Terms of Use

This is a legally binding agreement (“Agreement”) between you and Mindfull Magic (“Mindfull Magic” “MM” or “us”) governing your participation in the Mindfull Magic Program (“Program”). Please read the terms of this Agreement carefully. You must read, agree to and sign this Agreement before participating in the Program. Do not confirm the purchase connected to this this agreement if you do not agree or do not understand its terms written below. You may be required to fill out other paperwork and documentation, which will be deemed to be incorporated and made a part of this Agreement. The facilitator of the Program is Emily Sanders (“Sanders”). Sanders reserves the right to decline any individual interested in participating in the Program any time and for any reason Sanders may deem appropriate.

Purpose. This Agreement sets out the rules and agreements governing your participation in the Program. Sanders agrees to organize and facilitate sessions as part of the Program only if they are legally protected from the inherent risks associated with your choice to participate in the Program. This Agreement provides those protections.

Optional Use of Psychedelics. It is a personal decision entirely at your own discretion, and at your own risk, as to whether and how much psychedelics you will use as part of the Program. It is your responsibility to comply with applicable state and local laws. Laws Regarding Psychedelics Use and Possession. You understand that the use and possession of psychedelics remains illegal under federal law and under many state laws, and that your employer may make decisions based on your use or possession of psychedelics. You understand and agree that if you choose to use psychedelics in connection with the Program, you alone bear the entire responsibility for any outcomes resulting from such use, including but not limited to possible discharge from employment. You agree that you will inform yourself about all applicable laws and regulations before making the decision to use psychedelics as part of the Program. You understand MM is not providing legal advice and the information herein should not be relied upon as legal advice, and that your use of psychedelics, if any, as part of the Program will be not be in compliance with all applicable laws. You understand that no one is required to use psychedelics in connection with the Program.

(a)Use at Your Own Risk; No Driving Under the Influence. You agree that MM is not responsible for any effect psychedelics have on you or anything you do as a result of using psychedelics. You agree that you will not drive to or from any Program (if in person) under the influence of psychedelics, cannabis, other medicines, street drugs or alcohol.

(b)Other Substances. You agree that you will not use any other medicines, street drugs or alcohol before, during or immediately following any Program.

Full Personal Responsibility and Inherent Risk. The Program and its results vary on an individual basis depending on a number of factors, and carries some risks that are impossible to predict for each individual. You agree to take full responsibility for your participation in the Program and all outcomes resulting from such participation. You accept the inherent risks of the Program. These risks may include, but are not limited to:

(a)Intense prana, energy, or somatic experiences; intense transpersonal experiences, life changing realizations, apparent encounters with “archetypes,” “entities,” “ancestors,” “totems,” “guides” and “spirits,” physical and psychological experiences such as fainting, vomiting, extreme emotional states, panic attacks, unusual thoughts, hallucinations, or psychosis.

(b)Physical harm from slips and falls while moving around in nature under the influence of psychedelics. During winter months, outdoor areas may be icy or slippery, and you agree to use extra caution walking around these areas, particularly if you have consumed psychedelics.

(c)Negative experiences are uncommon, and are generally mild to moderately difficult. If a crisis requires additional emergency support by medical or mental health professionals, you agree to pay for all additional expenses of the intervention. MM have the right to call emergency support services MM determines that a crisis requires additional professional intervention. Emergency support services, and/or emergency contact will be contacted at the request of any participant.

(d)You agree that a safety questionnaire, phone conversation or brief interview may be required for your participation regarding some of these risks and your history of psychedelics use. You understand that this interview does not guarantee an experience without these risks. MM may refuse to provide the Program or services to any individual for any reason.

Representations. You represent and warrant each of the following:

(a)You represent and warrant that you have done the appropriate independent investigation to understand how psychedelics use may affect your psychological and physical health, including consulting with your doctor or psychiatrist if appropriate. You are informed as to how psychedelics use may impact any psychological or physical conditions you may have, as well as how psychedelics use may interact with any over the counter or prescription medications, herbs or supplements you are using.

(b)You represent and warrant that you are not aware of any psychological or physical condition that would make it unwise for you to participate in the Program or use psychedelics in the context of the Program. You represent and warrant that you have never been told to abstain from such practices or from psychedelics use by any health professional.

(c)You represent and warrant that you are not currently pregnant.

(d)You represent and warrant that you are at least 21 years of age or older as of the Date of this Agreement.

(e)You represent and warrant that you will completely and truthfully answer any and all questions in a safety questionnaire provided to you prior to any Program.

(f)You represent and warrant that you understand the MM is not providing any legal advice, and that you have consulted your own legal counsel at your discretion concerning your use of psychedelics in a Program and any related risks.

(g)You agree to notify the MM immediately if any of the representations you make in this Section 5 change during your participation in the Program.

Cost; No Refunds. The total cost of the Program is as set forth in MM materials that have been provided to you. Payment can be made with cash or credit card. Payments are non-refundable. MM reserves the right to terminate any individual’s participation in the Program based on violation of this Agreement, disruptive or inappropriate behavior, or any safety concerns which may arise. No refunds of previous payments will be made upon such termination.

Intellectual Property. All materials and content provided or streamed as part of the Program or in connection with the Program including but not limited to music, audio, sounds, video, photos, graphics, text and information (“Materials”), is proprietary material belonging to MM, the Facilitator(s) or third parties, and may be protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. You will not use, copy or distribute Materials without MM’s prior written permission.

DISCLAIMERS OF WARRANTIES.

(a)You expressly understand and agree that the Program, and your participation in the Program or any Program, is at your own risk. Each Program and all Materials, are provided “AS IS” and without warranties of any kind, either express or implied. MM disclaims all warranties related to any Program, and all Materials, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, non-infringement, and any warranties implied by any course of performance or usage of trade.

