Participant Agreement
'THE WORK' PROGRAMME (Level 1)
ONLINE PARTICIPATION WAIVER AND RELEASE AGREEMENT FOR 'THE WORK- Discipline of the Disciple – Level 1 (Batch 3) ’ to be held via online, worldwide.
BY REGISTERING FOR 'THE WORK- Discipline of the Disciple Level 1 (B3) ”, ON THIS WEBSITE, YOU CONFIRM YOUR AGREEMENT AND PARTICIPATION TO THIS PROGRAMME SUBJECT TO ALL OF THE TERMS AND CONDITIONS AS SET OUT IN THIS PARTICIPANT AGREEMENT (HEREINAFTER REFERRED TO AS “THIS AGREEMENT”).
PARTICIPATION IS SOLELY BY INVITATION AND AT THE SOLE AND ABSOLUTE DISCRETION OF THE ORGANISER, ZAZEN WORLDWIDE SDN BHD.
BY CLICKING THE ‘ACCEPT TERMS’ BUTTON BELOW, YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, PLEASE DO NOT PROCEED ANY FURTHER.
This Agreement is made BETWEEN ZAZEN WORLDWIDE SDN BHD of 28-2 Jalan PJU 5/15, Dataran Sunway, Kota Damansara, 47810 PJ, Selangor Malaysia (hereinafter referred to as “the Organiser”) on one part AND the party whose name and particulars are described in this retreat Registration Form (hereinafter referred to as “the Participant”/”you”) of the other part.
Acceptance
By clicking on the ‘Accept Terms’, you confirm that you have read this Agreement and that you are accepting all the provisions and covenants contained herein. You agree that it is a complete and exclusive statement of agreement between the Organiser and you and it supersedes any other offer, proposal or prior agreement, oral or written and by any other means of communication between the Organiser and you relating to the subject matter of this Agreement. You further agree that this Agreement is enforceable like any written negotiated agreement signed by you. This Agreement is enforceable against you and any legal entity that obtained the ‘content’ and on whose behalf it is used.
a) The Organiser ZAZEN WORLDWIDE SDN BHD is a company duly registered and validly existing under the laws of Malaysia and has the power and authority to conduct the business which it conducts and to execute this Agreement. The Organiser is inter alia organising meditation based lectures, programmes and video discussions/sessions for participants both online and on ground at various times and dates at various locations. THE ORGANISER is from the 4th of March 2022 until 2nd April 2022 organising a programme known as “The Work- Discipline of the Disciple” LEVEL 1 (Batch 3) which will include pre-programme preparations starting from 9th January 2022 - 27th February 2022 (hereinafter referred to as “the/this Programme”) which is a study/contemplation on series of audio and video lectures created and conducted by Dhyan Vimal and or a Designated Facilitator (as defined below) based in a platform operated and hosted by the Organiser where Video & Audio lectures and transcripts and studies (if any) are available online and also where applicable held via Webinar/Online meditations/discussions at times pre-set by the Course Founder which are owned by and licensed to the Course Founder and/or the Organiser.
b) Dhyan Vimal [NRIC No. 640823-01-6253] (hereinafter referred to as “the Course Conductor”) is the creator of the Programme and the proprietor of the materials used throughout the Programme who has licensed the said Programme to the Organiser.
c) The Programme will be conducted by a facilitator, recruited by the Course Conductor, who is qualified to conduct the Programme (hereinafter referred to as "the Designated Facilitator"). Notwithstanding any provisions to the contrary, the Designated Facilitator is an independent contractor and not the employee, agent or legal representative of the Course Conductor or The Organiser. The Designated Facilitator is not authorised to make any representation, contract, or commitment of behalf of the Course Conductor or The Organiser.
d) The Participant is an individual who has been invited and has applied to attend or is attending the Programme, inter alia, which is organised by The Organiser and from time to time conducted by the Designated Facilitator or occasionally, the Course Conductor, at the above mentioned place and time herein described above in this Online Registration Form.
NOW IT IS AGREED as follows:-
1. The Participant by attending this Programme and by entering into this Agreement, agrees to be bound by the terms and conditions of this Agreement for the current Programme.
2. In consideration for the Participant attending the Programme, the Participant has agreed to pay and The Organiser has agreed to receive a sum of money as stated in the ‘Programme Fees’ column of the Online Retreat Registration Form together with all bank charges and taxes (if applicable) pursuant to the modes of payment stated in the ‘Payment Option’ column and subject to the terms and conditions hereinafter contained. Upon Registration and Successful Acceptance into the Programme, The Organiser will issue and invoice to the Participant with the payment details. The Participant hereby agrees that all monies paid by the Participant to The Organiser are non-refundable even if the Participant at a later date cancels his participation in the Programme. Any refund (if any) is at the sole option and discretion of The Organiser.
