accessible through this Program for any purpose other than the purpose for which such content is made available to me. I agree not to defame or disparage Releasees, the Program Intellectual Property, or any aspect of this Program, or in any manner which in Releasees’ reasonable judgment may diminish or otherwise damage Releasees’ goodwill or reputation, including but not limited to in any manner which could be deemed unlawful, or which purpose is to encourage unlawful activities.. I agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Program, the Program Intellectual Property or processes, methodologies or techniques used in connection with this Program. I shall not sell, modify, copy, reproduce, distribute, transmit, publish, display, post, or prepare any derivative works of the Program Intellectual Property, or any portion thereof other than uses agreed upon by KLV as per this Agreement obligate.

If at any time or times I shall, either alone or with others, make, conceive, discover or reduce to practice any invention, modification, discovery, design, development, improvement, process, software program, work of authorship, documentation, formula, data, technique, know-how, secret or intellectual property right whatsoever or any interest therein, whether or not patentable or registrable under copyright or similar statutes or subject to analogous protections (collectively, “Developments”) that (a) relates to the operations or activities of Releasees or the Program or which may be used in relation therewith, (b) results from tasks assigned to me by Releasees or which may be used in relation therewith, or (c) results from the use of premises or personal property (whether tangible or intangible) owned, leased or contracted for by Releasees, such Developments and the benefits thereof shall immediately become the sole and absolute property of Sri Nithyananda Swami and its assigns, and I agree promptly to disclose in writing to the KLV all inventions, products, designs, drawings, notes, documents, information, documentation, improvements, works of authorship, processes techniques, know-how, algorithms, technical and business plans, specifications, hardware, circuits, computer languages, computer programs, databases, user interfaces, encoding techniques, software code, source code, libraries and other materials and innovations of any kind that I may make, conceive, develop or reduce to practice, alone or jointly with others, in connection with performing Services or that result from or that are related to such Services or on which such Services are dependent, whether they are eligible for patent, copyright, mask work, trade secret, trademark or other legal protection (collectively, the “Innovations”) at any time upon request of KLV.  I agree that, to the fullest extent legally possible, all Innovations will be owned exclusively by Sri Nithyananda Swami as the sole and exclusive property. I hereby irrevocably assigns, transfers and convey to Sri Nithyananda Swami, and agree to irrevocably assign, transfer and convey to the Sri Nithyananda Swami all of My right, title and interest in the Innovations, including all worldwide patent rights (including patent applications and disclosures), copyright rights, mask work rights, trade secret rights, know-how, and any and all other intellectual property or proprietary rights (collectively, “Intellectual Property Rights”) therein.  I agree, that at any time at the request of KLV, I will execute any documents and take any other actions as may be reasonably necessary, or as KLV and/or Sri Nithyananda Swami or their duly authorized agent may reasonably request, to allow Sri Nithyananda Swami to better perfect his interest and title in and to the Intellectual Property Rights and other legal protections for the Innovations. I hereby appoint the officers of the KLV as My attorney-in-fact to execute documents on behalf of I for this limited purpose.  I also hereby irrevocably transfers and assigns to Sri Nithyananda Swami, and agrees to irrevocably transfer and assign to Sri Nithyananda Swami, and waives and agrees never to assert, any and all Moral Rights (as defined below) that I may have in or with respect to any Innovation, during and after the term of this Agreement.  “Moral Rights” shall mean any rights to claim authorship of any Innovation, to object to or prevent the modification or destruction of any Innovation, to withdraw from circulation or control the publication or distribution of any Innovation, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, regardless of whether such right is called or generally referred to as a “moral right.”  To the extent that I own or controls (presently or in the future) any patent rights, copyright rights, mask work rights, trade secret rights, or any other intellectual property or proprietary rights that block or interfere with the rights assigned Sri Nithyananda Swami under this Agreement (collectively, “Related Rights”), I hereby grants or will cause to be granted to Sri Nithyananda Swami a non-exclusive, royalty-free, irrevocable, perpetual, transferable worldwide license (with the right to sublicense and assign) to make, have made, use, offer to sell, sell, import, copy, modify, create derivative works based upon, distribute, sublicense, display, perform and transmit any products, software, hardware, methods or materials of any kind that are covered by such Related Rights, to the extent necessary to enable Sri Nithyananda Swami to exercise all of the rights assigned to the Sri Nithyananda Swami under this Agreement. Furthermore, to the extent that Sri Nithyananda Swami and/or KLV’s use of any Innovations depends upon or incorporates any portion of My property, such as data, modules, components, designs, software, utilities, libraries, subsets, objects, processes, tools, models and specifications owned or developed by I prior to or independently from any Services (collectively, “Dependent Rights”), I hereby grants or will cause to be granted to the Sri Nithyananda Swami a non-exclusive, royalty-free, irrevocable, perpetual, transferable worldwide license (with the right to sublicense and assign) to make, have made, use, offer to sell, sell, import, copy, modify, create derivative works based upon, distribute, sublicense, display, perform and transmit any products, software, hardware, methods or materials of any kind that are covered by such Dependent Rights, to the extent necessary to enable Sri Nithyananda Swami to exercise all of the rights assigned to Sri Nithyananda Swami under this Agreement. 

