GENERAL RELEASE, TERMS AND CONDITIONS, & PROGRAM PARTICIPATION AGREEMENT
Participation Agreement
Effective Date: January 1, 2021 (Updated July 2025)
This Course Agreement ("Agreement") is entered into by and between Momenta Group LLC, an Oregon limited liability company, and its subcontractors, affiliates, officers, employees, agents, and assigns ("Momenta") and you, the participant, for participation in any Momenta Group course or program ("Course").
This Agreement applies to your participation in all Momenta Group LLC programs, whether in-person or remote. By participating in any activity with our company, you acknowledge you have read, understand, and agree to be legally bound by the terms and conditions set forth herein. This Agreement may be updated periodically and published at www.momentaworkshops.com, and is binding upon publication, without the requirement for individual notice.
Disclosure statement
Momenta Group LLC operates educational courses in global locations, some of which may lack modern amenities or political stability. While every effort is made to anticipate and manage risks, certain conditions—including natural disasters, strikes, transportation failures, or government actions—are beyond our control.
By registering, you certify you do not have a condition that could endanger yourself or others. You agree to complete a Medical Certificate & Questionnaire truthfully. Momenta reserves the right to remove any participant at our discretion for health or safety concerns.
You agree:
• You are solely responsible for your physical, mental, and emotional safety.
• You are responsible for decisions made before, during or after the Course.
• The Course is not a substitute for professional therapy, legal, or medical advice.
Terms & Conditions
DEFINITIONS (A) "Momenta" includes Momenta Group LLC and all its owners, members, employees, instructors, agents, contractors, subcontractors, and affiliates. (B) "Participant" or "you" includes anyone registered or attending the Course. (C) "Course" refers to all workshops, programs, services, and activities organized or facilitated by Momenta.
PARTICIPATION WAIVER & ASSUMPTION OF RISK By participating in the Course, you acknowledge and voluntarily assume all risks associated with travel, photography, workshop activities, and related services. These risks include, but are not limited to: injury, illness, accident, loss, property damage, political unrest, natural disaster, terrorism, transportation delays, and medical emergencies in remote or urban areas. Momenta is not liable for decisions made by local authorities or third-party providers affecting the Course. Participant understands that participation may expose them to contagious diseases, including COVID-19, and accepts the inherent risk of exposure in group settings, despite any safety protocols put in place.
You acknowledge that Momenta does not provide or guarantee medical care or emergency services. In the event of injury or illness, you consent to receive first aid from Momenta and agree to be solely responsible for associated costs. You further agree to waive any claims against Momenta for loss, damage, injury, or death.
PARTICIPANT FITNESS & CONDUCT You certify you are physically and mentally fit for participation. If required, you agree to submit a medical form accurately disclosing any conditions. Momenta reserves the right to remove or decline any participant whose behavior, condition, or presence is deemed unsafe or disruptive. Any conditions requiring special treatment must be disclosed in writing. We reserve the right to deny participation based on health or safety concerns.
You are solely responsible for your conduct and decisions. Disruptive behavior, illegal activity, harassment, failure to comply with instructions, or risk to others will result in removal without refund.
AGE RESTRICTION You must be at least 18 (eighteen) years of age to participate in the Course or access any Services contained herein or have parental permission to take part. By participating in the Course, you represent and warrant that you are at least 18 years of age or have full parental permission which may need to be verified in writing and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
THIRD PARTY SERVICES & PROVIDERS You acknowledge Momenta is not responsible for the actions, performance, or liabilities of third-party vendors (e.g., hotels, airlines, drivers, guides). Momenta acts solely as a facilitator and shall not be held liable for service failures, cancellations, or conduct by external providers.
TRIP INTERRUPTIONS You understand the Momenta is not responsible for delays, changes, or expenses due to flight cancellations, lost luggage, missed connections, or transportation disruptions. You are solely responsible for your own travel logistics and costs.
INSURANCE REQUIREMENTS You are strongly encouraged to carry comprehensive travel insurance that includes trip cancellation, medical evacuation, illness, injury, and loss or theft of personal property. You are solely responsible for obtaining and understanding any insurance coverage you choose.
