Agama Terms And Conditions
AGAMA TEACHINGS ARE LICENSED, NOT SOLD. BY TICKING THE BOX AND PAYING FOR SOMETHING FROM THE AGAMA YOGA WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO PURCHASE OR PARTICIPATE IN ANY AGAMA ACTIVITY.
INTELLECTUAL PROPERTY AND LICENSING OF CONTENT
If you agree to learn with Agama, you are agreeing to stick to the rules of this license agreement. If you don‘t want to or can‘t agree to these rules, then you must not use the Agama name or participate in Agama activities. By agreeing to these terms you also agree to all parts of these documents, so please read through them carefully.
Use of the Agama Name, Trademark and Logo is only permitted if you comply with the terms and conditions of use and are given express written permission to do so by Agama.
Agama teachings are delivered through Active Agama Teachers, officially recognized Agama Centers, digital online courses and the Agama Training Centre.
All courses run under the banner Agama or Agama Yoga from January 1, 2015, will need to comply with the new policies governing use of the name Agama or Agama Yoga. Please note that any course run in a center or a temporary venue that displays the Agama Name, Trademark or Logo in any way is subject to these terms and conditions and administrative policies as published on the agamayoga.com, agamahealing.com, and evolutionyogicafe.com websites regardless of the authorship of the course content.
Persons or organisations who are not currently Active Agama Teachers or authorised Agama Centers but are using the Agama Name, Trademark and Logo will need to pay the Active fee or immediately discontinue use of the Agama Name, Trademark and Logo and remove all promotional materials containing it from public display.
The words Agama or Agama Yoga are not to be used in a website URL or any other part of a website unless explicitly authorised by Agama.
Agama Centers are independent businesses registered in the country in which they operate and are compliant with all tax and other business laws and cultural standards in that country.
Agama Centres must publicly display the Agama Logo prominently at the front of their business premises, correspondence and promotional materials as the main brand in relation to that location and those materials. Agama must not be represented as a sub-brand of any other brand. Official Agama Centers may set up and use a website containing the Agama Name, Trademark and Logo and continue use whilst remaining Active and therefore authorised by Agama.
Agama Centers agree to any franchise agreements, royalty programs and fee requirements for the use of Agama Copyrighted, Intellectual and Trademarked property as set out and communicated in writing or posted on the agamayoga.com website prior to the yearly deadline for Active fees. Any payment of fees to Agama constitutes agreement to these terms, as read and agreed to, as part of the payment process.
Agama Confidentiality And Disclosure Agreement
AGAMA TEACHINGS ARE LICENSED, NOT SOLD. BY TICKING THE BOX AND PAYING FOR SOMETHING FROM THE AGAMA YOGA WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH AGAMA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO PURCHASE OR PARTICIPATE IN ANY AGAMA ACTIVITY.
1. Background. Receiving Party (“the Student”) agrees to receive certain information relating to Agama teachings for the sole purpose of using that information for personal practice aimed at personal growth or development (the “Purpose”).
2. Definition. “Confidential Information” means any scientific, technical, esoteric, trade or business information relating to Agama teachings disclosed by or on behalf of Agama, or any of its employees, researchers, teachers or students, to Receiving Party, whether in oral, written, graphic or machine-readable form, except to the extent such information: (a) is at the time of disclosure or later becomes publicly known under circumstances involving no breach of this Agreement; (b) is lawfully and in good faith made available to Receiving Party by a third party who is not subject to obligations of confidentiality to Agama with respect to such information; or (d) is independently developed by Receiving Party without the use of or reference to the Confidential Information, as demonstrated by documentary evidence.
3. Nondisclosure of Confidential Information. Without express written consent of Agama, Receiving Party shall not directly or indirectly publish, disseminate or otherwise disclose, deliver or make available to any person outside its organization any of the Confidential Information.
4. Required Disclosure. If required by law, Receiving Party may disclose Confidential Information to a governmental authority or by order of a court of competent jurisdiction, provided that (a) Receiving Party shall immediately notify Agama and take reasonable steps to assist in contesting such request, requirement or order or otherwise protecting Agama rights and (b) Receiving Party shall limit the scope of such disclosure only to such portion of the Confidential Information that it is legally required to disclose.
5. Limitation on Use of Confidential Information. Without Agama prior written consent, Receiving Party shall not use the Confidential Information for any purpose, other than the Purpose.
6. Ownership. Nothing contained in this Agreement shall be construed, either expressly or implicitly, to grant to the Receiving Party any rights by license or otherwise in any Confidential Information or to any patent, copyright, trademark or other intellectual property right related thereto.
7. Disclaimer. Agama makes no representation or warranty as to accuracy, completeness, condition, suitability or performance of the Confidential Information, and Agama shall have no liability whatsoever to Receiving Party resulting from its use of the Confidential Information.
8. Termination; Return of Confidential Information. The Receiving Party’s non-disclosure and non-use obligations under this Agreement shall not expire for any Confidential Information hereunder. Upon Agama request, Receiving Party shall promptly return to Agama all Confidential Information and return or destroy all copies, summaries, synopses or abstracts of the Confidential Information in its possession (whether in written, graphic or machine-readable form).
9. Miscellaneous. This Agreement may not be assigned or transferred by either party without the other party’s prior written consent. This Agreement shall be governed by and construed in accordance with British and International Commercial Law, without regard to any choice of law principle that would dictate the application of the law of another jurisdiction. The parties hereby consent to the jurisdiction of the relevant courts sitting in the relevant country where Receiving Party may inhabit or reside or where any breach of this agreement may be made, without restricting any right of appeal. This Agreement is the sole agreement with respect to the subject matter hereof and supersedes all other agreements and understandings between the parties with respect to the same.
Agama Accident Waiver And Release Of Liability
AGAMA TEACHINGS ARE LICENSED, NOT SOLD. BY TICKING THE BOX AND PAYING FOR SOMETHING FROM THE AGAMAYOGA WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH AGAMA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO PURCHASE OR PARTICIPATE IN ANY AGAMA ACTIVITY.
In consideration for my participation in Agama or Agama Yoga training or events, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge Avatara International Inc., Agama Co. LTD and Choose Evolution Co. LTD, their officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in any activity held under the name Agama or Agama Yoga.
I acknowledge that Agama Co. LTD and Choose Evolution Co. LTD do not provide liability insurance for the protection of individuals, groups, organizations, businesses, spectators, or others who may participate in any activity held under the name Agama or Agama Yoga.
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH AGAMA PRACTICES AND TEACHINGS, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am physically fit and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity,
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this form from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that Agama Co. LTD and Choose Evolution Co. LTD and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that Agama training and techniques may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, emotional instability and property loss. The risks include, but are not limited to, those caused by facilities, temperature, weather, condition of participants, equipment, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, teachers, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
The Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I AGREE OF MY OWN FREE WILL.