30. Article 30

Other Policies and Procedures

Please read the following policies which you will find in Annex I of this document which contains Abiding Heart’s Policies, Procedures, Acknowledgement and Assumption of Risks and Release and Indemnity Agreement releasing AHE of liability and waiver of certain legal rights. Annex I of this document forms an integral legal part of AHE Terms and Conditions. Please click here for Annex I: 

• Sharing of Recordings and Documents Policy

• Student Wellbeing Policy and Procedure 

• Student Wellbeing Medical and Mental Health Disclaimer 

• Notice of Concern Policy and Procedure

• Managing a Student’s Emotional Crisis Procedure

• Responding to Calls from Third Parties Student Confidentiality

• Guidance for Students on Sexual Harassment

• Complaints and Grievance Policy and Procedure

• Complaints Appeals Policy and Procedure

• Students Discipline/Behavioural Management Policy and Procedure

• Fitness to Study Policy 

• Anti-Discrimination and Non-Harassment Policy 

• Data Protection Policy

• Marketing Communication 

• Equal Opportunities Policy 

• Health and Safety Policy 

• First Aid Policy

• Risk assessment Policy

• Information Technology Systems Acceptable Use Policy 

• Smoking, Alcohol and Drugs Policy 

• Food Policy 

• Declaration of Criminal Convictions Policy

• Guidance for Students on Sexual Harassment

• Illness /Injuries Policy 

• Mobile Phones and Pagers Policy

• British Values Statement 

• Taking, Storing & Using Images and Course Work Policy

• Fire and Evacuation Procedure

• Courses/Retreats/Workshops Group Participation Policy

• Plagiarism policy 

• Use of the Library: policy and procedure

• Late Assignment Policy 

• Semester Registration Policy

• Students Assessment Policy 

• Reference Policy  

Please note that all registered students of Abiding Heart Education are subject to the terms and conditions regulations, policies and procedures, which may be changed from time to time. 

Failure to read and understand the terms and conditions, requirements and policies detailed in this document does not excuse the subject from being subject to them. ​​

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Click Here for Abiding Heart's Policies

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31. Article 31

Acknowledgement and Assumption of Risks, Indemnity Agreement, Waiver and Release Agreement 

Article 31 contains a release of liability and release and waiver of certain legal rights.  

Abiding Heart Education (hereafter individually and collectively “AHE”) would like to ensure that participants/students are aware of the risks involved in attending our programmes in Scotland, or elsewhere around the world, and that participants begin our course mentally, emotionally and physically prepared for the inner and external journey. The following “Acknowledgement and Assumption of Risks, Indemnity Agreement, and Waiver and Release Agreement” is also an important resource tool designed to further help participants/students/ understand and appreciate the risks we are exposed to, as well as the rules and regulations we have established to mitigate those risks. Please read the following document carefully. If you do not understand any of the following or if you have questions about protocols or rules that we have established to decrease our exposure to risk, please email to our admissions coordinator at: admissions@abidingheart.education

Please read this entire“Acknowledgement and Assumption of Risks, Indemnity Agreement, and Waiver and Release Agreement” (hereafter “Document”) carefully before signing. This includes AHE policies, Terms and Conditions, as well as website - in particular the section under the navigation bar heading Teacher Education Courses, and will abide by the guidelines, rules, instructions, policies and procedures for AHE and Activities including meditation practices and retreats at Abiding Heart Education. The Abiding Heart Education website address is: www.abidingheart.education

All participants/students must read, review Article 31 and the attached Annex I, and sign the Agreement. In consideration for a student being permitted to participate in the Activities of AHE, and its coordinators, teachers, directors, trustees, members, employees, agents, subcontractors, representatives, and volunteers, including its medical consultants and all other persons or entities affiliated with it , I (participant/student) acknowledge and agree as follows: 

Acknowledgement and Assumption of Risks: 

