SWCI Guidelines and Release

  • OKLEVUEHA NATIVE AMERICAN CHURCH of TAYLORSVILLE (ONAC), UTAH & SACRED WISDOM CIRCLE INSTITUTE (SWCI) EXPLANATION, GUIDELINES AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY. IMPORTANT: READ CAREFULLY AS THIS IS A LEGAL CONTRACT AND AFFECTS YOUR RIGHTS
    1. EXPLANATION. The purpose of ONAC Sacred Wisdom Circles, the 13th Moon and other sponsored Ceremonies and Teachings are to provide education in traditional Native American(American Indian or Indigenous) ways and to foster personal growth by creating an environment for members where they step outside of their comfort zone and explore their personal beliefs and behaviors, the consequences of these beliefs/behaviors, and to seek suggestions on how one might change these beliefs/ behaviors with the goal of transformation, healing, greater understanding and happiness through the reduction and elimination of limiting beliefs/behaviors. These Ceremonies may include physically challenging activities and ceremonial medicine, and you agree and acknowledge that your participation at every level is an exercise of your own free will and that you are under no pressure or duress to sign this form or any forms or to participate at any level and that if you feel uncomfortable or unsafe at any time that you will do what you need to in order to be safe. You are encouraged to participate; however, you will not be required, or pressured to participate in any particular exercise or activity.
    2. ONAC/SWCI “Teachings and tools” have been designed to create a more positive way of being and a lifestyle that supports cross-cultural growth and can be applied in any environment where leadership, well-being, creativity and wisdom are valued in all areas of our lives. These Teachings or tools can be used and applied within the framework of any human being’s belief system.
    3. AGREEMENT TO FOLLOW DIRECTIONS. By signing this form I agree to abide by the guidelines of ONAC/SWCI, and to follow reasonable directions provided by staff to help keep me safe during the Teachings and/or Ceremonies.
    4. ASSSUMPTION OF RISKS AND RELEASE. By signing this form, I acknowledge that my participation in individual and group experiential activities and Teachings is done with the knowledge that potentially unanticipated risks could result in physical injury or emotional trauma from past experiences. I understand that such risks simply cannot be eliminated without jeopardizing the qualities of this type of ceremony and can’t always be foreseen. The risks include, among other things: other participants’ and/or my own negligence; emotional stress; the potential for strenuous physical activity; equipment failures; slips and falls; twists and jolts that could result in sprains, pinches, scrapes, broken bones, or even more severe life threatening hazards; snake or spider bites or hypothermia, heat stroke or sun burns.Furthermore, ONAC Medicine People and associated employees have difficult jobs to perform, and while they work diligently to ensure the safety of all participants, they are not infallible and the may be unaware of a member’s fitness or abilities and at times may give incomplete warnings or instructions, or any equipment being used might malfunction.
    5. INDEMNIFICATION. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ONAC. And any leaders and facilitators of ceremony from any and all claims, demands, or causes of action, which are in any way connected with my participation in all Ceremonies/Teachings or my use of any ONAC equipment or facilities, including any such claims which allege negligent acts or omissions of ONAC and any other leaders, facilitators, or Medicine Persons of the program.
    6. FEES. I certify that I have adequate insurance to cover any injury or damage I may cause (either to others or to the facilities/equipment), or suffer while participating in Ceremony/Teachings. If I do not have insurance, I agree to bear the costs of such injury or damage myself. I certify that I am willing to assume the risk and costs of any medical or physical condition I may have.
    7. ARM’S LENGTH AGREEMENT AND DISPUTE RESOLUTION. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Any and all disputes must be resolved by friendly negotiations, and if necessary mediation or, with other legal remedies being sought as a last resort.
    8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this agreement.
    9. TESTIMONIAL RELEASE. I, the undersigned, of legal age, hereby irrevocably and perpetually grant to ONAC/SWCI, their subsidiaries, affiliates, successors and assigns there of : The right to photograph, video and record my name, voice, appearance, likeness, and/or written testimony along with any material furnished by me, in whole or in part, in any program provided by ONAC/SWCI, or any affiliate, subsidiary or assign of ONAC; The right to publish, exhibit and distribute the use of my name, voice, appearance, testimonial and/or likeness along with any material furnished by me, in whole or in part, worldwide, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, radio, television and promotional materials, events and/or marketing plans. I hereby acknowledge that I have not been paid or otherwise compensated nor will I be compensated, for my participation or to record and publish my name, voice appearance, likeness, and/or testimonial, along with any material furnished by me, in whole or in part. I further certify that all material, whether verbal, written or exhibited by me has not been scripted and represents my individual opinions and beliefs, and are true and correct to the best of my knowledge.
    By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against ONAC/SWCI on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
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