Welcome to the Eros Platform! Your journey into the world of Eros is about to begin. Before we embark, we ask that you carefully read and agree to the following release and agreement.
Because of the nature and content of the course your agreement to the Release of Liability (“Release”) and each and every provision of this Platform Agreement (“Agreement”) is required as a condition of your participation in the Eros Platform. The Release is a waiver of any and all liability and any right of action, whether legal, equitable or in any other form, against Institute of OM LLC, OneTaste Inc. and each of their respective course leaders, employers, managers, employees, staff, volunteers, officers, directors, servants, stockholders, principals, general and limited partners, agents, assigns, heirs, attorneys, representatives, and each of their respective predecessors and successors, subsidiaries, affiliates, divisions, sureties, guarantors, insurers, an d all other related entities (collectively, the “Released Parties”), as a result of any action or omission connected with the content, design, planning, conduct of Released Parties, conduct of other participants and your participation in the Eros Platform.
Assumption of Risk: I understand, acknowledge and agree to each of the following:
• I have reviewed the Released Parties literature and am aware that the Eros Platform is associated with, and teaches content about, the practice of Orgasmic Meditation (OM) that involves the genitals.
• I am (18) eighteen years of age or older.
• That any concepts, notions, ideas, suggestions and recommendations from the Released Parties and anyone acting on behalf of the Released Parties that I accept and or apply to my life, I do of my own freewill.
• That not all of the activities occurring on the Platform and in its courses during my participation are known or foreseeable.
• That the content of the Eros Platform and the OM practice is controversial.
• That while the Released Parties believes that the content of the Eros Platform to be valuable, the Released Parties does not guarantee that participation in the Eros Platform and its content and courses will solve any particular issue or problem I may have. I alone will decide and accept responsibility for how and for what purpose I apply the content of the Eros Platform.
• That I may not agree with all of the content in the Eros Platform and its courses and accept that possibility.
• That the participants in the Eros Platform and its courses may come from diverse backgrounds and hold beliefs and opinions different than mine.
• That certain participants and contributors on the Eros Platform and in its courses may make statements or take actions that I disagree with or find offensive.
• That certain participants may disagree with or find offensive statements I make or actions I take.
• That I may choose not to participate in any activity offered in the Eros Platform and its courses. However, if I do decide to participate, I do so of my own knowing and free will.
• That I have assessed my own emotional, mental and physical well-being, and I have concluded that I wish to and am able to participate in the Eros Platform and its courses.
• That I agree to disclose any psychological or physical health problem, condition or limitation to the Released Parties at the time of application and in any event prior to the course commencing, and that in response to this disclosure the Released Parties may unilaterally decide to end my membership, in which case I would be refunded a pro-rated amount of my membership annual or monthly fee.
• That there are emotional and mental risks associated with participation in the Eros Platform and its courses.
• That if my condition could result in any significant harm to me, I will consult a licensed physician or therapist and, with their expertise, come to a decision as to whether it is safe for me to participate on the Eros Platform and in its courses.
• That regardless of any disclosures I continue to bear sole responsibility for my well-being.
• That I voluntarily and knowingly accept and assume each of the risks and other matters set forth in this paragraph.
Participant’s Representations: I represent that I do not suffer from any psychological, physical or other condition that could pose a threat of harm to the Released Parties’ course leaders, course guides, employees, staff, volunteers or other Eros Platform participants or Eros Platform course participants.
Release of Liability: I hereby forever release and hold harmless Released Parties from any and all claims, causes of action, demands, obligations, breaches of duty, injuries, liabilities, losses, expenses, costs, attorney’s fees, damages, or actions, of every type, kind, nature, description, or character, however defined or denominated, and however claimed or asserted, of any nature, known or unknown, asserted or not asserted, contingent or absolute, matured or unmatured, direct or indirect, arising or accruing in any manner out of, or in anyway directly or indirectly related to my participation in the course, any statements or acts of Released Parties, any statements or acts of the participants or third parties, the content, design and planning of course, regardless if the nature of such claims be monetary, emotional, mental, psychological or physical.
