Release & Arbitration Agreement
Programs offered by Excellence Seminars International are experiential. Because these programs are most effective when you discover them for yourself, rather than having them explained to you in advance, you may not be fully informed about the nature of the programs prior to enrolling. Further, while we make every effort to limit enrollment in our program to those individuals who are most likely to benefit from them, the effect of our programs on different individuals is not entirely predictable. The overwhelming majority of participants feel that the programs are beneficial and have a positive, exciting effect on their lives; however, you may not agree. Therefore, we ask that you make the following acknowledgments and representations and that you execute the following agreements.
I. Acknowledgments and Representations
1. I understand that I may not be fully informed about the content of the Excellence Seminars International course I am about to take. While I understand in general terms the goals which the course is intended to help me achieve, the means used to attain those goals have not been fully explained to me. I understand and acknowledge that the course is designed as an experience and that any benefits I receive from it will come through my own discovery and initiative, which could be defeated by prior explanation.
2. I understand and acknowledge that in spite of the best efforts of Excellence Seminars International, I may find the course valueless, or I may experience potentially uncomfortable emotions as a result of taking the course. I assume all risk of such consequences, even though I do not fully understand the nature of the course I am about to attend, and I agree that my sole remedy in any such event is limited to the refund of my course tuition, and nothing else.
3. I understand that the course is not psychotherapy or medical therapy, nor is it a substitute for these services. I understand that course leaders are not necessarily licensed psychiatrists or psychologists. I do not expect the course to be administered with the standard of therapeutic care I would expect from trained mental health professionals.
4. I do not have physical problems or deficiencies that would prevent me from fully participating in the course schedule. If I have any doubts about my physical ability to participate according to the published schedule, I have resolved all such doubts by consultation with my private physician prior to enrolling in the course. In such case, my physician has approved my participation in the course
5. If I have concerns about my mental or physical wellbeing or my level of stress during any course session I promise to notify the course leader immediately. I understand that I am free to leave the course at any time, for any reason. If during the course (or afterwards) I feel the need for assistance from anyone, professional or otherwise, I take full responsibility for leaving the course and obtaining it for myself.
II. Indemnity and Release
I accept full personal responsibility for my participation in all Excellence Seminars International courses. Therefore, for myself and on behalf of my heirs, representatives, successors and assigns, I hereby agree that, except arising from gross negligence or willful misconduct, I shall have no claim against, and I hereby agree to indemnify and hold harmless and forever release and discharge Excellence Seminars International , its officers, agents, employees, course participants and representatives, and their successors and assigns, from all injury, damage, claims, liabilities, costs and expenses (i) arising from or related to my participation in any of the company’s courses, whether such claims are made on my behalf, or by me or by a third party, or (ii) should any of my acknowledgments or representations in this Agreement prove to be untrue at the time they are made or subsequently. This indemnity and release includes loss, damage or injury resulting from the negligence of Excellence Seminars International or its officers, agents, employees, course participants and representatives, and their successors and assigns.
III. Dispute Resolution by Arbitration Only
If, upon tender to me of a full refund of my course tuition, I still believe that I have claims against the company which are not released by the above agreements, I shall submit any and all such claims to binding arbitration in Vancouver, British Columbia, under the applicable arbitration rules of the Commercial Arbitration Act of the Province of British Columbia, regardless of where the claim arises. I agree that the award of the arbitrator shall be binding and may be enforced by any court of proper jurisdiction. I agree that any action I may file in a court of law in violation of this Paragraph may be removed by Excellence Seminars International to arbitration, and I shall not contest such removal.