Terms and Conditions
GROUP TERMS AND CONDITIONS/WAIVER AND RELEASE FROM LIABILITY
In exchange for my ability to add or start a group on the Evryman website, use the evryman.com group formation materials and engage in other EVRYMAN services provided to me by EVRYMAN, Inc., a Delaware Corporation, and their agents, employees, officers, volunteers, and contractors, and any person or organization associated with them and their activities (collectively “EVRYMAN”), I, for myself, my group and anyone who may act on my behalf, (hereinafter referred to collectively as “I and my Heirs” or “my Heirs”) agree to and acknowledges the following:
1. Services. By voluntarily adding or starting a group listed with EVRYMAN, I am granted access to materials relevant to a group, and have access to other group benefits potentially including but not limited to, finding new group members, connecting with other group leads, and online learnings, all of which range in breadth and scope and may include but not be limited to, strenuous, vigorous and challenging physical, mental, emotional and intellectual activities conducted indoors and outdoors (collectively the, “Services”). Evryman may add or remove access to any or all of the Services at anytime at Evryman’s sole discretion.
I acknowledge that my group and the Services are not professional advice and neither my group nor the Services constitute therapy. Further, my group and the Services do not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and the group or Services are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, group therapy, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals. Further it is your exclusive responsibility to seek such independent professional guidance as needed for yourself or your group members. If you or someone in your group are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the Services you plan to engage in.
I acknowledge my group will be conducted in a manner consistent with the Evryman method and I feel competent conducting the according to the Evryman method.
I acknowledge that while EVRYMAN provides support for and approves each group listed on the website, all EVRYMAN groups including yours are independently run and are not owned or controlled by EVRYMAN. As such, I understand and agree that EVRYMAN is not responsible for the activities of my individual group. I further acknowledge and agree that though EVRYMAN coordinates individuals to join groups by region it makes no representations as to the appropriateness or fit of the group for any individual. In addition, I agree that should I form a group or join one, I will not represent EVRYMAN commercially or otherwise to any third-parties without the prior written consent of EVRYMAN. I also agree not to use my group for any purpose other as a men’s group. No commercial activity or solicitation of other groups or group members is permitted.
2. Risks. I am voluntarily creating a group listed on the EVRYMAN site which will give me access to participate in the Services. Conducting your group in consultation of the Services can cause loss or damage to personal property, accidental injury, illness, or, in extreme cases, permanent trauma, disability, or death. I also understand that certain risks are inherent in the group work and the Services and cannot be eliminated without destroying the unique character of the Services.
The risks discussed above may include, but are not limited to: risks associated with group facilitation including physical touch and contact with other participants, mental anguish, emotional distress, and rigorous physical activity and contact; exposure to the conduct of fellow participants; and damage to property owned by me or by others.
I understand that this list is not complete and that other unknown or unanticipated risks may result in property loss, serious injury, illness, or death.
3. Medical Information. I attest that (1) I and my group members have no medical, physical, mental, or emotional conditions which could interfere with or affect my safety while participating in the group or using the Services, and I am fully capable both physically and mentally of participating in the group and using the Services without causing harm to myself or others; or (2) if I or my group members have, or suspect I or my group members may have, any such condition I have disclosed it fully to EVRYMAN. Such disclosure includes physical and mental conditions, medications or treatments that I take or participate in and a history of past medical and/or mental illnesses or conditions.
I further certify that:
- I have no past or present physical or psychological condition that might affect my participation in the Group
- I will ask my group members to attest they have no past or present physical or psychological condition that might affect their participation in the Group
- I understand that certain medical and psychological conditions may increase the risk of participation in group while consulting the Services. I release and forever discharge EVRYMAN from any liability or claims for any injuries to me or my group members which are a direct or indirect result of my medical or psychological condition.
- I represent and warrant that I and my group will be conducted in full command of our faculties and not under the influence of alcohol or drugs and agree not to participate in the Group while under the influence of alcohol and/or drugs.
- I understand that it is my responsibility to continuously monitor my own physical and mental condition during the group, and I agree to withdraw immediately if at any point my/our continued participation would create a risk of danger to myself or to others.
- I understand and agree that engaging in emotional work with Evryman may lead to significant unexpected changes in my life. I understand that in order to process deeply held emotions I may experience changes that can be hard for my friends and family to comprehend and may cause strife. I am able and willing to take personal responsibility for the risk of these possible changes and the effects it may have on my life.
4. Assumption of Risk. I understand and agree that EVRYMAN is not and cannot be a guarantor or insurer of my or my groups safety or well-being. I agree to act with reasonable care for my well-being and the well-being of my group during the group meetings. I further agree to only follow instructions and directions of the Services if I feel fully capable and confident to perform them.
I accept and assume full responsibility for all of the risks and hazards associated with participation in the group, whether known or unknown, including, but not limited to, 1) injury, death, or loss of personal property and related expenses which I may suffer as a direct or indirect result of those inherent risks and dangers described in this Agreement as well as those not specifically described; and 2) any injury that I may cause to any other person or any damage that I may cause to the property of others, as a result of my negligence or wrongful conduct. I elect to participate in the group with full knowledge of all known or potential risks.
5. Voluntary Participation. I confirm that my participation in the group in consultation with the Services is purely voluntary, and that I may decline to participate in the group or any of the Services at any time.