Psychotherapy Disclosure: I understand and agree that the Platform and its courses are not, and are not promoted as, a substitute for psychotherapy and are not therapeutic in nature. I understand that any value I obtain from the Eros Platform or its courses, I obtain via my own freewill and participation. Therefore, to the extent not already covered in the above Release, I hereby forever release Released Parties from any and all liability from any adverse, or negative reactions, or effects, that my experiences may have on me.
Release As Defense: I understand and agree that this Release and Agreement may be pleaded as a full and complete defense to, and the parties hereby consent that it may be used as the basis for an injunction against, any action, suit or other proceeding based on claims released by this Release.
Media License: I hereby consent to the Released Parties recording my voice, likeness and screen name when I participate on the Eros Platform and irrevocably grant the Released Parties unrestricted absolute, perpetual, worldwide right to reproduce, publish, re-broadcast, copy, modify, create derivatives of the recording for any purpose.
Respectful Behavior: I further agree to follow the instructions of the Released Parties’ course instructors, staff, employees and contributors. I further agree to treat my fellow Eros Platform participants and all connected with the course with respect and to refrain from any statements or conduct once objected to or once instructed to do so by either the Eros Platform staff, employees or contributors. I understand that I may be asked to leave a particular Eros Platform course, or the Eros Platform itself, at any time at the sole discretion of the Released Parties. If my membership in the Eros Platform is ended in this manner, I understand I would be refunded a pro-rated amount of my membership annual or monthly fee.
Arbitration: Should any dispute remain or exist that is not covered by the terms of the Release, I further agree to forfeit the right to seek legal remedy in a court of law and agree to refer such dispute to binding arbitration before the Judicial Arbitration and Mediation Services (“JAMS”) in New York, New York in accordance with the laws of the New York and the applicable JAMS Arbitration Rules to settle any and all disputes between myself and any of the Released Parties. JAMS shall appoint the Arbitrator(s) in accordance with its rules unless the parties mutually agree to another procedure. JAMS shall appoint the Arbitrator(s) in accordance with its rules unless the parties mutually agree to another procedure. Judgment upon the award rendered by the Arbitrator(s) shall be entered in any court having jurisdiction pursuant to applicable law.
Any party may seek compliance with these provisions by petition to any court of general jurisdiction. The prevailing party in any such proceeding shall be entitled to the Court’s order for payment of attorney’s fees and costs.
Severability and Effect of Partial Invalidity: I understand and agree that the provisions of this Agreement are severable. In the event a court or other adjudicative body of competent jurisdiction should find any provision or the application of any provision to any person, place or circumstance to be wholly or partially invalid or unenforceable under the law of any jurisdiction, such finding shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect. The provision found to be invalid or unenforceable shall continue to be applicable to the extent permitted under the law of the finding jurisdiction and shall continue in full force and effect under the laws of any other jurisdiction.
Entire Agreement: I understand and agree that this Agreement constitutes the sole and entire agreement between Myself and the Released Parties with respect to the matters covered in it. This Agreement supersedes any prior or contemporaneous agreements, understandings or undertakings, written or oral, by or among the parties regarding such subject matter. I understand and represent that this Agreement is made without reliance on any inducement, statement, promise or representation other than those contained within this Agreement. I also understand and agree that any statements by Released Parties regarding the Eros Platform or its courses are statements of opinion and do not constitute a representation, warranty or guarantee.
Modification and Waiver: I understand and agree that no term or provision of this Agreement may be varied, changed, modified, waived, discharged or terminated orally, but only by an instrument in writing, signed by the party against whom the enforcement of the variation, change, modification, waiver, discharge or termination is sought. The waiver by any party hereto of any breach of any provision of this Agreement shall not constitute or operate as a waiver of such provision or any other provision hereof, nor shall any failure to enforce any provision hereof operate as a waiver at such time, or at any future time, of such provision or any other provision hereof.
Voluntary Execution of Agreement: I acknowledge and agree that I am executing this Agreement voluntarily, knowingly, and without duress or undue influence. I have read this Agreement and understand the terms and consequences of it. I am fully aware of the legal and binding consequences of it. I have had the opportunity to consult with anyone of my choosing prior to executing this Agreement.