 

CONFIDENTIALITY AGREEMENT

 

I acknowledge that as a volunteer, I may work with, have access to, or create information and materials in a variety of formats that are confidential or proprietary to KLV or the Releasee, where applicable, and information developed or learned by me during the course of or as a result of my association with KLV, or its partners’/affiliates, including but not limited to: financial and organization information, proprietary course material and curriculum, training material, think tank and brainstorming discussions, strategy, cost information, information discussed and shared at periodic organizer meetings, information discussed and shared at periodic volunteer meetings, information discussed and shared at teacher training workshops, sales information, donations, grants, business development initiatives, accounting information, accounting software/system, and unpublished financial information, products, designs, trade secrets, methods, know-how, techniques, research methodology, research details, research findings, systems, processes, works of authorship, works of art, quotes, any content or information in books, books-related content, discourses, meditation techniques, meditation-related content, yoga postures, yoga-related content, rituals, rituals-related content, articles, images, audio, video, electronic media, software, software-related material, web content, online material, security information such as username, passwords, access codes, source codes and related information, information submitted by KLV’s customers, suppliers, Volunteers, consultants or co-venture partners with KLV for study, evaluation or use,  information and files related to KLV’s legal affairs; business plans, marketing methods, customer lists, class rosters, student information, teacher information, projects, plans, proposals, devotee lists, donor lists, alumni lists, student lists, teacher lists, volunteer lists, client/participant lists, program registration information, temple visitors, donors, patrons, contact details, customer information, procurement processes, vendor/supplier information a, supplier and advertising strategies, and other information concerning the business and affairs of KLV, Swamiji, the volunteers and anyone else not mentioned here specifically, but who directly or indirectly are involved in the organization and management of KLV, and the Program which are not generally available to the public (hereinafter “Confidential Information”) I acknowledge and agree that all Confidential Information and all physical embodiments thereof are the property of, and confidential to KLV.  I hereby covenant and agree that I will not, during or following my service with KLV, use, publish, divulge, transfer, or disclose any of the Confidential Information to any other person or entity, either directly or indirectly, except as may be required in the ordinary course of performing my duties as a volunteer, and that I will use my best efforts to safeguard such Confidential Information from unauthorized use or disclosure. With regards to any such Confidential Information, provided to me or created or obtained by other means by me, I understand that the usage of such materials for any purpose other than related to the volunteering task is strictly prohibited. In addition, at all times, any and all rights and the possession of the Confidential Information, provided to me or created or obtained by other means by me, are agreed to be the sole and exclusive property of KLV and I shall immediately release and return any materials in my possession immediately upon completion of the related volunteering task or on being asked to stop volunteering. Upon confirmation of the materials being received back by KLV, I promise to immediately hand over any and all copies of such materials in my possession including but not limited to files and various forms of media in my computer and online storage drives, other electronic storage devices, which I have access to.

COMPLIANCE WITH PROGRAM RULES & REGULATIONS

The Releasees reserve the right to enforce reasonable rules and standards of conduct to facilitate the Program for my well-being and enjoyment as well as for the well-being and enjoyment of others. The Releasees reserve the right to terminate my participation in the Program at any time during the Program should my participation interfere with the interests of the other Program participants. I understand that if I display any disruptive, erratic and/or unstable behavior of any kind, Releasees may ask me to leave the Program and/or premises/Program location without notice at anytime. I promise to abide by any such requests.

I promise to abide by all of the directions of Releasees and to follow all accounting, legal, administrative and spiritual procedures and instructions set forth and amended from time to time, including any request from Releasees to stop serving as a volunteer in the future or to leave the Program.  Some other PROGRAM policies include but are not limited to:

If I decided to leave the PROGRAM, and/or or if I am asked to leave the PROGRAM and/or if I am asked to stop being a Volunteer, for any reason, I will give a minimum one month’s notice and promise to abide by all of the directions of Releasees to satisfy any obligations I may have to any of the Releasees, including but not limited to fulfilling my financial commitments.

I will do a proper handover of all the information, job responsibilities, contacts, ashram properties, material, intellectual property, and assets in my possession, in any form of media (including but not limited to audio, video, print, photography, design files, other electronic files, email ids), to the respective KVL administration and respective departments and take a sign off from each of them.

I further understand that by agreeing to join the PROGRAM, KLV is making a considerable investment in time and resources on my training and development. If I decide to leave the PROGRAM, I understand that it is at the discretion of the PROGRAM administration on whether I will need to pay back the reasonable costs associated with the  training and development.

Lodging & Devices

 

KLV  supports the establishment of an enlightened ecosystem and to maintain the privacy, safety and the spiritual ambiance of everyone in that ecosystem, amenities, including but no limited to food, lodging, communication facilities/electronic devices of any sort, will be provided or, in some cases, not permitted, to support and maintain an authentic, integrated enlightened ecosystem. Additionally, you can expect a dorm-style atmosphere where you may be sharing a bedroom and bathroom with other guests of the same gender. 

