AGREEMENT, INCLUDING ASSUMPTION OF RISKS, RELEASE AND INDEMNITY
Please read this document carefully. It affects your legal rights concerning any unexpected events from participation in all events, classes, workshops, trainings, home study courses, and retreats, taught and/or organized online or in person by Dolphin Movement, LLC (“Dolphin Movement”) and its principal, Devi Prem.
I as the participant, client, or online user of the Dolphin Movement, LLC offerings agree as follows:
Dolphin Movement, LLC and Devi Prem are only responsible for the orderly presentation of the course, and I am solely responsible for my own participation, including my own physical, mental and emotional wellbeing. All course activities are voluntary. It is my own choice to participate in each activity to whatever degree I deem appropriate after due consideration of my own personal health, physical abilities, medical condition, mental and emotional state. I further understand that the coursework may be physically, mentally and emotionally strenuous. To the extent I choose to participate, I do so at my own risk and assume full responsibility for any physical, mental, or emotional injuries that may occur during, as a result of or after my participation.
Activities and Risks:
Participants will be engaged in a variety of activities, including, but not limited to, meditation, yoga, dance, exercise and movement. The risks of these activities include, among others, the following: pain caused by moving on a hard floor; swinging into and otherwise colliding with other participants; persons dancing out of control or beyond personal limits; overexertion; overstretching; dehydration; exacerbation of pre-existing injuries, medical conditions and psychological conditions; inadequate physical and/or psychological conditioning; and the negligence of other participants and other persons who may be present. Risks particularly include, but are not limited to, slips and falls, strains, collisions, hitting, or bumping into walls and mirrors and other participants, or being hit or bumped into by other participants, heart-attack and potential of death. While the teacher seeks to manage the risks of dancing, yoga, meditation and other activities involved, she is not aware of a participant’s fitness or abilities or psychological conditions.
I understand that risks such as, but not limited to, those described above are inherent in dancing and moving, yoga and meditation and in the participation in these classes and events and cannot be eliminated without jeopardizing the essential qualities of the activity.
I understand that these classes and events are not a substitute for medical or psychological treatments and that I am fully responsible for my own (or my child’s) physical, emotional, mental and psychological health. I hereby certify that I (or my child) am physically and emotionally fit and mentally stable.
Because the classwork seeks to explore the self as a whole and intends to offer you, the participant, a holistic experience, it might include being touched or physically supported. Any touch offered or given by or to other participants or the teacher will be carried out with your permission and with the utmost integrity and respect. Neither Dolphin Movement nor Devi Prem is liable for the inappropriate behavior of participants. You are at all times free to be touched or not. If you experience unwanted touch, please inform the facilitator.
I agree to behave with integrity and treat the facilitator and all participants with full respect and dignity. I understand that events conducted by Dolphin Movement or Devi Prem offer equal rights and respect to all genders, races, sexual orientations and disabilities.
I will treat any information shared with me by other participants as strictly confidential.
Assumption of Risks: I accept and assume all the risks of dancing, yoga and participating in this event, inherent or not, and whether or not described above. If the participant is a minor, I have explained the risks to him or her. My, or the child’s, participation in this activity is purely voluntary, and I, or the child, elect to participate in spite of the risks.
Use of Materials and Concepts
Many of the concepts employed have evolved over decades of research and development and remain the intellectual property of Dolphin Movement and Devi Prem. I acknowledge and agree that, as a course participant, I am licensed to use such materials and content strictly for my personal development and will not reproduce, sell, loan, disclose or otherwise make such materials, content and information available to others without the prior written consent of Dolphin Movement and Devi Prem.
Unless noted below, I hereby warrant that I am of lawful age and capacity to consent. I have read and understood the foregoing, and freely enter into this agreement with the understanding that it binds my heirs, personal representatives, successors, and assigns, and that it inures to the benefit of Dolphin Movement, Devi Prem, any and all instructors, facilitators, trainers, employees, licensees, associates and suppliers of Dolphin Movement, other participants and the owner of the space in which any activities are conducted and its employees, facilitators, instructors, trainers, suppliers, licensees, and associates. This agreement shall be governed by California law. If any provision is void or unenforceable, all remaining provisions shall remain in full force and effect. Siskiyou County, California shall be the only proper venue for any litigation instituted as a result of the activities contemplated by this agreement or for any interpretation of this agreement.
Release and Indemnity:
In consideration for my being able to participate in and use of the resources this course, class, event, program and or workshop makes available to me, I, an adult, or parent or guardian of a minor, on behalf of myself, the minor and our respective heirs, personal representatives, successors and assigns (collectively, the “Releasors”), do hereby voluntarily, irrevocably and unconditionally release and forever discharge and agree to indemnify, hold harmless and defend (that is, defend and protect, including by paying or reimbursing claims, costs and attorneys’ fees) Dolphin Movement, Devi Prem, any and all instructors, facilitators, trainers, employees and licensees of Dolphin Movement, fellow course participants, outside vendors retained by Dolphin Movement and/or Devi Prem, including the owner of the space in which any such course, class, event, program and/or workshop is conducted, food suppliers, photographers, videographers, speakers, trainers and other subcontractors, from and against any and all causes of action, claims, demands, damages, judgments, liability for any loss, property damage, personal injury, illness or death, and all costs and expenses, including, without limitation, attorneys’ fees, of any kind or nature whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, fixed or contingent, liquidated or unliquidated, which any of the Releasors may at any time have or hold arising from, attributable to or resulting from participation by myself or such minor in such course, class, event, program and/or workshop or while on any premises used for such course, class, event, program or workshop conducted by Dolphin Movement or Devi Prem, including, but not limited to, facilities located in Mount Shasta, California and Ashland, Oregon.