(b)You expressly understand and agree that MM does not warrant or make any representations or guarantees regarding the outcome, experience or effect on you of participation in the Program or any Program. You expressly understand and agree that MM does not warrant or make any representations regarding the effects of the use of psychedelics generally, the use of any strain or blend of psychedelics particularly, or the use of psychedelics specifically by you or other individuals.

Indemnification. You agree to indemnify, hold harmless and defend MM and each of their agents, contractors, affiliates, representatives, and partners from and against any and all losses, damages, reasonable costs (including reasonable attorneys’ fees and expenses), liabilities or expenses arising from: (a) your participation in the Program or any Program, (b) your violation of this Agreement, including a breach of any of your representations and warranties in this Agreement, (c) any physical or psychological harm, outcomes or effects resulting from your participation in the Program or your psychedelics use, or actions you may take as a result of the Program or using psychedelics, and (d) any other matter in relation to MM,, Materials or this Agreement. MM reserves the right to assume sole control of any matter otherwise subject to indemnification by you under this Section. You agree in such circumstances to assist and cooperate fully with MM in asserting any available defenses at your expense. You and/or your estate hereby indemnifies MM against any claims by any person arising directly or indirectly from your death, injury, loss or damage suffered by you, allegedly caused or contributed to by an act or omission of MM, the Facilitator(s) and each of their directors, officers, employees, agents, representatives, contractors, consultants and agents.

Limitation of Liability.

(a)YOU ARE VOLUNTARILY PARTICIPATING IN THE PROGRAM WITH KNOWLEDGE OF THE RISKS THAT MAY BE INVOLVED AND YOU HEREBY AGREE TO BE RESPONSIBLE FOR YOUR OWN HEALTH AND WELFARE AND ASSUME ALL RISKS OF EMOTIONAL DISCOMFORT OR TRAUMA, PERSONAL INJURY OR DEATH. You acknowledge and agree that MM are not responsible for and have no duty to take action regarding: (a) your participation in and the effect of the Program occurrence on you, (b) your personal decision to use or possess psychedelics and how much, if any, you decide use as part of the Program, (c) any effects of psychedelics use or possession, including physical, psychological, legal or employment outcomes, (d) any physical or psychological harm or personal injury resulting from your participation in the Program or your psychedelics use, or (e) any outcomes or actions you take as a result of having been exposed to the Program, or possessing or using psychedelics. You hereby release MM of any and all liability arising out of your participation in the Program occurrence, and your accessing any Materials. You hereby release MM of any and all liability for your possession or use of psychedelics should you decide to possess or use psychedelics.

(b)You acknowledge and agree that, to the maximum extent allowed by law, MM and each of their agents, contractors, affiliates, representatives, and partners shall not be liable to you, or any third person as a result of your violation of this Agreement, under contract, tort, strict liability, negligence or any other legal or equitable theory for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MM has been advised of the possibility of such damages), arising out of, or resulting from: (a) your participation in the Program, your use of Materials, or your psychedelics use, or actions you may take as a result of the Program or using psychedelics, (b) access or inability to access the Program or Materials; (c) use or misuse of psychedelics or any other substance (illegal or legal) during, preceding or following the Program or any Program; (d) violation of this Agreement; (f) infringement of any intellectual property or other right of any person or entity; (g) for breach of any representations and warranties in this Agreement; and (h) any other matter relating to the Program, or Materials.

(c)You expressly agree that in no circumstances shall the collective liability of MM, and each of their agents, contractors, affiliates, and representatives for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the total amount paid to MM by you under this Agreement for the specific Program during which such losses occurred. Certain states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you.

(d)You expressly understand and agree that under no circumstances will MM or their agents, contractors, affiliates, representatives, and partners be responsible for any loss or damage, including personal injury or death, resulting from your participation in the Program.

YOU AND MM ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 7, 8, and 9 FORM AN ESSENTIAL BASIS OF THE AGREEMENT, AND THAT WITHOUT DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, MMWOULD NOT ENTER INTO THIS AGREEMENT WITH YOU.

Entire Agreement. This Agreement constitutes the entire Agreement between you and MM with respect to the Program and any Program, and supersedes any and all prior or contemporaneous oral or written discussions or agreements between the you and MM.

Governing Law; Venue. You and MM agree that any dispute or controversy arising under or relating to this Agreement or the Program shall be governed by and construed in accordance with the laws of the State of Colorado excluding its conflict of law rules. You agree that any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You irrevocably consent to the exclusive personal jurisdiction of the state and federal courts located in Boulder, Colorado for any suit or action arising from or related to this Agreement, and waive any right you may have to object to the venue of such courts.

Other Terms.

(a)Severability. If any of these terms is found to be for any reason unenforceable, then that term shall be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.

(b)Survival. Any section that by its nature should survive expiration or termination of this Agreement shall remain in effect after the expiration or termination of this Agreement, including but not limited to, Sections 4 and 8 through 17.

(c)No Assignment. This Agreement is personal to you and you may not assign or transfer it to anyone else. MM may assign, transfer or delegate any of its rights and obligations under this Agreement without your consent.

(d)The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

(e)The captions and headings in this Agreement are intended only for convenience, and will in no circumstances be construed to define, limit or describe the scope or intent of this Agreement, nor in any way affect the interpretation of this Agreement.

(f)No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.

Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

I agree to the above terms and conditions of this Agreement, and that these terms and conditions will govern my participation in the Program or any Program. I understand that this Agreement contains a limitation of liability provision, which I have read, understood and consented to.