I, the person identified below, enter into (or on whose behalf a parent or guardian executes) this Program Participation & Practitioner Agreement (“Agreement”) with the Reconnection, LLC (hereafter, “Company” – which shall mean The Reconnection, LLC, a limited liability company formed in the State of California, United States and, where the context requires, includes its current European subsidiary, The Reconnection (Europe) S.L., and any of their past, current or future parent companies, subsidiaries, affiliates and/or their assigns). By signing below or electronically indicating my acceptance, I agree to be bound by this Agreement.
This Agreement contains three parts. Part I applies to me if I attend and/or have attended any Reconnection Event, and also governs my receipt of any Reconnection Information at a Reconnection Event or through other means. If I complete requirements set by the Company to become a Reconnective Healing Practitioner, Part II also applies to me. Part III contains general provisions that apply to me irrespective of whether I am governed by just Part I, or also Part II.
The following terms are used throughout this Agreement:
• “Reconnective Healing” refers to the healing approaches developed by Eric Pearl and taught by the Company and/or its representatives – including, but not limited to, approaches taught in the training programs described as Level I (The Essentials of Reconnective Healing Training Program), Level II (The Reconnective Healing Foundational Practitioner Program), and The Reconnection-Certified Practitioner Program (formerly known as Level III/The Reconnection).
• “Reconnection Event” means any past, present, and/or future lectures, book signings, workshops, training programs or events taught, led, organized, moderated and/or hosted by Eric Pearl and/or a representative of the Company, held, exhibited or distributed in any medium now known or hereafter devised, including but not limited to live, radio, television, prerecorded audio or video, online, or mobile.
• “Reconnection Information” means any material, content, teachings, methods, processes, tools, concepts, guides, kits, know-how, lessons, works, ideas, and other information related to Reconnective Healing, Reconnection Events, the Reconnective Healing Program, the Company and/or Eric Pearl (including but not limited to the book entitled “The Reconnection: Heal Others, Heal Yourself”) that is conveyed to or received by me in any form or media now or hereafter devised, at any time (before, during or after a Reconnection Event which I attend).
• “Reconnective Healing Program” means the overall program and system of Reconnection Events, Reconnection Information, and training of participants to become Reconnective Healing Practitioners, as may be updated from time to time.
• A “Reconnective Healing Practitioner” is a person who has completed requirements set by the Company to be authorized to provide Reconnective Healing services and who continues to fulfill ongoing requirements set by the Company to maintain his or her Classification.
• A Reconnective Healing Practitioner may qualify for one or more classifications (each as “Classification”) such as: (a) a “Reconnective Healing Foundational Practitioner” (for completion of program Levels I and II); (b) “Reconnection-Certified Practitioner” (for completion of The Reconnection-Certified Practitioner Program, formerly referenced as Level III/The Reconnection); and/or (c) any other classification which the Company may later choose to offer.
PART I: TERMS APPLICABLE TO PARTICIPANTS AT ANY RECONNECTION EVENT
A. Disclaimer. I ACKNOWLEDGE THAT THE RECONNECTIVE HEALING PROGRAM, THE RECONNECTION EVENTS AND THE RECONNECTION INFORMATION ARE NOT DESIGNED TO, AND DO NOT PROVIDE, MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CURE FOR ANY MEDICAL CONDITION, DISEASE OR ILLNESS. I UNDERSTAND THAT I SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, NOR DELAY IN SEEKING IT, BECAUSE OF SOMETHING I HAVE LEARNED, VIEWED, LISTENED TO, READ OR OTHERWISE ASCERTAINED OR OBTAINED FROM OR BASED ON ANY COMPONENT OF THE RECONNECTIVE HEALING PROGRAM, ANY RECONNECTION EVENT OR ANY RECONNECTION INFORMATION CONVEYED TO ME BY THE COMPANY, COMPANY REPRESENTATIVES (INCLUDING BUT NOT LIMITED TO THE RECONNECTION PARTIES) OR ERIC PEARL AT ANY TIME (BEFORE, DURING OR AFTER ANY RECONNECTION EVENT). ANYTHING I LEARN OR EXPERIENCE FROM THE RECONNECTIVE HEALING PROGRAM, ANY RECONNECTION EVENT OR ANY RECONNECTION INFORMATION IS NOT INTENDED TO REPLACE THE SERVICES OF A TRAINED HEALTH CARE PROFESSIONAL OR BE A SUBSTITUTE FOR MEDICAL ADVICE OF PHYSICIANS. THE COMPANY RECOMMENDS THAT I CONSULT A PHYSICIAN IN ALL MATTERS RELATING TO MY HEALTH, PARTICULARLY WITH RESPECT TO ANY SYMPTOMS THAT MAY REQUIRE DIAGNOSIS OR MEDICAL ATTENTION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OR SERVICES OFFERED OR PROVIDED TO ME IN ANY COMPONENT OF THE RECONNECTIVE HEALING PROGRAM, ANY RECONNECTION EVENT OR ANY RECONNECTION INFORMATION.