Participating (whether simply attending, observing or actively participating) in AHE educational, meditational, instructional, experiential learning, artistic, recreational and/or adventure activities include risks. These Activities can occur in various locations in Scotland, Nepal and elsewhere. Activities which may be led by AHE staff, subcontractors or others include, but may not be limited to: Meditation; experiential/contemplative art; reflective/contemplative practices; entertainment, trekking; hiking; camping; running; backpacking; bicycling; horse riding, horse, yak, donkey; home and playground construction and other service projects; independent study projects; transformative learning experiences, including meditation, contemplative practices and any other inner development related experiential activities; the content and nature of the courses/workshops/retreats/adventures can be intellectually, mentally, physically and emotionally demanding; experiential activities including a variety of games and group initiatives; receiving acupuncture, massages, sound therapy, and other local healing practices; and transportation in vans, buses, trucks or other vehicles (collectively referred to in this Document as “Activities”). Activities may be scheduled or unscheduled, supervised or unsupervised, and include activities undertaken during the participant’s free time. I acknowledge that the inherent and other risks, hazards, and dangers (collectively referred to in this Document as “risks”) of the Activities can cause injury, damage, death or other loss to the participant or others. 

I understand that the risks include, without limitation: 

• Weather, environmental, and surface and subsurface conditions in an outdoor, urban or wilderness environment in home country in Scotland, a foreign country (if not from the UK), Nepal or elsewhere, that are unpredictable and dangerous, including risks associated with travel on trails or routes that may not be groomed, maintained, controlled, or marked; lightning; snow or ice accumulation; high altitude conditions; fast moving rivers or other water bodies; falling or fallen timber; mineshafts; rockfall; icefall; steep or slippery terrain; electrical storms; mountain storms; flash floods; snow; rain; hail; sleet; ice and extremely cold water; geothermal geysers or geothermally heated (extremely hot) water; unstable or loose rock; wild or domestic animals; stinging, venomous and/or disease carrying animals, insects or microorganisms; and other natural and man-made hazards and dangers; 

• Participant’s mental, physical or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in the Activities includes risks. Although AHE will review participant’s submitted medical information, AHE cannot anticipate or eliminate risks or complications posed by participant’s mental, psychological, physical (including fitness level) or emotional condition; 

• Risks associated with AHE staff decision-making, judgments, and warnings, which are often based on a variety of perceptions and evaluations, which by their nature are imprecise and subject to error. These include the risk that a staff member may misjudge an individual’s capabilities, health (including mental health), or fitness level, or misjudge terrain, weather, trail location and conditions, water-level, river and/or terrain route location, some aspect of instruction, medical treatment, the character and propensities of an animal, or how best to react in certain circumstances; 

• Animals, including without limitation,​ ​horses, donkeys, cows, sheep, yaks, cattle or dogs are unpredictable and uncontrollable in all circumstances, whether participants are mounting, dismounting, saddling, feeding, riding, packing, or otherwise dealing with animals in any way. Animals are generally much larger, more powerful, and faster than a human, and can react to the environment, and the conduct and actions of riders and other persons in harmful ways. Without warning, animals can kick, bite, stomp, stumble, rear, bolt, fall, and react to sudden movements, noise, light, vehicles, other animals, or objects. Riding animals can involve equipment that may break or otherwise fail, saddles or blankets that may slip, and other riders who may not control their animals and cause a collision or other unpredictable consequences;

• Risks of staying in homestays, guesthouses, hostels, local villagers houses or camping, including the risk of tending to, being near, or cooking over an open fire or gas or propane stove that is subject to a gas explosion, scalding, or other burns. Other risks include the risk of contaminated water in natural water sources, the risk of falling trees and/or branches, floods, harsh and unpredictable weather, wildlife disturbances and encounters, insect bites, and other hazards at a campsite; 

