Liability and Release Form

AGREEMENT OF RELEASE AND WAIVER OF LIABILITY

Participation in all sessions/retreats during the entire two-year Program is required for certification of completion of the Program. By signing this Agreement, Student commits to full participation in the Program and attendance at all scheduled sessions/retreats. A limited number of students are admitted into the Program, and any cancellations have a significant impact on the group work.

Confidentiality and Non-Disclosure. I understand and agree to keep confidential the identities and personal information of other participants that I may become aware of through my participation in the Program. I acknowledge that all content, including but not limited to teaching methods, curriculum, discussions, written materials, and Program practices (the “Proprietary Information”) are the property of the Company and constitute confidential and proprietary business information and trade secrets, the unauthorized disclosure of which will irreparably harm the Company. I agree to keep the Proprietary Information confidential and that I will not disclose the Proprietary Information to anyone without the prior written consent of the Company. I further agree that I will not teach to any third party any of the Proprietary Information, and that I will refer any person wishing to learn any of the Proprietary Information to the Company. I further expressly agree that I will not use the Proprietary Information for the purpose of soliciting any students or employees of the Company or to otherwise compete with the Company.

Student is required to stay at the retreat center for every retreat. Student must arrive by the start date and time and remain until the end date and time of each retreat. Any exceptions to this policy must be requested by Student in writing and approved by Company in advance.

Student is responsible for all lodging, food, and travel expenses.

If Company determines, in its sole discretion, and at any time, that Student is not suitable for participation in the Program, Company will so inform Student in writing and reimburse all fees paid to date, including the non-refundable deposit. Upon receipt of such notice, Student shall cease all participation in the Program.

Retreat dates and locations are subject to change, though very unlikely. In the event that Company changes any retreat dates, Company will exercise leniency in the mandatory student participation requirement.

Program content is subject to change in the sole discretion of Company.
Tuition fees are not subject to change. Tuition amounts and payment options are listed in Exhibit B of this

Agreement. Student agrees to select one of these payment options by completing Exhibit B.
Program does not provide and is not intended for diagnosis or treatment of any medical or psychological illness.

Cancellation Policies
Requests for cancellations must be made in writing via email to twtusa@thomashueblonline.com.

Cancellation requests received on or before January 1, 2018 incur a $275 cancellation fee. If any payments have been made, Company will reimburse such amounts minus the $275 cancellation fee, not including the non-refundable $500 deposit. If no payments have been made, Student must pay the $275 cancellation fee to terminate this Agreement.

Cancellation requests received after January 1, 2018, and on or before February 1, 2018, incur a $450 cancellation fee. If any payments have been made, Company will reimburse such amounts minus the $450 cancellation fee, not including the non-refundable $500 deposit. If no payments have been made, Student must pay the $450 cancellation fee to terminate this Agreement.

Cancellation requests received after February 1, 2018, and on or before February 23, 2018, incur a $2,300 cancellation fee (50% of the first year’s tuition). If any payments have been made, Company will reimburse such amounts minus the $2,300 cancellation fee, not including the non-refundable $500 deposit. If no payments have been made, Student must pay the $2,300 cancellation fee to terminate this Agreement.

Cancellation requests received any time during the first year of the Program after February 23, 2018, incur a $5,100 cancellation fee (100% of the first year’s tuition plus $500 for the second year’s tuition). If any payments have been made, Company will reimburse such amounts minus the $5,100 cancellation fee, not including the non-refundable $500 deposit. If no payments have been made, Student must pay the $5,100 cancellation fee to terminate this Agreement.

Cancellation requests received at any time after June 2, 2019 (the beginning of the second year) incur a cancellation fee of $4,600 (100% of the second year’s tuition).

Fees must be paid before Student’s obligations under this Agreement are released.

Release and Waiver of Liability

In consideration for being allowed to participate in the Program provided by the Company, I, the Student, do hereby agree to the following legal release and waiver of liability prior to the start of the Program, to the fullest extent permitted by law, as follows:

1. Release of Recordings. For the valuable consideration of participating in the Program, receipt of which is hereby acknowledged, I grant the Company and its designees the right to use my voice and/or likeness and my name as embodied in video, film, audio, photographs or other media (“Recordings”), now known or later developed. This grant includes without limitation the right to edit, mix or duplicate and to use or re-use the Recordings in whole or part as the Company may elect. The Company or its designee shall have complete ownership of the Recordings in perpetuity and throughout the world, in which my voice and/or likeness appears, including copyright interests, and I acknowledge that I have no interest or ownership in the Recordings or their copyright. I acknowledge that such use shall be without payment of fees, royalties, special credit or other compensation to me.

2. Use & Exclusions. I recognize that for the most part these Recordings will be shared only with other participants in the Program. But I acknowledge that it may be appropriate to share certain excerpts or clips more widely, so I grant the Company and its designees the right to broadcast, exhibit, market, and otherwise distribute the Recordings, either in whole or in part, and either alone or with other products, for any commercial or non-commercial purposes that the Company or its designees in their sole discretion may determine. This grant includes the right to use the Product for promoting or publicizing any of the uses. If I happen to express myself in a way that is highly personal and/or private and I want that excluded from the Recordings, I acknowledge that it will be my responsibility to submit my request in writing to twtusa@thomashueblonline.com within three (3) days of the Recording so that it can be excluded.

3. Rights. I confirm that I have the right to enter into this Agreement, that I am not restricted by any commitments to other parties, and that the Company has no financial commitment or obligations to me as a result of this Agreement. I hereby give all clearances, copyright and otherwise, for use of my name, voice and/or likeness embodied in the Recordings. I expressly release and indemnify the Company and its officers, employees, agents and designees from any and all claims known and unknown, including but not limited to those based on misappropriation, copyright infringement, libel, invasion of privacy or violation of any right of publicity, arising out of or in any way connected with the above granted uses and representations. The rights I have granted to the Company are perpetual and worldwide. This consent shall be irrevocable and unconditional, and is entered into with my full knowledge and understanding of the consequences of granting this consent.

