RELEASE FORM

 

1. By reading or clicking the accept button on another landing page on www.newthoughtglobal.com or www.erinfallhaskell.com you agree to the following: For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, I irrevocably authorize New Thought Global and Soulciete, Inc. any partners or sponsors, and its designees, licensees and assigns (collectively, “Company”) to record audio and video for the Dr. Erin Podcast or any other distribution platforms, membership site, etc. and/or otherwise as determined by Company (collectively, the “Project”).

 

2. I understand that I will be filmed, recorded, photographed, videotaped and any such recordings, films, videotapes and photographs may include my name, voice and/or likeness. I understand and agree that Company has and shall retain in perpetuity the right to copyright, use, license others to use, edit, alter and otherwise exploit all or any portion of any resulting recordings, films, videotape(s) and/or photograph(s) or any reproduction(s) thereof, and any materials (including, without limitation, any recordings, films, photographs or videotapes, which may contain performances of works that are original to me) submitted by me in any manner or medium (including, without limitation, any and all forms of podcasting or other audio distribution, television, or film, regardless of the means of transmission, and the internet), whether now known or hereafter devised, for any purpose (including without limitation advertising and/or promotion for the Project and Company) and for an unlimited number of times, in perpetuity, throughout the universe, without compensation, except as specified herein and/or to the extent prohibited by law. Without limiting any of the foregoing, the results and proceeds of my services hereunder, including without limitation, all material composed, submitted, added, created, or interpolated by me hereunder (hereafter the “Work”), which I acknowledge may have been or may be rendered in collaboration with others, are a work-made-for-hire, specifically ordered by Company. I hereby further acknowledge that all of the Work is the sole property of Company for any and all purposes whatsoever. Notwithstanding the foregoing, I hereby assign and/or grant all rights, including all exclusive exploitation rights, of every kind and nature (including any and all copyrights and neighboring rights, to the extent such assignment is allowed by law) in and to such Work to Company. All rights to such Work are owned by Company solely and exclusively, for the duration of the rights in each country and area and space, in all languages, and throughout the universe. I am aware and hereby acknowledge that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity (hereafter the “New Exploitation Rights”), and I intend to and do hereby grant and convey to Company any and all such New Exploitation Rights to the Work granted by me hereunder. I am also aware and do hereby acknowledge that new (or changed) technology, uses, media, formats, modes of transmission and methods of distribution, dissemination, exhibition or performance (hereafter the “New Exploitation Methods”) are being and will inevitably continue to be developed in the future, which would offer new opportunities for exploiting the Work. I intend and do hereby grant and convey to Company any and all rights to such New Exploitation Methods with respect to the Work. I hereby agree to execute any document Company deems in its interest to confirm the existence of the preceding and to effectuate its purpose to convey such rights to Company, including without limitation the New Exploitation Rights and any and all rights to the New Exploitation Methods. I also agree to allow Company, and its assignees or licensees to use my contributions, photograph, film footage, and biographical material in connection not only with the Project, but also in any advertising, marketing or publicity of any kind (whether in connection with Company and/or the Project) and in connection with any ancillary products or derivative projects associated with Company and/or the Project, without compensation, except to the extent prohibited by law. I hereby irrevocably assign to Company (or irrevocably waive, in the event such assignment is not possible) any and all “moral rights” or similar law or rights. I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put.   I acknowledge that Company will rely on the permissions granted herein and I agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.

3. To the maximum extent permitted by law, I agree that I will never sue Company, or any other third party because: (i) Company did not take or use recordings, photographs or videotape of me, (ii) Company did not use the Work, (iii) Company did not use my name or information about me, (iv) I do not like the manner in which Company and/or its licensees or assignees took or used the photographs or videotape, and/or (v) I do not like the manner in which Company and/or its licensees or assignees used my name or information about me, or what is said about me.

 

4. I represent and warrant that I understand that it is a federal offense, unless disclosed to Company prior to broadcast, to (i) give or agree to give anyone associated in any manner with any Project anything of value for arranging for my appearance in any Project; or (ii) accept or agree to accept anything of value to promote any product, service or venture on the air, or use any prepared material containing such a promotion where I have received consideration for it. I acknowledge that I am aware that it is Company's policy not to permit the acceptance or payment of any such consideration and that any such acceptance of payment shall constitute a material breach of this Personal Release, and that it is a federal offence to do so. In accordance therewith, but not as limitation thereon, I expressly represent that I have not accepted or paid, and I agree not to accept, pay or agree to accept or pay, any such consideration.

