Waiver of Liability, Assumption of Risk, Indemnity Agreement, and Release
IN CONSIDERATION for being permitted to participate in any way in any program provided by the Art of Living Foundation – Canada (“Organization”), I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of Organization programs and that I am qualified, in good health, and in proper physical condition to participate in such programs. If, at any time, I believe or are advised that the conditions of an Organization program to be unsafe, I will immediately discontinue further participation.
2. FULLY UNDERSTAND that: (a) ORGANIZATION PROGRAMS INVOLVE RISKS OF PERSONAL INJURY ("Risks"); (b) these Risks may be caused by my own actions or inactions, the actions or inactions of others participating in the programs, the conditions in which the programs take place, or THE ACTS OR OMISSIONS OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I may incur as a result of my participation in an Organization program.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE or hold responsible in any manner whatsoever, the Organization, its affiliates, administrators, directors, agents, officers, members, volunteers, and employees, other participants, officials, owners and lessees of premises on which the programs are conducted, (each of the forgoing shall be considered one of the RELEASEES herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE ACTS, OMISSIONS OR NEGLIGENCE OF THE RELEASEES OR OTHERWISE; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
By selecting “yes,” I ACKNOWLEDGE THAT I AM OVER THE AGE OF 18 YEARS, HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND RELEASE, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, HAVE AGREED TO IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
- What types of information (if any) may be collected from you and by what means
- How such information may be used and shared
- The consequences (if any) if you choose not to provide personal information
- The measures that the Art of Living takes to maintain data security, quality and integrity
- How you can confirm and, if necessary, change the personal information that the Art of Living maintains
- Where and how to ask questions or file complaints
Our website is not intended for children under 18 years of age. No one under age 18 may provide any personal information on our websites, and we do not knowingly collect personal information from children under age 18. If you are under age 18, do not use or provide any information on this website, make any purchases through this website, use any interactive or public comment features of this website, or provide any information about yourself to us. If we learn that we have collected or received personal information from a child under age 18 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under age 18, please contact us at email@example.com.
Collection of Personal Information and Its Use and Purpose
Demographic and Aggregate Information
In order to provide you with the best possible experience on our website, the Art of Living may collect demographic and aggregate information from online visitors who access its websites. “Demographic information” is anonymous information such as age, gender and geographic location. “Aggregate information” is data about a group or category of services or users from which individual identities have been removed. Demographic and aggregate information is not considered personal information, as it does not permit the identification of an individual.
Online Applications and Donations
Some of our websites allow users to submit personal information in a certain capacity (e.g., program or volunteer applications or donations). Personal information collected in this capacity will be used solely for the purpose specified. For example, program application submissions will be used for the sole purpose of registering and informing participants of current and future Art of Living program offerings. Any financial information collected, such as credit card information, will not be disclosed except as necessary to complete the requested transaction and will be discarded after processing.
User Comments and E-mail
Our websites will sometimes invite users to provide us with their comments on our services or on certain programs. Users who wish to provide us with their comments will sometimes have the option of also providing us with their name and e-mail address. We do not require users to provide us with such information, however. Comments provided to the Art of Living by users may be posted on our websites. Alongside such comments, we may also post the user's first name and last initial as well as the city and province that this user has indicated he or she is from. However, we will take measures to prevent such postings from containing any personal information.
If an online form or an e-mail submitted by a user contains personal information, we will only use such personal information to the extent necessary to respond to any comment or question from such user. We will limit access to such personal information and will keep such personal information in a secure system. Although most online forms and e-mail messages submitted by users are deleted after we respond, in certain cases hard copies or data extracts may be kept on file. Any such copy or any such information, to the extent it is personal, will also be stored in a secure location.
Cookies, Web Beacons and Log Files
The Art of Living also uses "web beacons" (also known as "web bugs," "action tags," "pixel trackers," or "clear GIFs"), which are small, graphic images on a web page, web-based document or in an e-mail message that are designed to allow us or a third party to collect certain information and monitor user activity on our sites. Web beacons are invisible to the user because they are typically very small (only 1-by-1 pixels) and have the same color as the background of the web page, document or e-mail message. We may use web beacons to collect non-personal information such as the IP address of the computer that the web beacon is sent to, the URL of the page the web beacon comes from, and the time it was activated (such as when you view the web page, advertisement or e-mail that contains the web beacon). Web beacons can be linked to personal information, but we do not use web beacons that link to personal information. We may permit third parties to place web beacons on our sites, but these web beacons are not linked to personal information either.
The Art of Living maintains log files, which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. We do not link IP addresses to personal information. In general, we only use log files to monitor traffic on our websites and to troubleshoot technical problems. In the event of abuse, however, we may block certain IP addresses.
Disclosure of Your Personal Information
We may disclose demographic and aggregated information about our users and information that does not identify any individual without restriction.
- To our subsidiaries and/or affiliates.
- To contractors, service providers and other third parties we use to support our business and who are also bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property or safety of the Art of Living, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Personal Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email at firstname.lastname@example.org.
- Promotional Offers from the Art of Living. If you do not wish to have your e-mail address or other contact information used by the Art of Living to promote our own or third parties' products or services, you can opt-out by sending us an e-mail stating your request to email@example.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an e-mail stating your request to firstname.lastname@example.org.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Accessing and Correcting Your Personal Information
You may send us an e-mail at email@example.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Safeguards to Protect Your Personal Information
The Art of Living maintains reasonable safeguards in an effort to ensure the security, integrity and privacy of the personal information we collect. We also have implemented reasonable security measures in an effort to protect against the loss, misuse and alteration of the information under our control. Personal information collected by the Art of Living is stored in secure operating environments that are not available to the public (e.g., locked rooms), and access to that information is limited to employees who need the information to provide you with our products or services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website.
Where and how to ask questions or file complaints