 

4. I am well enough to participate.

Physical & Psychological Fitness and Medical Clearance. I understand that it is my responsibility to consult with a physician before participating in the Program. I represent and warrant that I am physically and psychologically fit and have no medical condition that would prevent my full participation in the Program, nor am I participating against medical advice. I will truthfully advise the TWT Program Manager of any and all physical, medical, and emotional conditions in advance that could be affected by the exercises involved in the Program. I am responsible for notifying the Company of any changes to my health, which could affect my ability to participate in a reasonably safe and healthy manner.

 

Personal Monitoring. I agree to follow instructions carefully. I further understand that I am responsible to monitor my body and to immediately stop any exercise or activity that causes me any unacceptable discomfort, emotional distress or pain, and I will report this to a Facilitator immediately.

Deep Relaxation and Altered States. I understand that certain exercises may produce a deep state of relaxation or an altered state of consciousness that may continue for many hours after the exercise is completed. I acknowledge that I may need to refrain from driving a vehicle or operating machinery after such an exercise session, and only commence when I am again capable of safely driving or operating machinery.

 

5. Assumption of all risks. I understand there are risks involved with any truly transformational program. I understand that I am choosing to participate in the Program. I recognize that the Program includes psychological, social and spiritual exercises that might be strenuous, stressful, and trigger physical, mental, psychological, and spiritual reactions. I am fully aware of the risks and potential hazards involved in participating in such cutting edge transformative work. I understand that the Program may release strong emotions and disorienting experiences, and I accept this possibility and the results of such emotional releases and disorientations. I further acknowledge that insofar as potential negligence is concerned, there are risks and dangers that cannot be eliminated in this work, and even if a risk or danger could have been eliminated, this does not always occur. I acknowledge that I am solely responsible for my welfare. In consideration for being permitted to participate in the Program, I agree to assume full responsibility for all risks, injuries or damages, even those caused by the negligent acts or conduct of the Company, its owners, affiliates, operators, employees, agents, and/or officers, both known and unknown, that might occur as a result of participating in the Program.

6. Release of all claims. I release the Company, including Thomas Hübl and all the Company’s owners, directors, officers, managers, advisors, facilitators, agents, affiliates, attorneys, successors and assigns, insurers, independent contractors, and employees (referred to individually and collectively as “Releasees”) from all actions, causes, claims, suits, damages and liabilities arising out of, or connected with, my participation in the Program including, but not limited to, any loss, damage, personal physical, mental or emotional injury, illness (including death), expenses and/or loss of property. I specifically understand that I am releasing any and all claims that arise or may arise from any negligent acts or conduct of the Releasees, to the fullest extent permitted by law. I agree to never institute, prosecute, or in any way aid in the institution or prosecution of any claim, suit, demand, action, or cause of action against releasees for damages, expenses, costs, loss, injury of any kind or nature, including but not limited to, damages to persons or property, or both, whether developed or undeveloped, foreseen or unforeseen, known or unknown, past, present or future, that may be sustained as a direct or indirect consequence of my participation in the Program. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct.

 

7. Waiver of all claims. I acknowledge and agree that I waive all claims that I have or may have against the Company and/or Releasees arising out of my participation in the Program. Specifically, I waive my rights to claims that are presently unknown or unsuspected. I waive and release any rights I may have under California Civil Code §1542, which states as follows: “A general release does not extend to claims which the creditor [participant] does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor [Releasees].”

8. Indemnification. I indemnify Releasees from all liability for any loss, damage, injury, death, illnesses, or expense that I may suffer, arising out of participation in the Program. I agree to indemnify the Releasees, and any of them, to the maximum extend allowed by law, for any cost, expense (including reasonable attorneys’ fees and costs), and loss caused in any way by me. This Agreement is not in derogation of, but rather supplements, any common law rights to indemnification to which Releasees may have. I acknowledge that this Agreement is binding on me and on my successors and assigns.

9. Under no circumstances shall the company or any of its affiliates or agents be liable to student for indirect, incidental, consequential, special or exemplary damages arising from or relating to this agreement, even if it has been advised of the possibility of such damages, and in no event shall the company’s total liability to the student exceed the amount paid by the student to company under this agreement.

10. No other person(s) or party may make a claim. I, my heirs, assigns, legal representatives and spouse, if any, forever release, waive, discharge and agree not to sue the any of the Releasees for any injuries or damages caused by their negligence.

11. This release and waiver is as broad as possible. I agree that this release and waiver will be interpreted as broadly as the law allows, and that if part of this waiver is deemed invalid then the balance shall remain in effect.

12. I am waiving rights that could otherwise have benefited others or me.

13. Governing Law and Jurisdiction. This Agreement is governed by California state law. Venue for all disputes shall be Marin County Superior Court, California. If there is any dispute, I will pay the Company’s and/or any of the Releasees’ attorneys fees and costs. I irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

 

14. Severability; Modification. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is the entire agreement between the parties related to the subject matter herein. This Agreement may only be modified by a writing signed by an authorized representative of the Company.

15. I have carefully read this release and waiver of liability and fully understand its contents. I acknowledge and agree that I have had an opportunity to ask questions and consult with an attorney of my choosing before signing this Agreement.

I freely and voluntarily agree to these terms and conditions. I understand that I would not be able to participate in the Program without signing this waiver, and I again assert that my participation and signing is voluntary and that I assume all risks.