B. Release of Liability. I, on behalf of myself and my respective successors, executors and assigns, fully and forever release and discharge the Company, Eric Pearl, and their officers, members, managers, representatives, affiliates, and each of their successors, assigns, estates, beneficiaries, legal representatives, agents, employees, teachers, staff, attorneys, insurance carriers, sponsors, hosts, hotels, other venues, volunteers and independent contractors (collectively, the “Reconnection Parties”), in perpetuity, of and from any and all manner of claims, liabilities, obligations, actions, causes of action and expenses (including attorneys’ fees) (“Claims”) which I may have arising from, related to, or based on any injuries, damages or losses to myself or other persons (including death), property (whether tangible or intangible), income or other matter, which may be sustained directly or indirectly as a result of: (a) any component of the Reconnective Healing Program; (b) any Reconnection Event, and my attendance at and participation in any Reconnection Event; and (c) my receipt and use of any Reconnection Information, including my receipt or practicing of any Reconnective Healing approaches.
C. Indemnification. I, on behalf of myself and my respective successors, executors and assigns, fully and forever agree to indemnify, defend and hold harmless the Reconnection Parties, from and against any and all Claims arising from, related to, or based on: (a) the Reconnective Healing Program; (a) my attendance at and participation in any Reconnection Event; and (c) my receipt and use of any Reconnection Information, including my receipt or practicing of any Reconnective Healing approaches.
D. Grant of Publicity Rights. I hereby grant the Company and its agents the irrevocable, worldwide, perpetual, royalty-free, transferable, sub-licensable right and license to: (a) make recordings or take photographic images in any and all media now or hereafter known (including audiovisual, audio or photographic media) of me at, during or in connection with my participation in any Reconnection Event (the “Recordings”), and edit or make derivative works based upon such Recordings; and (b) to use, reproduce, and distribute my name, likeness, voice, and biographical information (including in connection with any Recordings taken by or on behalf of the Company) in any and all media now or hereafter known for any purpose, including without limitation, to produce content for the Company and for advertising or promotional purposes related to the Reconnective Healing Program, any Reconnection Event, the Company or any of its activities. I hereby release the Reconnection Parties from any liability with respect to the Company’s exercise or use of any of the foregoing rights granted by me. I acknowledge and agree that I am not entitled to any royalties, license fee, or other compensation for use by the Company (or its representatives, agents or licensees) of the Recordings or any of the foregoing rights granted by me. I waive and release the Reconnection Parties from any and all claims that I may now or hereafter have in any jurisdiction in the world based on “moral rights” or “droit moral” or unfair competition with respect to the use or exploitation by the Company (or its representatives, agents or licensees) of any Recordings in which I may appear, and agree not to instigate, support, maintain, or authorize any action, claim or lawsuit against the Reconnection Parties on the grounds that any use of the Recordings, or any derivative works therefrom, infringe or violate any of my rights.
E. Preclusion from Events. I acknowledge that, at any time and in its sole discretion, the Company has the right to remove or preclude me from attending or participating in any Reconnection Event, without any refund, compensation, damages or liability owed to me.