I, an adult, or parent of a minor hereby voluntarily release, forever discharge, and agree to indemnify (that is, defend and protect, including by paying or reimbursing claims, costs and attorneys fees) the teacher and any assistances, the space owner, and all other persons or entities acting in any capacity on behalf of the class organization (“Released Parties”) from any and all claims, demands, or causes of action, which are in any way connected with my, or the minor’s, participation in this class. The agreement of indemnity is intended to include claims arising out of health issues or losses suffered by me (an adult participant or Parent) or the child and health issues or losses caused by me or the child. The agreements of indemnity and release include claims of negligence of a Released Party, but not gross negligence or intentionally wrongful acts.
We may partner with third-party advertising agencies or other service providers to serve ads on our website on behalf of Dolphin Movement L.L.C. or third-party advertisers (e.g., retailers of goods or services). These companies may employ cookies and web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and web beacons is completely anonymous. Some of these third-party advertising agencies may be members of the Network Advertising Initiative, which offers you the option to opt out of ad targeting from its member agencies by following the procedures listed here.We will only share your information with third parties in the ways defined in this privacy statement.
Our age restrictions for different services are set forth in each website’s applicable Terms and Conditions of Service. We do not target any of our sites or services to children under the age of 13, and in compliance with the Children’s Online Privacy Protection Act, any information we may receive from users we believe to be under the age of 13 will be purged from our database.
We have security measures in place to protect against the loss, misuse and alteration of information stored in our databases. These measures include use of Secure Socket Layer (SSL) and/or strong encryption (3DES) technology during credit card transactions and administrator sessions, as well as other security measures which are applied to all data at rest and in transit. We will exercise reasonable care in providing for the secure transmission of information between your computer and our servers, but we cannot ensure or warrant the security of any information transmitted to us over the Internet and accept no liability for any unintentional disclosure.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see below for further information.
In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Privacy Shield Policy
Dolphin Movement L.L.C. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework(s) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and/or Switzerland to the United States. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.
Your Legal Rights
Under certain circumstances, you have rights under data protection laws to include but not limited to privacy laws in the United States and General Data Protection Regulation in the European Union in relation to your personal data. These include the right to:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please email us at [encrypt-email-contact].
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Links to Other Sites
We are not responsible for the privacy practices or the content of other websites that may be linked to this site or of any third party advertisers.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
This site uses physical, electronic and managerial procedures to protect information collected online including firewalls to protect the loss, misuse and alteration of the information under our control. The use of these security measures is not a guarantee that information supplied over the Internet will not be intercepted.
Email and Spam Policy
We are committed to keeping your e-mail address confidential. We do not sell, rent or lease our subscription lists to third parties, and we will not provide your personal information to any third-party individual, government agency or company at any time unless compelled to do so by law. We will use your email address solely to provide timely information about Dolphin Movement L.L.C. and its programs and services. Dolphin Movement L.L.C. will maintain the information you send via email in accordance with applicable international law.
In compliance with the CAN-SPAM Act, GDPR, and CASL all email sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further email communication from us.
Resources information included on Dolphin Movement L.L.C. ’s website is not posted for the purpose of promoting/marketing products/services to you. It is primarily posted for the purpose of allowing you to connect with other useful services.
Please note that spam laws and regulations above and beyondDolphin Movement L.L.C. ’s policies may apply to commercial electronic messages sent to individuals who have elected to list their contact information on the Dolphin Movement L.L.C. website.
Click on the “unsubscribe” link on the bottom of the email.
This site makes list servers and Web forums available to its users. Any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose personal or business information.
Updating Your Information
Dolphin Movement L.LC. provides users the following options for changing and modifying information previously submitted.
- For any services where you have a membership account page, you may change your credit card (if applicable), email address, password and other information from the account settings or preferences page; or
- You can send mail or electronic mail to the address listed above, providing us with your account information and letting us know which information you wish to update.
Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with any of our websites, you can contact: [encrypt-email-contact].
Change in Terms of Privacy
Dolphin Movement L.L.C. reserves the right to alter its privacy policies. Any changes to the policy will be posted on this page.
This site is controlled and operated by Dolphin Movement L.L.C. from its offices within the United States. Dolphin Movement L.L.C. makes no representations that materials, information, or content available on or through this site are appropriate or available for use in other locations, and access to them from territories where such materials, information, or content are illegal is prohibited. Those who choose to access this site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
Acceptance of Privacy Statement
Your use of our websites, including any dispute concerning privacy, is subject to this privacy statement and the applicable Terms and Conditions of Service. BY USING OUR WEBSITES, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY STATEMENT AND THE APPLICABLE TERMS AND CONDITIONS OF SERVICE.
Your continued use of any portion of our website following posting of the updated privacy statement will constitute your acceptance of the changes.