Meals

Meals are typically basic and served in the dining hall at set times throughout the day.

Karma Yoga

Karma Yoga is the path of unselfish action and is an important part of spiritual life. It teaches that a spiritual seeker should act according to dharma, without being attached to the fruits or personal consequences. Karma Yoga, as per the Bhagavad Gita, purifies the mind. It leads one to consider the dharma of work, and the work according to one's dharma, doing God's work and in that sense becoming and being "like unto God Krishna" in every moment of one's life. Because of this, guests may also take part in the duties around the monastery, like cleaning or gardening.

 

CONSENT & RELEASE REGARDING RECORDINGS

 

By signing this form, I hereby grant to KLV and anyone it designates the right to record me at any KLV event, by any means and in any format and media (“Recordings”). (Recordings also include any testimonials I submit to KLV.) KLV will own the Recordings, and I agree that it may utilize them however it wants to, in whole or in part, anywhere in the world, and in any format and media. I understand that KLV is not required to use the Recordings. I agree that KLV may use my name, likeness, voice and biographical information in connection with the Recordings, and I release KLV and its affiliates from any and all claims and causes of action that I may have now or in the future for defamation, invasion of privacy, or infringement of publicity or personality rights in connection with the Recordings. I represent that (a) I have the full right and authority to sign this form, (b) I am not a minor (unless my legal guardian signs this form below), and (c) the rights I grant to KLV under this form will not be limited by any other contract or obligation. 

 

CONTACT, NOTICES, AND COMPLAINTS

 

In the event of any grievance, I agree to address any such grievance directly with KLV first to informally resolve any such grievance. Any notices, requests, complaints, grievances, claims, demands, inquiries, questions, comments, or other issues relating to the Program or this agreement shall be in writing and delivered to KLV by mail to the address below. 

 

Kailaasa Limited

 

Box 240, Lini Highway, 

Port Vila

Vanuatu

 

GOVERNING LAW, FORUM & DISPUTES

 

This agreement shall be governed by and interpreted solely in accordance with the laws of the Republic of Vanuatu and no other jurisdiction. Any dispute involving the parties to this agreement shall be brought solely within the Republic of Vanuatu and shall be within the exclusive jurisdiction of the courts of the Republic of Vanuatu, without giving effect to any choice or conflict of law provision or rule, whether of the Republic of Vanuatu or any other jurisdiction. The parties agree to submit to the exclusive jurisdiction and venue of the Republic of Vanuatu in all disputes arising out of or relating to this Agreement, or the relationship between the parties. Each party shall be responsible for their own attorney’s fees and costs in the event of a dispute. If any portion of this agreement is found to be invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.

MEDIATION: If any claim, dispute, or controversy arises out of, is based upon, or relates to this agreement or breach thereof, the Program or its related services, or my relationship with the Released Parties, and if the dispute cannot be settled through negotiation, I agree first to try in good faith to settle the dispute by non-binding mediation before resorting to arbitration or any other dispute resolution procedure authorized herein. The mediation shall be commenced by either party serving a written demand for mediation in the manner set forth below. The mediation shall be held in the Republic of Vanuatu before a mediator agreed upon by the parties.  The mediator’s fees will be split equally amongst the parties.  The good faith participation in mediation is a prerequisite to any claim for attorney fees made at any subsequent arbitration proceedings. 

BINDING ARBITRATION: ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING OUT OF, BASED UPON, OR RELATING TO THIS AGREEMENT OR ITS BREACH, THE PROGRAM OR ITS RELATED SERVICES, OR MY RELATIONSHIP WITH THE RELEASED PARTIES SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE WRITTEN REQUEST OF ONE PARTY AFTER THE SERVICE OF THAT REQUEST ON THE OTHER PARTY. THE PARTIES SHALL APPOINT ONE PERSON TO HEAR AND DETERMINE THE DISPUTE. IF THE PARTIES CANNOT AGREE, THEN THE COURTS OF THE REPUBLIC OF VANUATU SHALL CHOOSE AN IMPARTIAL ARBITRATOR WHOSE DECISION SHALL BE FINAL AND CONCLUSIVE ON ALL PARTIES. THE PARTIES SHALL BEAR THEIR OWN LEGAL FEES AND COSTS FOR ALL CLAIMS. THE SOLE AND EXCLUSIVE VENUE FOR THE ARBITRATION AND OR ANY LEGAL DISPUTE, SHALL BE THE REPUBLIC OF VANUATU.  BY INITIALING BELOW, I CONFIRM THAT I HAVE READ AND UNDERSTAND THE ABOVE, AND VOLUNTARILY AGREE TO BINDING ARBITRATION. IN DOING SO, I VOLUNTARILY GIVE UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL AS WELL AS RIGHTS TO APPEAL.