In consideration of participation in the World Peace Leadership (WPL) Volunteer Program, I, the undersigned applicant, agree as follows:
- Voluntary Participation: I have voluntarily entered into this agreement and acknowledge that IBREA Foundation, an Arizona non-profit corporation with its principal place of business at 866 United Nations Plaza, room 479, New York, NY 10017(“IBREA”) provides the Program and related activities (“Activities”) in reliance on my consent.
- Refunds: All requests for refunds for the Program must be requested in writing and presented in person or by certified mail. No refund for the Program shall be available if I complete the program or if I confirm my intention to attend the Program and I either do not show up, or leave the Program early for any reason.
- Recording Authorization: I authorize IBREA to record, by audio, video, photo camera, or other means, my participation in the Activities, I grant IBREA the right to copyright such recordings, and to use and publish them, in whole or in part, worldwide in perpetuity. This authorization expressly includes the right to record, reproduce or otherwise use my name, likeness, image, voice, appearance and/or performance.
- Representation: (1) As an inducement to this agreement, I represent and warrant that I have been examined or have had an opportunity to be examined by a licensed physician before participating in the Activities, and represent that I am in good health and fully able to perform all physical exercises and skills which I am to learn and practice during the Activities. (2) I agree to comply with the rules and regulations provided and acknowledge my participation in the program can be terminated upon my disregard of them. (3) During the Activities, it may be necessary for staff instructors to touch parts of my body. If I have any objection or sensitivity to touching it is my responsibility to inform the staff. By signing this form I consent to appropriate touching by staff instructors.
- Waiver of Liability: I, for myself, my personal representative, heirs, and next of kin, fully acknowledge that participation in the Activities includes sessions which could cause physical or other injury to me or damage to my personal property, and that physical and mental demands may at times be extremely strenuous and exhausting physically and mentally. I am voluntarily participating in the Activities and assume all such risks and I acknowledge it is my responsibility to decide whether I am physically fit for participation. I hereby forever expressly release and hold harmless IBREA, its parents, subsidiaries, referring entities, sponsors, the owners and lessors of premises used for the Activities, and other persons and entities providing support for the Activities and all their respective employees, servants, agents, directors, shareholders, officers, volunteers and affiliates (“Releasees”) from any and all present and future claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out or in connection with the Activities, whether known or unknown, contingent or fixed, at law or in equity, including, but not limited to, any injury or harm to me, loss or theft of my personal, and wrongful death. I covenant not to sue any of the Release for any claim or cause of action based upon or arising out of my participation in the Activities, on any legal theory including, but not limited to, infliction of emotional distress, undue influence and personal injury.
- Confidentiality: At all times while this agreement is in force and after its expiration or termination, I agree to refrain from disclosing IBREA’s customer lists, trade secrets, know-how, any material copy-righted by IBREA, or other confidential information, as well as any personal, psychological, medical or other information related to IBREA’s program’s beneficiaries, IBREA officers, staff, or other IBREA volunteers. I agree to take reasonable security measures to prevent accidental disclosure and espionage.
- Dispute Resolution and Jurisdiction: Any dispute or claim relating in any way to, this agreement, the relationship between me and any of the Releasees, or products or services provided by IBREA (hereafter “Dispute”) will be resolved by binding arbitration, rather than in court, except that I may assert claims in small claims court if my claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court. The arbitration will be conducted by the American Arbitration Association (hereafter “AAA”) under its rules, Including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. IBREA will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. I may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the State of New York or at another mutually agreed location. Any arbitration, lawsuit or other proceedings to resolve a Dispute will be conducted on an individual basis and not in a class, consolidated, collective or private attorney general action. If for any reason a Dispute proceeds in court rather than in arbitration, IBREA and I will waive any right to a jury trial. The arbitration process may be initiated by either party upon written notice sent to the other by certified mail. All aspects of the arbitration shall be strictly confidential and nothing from the arbitration shall be made public. IBREA or I may bring suit in court to prevent any actual or threatened breach of this arbitration non-disclosure provision. This agreement, as well as any and all Disputes will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York without regard to any conflict or choice of law principles.
- Miscellaneous Provisions: (1) I acknowledge that neither IBREA nor anyone else made any representations for promises upon which I relied that are not stated in this agreement. (2) This agreement supersedes and integrates any previous oral or written agreements relating to the subject matter and may not be changed, modified, or discharged except by written instrument duly executed by the parties. (3) If any portion of this agreement is held to be invalid, the balance shall continue in full force and effect.