• The risk that equipment or gear may be misused, may not fit, or may break, fail, or malfunction. This includes participant’s personal equipment, AHE equipment, or other equipment (whether purchased, borrowed, or rented). Participants choosing to bring and use their personal equipment (including any safety gear), assume full responsibility, for choosing appropriate equipment and for the fit and condition of this equipment. AHE requires use of helmets or other safety gear for some activities. Safety gear may prevent or lessen injuries in some instances but it is not a guarantee of safety, and injury can occur even with the use of this gear; 

• The unavailability of immediate and quality medical attention or rescue possibilities in an isolated and remote location, including the limited ability to communicate with rescue and medical personnel, and to transport or evacuate a participant from an incident location. Activities may take place in locations as much as several hours or days from any medical facility, and in regions where traditional Western medical care is not always available; 

• Risks from participating in a physically exerting activity in an unpredictable environment, including engaging in repetitive arm and leg movements, bending, walking, riding, twisting, pulling, lifting, running, jumping, climbing, and sustaining back and other injuries as a result of using a shovel, hammer, machete, pick-axe, or other tool; 

• Risks associated with sound bath, sound therapy, acupuncture, massages, and other local healing practices including soreness, bleeding and blood clots, necrosis, jewellery swallowing and rejection, organ injury, bruising, swelling, infections, transmission of illnesses or skin conditions, stress on the nervous system, pain or discomfort, fractures, headaches, and aggravation of pre-existing conditions; 

• Risks associated with home stays and residing with unknown people in a foreign country, such as Scotland, undeveloped country, such as Nepal, including exposure to unfamiliar food, water, and domestic and wild animals; risks associated with varying and unfamiliar cultural norms; unanticipated verbal and physical harm; the careless or reckless behaviour of other people; the possibility of inadvertent touching or unwanted sexual advances; and personal disclosure and/or interaction with such people; 

• Risks associated with interactions with, and reliance on, AHE, other participants, or unknown third parties, including the careless or reckless behaviour of other people, the possibility of inadvertent touching or unwanted sexual advances, and personal disclosure and/or interaction with co-participants; 

• Risks of travelling in Scotland, UK and possibly other foreign countries, such as Nepal, including being transported to and from Activities by bus, van, pick-up truck, motorcycle or personal car on undeveloped, rough, mountainous and unpredictable terrain, including dangerous roads, bridges, and other infrastructure; the risks of driver error either by individuals affiliated with a third-party carrier or drivers of other vehicles; the risk of vehicle malfunction and travel in potentially unsafe vehicles including the back of a pick-up truck or buses not equipped with seat belts; exposure to poor sanitation and contaminated foods or water, and unusual diseases; exposure to polluted and hazardous air; and encounters with terrorism, war, kidnapping, political unrest, riots, individuals with anti-foreigner sentiment, and other forces or harm; and 

• Risks associated with the Participant voluntarily participating with knowledge of the risks. The Participant assumes and accepts full responsibility for the inherent and other risks (known and unknown, described above or otherwise) of using the AHE Centre and facilities and for any injury, damage, death or other loss suffered by participant, resulting from those risks, including the risk of participant’s own negligence or other misconduct. This also includes use of the building and garden of Abiding Heart Centre in Scotland as well as other buildings in other locations that are used for AHE Activities. This building is 300 years old which means that the floors are not even, the corridors are narrow and the stairs steep and narrow and the Centre’s garden surface is not even and has steep steps.

• Risks associated with participants having free and/or independent time before, during, and after Activities. At all times, all participants share responsibility for their own wellbeing. 

These risks can result in participants: falling partway or falling to the ground or into the water; being struck by, colliding with or impacting objects, people, animals or the bottom of a water body; experiencing vehicle collision, capsize or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; and suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold-related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; 

sunburn or other burns; illnesses (including contracting animal/insect borne or contagious diseases); infections; cuts or wounds; or other injury, damage, death or loss. 

