Qi Balance LLC Release Agreement
I am entering into this agreement (this “Release Agreement”) with Qi Balance LLC (“Qi Balance”) in consideration for my participation in workshops, classes, camps, and video and audio projects associated with Qi Balance, or its owner, Dr. Yang Yang (formerly doing business as The Center for Taiji and Qigong Studies). I understand that if I do not sign this Release Agreement, I will not be permitted to participate in any of the foregoing activities.
If I am the parent of a child or am the guardian of a child, I am signing this document on behalf of myself and that child, and promise that I have the authority to sign a release on behalf of the child. Whenever this document refers to “I”, it is a reference to me as well as the child.
Part One:
Release of liability for injuries sustained during activities I will be participating in physical activities under the instruction of Qi Balance during demonstrations, seminars, classes, workshops and camps.
I understand that I am going to participate in physical and mental activities that carry a risk of injury. I warrant that I am in good health and have no physical condition or mental condition that should prevent me from participating in any activity. I, for myself, my successors, heirs, assigns, executors and administrators, agree to and do hereby assume all risks of personal injuries to myself including death, and damages to my property, real or personal, caused by or arising out of my involvement in the aforementioned activities.
I also forever unconditionally release and discharge Qi Balance and its members, owners, sponsors, all of its affiliates, subsidiaries, corporate parents, officers, directors, partners, employees (collectively, the “Qi Balance Parties”) and agents from all claims, causes of action, costs and judgments that I now, or hereafter, may have or claim to have against any of the Qi Balance Parties for personal injuries (including death) and damages to property, real or personal, caused by or arising out of my participation in activities sponsored, supervised, or run by any of the Qi Balance Parties.
I further agree and covenant not to file any suit, complaint, charge, claim, grievance or demand for arbitration against any Qi Balance Party in any court, administrative agency, commission or other forum with regard to any claim, demand, liability or obligation arising out of my participation in activities sponsored, supervised, or run by any of the Qi Balance Parties.
I further agree for myself, my successors, heirs, assigns, executors and administrators, to indemnify and hold the Qi Balance Parties harmless from and against all claims and suits for personal injuries, including physical harm, mental harm, death and damages to property, real or personal, caused by my (or my child's or ward's, as applicable) act or omission and arising from my involvement in the aforementioned Qi Balance activities, and from all judgments and costs recovered in said claim and suits and from all expenses incurred in defending said claims or suits. being filmed or taped.
It is understood and agreed that this Release Agreement is not to be construed as an admission by the Qi Balance Parties of any wrongdoing, liability or violation of law.
Part Two:
Teaching the curriculum I further agree that Dr. Yang Yang's instruction is the unique product of his life-long experience in practicing and teaching meditation, qigong, and taiji (t'ai chi) forms, and
1. I will not teach the curriculum of any of the Qi Balance Parties without the express consent of Dr. Yang; and,
2. If I am given permission to teach the curriculum, I will appropriately attribute the curriculum to Dr. Yang Yang and Qi Balance; and,
3. I will not modify the program to create another program offered under a different name.
Part Three:
Permission for use of my image, likeness and voice in video, audio and still images: I understand that I will be helping the Qi Balance Parties produce digital products such as instructional videos, audio programs, and podcasts. These products will be used to assist and supplement the Qi Balance Parties’ instruction of taiji and qigong. By signing this release, I consent to the Qi Balance Parties obtaining video, still, and audio images of me while I am participating in activities arranged by the Qi Balance Parties. These activities include (but are not limited to) receiving instruction, conversations with Dr. Yang and other Qi Balance staff, performing routines, and participating in seminars, classes and workshops.
Some of the content may be obtained during simulated lessons. The content may be used to assist the Qi Balance Parties in providing instruction to others, to promote the activities of the Qi Balance Parties and their programs, or for any other purposes deemed appropriate by the Qi Balance Parties. I understand that the content may be shown to the general public, and such showings may include publication on the internet. Unless there is a written agreement providing for compensation, I will receive no compensation for my participation or for the time involved in filming or taping. I will also not receive credit for my appearance. I understand that if the content appears on the internet, there is a risk that the content may be downloaded, copied and disseminated by others without the permission of the Qi Balance Parties and the Qi Balance Parties will not be liable for such unauthorized copying. The content will remain the sole property of the Qi Balance Parties or its assigns. I am not entitled to make any use of the content in addition to the permitted use by an ordinary purchaser of the content. The Qi Balance Parties do not promise to portray me in a particular light, nor do the Qi Balance Parties promise that I will appear in any of the published content. The Qi Balance Parties may obtain video or audio of me and decide not to use any content in which I appear.
This Release Agreement will be governed by and construed and enforced in accordance with the laws of the State of New York.
This Release Agreement contains the entire agreement between me and the Qi Balance Parties and replaces any prior agreements or understandings between me and the Qi Balance Parties, whether written or oral.
This Release Agreement may not be changed unless the changes are in writing and signed by me and an authorized representative of the Qi Balance Parties.
If any provisions of this Release Agreement are declared unenforceable by a court of competent jurisdiction, then such provisions will be deemed to be removed from the Release Agreement and the remaining provisions will be unaffected and remain valid and binding upon both parties.
I certify that I:
1. have carefully reviewed this Release Agreement;
2. fully understand all of its terms and conditions;
3. fully understand that this Release Agreement is legally binding and that by signing it I am giving up certain rights;
4. have not relied on any other representations by any Qi Balance Parties or their employees or agents, whether written or oral, concerning the terms of this Release Agreement; and
5. execute and deliver this Release Agreement freely and voluntarily.