F. Intellectual Property. I acknowledge that Company, Eric Pearl and/or their assigns or licensees own and control all worldwide patent, copyright, trademark, trade secret and/or other intellectual property rights, title and interest in and to the following “Intellectual Property”: (a) the Reconnective Healing Program, including the format and design of Reconnection Events; (b) all content, material or works provided, used or communicated at any Reconnection Event or otherwise provided, used or communicated in connection with the Reconnective Healing Program; (c) all content, material, publications or works created, prepared, written or published by Company and/or Eric Pearl; (c) any and all Reconnection Information; (d) the Recordings; and (e) any and all trademarks, service marks, design marks, and logos owned by the Company and/or Eric Pearl (whether such marks are registered or not in a given country, jurisdiction or territory)(collectively, the “Reconnection Marks”). I agree that I am prohibited from using any of the Intellectual Property, except as may be specifically permitted and restricted in section II.F.1 below if I am granted a Classification from the Company. I therefore acknowledge and agree that if I am not granted a Classification from the Company, I am prohibited from using any of the Intellectual Property. I will not do anything inconsistent with the Company’s and/or Eric Pearl’s ownership of the Intellectual Property, and acknowledge that nothing in this Agreement shall give me any right, title, or interest in any of the Intellectual Property (other than the licenses that may granted to me in section II.F below if I have been granted a Classification). I further agree that I will not challenge the Company’s and/or Eric Pearl’s ownership of the Intellectual Property. I will not use or make application to register (anywhere in the world) any mark that is confusingly similar to or that would dilute any Reconnection Marks.
G. If I submit or contribute any ideas or concepts related to and/or that may supplement or enhance any aspect of Reconnective Healing, Reconnection Events, the Reconnection Information, or the Reconnective Healing Program (“Contributions”) and if such Contributions are developed and/or implemented with or by the Company, unless the Company otherwise agrees in writing, I hereby: (1) assign and agree to assign to Company all worldwide right, title, and interest to such Contributions and all elements thereof, including without limitation all worldwide copyright, trademark, patent and other intellectual property rights, and (2) agree to assist Company and execute such documents as may be necessary, in Company’s judgment, to evidence such assignment and secure Company’s rights to the Contributions, including, without limitation, prosecution of patent applications, and copyright or trademark registrations.
PART II: TERMS APPLICABLE TO RECONNECTIVE HEALING PRACTITIONERS
I understand that if I complete certain requirements established by the Company, the Company may (in its sole discretion) authorize me to be a Reconnective Healing Practitioner and grant me certain Classifications which may allow me to practice Reconnective Healing approaches (but only the approaches permitted for a specific Classification). If I qualify for any Classification, I understand that in addition to the provisions of Part I, the provisions in this Part II also apply to me and will govern my activities as a Reconnective Healing Practitioner.
1. I represent and warrant that I have completed all requirements set by the Company for my applicable Classification. I agree to complete any and all continuing education, obtain any and all Classification renewal, or complete any other steps required by Company to maintain my Classification. I further agree to comply with this Agreement, as well as any other policies, procedures, rules, guidelines, terms and conditions (“Additional Policies”) of the Company for my Classification that may be posted on the Company website or be otherwise communicated to me, as may be amended from time to time, and acknowledge that my continued eligibility for my applicable Classification is conditioned upon my compliance therewith. If I do not complete requirements set by the Company or comply with this Agreement or any Additional Policies, I understand that my status as a Reconnective Healing Practitioner, Classification(s) and the licenses granted to me in section II.F.1 below may be rescinded or terminated by the Company without any refund, compensation, damages or liability owed to me.
2. I understand that the Company may need to confirm that I have received certain Reconnective Healing sessions. I therefore authorize Company to receive and use personal information about me from practitioners who provided me with such Reconnective Healing sessions.
3. I acknowledge that I have no right to be a Reconnective Healing Practitioner or to receive any Classification, permission, or license granted by the Company.
