Disclaimer.

PROGRAM PARTICIPANT AGREEMENT

Consisting of:

1. Application and Agreement

2. Terms & Conditions

a. Refunds and Transfer Policy
b. Waiver of Liability, Assumption of Risk, Indemnity Agreement, Release
c. Intellectual Property Ownership
d. No duplication and sale of course materials
e. Warranties

APPLICATION AND AGREEMENT

Prasanna Wellness is presenting programs and (1) will conduct all necessary communications and process all bookings and payments, together with (2) an authorized Facilitator who will lead the program. The term program refers to all meetings conducted by Prasanna Wellness and includes sessions, classes, courses, workshops, events, programs, meditations, satsangs, breathing exercises, and yoga offered from time to time.

References in this Agreement to Prasanna Wellness or “Facilitator” or to “we”, “our” or “us” in each case refers to Prasanna Wellness and/or the Facilitator. References to “you” or “your” are to you, the participant in the program.

The making of this Application confirms your agreement with Prasanna Wellness, and acceptance of the provisions stated here and, in the Terms & Conditions. You understand and agree that this Agreement, including the Terms & Conditions, becomes effective upon acceptance and acknowledgment by Prasanna Wellness of my application and payment.

You understand and confirm this Agreement, including the Terms & Conditions below, constitutes the entire agreement and understanding between Prasanna Wellness and you.

If, due to your health, you have any concerns about the suitability of your participation, please consult your physician or doctor before submitting this Application and Agreement.

TERMS AND CONDITIONS

This agreement is entered into by and between Prasanna Wellness and you as a user of this website and potential participant in one or more programs of learning administered by the Organization (the “program” or “programs”). We do not offer programs for individuals under 18 years of age. We respectfully ask that minors (persons under the age of 18) do not submit any information to us, use our website or services. No agreement can be entered with minors or with a parent or guardian on behalf of a child or minor.

Additional terms may apply to our programs and where applicable will be included in the registration form or such other means of communication as may be issued to you by the Organization via email, SMS, or other messaging platforms.

I hereby confirm and understand that programs are personal and educational and is not therapy, treatment, medicine, or diagnosis. I understand that I wish to participate online in the program.

I hereby confirm and understand that my program Facilitator is not my doctor, therapist, or psychologist even if they have such qualifications. My program Facilitator is not there to ‘fix’ me or make me well. I hereby confirm and understand that if I have a medical or psychological condition, I will speak and confirm with my healthcare provider or physician, or doctor about the suitability of my participation before applying to any program.

I understand that any benefits derived from this program depend upon the extent of my participation. I accept full responsibility for the outcome of taking the program and I willingly agree to follow all instructions and participate fully.

Confidentiality and Limitation on Use: I understand and agree that the program is a private and personal experience for each participant. As such, I agree to respect the confidentiality of all participants and their remarks and actions; I agree to keep all such information private and confidential.

I will not disclose the content of the program to anyone. I will not attempt to instruct others in the techniques used in the program unless and until I have been certified by the Organization to teach this program.

I acknowledge that I am not authorized to release the contents of any programs, or any parts thereof provided to me online, electronically or in person by the Organization and/or another program participant to any 3rd party without the prior written authorization of the Organization. I confirm that the Organization’s techniques, course material, course format, and exercises constitute private and confidential information and I will neither (1) share this information with or teach this information to others except with the prior written permission of the Organization, nor (2) practice the techniques and exercises outside of the Organization program environment except as otherwise instructed by a certified teacher of the Organization.

Notwithstanding anything stated to the contrary in the foregoing, nothing contained herein shall apply to any confidential information, program content or technique of Organization which is or subsequently becomes readily available to the public other than by breach by the receiving party of the undertakings in this Program Participation Agreement; or is approved for release by written authorization of the Organization.

I acknowledge that the program may be conducted by the Organization by utilizing 3rd party video conferencing, webcast, webinar or e-learning platforms (hereinafter collectively referred to as “Online Platforms”). I hereby confirm and acknowledge that for my convenience I will be automatically registered onto the Platform and that I can cancel that registration with the Platform provider directly at any time. I hereby confirm and acknowledge that I understand how to use Online Platforms and the risk of using these platforms. I understand and agree that the Organization is not the proprietor or in any way responsible for the proper functioning and management of the Online Platforms being utilized. In view thereof, I agree not to hold the Organization liable or responsible for any breach of privacy policies or regulations under the relevant law, any security vulnerability, or any unintended inherent flaw in the software code of the Online Platforms being utilized by the Organization.

