LIVE EVENT ACKNOWLEDGEMENT AND RELEASE
The undersigned desires to attend a PanacheDesai, LLC event (the “Event”), and in consideration of being admitted to and allowed to participate in the Event (“Participation”), the undersigned agrees, understands and acknowledges that:.
• The spiritual work of Panache Desai is not a physical or medical treatment and Participation should not be viewed as a substitute for proper medical, psychological or physical care provided by the undersigned’s physician or medical professional.
• The activities at the Event may not be appropriate for everyone and could be harmful to the undersigned depending upon his/her past history of health problems. Furthermore, the undersigned has discussed the activities related to awakening energies and their appropriateness for him/her with his/her own health care professional.
• PanacheDesai, LLC makes no claim as to any medical, physiological, or psychological purpose, effect or outcome in connection with Participation.
• The undersigned’s Participation is of his/her own volition and the undersigned warrants and represents to PanacheDesai, LLC that he/she does not have any mental, physical, or emotional conditions which would hinder Participation and/or cause harm to the undersigned or anyone else in attendance at the Event.
• Participation may involve physical, emotional, and/or psychological activity, including, but not limited to, physical touching of the undersigned’s body by Panache Desai, which touching may be followed by an immediate period of deep relaxation or meditative state at which time the undersigned will be gently laid on the floor, all of which the undersigned hereby consents to in this acknowledgement and release.
• All Participation occurs in a group setting, and at no time will the undersigned be alone with Panache Desai, any employee of PanacheDesai, LLC, or any attendee of the Event. The undersigned understands that in the Event’s group setting the instructor cannot always monitor the undersigned’s physical, emotional, and psychological limits, and that the undersigned is therefore solely responsible for assessing the risk any activity at the Event poses and choosing a safe course of action.
• The undersigned may withdraw from Participation at any time by leaving the Event.
• In permitting the undersigned to undertake Participation, PanacheDesai, LLC, its owners, affiliates and employees are relying upon the undersigned’s assumption of the risks associated with Participation and the undersigned’s willingness to release them from any and all claims or damages arising therefrom.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned agrees to accept and assume any and all risks to his/her health and well being, including any risk of bodily injury or harm, that may arise from Participation whether such risks have been disclosed or not, and does hereby fully release and forever discharge PanacheDesai, LLC, its owners, successors, affiliates, assigns, directors, officers, employees and agents from any and all actions, causes of action, suits, liabilities, losses, damages, claims or expenses whatsoever, in law or in equity, for negligence, battery or otherwise, which the undersigned now has or may hereafter have arising in any way out of the undersigned’s Participation, including, but not limited to, the undersigned’s participation in physical, psychological or emotional activities which may lead to a period of deep relaxation or meditative state at the Event.
The undersigned states that he/she has read this acknowledgement and release, that he/she understands the terms contained in it and that he/she has freely and voluntarily executed the same and intends to be bounds by its terms.
Use of Likeness and Photography
I understand that while I am participating in or attending a Panache Desai LLC event, Panache Desai or its representatives may be taking photographs or video of participants. Some of these photographs may be used by Panache Desai LLC for promotional, educational, or informational purposes in its brochures, website and newsletters.
The use of recording devices is strictly forbidden during workshops, conferences, keynote speeches, events, or any other Panache Desai LLC programs or at such programs sponsored or presented by Panache Desai LLC.
Online programs may be canceled for a full refund up to 24 hours prior to start date. Once the program has started, no refunds will be made.
Live In-Person Events
If you are registered for a Live In-Person Event, you may cancel up to two weeks prior to the Event and receive a 50% refund (Remaining 50% may be applied to a future Live In-Person Event within one year of date of initial purchase). After two weeks prior to the start of the event, there are no refunds. (Full payment can be applied to a future Live In-Person Event within one year of date of initial purchase).
Personal Information Panache Desai LLC Gathers
The information we receive from you helps us personalize and continually improve your Panache Desai experience. Here are the types of information we gather.
- Information You Give Us: We receive and store any information you enter on our Website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as sending you communication, customizing your Panache Desai experience, improving our customer service, and communicating with you.
- Information from Other Sources: We might receive information about you from other sources and add it to our account information.
Panache Desai LLC sometimes employs third parties to perform services for us. For example, we may hire agencies to help administer consumer promotions and to analyze data. Like many other merchants, we also participate in cooperative database services. These parties have agreed to hold this information in confidence and not use it for any purpose except to carry out the requested service(s).
- Login Profile: Panache Desai’s Website may provide you with the opportunity to create a login profile that allows you to save your contact and other information for speedier registration. We recommend you keep this information current. Panache Desai is not responsible for updating login profile information.
- Passwords: To provide you with an increased level of security, access to your login profile is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. Your password will never be asked through unsolicited communication from Panache Desai.
Credit Card Transactions
- Minors: Minors (anyone under the age of 18) are not eligible to pay for Panache Desai services and we ask that minors do not submit credit card information. Panache Desai is not responsible for a minor’s use of their parent’s credit card.
- Incorrect or Fraudulent Information: A credit card transaction may be canceled by Panache Desai LLC if we reasonably determine that the order information you provided is incorrect or fraudulent, or if we reasonably believe the credit card utilized is from an unauthorized party.