B. Standards of Practice
1. When practicing Reconnective Healing, I will only use and provide to clients the healing approaches that are permitted by my applicable Classification.
2. I will properly educate, brief and debrief my clients so that they may better understand their experiences and the benefits of Reconnective Healing.
3. No Mixing of Energy Healing Modalities. I acknowledge and understand, as explained to me during Reconnection Events, the Reconnective Healing Program does not permit its practitioners to mix Reconnective Healing approaches with any energy healing modalities, techniques or practices – such as, but not limited to, Reiki, Qi Gong, Jin Shin, Johrei, etc. (collectively “Energy Healing Modalities”). I understand that upon successful completion of the Level I & II Training Programs, I can do Reconnective Healing as long as I remain in good standing with The Reconnection, LLC, however, in order to be recognized and acknowledged as a professional Reconnective Healing Foundational Practitioner and receive my certificate, I agree that I will not practice any Energy Healing Modalities during the time that I hold my Classification – whether during the Reconnective Healing Services I provide to clients or otherwise. I will not incorporate any “rituals” or techniques when providing Reconnective Healing services.
4. I understand that my clients are the most important part of my practice. I will treat them professionally, compassionately, and with dignity.
5. I will provide a safe, clean, professional and appropriate environment for client sessions.
6. I will not ask my clients to disrobe (except for removing their footwear).
7. For the Reconnective Healing services I provide, I will only charge and collect fees in accordance with the fee schedule communicated by the Company.
8. I understand and will comply with all applicable international, national, state and local laws, rules, regulations, directives and guidelines (including those governing the operation of my business, tax, privacy, and advertising/marketing) applicable in the country(ies) and geographic area(s) in which I practice Reconnective Healing approaches. Among other things, if I collect personal information from a client, I will comply with all privacy and data security laws, rules, regulations and guidelines applicable to the country(ies) and geographic area(s) in which I practice and applicable to my clients.
C. No medical services
1. I recognize the people who come to me for Reconnective Healing are clients, not patients, in connection with the Reconnective Healing services I provide. If I am a licensed medical or health care professional and provide medical or health care services to an individual in such capacity, I acknowledge and agree that such medical or health care services are separate and apart from any Reconnective Healing services I provide. (Furthermore, as stated above, I shall not mix Reconnective Healing with Energy Healing Modalities.)
2. I will communicate to my clients that Reconnective Healing is not a medical treatment or procedure, and is not a substitute for medical treatment. I will also communicate to my clients that they are solely responsible for seeking their own medical advice and care.
3. I will not diagnose, treat or advise about any medical symptom, condition, illness or disease of any person when practicing Reconnective Healing.
4. I will not make any promises or guarantees to clients about the results of Reconnective Healing.
D. Communicating about Reconnective Healing or any Reconnection Information
1. Unless I am an authorized member of the Company or its teaching staff, or have prior written permission from the Company, I will limit my presentations about Reconnective Healing and Reconnection Information to fifteen (15) minutes or less. If I wish to provide longer presentations, I will submit for review my proposed materials, content and an example video of my presentation skills to the Company for advance approval.
2. There may be situations in which I wish to create, either by myself or with a third party, written material, photographic, video, audiovisual or other content about Reconnective Healing or Reconnection Information. I will submit the proposed content to the Company for advance approval before: (a) I publish, distribute or use such content through means I control (e.g., posting on my own blog, website or social media account); and/or (b) I submit such content to any third party for it to publish, distribute or use (e.g., submitting to another website or publisher).
3. Without prior written consent from the Company, I will not conduct any interviews with, or make any appearances on, media outlets (whether print, television, radio, online, digital or in any other media) to discuss Reconnective Healing or any Reconnection Information.
4. When communicating about Reconnective Healing or any Reconnection Information, I will not modify or add to the teachings I receive from the Company.
5. Unless I am specifically trained and authorized in writing by the Company, I will not teach anyone to perform Reconnective Healing or any form of healing that is the same, substantially similar to, or derived from the philosophy and approaches of Reconnective Healing.