I understand that any links or access codes shared with me for accessing the program via Online Platforms are limited to my personal use and I will not share them with any 3rd party (including other participants of the program). I shall also refrain from taking and/or sharing photographs and/or screenshots and/or video recordings of other participants during the program without obtaining their prior written consent.

I grant unrestricted rights to the Organization to use my image, name, voice, and likeness for written, audio and/or visual presentations on behalf of the Organization. I understand that the written, audio and/or visual presentations may be used in print, broadcast, and online promotions to advance the purposes of the Organization around the world. If I wish to withhold or withdraw this grant of rights, I may do so by writing to the Organization at PrasannaWellness@gmail.com.

This agreement is governed by the laws of Canada and shall be subject to the exclusive jurisdiction of the Courts in Canada. Any failure to enforce any provision of this agreement shall not constitute a waiver thereof or of any other provision hereof.

REFUND, TRANSFER, WITHDRAWAL, AND CANCELLATION POLICY

1. If you wish to receive a refund for any donation you have made to Prasanna Wellness, a 97% refund of the original amount will be refunded upon request. Please send us your donation refund request at prasannawellness@gmail.com.

2. In the event, you cannot participate in the program you have registered for and wish to transfer to the same program offered at a different schedule or transfer to a different program, we would be glad to accommodate your request. Please email us at prasannawellness@gmail.com with the details about your current registration and your request for a program rescheduling or transfer.

3. You may withdraw from any program you have registered for at any time with no obligation. If you wish to withdraw from a program before its commencement, please email us at prasannawellness@gmail.com so we will not send you email alerts or text notifications (if opted) regarding the program.

4. Your participation in the program may be terminated by Prasanna Wellness or the Facilitator, for any material breach of the Agreement including these Terms and Conditions for inappropriate behavior during the program and at the sole discretion of Prasanna Wellness or the Facilitator.

5. In the event of Cancellations and/or Changes to the program by us, we will make every effort to provide the program as agreed upon. However, we reserve the right to cancel the program or alter the date of a program, for any cause beyond our reasonable control. In the very unlikely event that a program is canceled, we will not be liable for any other direct or indirect loss, cost, or expense, of any nature.

WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT, AND RELEASE

As a condition for, and in consideration of the right to participate in any way in any program provided by the Organization (as defined above), I, for myself, my personal representatives, assigns, heirs, and next of kin acknowledge and agree as follows:

1. The nature of Organization programs requires me to be qualified, in good health, and in proper physical condition to participate in such programs. If at any time, I believe or am advised that the conditions of an Organization program may be unsafe for me, I will immediately discontinue further participation.

2. Organization programs involve risk of personal injury which may be caused by my own actions or inactions, the actions or inactions of others participating in the programs, the conditions in which the programs take place, or the acts or omissions of others, and that there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time (“Risks”);

3. I fully accept and assume all Risks and all responsibility for losses, costs, and damages I may incur as a result of my participation in Organization programs.

I hereby release, discharge, and covenant not to sue or hold responsible in any manner whatsoever, the Organization, its affiliates, administrators, directors, agents, officers, members, volunteers, employees, other participants, officials, owners and lessees of premises on which the programs are conducted (the “Released Parties”), from all liability, claims, demands, losses, or damages on my account caused, or alleged to be caused, in whole or in part by the acts, omissions or negligence of any of the Released Parties and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each of them from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.

By agreeing to this Waiver, I acknowledge that I am at least 18 years of age, have carefully read and fully understand this waiver of liability, assumption of risk, indemnity agreement and release, understand that I have given up substantial rights by agreeing to this waiver, have agreed to it freely and without any inducement or assurance of any nature, and intend this to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.