• Mental Health and Wellbeing Waiver and Release: I am aware that AHE courses/workshops/retreats/adventures include meditation and retreats that afford an opportunity to deepen my personal development, meditation practice, contemplative studies and contemplative education but I may also face physical, emotional, psychological, and/or spiritual challenges. It is my sole responsibility to determine my fitness for the AHE programmes and whether it is appropriate for me. If I have questions or concerns about any physical or mental health issues that might affect my ability to engage in these Courses and Retreat, I will consult with my physician, psychologist or other health care professional before signing this agreement. I represent to Abiding Heart Education that I have a current medical insurance policy (for non UK residents) with coverage limits that are sufficient for any health emergency that might arise during or as a consequence of this Courses and Retreat. I have transportation in the event of a health emergency, and I understand that the nearest hospital is located in Dumfries which is over 30 minutes away by car from Castle Douglas. 

I (participant/student) acknowledge and agree: 

• To disclose to AHE any mental, physical or emotional conditions or limitations which may affect participant’s ability to participate, and represent that participant is fully capable of participating without harming him or herself or others; 

• AHE representatives are available if I have further questions about the Activities or the associated risks; 

• AHE contracts with individuals or organisations that are independent contractors (not employees or agents of AHE) to provide or conduct some of the services and Activities participants will engage in AHE does not supervise or control these contractors and is not legally liable or responsible for their conduct; 

• The information provided above is not complete, other unknown or unanticipated Activities, risks, and outcomes may exist, and AHE cannot assure participant’s safety or eliminate any of these risks; 

• If a participant is borrowing or renting new or used equipment from AHE, the equipment comes "AS-IS," and AHE disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose), regarding the equipment; 

• Participant is voluntarily participating with knowledge of the risks. Therefore, participants assume and accept full responsibility for the inherent and other risks (known and unknown, described above or otherwise) of the Activities and for any injury, damage, death or other loss suffered by participant, resulting from those risks, including the risk of participant’s own negligence or other misconduct. This also includes use of the building and garden of Abiding Heart Centre in Scotland as well as other buildings in other locations that are used for AHE Activities. This building is 300 years old which means that the floors are not even, the corridors are narrow and the stairs steep and narrow and the Centre’s garden surface is not even and has steep steps.

Waiver, Release and Indemnity Agreement: 

Please read carefully. This “Acknowledgement and Assumption of Risks, Indemnity Agreement, and Waiver and Release Agreement” contains a surrender of certain legal rights. I (participant/student) agree as follows: 

• To release and agree not to sue AHE, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively “claim” or “claim/s”), for any injury, damage, death or other loss in any way connected with my enrolment or participation in the Activities and in being at the AHE Centre in Castle Douglas. I agree here to waive all claim/s I may have against AHE, legally bind my and any family member, heir, or other party bringing claim/s and agree that I will not make a claim against AHE due to any injury, damage, death or other loss suffered by me; 

• To defend, hold harmless, and indemnify (“indemnify” meaning protect by reimbursement or payment) AHE with respect to any and all claim/s brought by or on behalf of me, my child, spouse or other family member/s, my/my child’s heirs or estate, or a co-participant or any other person, for any injury, damage, death or other loss in any way connected with my enrolment or participation in the Activities. This includes any and all claim/s which may be presented by a medical care provider, insurer, or other third party due to medical care provided to the participant before, during, or after the Activities, including transportation and evacuation costs; 

• To agree not to defame, slander, criticise, ridicule, or make any statement which disparages or is derogatory or could reasonably be interpreted as disparaging or derogatory of or with respect to AHE to any person, either orally or written, and including but not limited to in or to any media such as newspaper, magazine, television, online media or social media such as Facebook, Instagram, YouTube, or X (previously Twitter);

• I recognise that accidents, illnesses and injuries that may occur while on the Course and Activities are potentially subject to civil emergency response interventions and treatment as deemed prudent by AHE staff in conjunction with my listed emergency contact person. I agree that I am solely financially responsible for any and all emergency response interventions;