6. While I am a Reconnective Healing Practitioner and hold any Classification, I shall not say, make, state, or publish, directly or indirectly, or assist anyone else in saying, making, stating or publishing, orally or in writing, directly or indirectly, anything derogatory or disparaging about: (a) the Company or any person in any way associated with the Company; (b) Reconnective Healing, Reconnection Events, Reconnection Information or any aspect of the Reconnective Healing Program; and/or (c) Eric Pearl.
E. Promoting My Services as a Reconnective Healing Practitioner
I understand I may advertise, market and/or promote my status as a Reconnective Healing Practitioner, my Classification and my offering of Reconnective Healing services permitted by my Classification – such as on business cards, brochures, advertisements and websites. When doing so, I will comply with the following provisions and the license provisions in section II.F below:
1. When identifying my status as a Reconnective Healing Practitioner and my applicable Classification, I will only use the Classification name exactly as determined by the Company (such as “Reconnective Healing Foundational Practitioner” or “Reconnection-Certified Practitioner”). I shall not modify or change the Classification name or description in any way.
2. When describing Reconnective Healing, I will only use descriptions and wording published on the Company website or in other written or promotional materials distributed by the Company (such as the brochure entitled “Getting the Word Out,” or Eric Pearl’s book, “The Reconnection: Heal Others, Heal Yourself”). If I wish to create my own descriptions or material to describe Reconnective Healing, I will obtain advance written approval from the Company for such material before I print, distribute, publish or use it.
3. When promoting my Reconnective Healing services or referencing my Classification, I agree to promote and offer only services that are permitted by my Classification, and that are consistent with the Reconnective Healing Program, its approaches and its philosophy. As stated above, during the time that I hold the professional Classification of Reconnective Healing Foundational Practitioner or Reconnection-Certified Practitioner, I will not practice (and will not promote or offer) any Energy Healing Modalities and I will not provide any Energy Healing Modalities whenever I am providing Reconnective Healing services to my clients.
4. On all promotional materials I publish or distribute (including, but not limited to, business cards, brochures, advertisements and websites), I shall include the following language: “For information about Reconnective Healing, visit www.TheReconnection.com.”
F. Licenses Granted to Me.
1. The Company grants me the limited, non-exclusive, revocable, permission and/or license to:
a. practice Reconnective Healing approaches only as permitted by my applicable Classification;
b. advertise and promote myself as having achieved my applicable Classification (but I agree that I may not advertise or promote myself as associated with any Classification which has not been conferred upon me or for which I am no longer recognized by the Company);
c. use THE RECONNECTION®, RECONNECTIVE HEALING® marks, and mark(s) associated with my applicable Classification that the Company chooses to license to me (the “Licensed Marks”) (whether such marks are registered or not in the country, jurisdiction or territory where I reside or provide Reconnective Healing services) in order to identify my applicable Classification and in connection with offering to provide or providing Reconnective Healing services, only within the scope permitted by my Classification and subject to the provisions herein;
d. use or quote limited excerpts – not to exceed 500 words for each excerpt, and not to exceed more than 3 excerpts (the “Excerpts) – of any written material published on the Company website or distributed by the Company through other means in order to describe Reconnective Healing, my Classification or services provided thereunder. When using or quoting the Excerpts as permitted herein, I shall identify the Company and/or Eric Pearl as the author or source of the Excerpts, and I shall not quote or edit the Company’s publications or materials in any way that is misleading, or changes or distorts the philosophy of the Reconnective Healing Program. I acknowledge that my right to use Excerpts shall be subject to the Company’s right to later disapprove such usage.
2. I understand that any violation of this Agreement or any other Additional Policies established by the Company may and can result in immediate suspension or revocation of my Classification, removal from the Company’s online practitioner directory listing, inclusion on a public listing of practitioners whose Classifications have been suspended or revoked, termination of the licenses granted to me in section II.F.1 above, and any other action deemed appropriate by the Company. I further acknowledge that the licenses and rights granted to me in section II.F.1 above may be revoked or rescinded by the Company at any time, with or without cause. Any suspension, revocation or termination of my Classification or licenses granted herein shall be without any refund, compensation, damages or liability owed to me.