INTELLECTUAL PROPERTY OWNERSHIP

You agree and acknowledge that Prasanna Wellness is the sole and exclusive owner of all Intellectual Property (“IP”) related to Prasanna Wellness’s name and works, including but not limited to the trademark Prasanna Wellness and logos and designs.

WARRANTIES

No warranties of any kind or nature are given by Prasanna Wellness or the Facilitator.

DISCLAIMER, RELEASE, AND INDEMNITY

Prasanna Wellness and the Facilitator disclaim all liability for any illness, injury, death, property loss, or damage suffered by you directly or indirectly caused by negligence or breach of contract, breach of duty, or breach of statutory duty by Prasanna Wellness and/or Facilitator which occurs while you are participating in the program, or arising from that participation to the extent permitted by applicable law.

You accept full responsibility for your participation in the program and for all results. You acknowledge that when you participate in the program, you do so at your own risk, and you acknowledge that while you are participating in the program at your location, you assume the risk of, and the responsibility for, any injury or illness that you suffer, death or property damage or loss however such injury, illness, death, loss, or damage may occur, to the extent permitted by applicable law.

You agree to release and indemnify Prasanna Wellness and its affiliates, administrators, Facilitators, directors, agents, officers, members, volunteers, employees, other participants, officials, owners and lessees of premises on which the programs are conducted (the “Released Parties”) against all and any liability or claims arising out of or in connection with any illness, injury, death, property loss, or damage that you may suffer or incur directly or indirectly caused by the negligence, breach of duty, breach of contract, or breach of statutory duty by Prasanna Wellness and/or the Facilitator, or in any way whatsoever, while you are participating in the program. This release, waiver and indemnity will bind your heirs, executors, personal representatives, and assigns.

You understand and agree that any unauthorized use of the material or information provided in the program and/or the Prasanna Wellness trademark will constitute irreparable injury and support the grant of a preliminary and permanent injunction. You further agree that if Prasanna Wellness brings action against you for infringement of its copyright and/or trademarks, Prasanna Wellness will be entitled to recover attorney’s fees reasonably incurred.

Law and Jurisdiction Applicable. This Agreement, including these Terms and Conditions and any actions or rights related thereto are governed by the law of Canada. Exclusive jurisdiction over any action or claim arising out of or in any way related to the Agreement and participation in the Course shall be in the Courts of the United States, State of New York.

All Provisions Negotiable and Accepted. By transmitting the Application and Agreement and by accepting these Terms and Conditions, you waive any and all objections to Application and Agreement and to the Terms and Conditions and accept all the provisions thereof.

Marketing and Communications. Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to advance the purposes of the Organization). You give permission to receive marketing and communication emails from PrasannaWellness.org.

Under the EU Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you register for any program or asked for information from us about our programs or services or (ii) you agreed to receive marketing communications and, in each case, you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt-out of receiving marketing emails from us at any time.

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at prasannawellness@gmail.com at any time. If you opt-out of receiving marketing communications, this opt-out does not apply to the personal data provided. Refer to Privacy Policy – Storage of Data to know how your personal data is stored.

Severable Terms. If any provision(s) of the Agreement including all Terms and Conditions is found to be unenforceable, all the remaining provisions remain in full force and effect.

Entire Agreement. This Agreement constitutes the entire agreement and understanding between you and us. This Agreement shall supersede any prior promises, agreements, representations, undertakings, or implications whether made orally or in writing between you and us relating to the subject matter of this agreement.

Notice. Any notice may be made by email to the address set forth above. The parties may change the email address used as necessary upon notice to the other party.

Amendment. This Agreement may not be amended except in a writing, signed by you and Prasanna Wellness. No signature by Prasanna Wellness, the Facilitator, or You of these Terms and Conditions is required for them to be effective and part of our agreement.

YOUR SUBMISSION OF THIS APPLICATION AND AGREEMENT AND YOUR PAYMENT IF APPLICABLE CONSTITUTE YOUR AGREEMENT TO ALL THE TERMS OF THE AGREEMENT INCLUDING THE TERMS AND CONDITIONS. THE AGREEMENT BECOMES EFFECTIVE UPON OUR CONFIRMATION OF YOUR ACCEPTANCE ON THE PROGRAM WITHOUT ADDITIONAL EXECUTION BY YOU OR US.