Panache Desai believes in your privacy and we have created easy steps for you to limit or control the way Panache Desai communicates with you and shares your information:
- Promotional emails: If you do not wish to receive promotional emails from Panache Desai such as our newsletters or email blasts, please follow the instructions at the end of emails you receive from us. From these emails you can ‘unsubscribe’ or ‘manage your subscription preferences’.
We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and or (5) to terminate access of any user in its sole discretion, for any reason or no reason.
This Site is designed to be a community. As such, there are certain guidelines that need to be adhered to in order to allow this community function smoothly and to provide the greatest benefit for all users. Therefore, by using the Site in any manner, you agree to follow the following Guidelines:
● You will comply with all applicable laws when using the Site and will not use the Site for any unlawful purpose;
● You will not spam the Site or use the Site in a commercial manner;
● You will not advertise, or solicit funds, goods or services on the Site;
● You will not post material that is known to be false or pretend to be a person or entity or misrepresent your affiliation with a person or entity;
● You will not post material, or send material to any user or staff member that is abusive, threatening, defamatory, obscene, harassing, violates copyright, intellectual or other property rights or that violates any law in any way;
● You will not post material that contains any computer virus or other harmful element or part;
● You will not post any sensitive information about any person, including email or postal address, telephone number, credit card information or any other information or a similar nature;
● You will not post any material that contains or uses hate speech, e.g., material that denigrates or demeans a person or group based on race, ethnic origin, religion, gender, sexual orientation, age or disability status;
● While we appreciate any contact with you, was ask that you do not post or email any creative content, suggestions or ideas (hereinafter “Submissions”) to us without our consent. If, despite our request to the contrary, you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission.
● If you become aware of any content that violates the Site Guidelines, you will promptly bring said content to our attention.
We are not liable for any material or content posted by another party which violates the Site Guidelines or violates any law or interferes with any right in any way.
We reserve the right to modify or remove any material that in our sole discretion and opinion find to be in violation of the Site Guidelines, or of any law or is in any way objectionable, irrelevant, unacceptable or antithetical to what we believe to be the purpose of the Site. We further reserve the right to modify or remove any material for any other reason Whether or not we decide to modify or remove any material, the user is responsible for any posted material.
We also reserve the right to suspend or ban any user of the site who, in our sole discretion and opinion, is in violation of the Site Guidelines, or of any law or is in any way engaging in conduct that is objectionable or antithetical to what we believe to be the purpose of the Site.
By posting material on the site, you grant, or warrant that the owner of such rights has granted us a worldwide, perpetual and nonexclusive right to use your comments, questions and posting in future articles, videos, audios or other material in any other medium now known or known in the future. You also warrant that you own the rights to any content that you post and that posting said content does not violate the right of any third-party. When posting on the Site, or communicating with us via email, you agree and acknowledge that you are not entitled to any compensation.
The content and information on the site is offered “as is”, without warranties, express or implied. We specifically disclaim all warranties either express of implied and make no representations about the fitness and merchantability of any content or information on the Site for any particular purpose. We do not warrant that access to the Site will be uninterrupted or that any function on the site will be error free, that any defects will be corrected or that the Site will be free of any potentially harmful components or viruses. We do not warrant or endorse any product, speaker or service on the Site or that we link to from the Site. We are not a party to any transactions that you enter into with any third party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Site, or any products or services provided by the Site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
The information and content contained in the Site should not be construed as, and is not a substitute for, professional advice in the fields of finance, law, medicine or psychology. In all cases, you should consult with a doctor for any and all symptoms of physical or mental illness that may require diagnosis and treatment. We make no warranties or representations of any information on the Site followed by any person. We are not responsible for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Site. You agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Site is owned, controlled or licensed by us with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
We may have trademarks, services marks or registered trademarks. These include, but are not limited to, Panache Desai ™ and Discovering your Soul. These are our proprietary marks. These proprietary marks may not be used in connection with any product or service that is not provided by us in any manner or that is likely to cause confusion among customers, or in any manner that disparages or discredits us or Panache Desai.
The Site will, from time to time, provide you with links to third-party websites (hereinafter “external sites”). These external links are solely provided as a convenience to you. These external sites are developed and maintained by third parties who are not affiliated or connected to us in any way. Any concerns or problems that you have regarding any external sites should be brought to the attention of the webmasters and owners of those sites. We do not warrant or guarantee the usability, availability or safety of any external site. It is your responsibility to use common sense and sufficient care when accessing an external site so as to protect yourself from damages. You agree that we are in no way liable for any damages you suffer while accessing, viewing or using any content or information on an external site, or for damages suffered or incurred through the use of any products or services purchased or recommended there.
Compliance with Applicable Laws
The Site is based in the United States. We make no claims concerning whether the content on the Site may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the content on the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Amazon Affiliate Disclosure
Panache Desai is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn fees by advertising and linking to Amazon.comand affiliated sites.
Digital Millennium Copyright Act
Panache Desai, LLC respects the intellectual property rights and copyrights of others. We will review all claims of right infringement and remove all content that has been posted in violation of any applicable laws.
Our agent under the Digital Millennium Copyright Act for all claims of intellectual property or copyright infringement is:
Panache Desai, LLC
15275 Collier Blvd.
Naples, FL 34119
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.