3. I acknowledge that all decisions concerning my Classification, continued eligibility therefor, and compliance with this Agreement and any Additional Policies are in the sole discretion of the Company, whose decisions are final and binding on me.
4. The Classification given to me and the licenses granted to me herein may not be assigned, sub-licensed or transferred by me to any other person or entity without the Company’s prior written consent.
5. Trademark Usage Guidelines. I acknowledge that the Licensed Marks (as well as any other Reconnection Marks) are trademarks or service marks that are registered and/or protected internationally. I agree to comply with the following usage guidelines and any other trademark or brand usage guidelines published or provided by the Company:
a. I will only use the Licensed Marks to describe my Classification and the services I have been authorized to provide in connection with my Classification.
b. Without prior written approval from the Company, I will not create or register a domain name, email address, social media account or other online identifier for myself or my practice that uses, incorporates or references the Licensed Marks or any other Reconnection Marks.
c. I will only use the Licensed Marks (or authorized versions of any logo or design marks thereof). I will not alter or modify the Licensed Marks (including any logo or design marks thereof) in any way.
d. I will not use the Licensed Marks or any other Reconnection Marks in any company or entity name.
6. I acknowledge that my use of the Licensed Marks (as permitted herein) shall inure to the benefit of and on behalf of the Company and/or Eric Pearl.
7. In order to maintain my Classification and the right to use the Licensed Marks as permitted herein, I agree to comply with any and all provisions in this Agreement, and any and all standards (published or conveyed by the Company now or hereafter, such as in Additional Policies) for the character and quality of the services to be provided by me in association with the Licensed Marks and/or in connection with my Classification. I acknowledge and agree that the Company may monitor my promotion, offering of and provision of my services offered in connection with the Licensed Marks and/or my Classification, and any of my activities related to Reconnective Healing. In the event that the Company determines, in its sole discretion, that I do not comply with this Agreement or Additional Policies set by the Company, the Company may terminate the licenses granted herein and may revoke my applicable Classification(s) immediately upon notice to me, and without any refund, compensation, damages or liability owed to me.
8. I shall only use the Intellectual Property in connection with my offering of and provision of Reconnective Healing services and in connection with my Classification, and for no other purpose. Among other things, I shall not use the Intellectual Property in connection with my promotion, offering or provision of any Energy Healing Modalities, any products of any kind and/or any other persons or entities.
9. I shall not offer Reconnective Healing services or any services substantially similar thereto under or using any other name or description.
10. Upon any termination of the licenses granted herein and/or suspension or revocation of my Classification(s), I agree to immediately cease to use, display or publish the Licensed Marks and the Excerpts, and agree to immediately cease using any of the other Intellectual Property for any purpose whatsoever.
11. If I learn of any unauthorized use of the Intellectual Property by another person or entity, I agree to promptly notify the Company.
G. In connection with my promotion, offering of and provision of Reconnective Healing services permitted by my Classification, I acknowledge that I am an independent contractor from the Company. No joint venture, partnership, employment, or agency relationship exists between me and the Company as a result of this Agreement, my status as a Reconnective Healing Practitioner or my Classification(s), and I do not have the authority to bind the Company in any respect whatsoever. I shall not promote myself as, or lead other persons or entities to believe that I am, a representative or agent of the Company.
H. Further Indemnification. In addition to the indemnification I provide in section I.C above, I further agree, on behalf of myself and my respective successors, executors and assigns, to indemnify, defend and hold harmless the Reconnection Parties, from and against any and all Claims arising from, related to, or based on my acts or omissions in connection with: (1) my promotion, offering of or provision of services as a Reconnective Healing Practitioner; (2) the exercise of any licenses granted to me herein; and/or (3) any other acts or omissions related to this Agreement and my Classification.
