SECTION I: CONSENT TO PARTICIPATE
1. I acknowledge that I am fully and satisfactorily informed about the Training offered by GYTS/GAP COMMUNITY and Sponsor and that I am freely and willingly participating in the training.
2. I understand that the training and all reference to the training includes not only the four days but also future related activities in which I may or may not choose to participate.
3. I understand the TRAINING is an experiential, philosophical, Christian education program that may or may not assist in personal growth. It is neither psychotherapy, nor medical therapy nor a substitute for either of these. GYTS/GAP COMMUNITY trainers are not licensed psychiatrists or psychologists.
4. I understand that the TRAINING may involve physical contact such as hugging and if I do not consent to this I may object or tell the trainer before or at the time the contact occurs. I further understand that several of the processes in the TRAINING involve sharing which may evoke deep emotions, possible emotional stress, anxiety, tears or physical discomfort or exhaustion.
5. I do not have any doubts about my mental health and/or emotional stability in regards to handling the rigors of the TRAINING. I have resolved any such doubts I may have had about the TRAINING by consulting others who are knowledgeable including but not limited to a physician, psychiatrist, psycho-therapist or psychologist. Such person(s) have no objections to my participation in the TRAINING.
6. I understand that GYTS/GAP COMMUNITY, Sponsor, their employees, staff and team members (“GYTS/GAP COMMUNITY and Sponsor Team”) are here to assist me and are responsible only for presenting the TRAINING in an orderly manner. The GYTS/GAP COMMUNITY and Sponsor Team are not my fiduciaries and I do not expect the TRAINING to be administered with the standard of care expected of trained mental health professionals. If I feel mental or physical discomfort or adverse effects during the TRAINING, I will inform a GYTS/GAP COMMUNITY and Sponsor Team member immediately.
7. I understand that I am free to leave the TRAINING at any time or any reason. If during the TRAINING I feel the need for assistance from anyone, either professional or otherwise, I will contact and obtain such assistance.
SECTION II – INSURANCE DISCLAIMER
8. I understand that GYTS/GAP COMMUNITY and Sponsor do not provide any insurance (neither medical, liability, professional nor incident) for my participation in the TRAINING. Thus, if I want insurance of any kind, it is my full responsibility to obtain such insurance.
SECTION III – RELEASE OF LIABILITY and WAIVER OF RIGHT TO SUE
9. Assumption Of Risk: I am fully aware that participating in the TRAINING may contain risks of physical or psychological injury. I know and fully understand the scope, nature and extent of the risks involved in the TRAINING and activities contemplated by this Agreement. I voluntarily and freely incur and assume any and all such risks and dangers.
10. I hereby fully and forever discharge and release GYTS/GAP COMMUNITY and Sponsor from any and all liability, claims, demands, actions and causes of action whatsoever arising out of any damages, both in law and in equity, in any way resulting from personal, physical, psychological or emotional injuries, distress or death arising from or in any way related to the TRAINING. This release from liability includes loss, damage or injury resulting from the negligence of GYTS/GAP COMMUNITY and Sponsor from any other cause or causes.
11. I agree not to institute, initiate or assist the prosecution of any suit, claim or action at law or equity or otherwise against GYTS/GAP COMMUNITY and Sponsor for damages which I or my heirs, executors, administrators, or assigns hereafter may have arising from or in any way related to the TRAINING. This release from liability includes loss, damage, or injury resulting from the negligence or GYTS/GAP COMMUNITY and Sponsor from any other cause or causes.
12. Indemnity: I agree to indemnify and hold harmless GYTS/GAP COMMUNITY and Sponsor from any and all losses, claims, actions or proceedings of any kind which may be initiated by me and/or any other person or organization on my behalf against GYTS/GAP COMMUNITY and Sponsor. This indemnification includes reimbursement of all legal costs and reasonable attorney’s fees incurred by GYTS/GAP COMMUNITY and Sponsor to defend any such actions.
13. Waiver of Punitive Damages: I understand and agree that I am waiving and forever abandoning any claims for punitive, or exemplary, incidental or consequential damages, against GYTS/GAP COMMUNITY and Sponsor. I voluntarily choose to give up this right.
SECTION IV: ARBITRATION
14. Arbitration: I agree that any controversy claim again GYTS/GAP COMMUNITY and Sponsor not released herein, arising out of or relating to my participation in the TRAINING, shall be settled first by mediation between the parties then by arbitration in accordance with the rules of the American Arbitration Association, and not by lawsuit or resort to court process. I fully understand I am giving up my right to sue GYTS/GAP COMMUNITY and Sponsor in a court of law or equity. This shall apply to all claims, including allegations that there have been wrongful acts or omissions by GYTS/GAP COMMUNITY and Sponsor either intentionally or otherwise. The arbitrator’s decisions may be entered in any court having competent jurisdiction. By signing this I am agreeing that any issue or claim arising out of my own participation in the TRAINING shall be decided by neutral arbitration. I am giving up my right to trial by a jury or judge.
SECTION V: MISCELLANEOUS
15. Governing Law: I understand that this Agreement shall be construed and governed by the laws of the State of California, and that it cannot be modified unless in writing and signed by both parties.
16. Entire Agreement: I understand that this Agreement contains ALL the provisions, promises and agreements between the parties with regard to the release of GYTS/GAP COMMUNITY and Sponsor. I acknowledge that there are no oral or written promises or agreements outside of this agreement regarding the release of GYTS/GAP COMMUNITY and Sponsor.
17. Contract: I hereby expressly recognize that this Agreement is a contractI have released any and all claims against GYTS/GAP COMMUNITY and Sponsor.