3. The headings of this Agreement are inserted for convenience only and shall not define or limit the construction of the provisions thereof.
4. The Online Registration Form outlined and completed by the Participant hereto shall be taken as read and constructed as an essential part of this Agreement.
5. Words importing the singular number include the plural and vice versa.
6. Words importing the masculine gender include the feminine and neuter genders.
7. The Participant confirms and warrants that: (a) he is an adult of 19 years of age and above; (b) he is of sound mind and is lucid; (b) he is in good health and in proper physical condition to participate in the Programme; (c) his participation throughout the Programme is done at and of his own free will and not under any intimidation, force or duress; (d) he is not mentally incapacitated in any way or under any drugs or prescription medication which would in any way impair or affect his ability to think clearly and to participate in the Programme, or would cause danger to himself or to any person.
8. The Participant confirms and warrants that: (a) he has fully disclosed his medical conditions, treatable or otherwise (if any) in the ‘Remarks’ of the Online Registration Form; (b) he has sought the advice from his attending physician (if necessary) prior to attending the Programme and has not been advised or cautioned against participating by his attending physician; and (c) in the event he has been prescribed certain medication by his attending physician for his medical conditions, he will continue taking the said medication throughout the Programme and the intake of which would not in any way impair or affect his ability to think clearly and to participate in the Programme, or would cause danger to himself or to any person. In the event the Participant fails to disclose his medical conditions in the Online Registration Form, The Organiser shall assume that the Participant is fit and in good health to participate in the Programme.
9. Without prejudice to the foregoing, the Participant is solely responsible for his well being throughout the Programme and should he have a medical condition, the Participant should inform the Organiser or its representatives before the commencement of the Programme and the Organiser reserves the right and absolute discretion not to allow any Participant to attend the Programme or if the above is discovered during the Programme, the Organiser reserves the absolute right to stop him from continuing or completing the Programme. Further it is the Participant’s sole responsibility to ensure that he does not overexert himself during the Programme. The Organiser, the Course Conductor and the Designated Facilitator shall not be liable in any manner whatsoever to the Participant for any emotional and mental instability, personal injury, death, damage, loss or inconvenience whatsoever or howsoever caused to the Participant.
10. The Organiser, the Course Conductor and the Designated Facilitator do not make any representations guarantee or promote any particular outcome or experience from having attended the Programme and shall not be liable or responsible for any representations or misrepresentations made by anyone whosoever to the Participant or any delusions harboured by the Participant, relating to the Programme, the Course Conductor and Designated Facilitator.
11. The Participant assumes and agrees to accept full and complete responsibility for: (a) any and all of his actions during the Programmes; (b) applying what he may have learnt from attending the Programme for himself; and (c) consequences arising thereof after attending the Programme. The Participant agrees that the Course Conductor, the Organiser and the Course Facilitator will not be responsible or liable for any consequences or change of events in the Participant’s life in any aspect (whether directly or indirectly) arising thereof.
12. In the event that the Organiser shall become unable to organise and run, or the Course Conductor and/or the Designated Facilitator shall be unable to conduct and/or continue to conduct, the Programme due to any reasons whatsoever including, but not limited to, labour disputes, strikes, riots, fire, acts of God, government action or any other causes, the Organiser, the Course Conductor and the Designated Facilitator shall not in any way be liable for any inconvenience, loss, injury, damages or other casualty suffered or incurred by the Participant arising from the same.
13. Notwithstanding any provisions herein contained, the Participant hereby do for himself and his heirs, executors, administrators, and permitted assigns hereby release, waive, and forever discharge the Course Conductor, the Organiser, the Designated Facilitator and their respective representatives and agents (hereinafter referred to as “the Relevant Persons”) from any and all liability, claims, demands, actions, or causes of actions arising out of or related to (i) any injury or illness, including death, that may be sustained by the Participant or which the Participant may cause during the course of his participation in the Programme or (ii) any loss or damage to his property, while participating in the Programme and any activities incidental to participation in the Programme.
14. The Participant shall keep the Relevant Persons indemnified from and against all damages and losses suffered and any injury caused to any of the Relevant Persons arising from the default, negligent and/or damage caused by the Participant.
15. The Participant agrees and contends that they will not record, tape or make any form of recording whether in cd, tape or any form of digital format through any means whatsoever including mp3/mp4 players, handphones or any form of recording devices before during or after the Programme. The Participant by signing this Agreement hereby agrees to abide by the same and failure of the Participant to do so shall be deemed a breach of this Agreement.
16. The Participant hereby agrees that any photos taken by the Participant before, during or after the Programme (if any) will be for his own personal/private use only. The Participant is not permitted to publish or distribute the photos by any means whether digital or otherwise including posting of the same on websites, social media and any other form of media; print or otherwise.