PART III: GENERAL TERMS APPLICABLE TO ALL PROGRAM PARTICIPANTS AND RECONNECTIVE HEALING PRACTITIONERS
A. I am an adult in my country, territory or other applicable geographic area of residence. If I am a minor, I am obtaining consent to this Agreement from my parent or guardian.
B. I acknowledge that this Agreement may be signed using an electronic or handwritten signature, which are of equal effect, whether on original or electronic copies, and acceptance of this Agreement by electronic consent (such as by clicking to indicate acceptance of this Agreement) constitutes an electronic signature. I further agree to conduct business, and enter into agreements, with the Company electronically or through electronic means.
C. Governing Law; Arbitration and No Class Actions.
1. Governing Law. Regardless of the jurisdiction in which this Agreement is entered, this Agreement and its interpretation will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of laws principles, and will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.
2. Arbitration. Except for claims for injunctive, specific performance or similar equitable relief (which are governed by paragraph II.C.3 below), any controversy, disagreement, dispute, or claim involving the construction, enforcement or application of any of the terms, provisions or conditions of this Agreement, and any controversy, disagreement, dispute, or claim between me and The Reconnection Parties arising out of or relating to this Agreement, the Reconnective Healing Program, any Reconnection Events, the Reconnection Information and/or (if applicable to me) my Classification and provision of Reconnective Healing services shall be settled by final and binding arbitration. Any arbitration must be commenced within one (1) year after the applicable claim or cause of action arises. Because the Reconnection Healing Program concerns interstate commerce, the United States’ Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, applicable U.S. federal or California state law may also apply to the substance of any disputes. The arbitration shall take place in Los Angeles, California, United States. The arbitration shall be administered by the American Arbitration Association (“AAA”), in accordance with Title 9 of the U.S. Code (United States Arbitration Act) under the AAA’s Commercial Dispute Resolution Rules or any comparable rules then in effect, as supplemented by the Supplementary Procedures for Consumer-Related Disputes (and as stated therein, if there is a difference between the Commercial Dispute Resolution Procedures and the Supplementary Procedures, the Supplementary Procedures will be used), and also as supplemented by Optional Rules for Emergency Measures of Protection. Judgment upon the award rendered by the arbitrator(s) may be entered by any court of competent jurisdiction. The costs of arbitration shall be borne equally by the parties with each party responsible for his/her or its own attorneys’ fees. The arbitrator(s) shall have the authority to determine all issues of arbitrability. The arbitrator(s) may not award punitive or exemplary damages. I and the Company voluntarily and knowingly waive all rights to punitive or exemplary damages, and to trial by jury.
3. Injunctive Relief. Any party to this Agreement shall have the right to institute judicial proceedings against the other party, or anyone acting by, through or under such party, in order to enforce the instituting party’s rights hereunder through injunction, specific performance or similar equitable relief. Such judicial proceedings shall only be instituted in a court of competent jurisdiction located in the County of Los Angeles, State of California, United States of America.
4. No Class Actions. Neither I nor the Company shall be entitled to join or consolidate claims in arbitration by or against (as applicable) the Company, the Reconnection Parties, other participants or practitioners of the Reconnective Healing Program, participants of the Reconnection Events, or recipients of the Reconnection Information, as a representative or member of a class or in a private attorney general capacity.
D. Miscellaneous. Neither the fact that this Agreement or any portion of this Agreement was negotiated or drafted by the Company or its attorneys shall be used for purposes of interpreting this Agreement nor shall such facts be used to construe this Agreement or any portion of this Agreement in favor of, or against, any party. I acknowledge that I have read and understood this Agreement and am entering into this Agreement freely and voluntarily. I may have entered into prior agreements with the Company (including all prior Training Programs Entrance Agreements); this Agreement shall be effective in addition to any such prior agreements. This Agreement can be modified only by a written document signed by the managing member of the Company; this Agreement cannot be modified or negated orally. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the Company. I may not assign or transfer this Agreement without the Company’s prior written consent. I acknowledge that the Reconnection Parties (other than the Company) are third-party beneficiaries of this Agreement, and may enforce their rights hereunder.