Release Of Liability, Waiver Of Legal Rights
And Assumption Of Risk
Breakthrough For Men (hereafter referred to as “Breakthrough”), a 501(c)(3) non-profit organization founded in 1987, is an established and continuingly growing community of men supporting each other to uncover aliveness, develop a healthy adult self and build fulfilling relationships. Breakthrough is not a licensed mental health counseling practice, facility or provider or licensed medically supervised treatment program. Breakthrough is not a replacement for formal mental health and other medical treatments. In consideration of my participation in programs, workshops, exercises, trainings, zoom meetings, in-person meetings, seminars, webinars, and all other activities (collectively referred to as “content”) offered by Breakthrough, I hereby understand and agree to the terms and conditions hereinafter set forth.
- “Breakthrough”, as it appears in this Agreement, includes, but is not limited to, all of its employees, staff, board of directors, committee members, officials, workshop presenters, and volunteers (collectively referred to as “representatives”).
- The content is developed and presented by representatives of Breakthrough. Breakthrough makes no claims of the content being developed or presented by a licensed mental health professional or medical or psychiatric practice, facility or provider. Even though a licensed mental health professional or counselor may participate in Breakthrough content, such participation is on voluntary basis and they are not acting in a professional capacity engaged by or on behalf of Breakthrough or the undersigned. I acknowledge that Breakthrough is not a licensed mental health counseling practice, facility or provider or licensed medically supervised treatment program. Breakthrough is not a replacement for formal mental health treatment and other medical treatments.
- The content is created for a broad spectrum of participants and not created for any one individual or intended to serve as a treatment program for any particular mental health or general health condition. Should there be any content that I wish to remove myself from for any reason, I shall do so immediately.
- If I am under the care of a mental or physical health professional or believe I should be under such care, prior to my enrolling and participation in any Breakthrough content, I shall consult with said professional as to the appropriateness of my participating in Breakthrough content.
- I expressly and voluntarily assume all risk of injury or harm to self, mental or physical, sustained from or while engaging in the content offered by and through Breakthrough.
- I releases and hold harmless Breakthrough against all claims, liability, damages, loss or causes of actions, legal or otherwise, arising from participating in any content, classes or exercises offered and/or provided by Breakthrough, other than those resulting from its gross negligence or willful misconduct.
- I shall not pursue any claim, legal or otherwise, against Breakthrough that seeks to enjoin, change, prevent, prohibit or limit Breakthrough content.
- I agree to indemnify and hold harmless Breakthrough from all claims, judgments and costs (including, but not limited to, attorney's fees) incurred by Breakthrough in connection with or arising from any action or conduct on my part while participating in Breakthrough content or function.
- I shall not, directly or indirectly, solicit or attempt to market a service or product to any person participating in Breakthrough content. I will not share or sell any personal information of Breakthrough participants.
- All fees, once paid, are non-refundable and non-creditable against other content.
- Proprietary Works. Breakthrough retains all right, title, and ownership in and to all “Proprietary Works”, such as, but not limited to, the following: (i) online/electronic content, materials and images, (ii) manuals and course/presentation materials, whether written, electronic images or otherwise, (iii) materials, written and visual, (iv) drawings, charts, logos, designs and renderings. Breakthrough Men's Community reserves all rights to this content, including but not limited to text, images, graphics, audio, video, and any other materials used in any course or presentation. The Proprietary Works are proprietary and the exclusive intellectual property of Breakthrough. No part of Breakthrough’s Proprietary Works may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission and consent of Breakthrough. Any unauthorized use, reproduction, distribution, or exploitation of this content, whether in part or in whole, is strictly prohibited.
The undersigned is prohibited from duplicating, copying and/or distributing the Proprietary Works or any component thereof without the prior written consent of Breakthrough. The undersigned has no right to use the Proprietary Works except in conjunction with the undersigned’s participation when attending any course or program presented by Breakthrough.
Any requests for the use of this content for purposes including but not limited to commercial distribution, publication, broadcast, or any other economic gain must be submitted in writing and receive explicit prior written approval from Breakthrough. Violation of these intellectual property rights may result in legal action and financial penalties. Breakthrough reserves the right to pursue all available legal remedies against individuals or entities found to be in breach of these rights. By accessing or using this content, you agree to abide by these intellectual property rights and acknowledge that any unauthorized use may result in civil or criminal liabilities. For inquiries regarding the use of this content or to request permission for authorized use, please contact Breakthrough Men's Community at info@breakthroughformen.org.
- Confidentiality. At Breakthrough, we value your privacy and are committed to maintaining the confidentiality of all information shared during the personal development workshops and courses. Any personal information collected from participants by Breakthrough will be securely stored and used solely for the purpose of organizing and facilitating the workshop. It is our policy to maintain complete confidentiality regarding all workshop content and information shared during sessions. All Breakthrough staff and volunteers have attested to adhere to confidentiality practices.
The willingness to share personal experiences, stories, and discussions in a workshop requires the understanding and commitment among the participants and staff that such shared information remains strictly confidential within the confines of the workshop environment. As a participant, the undersigned pledges and agrees to maintain complete confidentiality as to personal information shared by participants and staff in the workshops and courses. This means that what is shared in the workshop stays in the workshop in order to foster a safe space for open expression and growth.
However, it's important to note that there are legal and ethical exceptions to confidentiality. In the event that information is disclosed which indicates harm to oneself or others, or if there are suspicions of abuse, neglect, or illegal activities, our facilitators may be obligated to report such information to the appropriate authorities, in accordance with mandatory reporting laws and ethical guidelines.
By participating in our workshops, you acknowledge and agree to the terms of this privacy policy statement. If you have any concerns or questions regarding the confidentiality of your information, please don't hesitate to contact us.
- This Agreement is intended to be as broad and inclusive as permitted by law. If any portion of the Agreement is held invalid, the remainder of the Agreement shall still continue in full legal force and effect.
- Mediation/Arbitration. I expressly agree that any claim or cause of action of any kind arising under this Agreement or my participation to Breakthrough content must first be submitted to mediation by a neutral third party, preferably a mediator who practices regularly under the auspices of a court for the State of California. If after two (2) sessions, or through agreement of the parties, it is determined that mediation is unsuccessful, the matter must then be submitted for a final and binding arbitration of all claims. Any such arbitration shall be held in Monterey County, California, and California substantive law shall apply in all such proceedings. I agree that any resulting arbitration award is final and binding upon both Breakthrough and upon me and my heirs. I am hereby expressly waiving any and all rights to litigate any such claim in any state or federal court. Any cause of action to enforce any arbitration award or any cause of action brought against Breakthrough, notwithstanding the waivers contained in this Agreement, must be brought in a court of competent jurisdiction in Monterey County, California, and California substantive law shall apply. Any arbitrator chosen pursuant to this paragraph shall be chosen from a list supplied by the American Arbitration Association (“AAA")' applying AAA rules, the Federal Mediation and Conciliation Service, or from any other mutually agreeable source.
- Entire Agreement. This Agreement contains the entire agreement between Breakthrough and me and supersedes and controls over any and all other agreements or representations, written or oral.
- I understand fully that by signing this Agreement, I waive and release my legal rights both to assert certain claims against Breakthrough and to sue or otherwise assert any claims in a court of law. I fully understand the consequences of this Agreement and acknowledge that I have had ample opportunity to ask questions or consult an attorney regarding this Agreement. I have read the Agreement in its entirety, and I understand the terms, conditions and possible consequences of this Agreement. I sign this Agreement freely and voluntarily, and I agree to be legally bound by all of the terms and conditions of this Agreement.
