GENERAL RELEASE OF LIABILITY
I (hereinafter “Author”, “I”, “Me” or “My”) acknowledge that I have personally (or through the assistance of another person who merely acted under my specific direction) provided my personal narrative (the “Work”) to Amita Swadhin, or her successors and assignees (hereinafter “Publisher”), through the website, www.amitaswadhin.com (the “Website” or the “Publication”).
I represent that the Work is my original work and has solely been written, spoken, created, or performed by me (even if I had the assistance of another person in entering in the Work in the format required by the Publisher). I own all rights to the Work and have the full, sole and exclusive right and authority to enter into this Agreement and to give away the rights granted herein. All factual or biographical material contained in the Work are accurate and true, to the best of my knowledge. The Work does not infringe upon any proprietary or intellectual property rights at common law, or any copyright, trademark right, or any right what so ever of any other person or entity, to the best of my knowledge.
Specific Statements of Intent
With respect to the Work, I hereby irrevocably and permanently grant to the Publisher, each and all of the initialed uses or rights:
· Data Collection. Use of the Work for data collection, statistical summaries, and analysis of different kinds of trauma, which data will be posted on the Website and/or other published materials in a statistical format without providing any information that would identify me, or anybody named in the Work, in particular.
· Narrative. Use of the Work, in its entirety or in an edited version (as edited in the sole discretion of Publisher), for publication on the Website (or any other forums of Publisher’s choosing). I understand that Publisher will not share my name publicly unless I give express permission to do so through this release form. Even if I grant Publisher this right, I understand that Publisher will not share the names of other persons whom I may have named in the Work.
· Unlimited Use. Use of the Work, in its entirety or in an edited version (as edited in the sole discretion of Publisher), for publication on the Website (or any other forums of Publisher’s choosing) and for any other lawful purpose of Publisher choosing.
General Statements of Understanding
1. Commercial Enterprise. I understand that Publisher will use the Work for the purpose of offering commercial services for self-healing. I acknowledge and agree that I will not receive any compensation for sharing the Work with Publisher, and I hereby waive any right to receive compensation in the future for any authorized publication of the Work by Publisher or her agents, successors, and assignees.
2. Irrevocable & Permanent. Author hereby irrevocably and permanently grants the Publisher the rights listed above. All submissions will be used solely for the purposes listed above. No performance rights, character rights, and sole exclusivity to the Author’s story will be granted to the Publisher. Any changes beyond edits for length that will be made to the submission will only be made upon the Author’s approval.
3. Other Forums. I understand that while my Work is being submitted for the Website, Publisher reserves the right to post or publish the Work in any and all forums of Publisher’s choosing, so long as the publication of my Work is consistent with the rights that I have granted herein.
4. Anonymity. Author’s name will remain anonymous unless Author gives Publisher express permission above. If permission is granted, the Publisher will only use the Author’s name on the website and will not share any other individual’s name that are in connection with the Work.
5. Injunctive Relief. If the Author commits a breach or an alleged breach of this agreement, the damage will not be irreparable or sufficient to entitle Publisher to seek injunctive or other equitable relief, to protect Publisher and/or the Publication.
6. Miscellaneous. All claims, actions, and proceedings relating to this Agreement shall be heard and determined in any California State court. The parties submit to the exclusive jurisdiction of California for the purpose of any action relating to this agreement.
Disclaimer: Upon my submission, I understand that I may gain access to the Publisher’s video, Facebook group, and/or question and answer session(s) with the Publisher. I understand that the Publisher is not a licensed therapist, social worker, attorney or any other licensed professional. Publisher is not providing me any therapeutic or professionally regulated services. Publisher is merely offering an opportunity for me to share my experience with Publisher, the Website, and/or the general public, as the case may be, and to hear the experiences of other persons who have experienced trauma. The videos, submissions, support groups, and question and answer sessions are not a substitute for the knowledge and skill of qualified psychologists, therapists, social workers, health care professionals, or attorneys. Should you have any mental health, physical medical concerns, or any legal questions, please consult with a licensed therapist, psychologist, medical doctor, social worker, and/or attorney.