EQUIPMENT & PROPERTY Momenta is not responsible for lost, stolen, or damaged personal belongings under any circumstances, including during transportation, at accommodation sites, or during course activities. You agree to safeguard your property and understand any provided gear or facilities are used at your own risk. You agree you are solely responsible for the safekeeping, maintenance, and security of your personal equipment and belongings throughout the duration of the Course.
MEDIA USE, INTELLECTUAL PROPERTY, & ACCESS COURSE MATERIALS You grant Momenta the right to use photographs, video, and audio recordings taken during the Course for promotional or educational purposes.
Momenta may provide you with certain information as a result of your accessing of the Course through the Website, email, or paper form. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, Momenta grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or any Websites or digital materials, or at the termination of this Agreement. You agree not to reproduce or share Course materials without written permission. All course content is owned by Momenta or used under license.
All Course content remains the sole property of Momenta Group LLC. A limited, non-transferable license is granted to access materials for personal use during the Course. Sharing or reproducing content without written permission is prohibited.
Participants may only access Course materials for the intended dates and use. Sharing login access or distributing materials results in immediate removal from the program without refund.
COURSE TERMS After purchasing the Course, you may not be able to begin until the specified Course Start Date. You must complete the Course by the specified Course End Date. The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared any log-in information or proprietary material with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion, and you will not receive a refund. We do not offer any promises or guarantees with regard to our Course or Course Materials.
You hereby acknowledge and agree: A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life; B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take; C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course; D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
CONTENT Momenta reserves the right to take photographs or videos during the operation of any educational course or part thereof, and to use the resulting photographs and videos for promotional and other purposes. You agree that the Images may be combined with other images, text and graphics, and cropped, altered or modified; acknowledge and agree that you have consented to publication of your likeness and further agree that you have no rights to the Images, and all rights to the Images belong to the Photographer/Filmmaker and Assigns. You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions. If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, you are requested to contact us immediately. Through your participation in the Course and your use of the Website or any Course related processes, you may be permitted to post materials to the Course pages and other parts of the Website or on 3rd-Party Platforms (“User Contributions”) or via email. You hereby grant Course Provider a non-exclusive, worldwide license to archive, copy, display, use, broadcast, transmit, and make derivative works of User Contributions you post as it deems necessary and relevant to the success of the Course and the Course Provider’s services and promotional purposes. The Course Provider claims no further proprietary rights in your User Contributions.
YOUR OBLIGATIONS: As a participant in the Course, you will be asked to register your payment with our third party provider. When you do so, you will provide us with your address, telephone number, and email address. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course and be used for our correspondence with you.
You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website or 3rd-Party Platforms to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
As a participant in the Course, you will be asked to undertake and complete the obligations listed in any pre-session emails and via instructions via email correspondence. Should you not hear from the Course team prior to the workshop start date, you must contact us by telephone or email to assist us in diagnosing the problem.
ACCEPTABLE USE You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, Platforms, or general business of the Course Provider.
a) You further agree not to use the Course or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Course Provider or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material; VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
NO LIABILITY The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us or our guest faculty. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, 3rd-Party Platforms, or on the Website.
REVERSE ENGINEERING & SECURITY You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website; b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
DATA LOSS Momenta does not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
INDEMNIFICATION You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
SPAM POLICY You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
NO WARRANTIES You agree that your participation in the Course and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Momenta makes no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. Momenta makes no warranties as to the reliability or accuracy of any information in the Course or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
PAYMENT, CANCELLATIONS & REFUNDS Your tuition is non-refundable and non-transferable except as outlined in our cancellation terms. Momenta reserves the right to make changes, reschedule, or cancel the Course for reasons including low enrollment, safety, or force majeure. In such cases, liability is limited to refund of tuition paid according to the terms of the refund agreement published on our website. Cancellation policies, transfer conditions, and refund schedules are detailed in the confirmation email and on our website. You agree not to initiate chargebacks or payment disputes with your credit card provider. All refund requests must be made directly to Momenta Group LLC per the refund policy on our website.