 

5. I hereby release Company from any and all claims, demands, or causes of action, which I and/or my heirs, successors, or assignees may now have or hereafter acquire by reason of Company’s exercise of the rights herein granted. I hereby waive any and all claims of defamation and "false light", violation of rights of privacy and/or publicity, and/or any other rights of a similar or dissimilar nature in connection with the exploitation of any such photographs and/or recordings produced in accordance with this Personal Release, and I hereby agree not to assert any claim of any nature whatsoever against any party related to the subject matter hereof. In such regard, I waive any rights I may have under California Civil Code Section 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

6. I hereby agree to and do hereby indemnify and hold harmless Company from and against any breach of this Personal Release by me and/or any claim, action, proceeding, and/or demand brought, maintained, prosecuted or made by or through me and from and against any and all loss, cost, damage and/or expense incurred by Company in connection therewith, including, but not limited to, attorneys' fees and costs.

 

7. I acknowledge that Company may be incurring substantial sums in reliance on the permissions granted herein and I shall in no event be entitled to rescind or terminate this Personal Release or any of the rights granted hereunder, or to seek same, or to interfere with, restrain, enjoin or otherwise impair the development, production, exhibition, distribution, promotion, advertising or other exploitation of any Project, or any other productions, or the use of any photographs, recordings or other materials produced hereunder, and my sole remedy in any or all cases and in connection with any claims shall be an action at law for actual monetary damages, if any.

 

8. I understand that Company shall be under no obligation to actually use my name, voice, and/or likeness in any manner in any Project or any other production.

 

9. I acknowledge that I am not relying upon any promises or statements made by anyone about the nature of a Project or the identity of any other participants or persons involved in any Project.

 

10. The terms and conditions of this Personal Release shall be interpreted and governed by California law applicable to contracts entered into and to be wholly performed in California without reference to choice of law rules. The parties consent to the jurisdiction of the State of California in the City and County of Los Angeles. Any dispute arising hereunder shall be resolved solely through binding arbitration conducted in West Palm Beach, Florida under the Judicial Arbitration and Mediation Services (“JAMS”) who will adhere to the procedure established by JAMS (either the ‘Comprehensive Arbitration Rules’ for claims that exceed $250,000, or the ‘Streamlined Arbitration Rules’ for claims that do not exceed $250,000) (the “JAMS Rules”). No matter relating to the arbitration (including but not limited to, the testimony, evidence or result) may be (i) made public in any manner or form (ii) reported to any news agency or publisher (iii) disclosed to any third party not involved in the arbitration. The parties hereby expressly waive any and all rights to appeal, or to petition to vacate or modify, any arbitration award issued in a dispute arising out of this Personal Release. Each party hereby irrevocably submits to the jurisdiction of the state and federal courts for the County of Los Angeles in connection with any petition to confirm an arbitration award obtained pursuant to this Paragraph. The prevailing party in such arbitration shall be entitled to recover its attorneys’ fees and costs incurred in connection with such arbitration. Any award shall be final, binding, and non-appealable. The parties agree to accept service of process in accordance with the JAMS Rules.

 

11. This Personal Release may be executed and delivered by facsimile or other electronic transmission and/or by PDF signature.

 

12. This Personal Release shall be binding upon me and my heirs, successors, licensees and assignees forever and shall be freely assignable by Company. This Personal Release sets forth the entire understanding of the parties and may not be modified except by a writing signed by me and Company.

 

13. All our New Thought Global and Soulciete, Inc. courses are for educational use only.  This Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. 

14. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Sites. We are not liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to, economic loss, injury, illness, or death.

15. We do not give medical advice. Our programs and courses not intended to be a substitute for medical treatment or diagnosis. Always seek advice from a professional before doing the E4 Trauma Method®. You do not have to partake in any trauma-informed process.   We make no guarantees about your experience or results from your use of the content, and you release New Thought Global and Soulciete, Inc. and Dr. Erin Fall Haskell and its officers, employees, and consultants of any liability relating to your use.

16. Earnings and income representations made by Erin Fall Haskell, and their advertisers/sponsors are aspirational statements only of your earnings potential. The testimonials and other examples used are exceptional, above-average results and are not intended to be and are not a guarantee that you or others will achieve the same results. Individual results will always vary and yours will depend entirely on your individual capacity, work ethic, business skills and experience, level of motivation, the economy, and other factors.

17. You are responsible for your own actions and results in your personal and professional life. Dr. Erin and New Thought Global and Soulciete, Inc., claim no responsibility to you or any person or entity for any liability, loss, damage or alleged issue, directly or indirectly, as a result of the use, application, or interpretation of the information in the course. By registering for this or any of our courses, you accept total and complete liability and responsibility for your decisions, actions, finances, health, and results in life. Please, seek medical advice prior to doing the E4 Trauma Method®.  Seek professional help for PTSD, addiction, or mental disorders.  No one within our community ever has to do the E4 Trauma Method®, use your own discretion.  Also, we do not discriminate against any race, color, or sexual orientation. Our core principle is Unity. 

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