The Awakening Energy IMAGE RIGHTS ASSIGNMENT CONTRACT FOR VIDEO/PHOTOGRAPHS for sessions, coaching, training, and therapies
I accept the terms and conditions by paying for the sessions. Otherwise, I do not pay. The parties act in their own name and have sufficient legal capacity to execute this contract, being responsible for the truthfulness of their statements. By mutual agreement, they DECLARE:
- That the assignee is engaged in Kundalini awakening and shaktipat activities.
- That the assignor authorizes the assignee to use their images, photographs, videos, graphic material, etc., for PROMOTIONAL use.
The parties are interested in formalizing this IMAGE RIGHTS ASSIGNMENT CONTRACT subject to the following CLAUSES:
I. OBJECT OF THE CONTRACT
The assignor grants their authorization to the assignee for the use of their image, using known technical means and those that may be known in the future, always for the described purpose.
II. REGULATION
This contract is governed by Article 18 of the Spanish Constitution, Organic Law 1/1982 on the right to honor, Royal Decree 1/1996 on Intellectual Property, and other relevant legislation.
III. RIGHTS AND OBLIGATIONS
The assignee has the right to use the images for the granted use, always with the obligation to respect the right to honor. The assignor has the right to limit its use to applications that do not infringe on the right to honor as provided in Organic Law 1/85, of May 5, on Civil Protection of the Right to Honor, Personal and Family Privacy, and Self-Image.
IV. LIMIT OF THE ASSIGNMENT
The authorization is granted without any territorial or temporal limitation, so the rights are granted for use worldwide and indefinitely.
V. REMUNERATION
The assignee will not receive any remuneration for the assignment of image rights, and this is granted free of charge.
VI. ASSIGNMENT TO THIRD PARTIES
The assignment of image rights to third parties, whether individuals or legal entities, is prohibited.
VII. DISPUTE RESOLUTION
To resolve any possible disputes that may arise regarding the interpretation of this contract, the parties submit to the arbitration dispute resolution system.
Signature: The Awakening Energy
GENERAL LIABILITY WAIVER FORM
I ASSUME ALL RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES conducted by The Awakening Energy, including but not limited to any risks that may arise from negligence or carelessness on the part of the released persons or entities, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I CERTIFY that I am in good physical shape, have sufficient preparation or training to participate in this activity, and have not been advised by a qualified medical professional not to participate.
I CERTIFY that there are no health-related reasons or problems that preclude my participation in this activity. I acknowledge that the holders, sponsors, and organizers of the activity in which I may participate will use this Accident Waiver and Release of Liability Form, and it will govern my actions and responsibilities in said activity. In consideration of my request and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(1) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur, including my travel to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Ashley Deeks, The Awakening Energy, and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders and sponsors;
(2) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of the release or otherwise. I acknowledge that Ashley Deeks and/or The Awakening Energy and their directors, volunteers, representatives, and agents ARE NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people, including but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants but are also present for volunteers. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity. The Accident Waiver and Release of Liability Form will be construed broadly to provide a release to the maximum extent permissible under applicable law. This contract will be construed in accordance with the laws of Spain and submitted to the courts of the city of Lanzarote. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
The Awakening Energy BRAND USE ASSIGNMENT CONTRACT
Both parties recognize their sufficient legal capacity to contract and bind themselves under the terms provided in this BRAND USE ASSIGNMENT CONTRACT and by virtue thereof, DECLARE:
I. That THE ASSIGNOR is the full owner of the following brands, which are free of charges and/or encumbrances: The Awakening Energy.
II. That THE ASSIGNEE is interested in being assigned the use of the aforementioned brands, in order to exploit them through the winery business they run.
III. That, both parties being in agreement to reach a brand use assignment agreement, they agree to the following CLAUSES:
FIRST. OBJECT: THE ASSIGNOR assigns and transfers to THE ASSIGNEE the right to use the brands described in Expositive I of this contract under a lease arrangement. THE ASSIGNOR declares that the records they assign are not affected as of the date by any encumbrance of any kind. By virtue of the above, THE ASSIGNOR declares that they have absolute and free availability of the assigned records and that they are not inhibited in any way from disposing of their assets. The falsehood of any of the above statements, without prejudice to the typification that it may give rise to, will oblige THE ASSIGNOR to compensate THE ASSIGNEE for the damages and losses that such conduct may cause.
SECOND. PRICE: The price of the lease assignment is agreed upon as the annual sum of zero euros (0.00 €), which will be paid as indicated below: explain form of payment.
THIRD. OBLIGATIONS OF THE ASSIGNOR: THE ASSIGNOR declares that the rights they assign through this contract constitute the entirety of those registered in their name, of equal or confusable terms in the involved classes (whether they correspond to trademarks and/or patents and/or trade names and/or commercial company names and/or of whatever nature and characteristics they may be), either directly or through a representative of any kind linked or related to the same.
FOURTH. REGISTRATION OF THE ASSIGNMENT: Since the assignment is made on the use of the brands identified in Expositive I of this contract, it will not be necessary to register the assignment with the Spanish Patent and Trademark Office, as this assignment of use does not affect its ownership.
FIFTH. – RESOLUTION The parties may denounce this agreement for serious non-compliance with the essential conditions agreed upon in it. The existence of serious non-compliance will be communicated reliably in writing. The infringing party will have a period of one month to remedy the cause of non-compliance. At the end of this period, if the cause of non-compliance has not been remedied, the agreement will be automatically resolved if required by the aggrieved party. The parties undertake to try to resolve in good faith and amicably any disagreement that may arise in the development of this agreement before taking legal action. Likewise, neither party will be authorized to assign this agreement to third parties without the prior written consent of the other party. The assignment of the contract without the indicated consent will be grounds for immediate termination of the contract. In the event that the assignee is claimed by a third party for their actions or omissions or for lack of due diligence, the assignee releases the assignor from all liability, without prejudice to possible claims that the assignor may exercise for any damage to the reputation that this may cause to their brand. The assignee undertakes to subscribe to civil liability insurance with sufficient coverage to cover damages to the assignor and third parties.
SIXTH. – CONFIDENTIALITY. The parties to this agreement undertake to maintain the utmost confidentiality about the information, methods, and techniques and/or documents that they mutually provide or have access to as a result of the execution of this agreement, undertaking not to disclose them, as well as not to publish them nor, directly or indirectly, make them available to third parties without the prior written consent of the other party. The confidentiality obligations established in this contract will have an indefinite duration, remaining in force after the termination of the contractual relationship between the parties.
SEVENTH. – OTHER PROVISIONS. In the event that any provision of this contract is, becomes, or is declared ineffective, null, and/or unenforceable, this will not affect the effectiveness of the remaining stipulations, which will remain fully valid and effective. The provision in question will be understood to be replaced by another that is valid, effective, and enforceable and that comes as close as possible from an economic perspective to the spirit and purpose pursued by the parties through the provision subject to substitution. This contract supersedes any previous agreement, whether verbal or written, existing between the parties, as well as any declaration of intent that one party may have made in the framework of the negotiations of this contract. Any modification of this contract, as well as any additional agreement, must be made in writing, with any possible verbal agreement being invalid.
EIGHTH. – JURISDICTION. For any litigation that arises between the parties regarding the interpretation or fulfillment of this contract, they, with express waiver of the jurisdiction that may correspond to them, will submit to the Courts and Tribunals of Spain.
NINTH. – METHOD The method of The Awakening Energy cannot be taught to others. The method of The Awakening Energy cannot be used under another name. Proof of compliance with this agreement is carried out under the signature of this document.