Terms and conditions
Welcome! We are pleased that you are going to participate in our Ecstatic Birth programs (each, a “Program”). We trust you will have an enjoyable and valuable experience. It is important that you understand certain key parameters before choosing to participate.
We take our responsibility and your health seriously, so please read each section of this Notice carefully before finalizing your choice and confirming your agreement at its end. If you have any questions whether the Program is appropriate for you, please check with your health care provider. We will assume from your participation in the Program and your signature at the end of this Notice that you understand and accept our parameters.
The Program is a unique course of information and discussion designed to support people in understanding, maximizing, choosing and fully savoring their (or their clients’ or patients’) choices in pregnancy and childbirth. Many ideas, viewpoints, suggestions and demonstrations will be offered, from fundamental issues to practical tips. We wish to make very clear that the Program exists purely to offer possibilities for your own personal consideration, and nothing should ever be considered or adopted as professional advice or directives.
You and you alone are fully responsible for your choices to participate and to implement any Program content, and for your own health and well-being at all times before, during and after your participation. The experience of the Program will be unique as to each individual and there is no way to predict in advance what you will think or feel, or what will be the right choices for you, your body, or your child. Every pregnancy and every birth is different, and we can make no assurances of any kind as to how yours will unfold.
Only you and your care provider know what is appropriate for you. Similarly, if you are participating as a professional, there is no way to predict what will be the right choices for your patients or clients, and we can make no assurances as to how those will unfold. The Program is not medical or therapeutic in intent or content and is not to be used as a substitute for medical treatment, counseling or health treatments of any nature. Program leaders, speakers, associates and attendees are not health care providers (or if they are, they will not be present in the capacity of providing health care services or counsel). While it is ultimately your choice, we urge you not to participate in the Program or to carry out any suggestions made if your care provider or you have any doubt as to your physical, mental or emotional ability to do so.
The following Agreements are intended to have legal significance. If you have any questions about their meaning, please feel free to consult an attorney. By your signature at the end of this Notice you affirm the following:
I have carefully read this Notice and understand the recommendations and instructions. I have been informed to my satisfaction about the general content of the Program. I recognize that it is not possible to have described everything that may occur during the Program which generally consists of data, viewpoints, suggestions and demonstrations presented by the Program leader and other Presenters, voluntary sharing of experiences by other participants, and guided exercises or processes.
I understand that the Program is designed for people who clearly understand they are responsible for their own health and well-being before, during and after the Program and who wish to enhance their skills and opportunities in connection with their pregnancy and birthing process, or that of their clients or patients. I fully understand that no portion of the Program is delivered or supervised by health professionals. I recognize that Ecstatic Birth LLC is not responsible for the opinions or suggestions of its guest speakers or suggested authors (collectively, “Presenters”).
I acknowledge that I have been advised not to participate in the Program if my care provider or I have concerns about my ability to handle its content or structure and I have voluntarily chosen to attend. I agree that I am responsible for my own participation in the Program and for my own physical, mental and emotional well being, and that Ecstatic Birth LLC is responsible solely for the orderly presentation of the Program; and I willingly and knowingly assume for myself, my family members, executors, administrators, heirs, successors, legal representatives and assigns all risks of physical and mental or emotional injuries which may occur during or after the Program or as a result of any suggestions made therein, whether to me or to anyone with whom I may share the same, whether personally or professionally.
In order to promote the confidentiality of our participants and our intellectual property, please read and confirm the following: In consideration of and as a condition to my participation in the Program, I confirm and agree that I will not publish, broadcast, or disclose (or assist another person or entity in so doing) the identity or comments of Program leaders, speakers, associates or other participants, nor will I film, photograph or record by any means all or any portion of the Program or its participants, except that Program content may be relayed (without identifying any individuals) to the extent of the limited license granted below under “Proprietary Materials”. (This is not intended to limit you from sharing your experience of the Program with anyone.)
I agree that any dispute, claim or controversy arising from my participation in the Program (or any of its associated activities), including the interpretation or enforcement of any provision of these Agreements, the content of the Program (or any of its associated activities or suggested references) or concerning Ecstatic Birth LLC, its managers, members, officers, employees, agents, leaders, speakers, assistants, associates or other participants, including any claims of wrongful acts or omissions, will be submitted to and determined by final binding arbitration in New York, NY, pursuant to the commercial rules and procedures of the American Arbitration Association, expedited and conducted on consecutive days before three arbitrators, and shall not be determined by lawsuit or resort to any court process in any court of law or equity, except as applicable law provides for judicial review, confirmation and enforcement of arbitration proceedings and awards, and except that judgment upon any arbitration award may be entered in any court having jurisdiction. The prevailing party in any arbitration shall be entitled to an additional award for its attorneys’ fees and costs of arbitration.
I agree that if either party institutes any legal action in any Court not authorized herein, the other party shall be entitled to respond by demurrer or other appropriate response, shall not be required to answer any complaint, and shall be entitled to a dismissal of such legal action. The other party shall be entitled to an award in its favor for the amount of its attorneys’ fees and costs of suit.
I also agree that the time in which I may commence arbitration shall not be greater than ninety days following the occurrence of the events which are the subject of my claims, and that if I fail to commence arbitration within such ninety days, I may be forever barred from making such claims. I understand that this is a legal agreement in which I freely give up my right to a jury or court trial.
I understand that all materials, concepts, and information (collectively "Materials") presented by Ecstatic Birth LLC or its presenters during this Program, either orally or in writing, are the property of Ecstatic Birth LLC and/or such presenters, and are protected by copyright, trade secret, and other applicable laws. All rights in the Program and the Materials are expressly reserved by Ecstatic Birth LLC. I understand that the Materials presented in this Program are intended solely for my personal use in the Program and agree not to use them for any other purpose or in any way that would compromise their confidential and proprietary nature. I understand that while I am free to use the Materials for my own personal use, and free to tell others about the benefits I realized from the Program, I agree not to reproduce or distribute, lend, or otherwise transfer, the Materials, or to resell them (including in a modified or repackaged form), or to deliver them (even if modified) as part of any seminar, consulting or similar business, without prior written permission of Ecstatic Birth LLC in each instance.
Ecstatic Birth LLC is a New York company and these Agreements will be construed and governed by the laws of the State of New York. These Agreements cannot be modified unless in writing signed by me and by Ecstatic Birth LLC.
I agree that my breach of these Agreements may cause irreparable and substantial harm which is impossible to quantify and shall constitute, among other things, a breach of contract for which Ecstatic Birth LLC shall have full legal and equitable recourse, including injunctive or other extraordinary relief and damages. Any unenforceable portion of these Agreements shall not affect the remainder.
I hereby indemnify and hold Ecstatic Birth LLC, its Presenters, and their respective officers, managers, shareholders, affiliates, employees, agents and/or people who assist, harmless from all loss, cost, obligation or damage arising out of my participation in the Program or in other activities or events related to the Program, including without limitation arising from my sharing any contents thereof with others, whether personally or professionally.
If I register for any Program to be paid on an installment basis over time, I understand such payment plan is a courtesy arrangement for my convenience and that I am liable for all such payments as if I had paid in full at outset, even if I elect not to complete the Program in question.
I agree that these Agreements are intended to govern my participation in any and all Programs of Ecstatic Birth LLC, now and in the future, and that my participation in any future Program will be deemed to include my reaffirmation of these Agreements even if I do not execute another copy of this Notice.
I acknowledge that my representations and agreements are freely given and are true to the best of my knowledge and are intended to be an inducement to Ecstatic Birth LLC to approve my participation in the Program.