• I fully waive and release AHE from any and all claims for property damage, personal injury, illness, or death that may result from any activities or conditions while on AHE courses/workshops/retreats/adventure whether they cake place at the Centre or elsewhere;

• This Waiver, Release and Indemnity Agreement includes claim/s of or resulting from AHE’s negligence (but not its gross negligence or wilful or wanton misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues including mental health, response, assessment, or treatment), property damage, loss of consortium, breach of contract, or any other claim; 

• Mental Health and Wellbeing Waiver and Release: I fully waive and release AHE from any and all claims for personal injury, illness of any nature, including psychological, mental or physical, that may result from any activities or conditions while on AHE courses/workshops/retreats/adventures. Those activities and conditions may include, but are not limited to: extended periods of sitting meditation and lectures; engaging in learning activities and exercises that may trigger past traumas and may trigger wellbeing/mental health conditions; I hereby acknowledge and understand that there are dangers and risks associated with the activities described above. 

• I fully assume the responsibility for my well-being, mental health, dangers and risks, and agree to use my best judgment while engaging in AHE Activities. I further agree to indemnify and hold harmless AHE, its employees, agents, officers, contractors, sub-contractors, from and against any and all liability incurred as a result of or in any manner related to my participation in the Activities. 

• I accept full responsibility for my well-being, mental health, physical and medical health, decisions and actions before, during and after the AHE course/workshop/retreat/adventure Activities. 

• I acknowledge that the nature of the AHE  programmes is academic, educational with personal development elements and they are not a substitute for professional mental health or medical care. AHE does not offer therapy and participants are fully responsible for their well-being and mental health and accessing their mental health professionals.

• I understand that confidentiality is subject to limitations for safety and legal requirements. 

• I release AHE from any legal claims arising from services provided. 

I  recognise, acknowledge and agree: 

• I recognise that this is an important legal Document. I fully understand my right to review all aspects of this “Acknowledgement and Assumption of Risks, Indemnity Agreement, and Waiver and Release Agreement” with the solicitor of my choice, that I have had the opportunity to consult with the solicitor of my choice, that I have carefully read and fully understand all the provisions of this Document. I hereby voluntarily, and at my own risk, sign this Document in sole consideration of being permitted to use AHE’s facilities or property.

•  I hereby certify that I am of legal age and competent to execute this Document, that I am doing so of my own free will and accord, voluntarily and without duress, and that I do so intending to bind myself, my executor, my heirs, and administrators or assigns to the fullest extent. 

• I authorise AHE staff or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and/or to provide treatment they consider necessary for my health. I agree to the release (to or by AHE) of any records necessary for treatment, referral, billing or insurance purposes. I agree to pay all costs associated with any such care and/or transportation, including medical and/or airlift evacuation and associated expenses. 

• I agree that any legal proceeding must be filed only in the state court located in the United Kingdom which will be the sole jurisdiction and venue for any legal proceeding relating to or arising out of the Activities, this Document or otherwise. Before filing a lawsuit, I agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable UK mediator. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If a court or any other appropriate authority finds any portion of this Document to be invalid, all other portions of this Document will remain in full force and effect and binding upon the parties. 

I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN ARTICLE 31: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, INDEMNITY AND GENERAL WAIVER AND RELEASE AGREEMENT. I AM AGREEING TO BE BOUND BY THE CONTENTS OF ALL PAGES OF THIS DOCUMENT THAT INCLUDES ARTICLES 1-21 AND ANNEX I OF THIS DOCUMENT.  I ACKNOWLEDGE THAT IT SHALL BE EFFECTIVE AND LEGALLY BINDING ​UPON ME, MY SPOUSE, CHILDREN, AND OTHER FAMILY MEMBERS, HEIRS, EXECUTORS, REPRESENTATIVES, SUBROGEES, ASSIGNS, AND ESTATE. 

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