MODIFICATIONS TO AGREEMENT We reserve the right to modify these terms at any time. Updates will be posted publicly on our website and apply to all future and ongoing participants. Continued participation constitutes acceptance of the modified terms.
RELEASE OF LIABILITY & INDEMNIFICATION You agree to release and hold harmless Momenta and its subcontractors from all claims, damages, or liabilities arising from your participation. You further agree to defend and indemnify us against third-party claims resulting from your actions, violations of this Agreement, or misuse of our services.
GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language unless stated otherwise.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of Oregon shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Deschutes, Oregon. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum nonconveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Deschutes. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Oregon. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, communicable diseases and quarantine, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: info@MomentaWorkshops.com.
General Release & Participation Agreement by the Participant
General release and waiver of liability
Conditions as well as agree to waive any claim whatsoever against Momenta Group LLC and/or its designated members, principles, owners, faculty, contractors, officers, employees, agents, tour operator, tour administrator, or assigns, for any loss, damage, injury, or death, howsoever caused. You acknowledge you have asked to participate in an educational course to be conducted by Momenta Group LLC and are aware and informed that participation in and travel during this educational course is a potentially dangerous activity. The risks relating to participation in an educational course include, but are not limited to, risk of illness, injury or death; and risks associated with travel by airplane, automobile, train, boat or any other mode of transit. You acknowledge that personal property may be lost, damaged, stolen, or confiscated during the course of this trip. Travel or program disruption may be interrupted or delayed due to causes beyond the control of Momenta Group, LLC, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by third party providers, and any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s).
You affirm you are in good health and physically able to participate in all aspects of the trip. Further, you recognize that as a participant in this workshop and educational course you may travel to locations and places where punctual and/or modern medical care may be difficult or impossible to access, and that, should you become ill or injured, medical treatment may not reasonably be available. You consent to receive first aid from Momenta Group LLC, its members, principles, owners, officers, employees, agents, tour operator, tour administrator, contractors or assigns. In the event of a medical emergency, you authorize Momenta Group LLC or its representatives to obtain medical treatment deemed necessary for my health and safety, and agree to assume all costs associated with such treatment.
Momenta Group LLC, its designated members, principles, owners, officers, employees, agents, tour operator, tour administrator, contractors or assigns, shall not be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s Momenta Group, LLC educational course departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
By participating in a Course, I certify I am physically and mentally fit to participate and have disclosed any relevant conditions that may affect my safety or participation. Momenta may request a medical clearance or questionnaire and it reserves the right to deny participation based on incomplete or inaccurate disclosures.
I agree to adhere to respectful, lawful, and safe behavior throughout the Course. Momenta Group LLC reserves the right to remove any participant, without refund, who disrupts the program, endangers others, or violates local laws or group norms
I understand that travel and participation in this Course involves inherent risks, including but not limited to those associated with transportation, physical exertion, exposure to unfamiliar environments, limited medical facilities, and acts of nature. I voluntarily assume all such risks, both known and unknown.
Photography and media release
I grant Momenta Group LLC and its partners the right to photograph or video me during the course and to use those images for promotional purposes in any medium. I understand I have no rights to these images and waive all future claims.
Photographic works: I retain the copyright to any works I create but grant Momenta Group LLC and its nonprofit/media partners a non-exclusive, perpetual, worldwide license to use those works for educational and promotional purposes.
Non-compete agreement
In consideration of my participation, I agree not to compete with the business of Momenta Group LLC for three years after the course. This includes starting or working for a substantially similar business. I acknowledge I may receive access to confidential information and agree not to use or disclose it. This agreement is binding on me and my successors.
Final waiver
By registering for a Momenta Group LLC course, I have read and understand this waiver and agree to all of the above Terms and Conditions above, including the Disclosure Statement, Medical Waiver, and General Release. I release Momenta Group LLC and its affiliates from liability for any loss, injury, or death, however caused.
I understand that Momenta reserves the right to modify these Terms at any time, with updated terms becoming binding upon publication at www.momentaworkshops.com and I am responsible for reviewing the most current version.