RELEASE OF LIABILITY

 

This Release of Liability Waiver (this “Waiver”) is entered into between the undersigned individual

(the “Student”) and Vajranandacharya (“Vajranandacharya” “Ashira Meditation”, “Ashira

Buddhism” or the “Sangha”) as of the last date of signature below (the “Effective Date”). The

Student and Vajranandacharya may be referred to in this Waiver collectively as the “Parties.”

Background:

  1. Vajranandacharya is a Buddhist school and community.
  2. Vajranandacharya offers various activities and courses on a range of topics, including but

not limited to meditation, mindfulness, scuba diving, martial arts, trips to domestic and

international locations, healing practices, Buddhist mysticism, computer programming,

career advice, and Karma Yoga (as defined below) (collectively, the “Sangha Activities”).

  1. As part of the Karma Yoga program, students will have access to confidential and

proprietary information related to certain companies.

  1. In order to participate in the foregoing Sangha Activities, the Student hereby enters into

this Waiver to release Vajranandacharya of any liability resulting from or in connection with

the Sangha Activities and agrees to maintain the confidentiality of the proprietary

information that he/she/they access through participation in the Sangha Activities.

The Student agrees as follows:

  1. I agree to the following terms in order to participate in the Sangha Activities.
  2. I recognize certain Sangha Activities may involve strenuous physical activity including, but

not limited to, muscle strength and endurance training, cardiovascular conditioning and

training, and other various fitness activities. I hereby affirm that if I suffer from any disability

or condition, I will not participate in any Sangha Activity that could worsen my injuries or

disabilities and if I do so, I do so at my own risk. I acknowledge that my enrollment and/or

participation in the Sangha activities is purely voluntary, free from any coercion

whatsoever, and in no way mandated by Vajranandacharya or any of its affiliated

organizations. Further, I acknowledge that nothing that is shared or provided to me

through my participation in any of the Sangha Activities is meant to be medical or legal

advice, and does not replace mental health services or the need for medications that a

medical professional may prescribe. I assume full responsibility for any injury, loss, or harm

arising out of my participation in the Sangha Activities.

  1. I hereby release, waive and discharge Vajranandacharya and any of its officers, teachers,

members, and agents, and Cahill Judo Academy in San Bruno (the “Released Parties”),

from any and all liability, claims, demands, or causes of action resulting from death,

disability, personal injury, harm, or losses, and I further promise that I will not sue the

Released Parties or make any claim, in law or equity, for any loss or harm that may arise

out of my participation in any of the Sangha Activities.

 

  1. I acknowledge that I am participating in certain projects of my own free will, free from any

coercion whatsoever, which may involve launching and growing a business. I agree that

these business projects are ultimately a spiritual practice to cultivate selflessness and

spiritual advancement (“Karma Yoga”). I acknowledge that I am engaging in volunteer

based programs to further spiritual growth, and that these programs do not constitute

employment or consulting services. Further, I acknowledge that I may leave the Karma

Yoga program at any time and am under no obligation to participate.

  1. I acknowledge that I may receive confidential and/or proprietary information regarding Karma

Yoga projects and will hold such information in confidence and will not share such

information with third parties.

  1. I understand that defamation involves a false statement that is presented as a fact that

damages the character of an organization. I acknowledge that defamation is illegal under

California law and that Vajranandacharya rightfully needs to protect its organization

against defamation.

  1. I understand that if I were to defame Vajranandacharya, its officers or agents, that

Vajranandacharya will take legal action as a protective measure and should

Vajranandacharya succeed in a lawsuit, Vajranandacharya will have the right to collect

attorney’s fees and any other reasonable costs incurred in enforcing this Waiver.

  1. I acknowledge that I am under no pressure or duress to sign this Waiver. I have been given a

reasonable opportunity to review before signing. I further acknowledge that I am free to

have my own legal counsel review this Waiver if I so desire.

  1. General.

9.1. In the event that any of the provisions of this Waiver shall be held unenforceable,

such provisions shall be limited to the minimum extent necessary so that this

Waiver shall otherwise remain in full force and effect.

9.2. This Waiver shall be governed by the laws of the State of California. The jurisdiction

and venue for any action arising out of the subject matter of this Waiver shall be

California state and the United States federal courts serving San Francisco County,

California and both Parties submit to the personal jurisdiction of such courts.

I, the undersigned Student, affirm that I am at least 18 years of age, that I have read and

understand the terms in this Waiver, that I am giving up legal rights (as set forth in section 3) as a

result of signing below, and I sign of my own free will without any inducement.