6. Release. In consideration of being able to list my group on the Evryman website and participate in the Services, I, for myself and my heirs, executors and assigns, release and discharge EVRYMAN and their owners, agents, employees, and/or contractors connected in any way with my the Services from any and all actions, claims, causes of action, expenses, damages and demands of any kind including but not limited to any claim of damages for bodily injury, illness, disease, death or loss of personal property now existing or which may in the future result from my participation in the group or the Services. I recognize and agree that this Release covers all claims or demands against EVRYMAN and their owners, agents, employees, and/or contractors including claims or demands based on the negligence or fault of the EVRYMAN and their owners, agents, employees, and/or contractors. I understand and accept that by agreeing to this Agreement, I surrender all rights to make a claim or file a lawsuit against EVRYMAN for personal injury, property damage, wrongful death, products liability (including strict liability), breach of warranty or contract, or under any other legal theory.
7. Nature of Release. This release, waiver, and indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Delaware whose jurisdiction I agree shall govern this agreement regardless of where I reside. If any portion of the Agreement is held invalid, the remainder of the Agreement will still continue in full legal force and effect.
8. Indemnification. In the event a claim is made against EVRYMAN arising from my acts, conduct, participation, claims or injury, I will indemnify EVRYMAN absolutely for all costs and expenses that result.
9. Promise of Confidentiality. While engaging with the Services, I will learn details of and experience how the Services are conducted, in both oral and written form, which are proprietary and owned exclusively by EVRYMAN (the “Proprietary Information”). In addition, I may learn during the course of the Services, information about other participants which is confidential (the “Confidential Information”). As an express condition of my participation in the Services, I agree that I will not reproduce, duplicate, or copy, in any form or manner, any Proprietary Information without the express written permission of EVRYMAN. I further agree that I will not disclose in any form or manner, written or oral, any Confidential Information which I learn as a result of my participation in the Services. I may, however, share my personal experience of the Services as long as I do not disclose any Confidential Information. Furthermore I agree that I will not record, photograph or video any participant in the Services and if I do I shall not publicly disseminate, publish, list on any social media any such recordings, photographs or video without the express written permission of such participant(s) and EVRYMAN.
10. EVRYMAN Promise of Confidentiality. EVRYMAN agrees to maintain the confidentiality of Confidential Information as stated above, excepting only that, if any fact, information or incident is disclosed to staff or other participants which is required by state law to reported then such confidentiality shall not apply.
11. Photo Release. I understand that photos may be taken during the Services that will include my image and I hereby consent to EVRYMAN’s use of any such photos for training, educational, and marketing purposes without any further consent from me.
12. Media Release. I understand that during my participation in some of the Services, EVRYMAN may film, record or photograph me and use such film, recordings or photographs for advertising, marketing, and promotional material about EVRYMAN. By signing this Agreement, I hereby grant EVRYMAN, its successors, assignees, licensees, sponsors, and all other commercial exhibitors the right to use my face, name, likeness, voice and appearance in advertising, marketing and promoting EVRYMAN and its programs and events. I further agree that: a) I agree that I shall not be entitled to any other form of compensation for the use of my face, name, likeness, voice and appearance, b) no materials need be submitted to me for any further approval and c)the use of my face, name, likeness, voice and appearance does not conflict with any existing commitment or agreement on my part.
13. Severability. I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by law in the State of Delaware and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
14. Class Actions. I agree that any arbitration, mediation or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties.
15. Mediation, Arbitration, Waiver of Right to Sue. I expressly agree that despite my agreement to the contrary in this Agreement, should any claim or cause of action of any kind be brought against EVRYMAN as a direct or indirect result of my participation in the Services, it must first be submitted to mediation by a neutral third party, preferably a mediator who practices regularly under the auspices of the courts of the state of Delaware. If after four (4) sessions, mediation is unsuccessful, the matter must then be submitted for a final and binding arbitration. Any such arbitration will be held in Delaware and Delaware substantive law will apply without regard to choice of law principles or where I may reside. I agree that any resulting arbitration award is final and binding upon both EVRYMAN and upon me and my Heirs, executors and assigns, and by executing this Agreement I am expressly waiving any and all rights to litigate any such claim in any state or federal court. Any cause of action to enforce any arbitration award or any cause of action brought against EVRYMAN notwithstanding the waivers contained in this Agreement, must be brought in a court of competent jurisdiction in Delaware. Any arbitrator chosen pursuant to this paragraph will be chosen from a list or lists supplied by the American Arbitration Association (“AAA”), with AAA rules to apply, and/or the Federal Mediation and Conciliation Service, or from any other mutually agreeable source. Should a claim be brought contrary to this Agreement and EVRYMAN must bring an action in State or Federal Court to enforce the terms of this Agreement then EVRYMAN shall be entitled to all costs and fees, including reasonable attorneys’ fees associated with enforcing the terms of this Agreement.
16. Termination. Evryman may terminate my group’s listing on the Evryman site for any or no reason and terminate your groups access to the Services.
17. Agreement Controlling. This release contains the entire agreement between EVRYMAN and me, and supersedes all other agreements or representations, written or oral.
I understand fully that by agreeing to this Agreement, I waive my legal rights both to assert certain claims against EVRYMAN and to sue or otherwise assert any claims in a court of law. I agree that any dispute between EVRYMAN and me, or anyone representing me, or otherwise arising out of my participation in the Group or use of the Services, must be submitted to final and binding arbitration. I represent that I am 18 years or older at the time of agreeing to the Agreement. I fully understand the consequences of this waiver and acknowledge that I have had ample opportunity to ask questions regarding this Agreement and to consult with counsel of my choosing. I have read the Agreement in its entirety, I understand the content and implications of the document, I sign this Agreement freely and voluntarily, and I agree to be legally bound by all of the terms and conditions of this Agreement.
By checking the box, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking the box, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.