17. The Participant agrees to give permission to the Organiser, the Course Conductor and their respective associates (the Designated Facilitator inclusive) to use the photographs, audio, video and content officially taken, during his participation in the Programme, in any and all online and offline promotional materials. In consideration of the acceptance of his registration, and permission to participate in the Programme, the Participant hereby releases and forever discharges and waive his rights to inspect or approve the photographs or such other electronic matters (including audio and video) that may be used in conjunction with them now or in the future, whether that use is known to the Participant or unknown, and he understands the circulation of the materials could be worldwide and he waives any right to royalties or other compensation arising from or related to the use of the abovesaid materials.
18. All materials used throughout the Programme and all rights of copyright and all other intellectual property rights hereby are reserved unto and are the ownership of Dhyan Vimal. Such rights extend to and include all information, publications, materials, manuals, records, documents, memoranda, drawing, speeches, lectures, contracts, accounts and otherwise in whatsoever medium, including written, verbal, audio, visual, video, electronic, duplicated, stored or otherwise, originating, received or acquired from Dhyan Vimal and the Designated Facilitator, or any servant, agent or guest thereof or the co-participant of the Programme or any other source whether prior to, during or subsequent to the Programme.
19. Any review, disclosure, reproduction, storing, transmitting, copying or distribution of any materials of the Programme content, its materials and publication and all other things to which Dhyan Vimal claims right of ownership and intellectual property right in any form is prohibited. Should the Participant be found to be in the possession of or to have disclosed, reproduced, transmitted or copied any of such materials, Dhyan Vimal and or the Copyright Holder is entitled to claim from them a sum of RM150,000.00 as penalty in addition to bringing a course of action in court to claim damages from the Participant.
20. All materials given are intended only for the private use/consumption of the Participant and are confidential and privileged under applicable laws.
21. The Participant is strictly forbidden to organise any events, programmes, trainings, talks, gatherings, discussions or any other form of activities or teach the disciplines taught or knowledge unless he is a registered trainer.
22. Except as authorised, the Participant shall keep secret and shall not disclose and shall use his best endeavours to prevent the use or disclosure by or to any person any of the Confidential Information provided by the Designated Facilitator or the Course Conductor which comes to the Participant’s knowledge during the Programme, including, but not limited to, the Disciplines taught and information and knowledge shared in the Programme.
23. The Participant shall duly observe and comply with all the rules and regulations as set out by the Organiser and its representatives from time to time.
24. This Agreement binds the Participants heirs, executors, personal representatives and permitted assigns.
25. This Agreement shall be interpreted in all respects in accordance with the laws of Malaysia and the parties hereto shall be subject to the exclusive jurisdiction of the said Courts.
26. In compliance with the relevant Data Protection Laws applicable, as amended from time to time, the Participant by subscribing to this Programme agrees and gives his consent to our communication with him by email/contact number and to the holding and processing of personal data relating to the Participant in any form (whether obtained in writing, electronically or otherwise) by the Organiser, the Course Conductor and their respective associates (the Designated Facilitator inclusive) for purposes connected with the relationship between the parties and internal administration purposes. The Participant further agrees to the Organiser, the Course Conductor and their respective associates (the Designated Facilitator inclusive) making this information available to companies and legal and regulatory authorities throughout the world in accordance with applicable laws.
27. In the event that any provision in this Agreement shall be invalid, illegal or unenforceable in any respect under any law such invalidity, illegality or unenforceability shall not in any way affect or impair any other provisions of this Agreement but this Agreement, shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein.
28. The Organiser may from time to time and at any time waive either unconditionally or on such terms as it may deem fit any breach by the Participant of any of the terms and conditions herein contained and any modification thereof but without prejudice to its powers, rights and remedies for enforcement thereof PROVIDED ALWAYS that:
(a) neither any neglect nor forbearance of The Organiser to require and enforce payment of any monies hereunder or the performance and observance of any terms and conditions herein contained, nor any time which may be given to the Participant shall in any way prejudice or affect any of the rights powers or remedies of The Organiser at any time afterwards to act strictly in accordance with the provisions hereof;
(b) no such waiver of any such breach as aforesaid shall prejudice the rights of The Organiser in respect of any other or subsequent breach of any of the terms and conditions aforesaid.
29. In the event of breach of any of the terms of this Agreement, The Organiser reserves the right to institute legal proceedings and claim for damages against the wrongdoer.
30. This Agreement shall be interpreted and construed liberally in accordance with the intention and purpose of the Organiser and/or Course Conductor and in all other respects in accordance with the laws of the country herein before mentioned in Clause 25.
31. This Agreement shall not constitute, create, or in any way be interpreted as a joint venture, partnership, or business organization of any kind.