ASE Services: ASE provides carefully curated sonic experiences which shall or may consist of listening to music and a self-guided or voice-led meditation by an ASE professional (the “Experience”). The Experiences are intended to induce a meditative state. For optimal results, we recommend using an eye mask and headphones. You may experience relaxation or other shifts in mental or energetic states. You may experience deep feelings across the spectrum. However, there are no guarantees as to what you will experience. If you experience an emergency during an Experience, or damaging or negative thoughts or emotions, please contact a healthcare or mental health provider, or seek emergency assistance.
DISCLAIMER
ASE, ITS AGENTS, AND PROFESSIONALS ARE NOT MENTAL HEALTH PROVIDERS. ASE’S EXPERIENCES AND OTHER SERVICES DO NOT CONSTITUTE MENTAL HEALTH COUNSELING OR THERAPY. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT ENGAGING ASE AS MENTAL HEALTH PROFESSIONALS OR THERAPISTS. YOU FURTHER ACKNOWLEDGE THAT NEITHER YOUR PARTICIPATION IN THE EXPERIENCES OR OTHER ASE OFFERINGS, NOR ANYTHING HEREIN, SHALL CREATE A THERAPEUTIC OR PROFESSIONAL RELATIONSHIP (INCLUDING, WITHOUT LIMITATION, THERAPY OR COACHING) BETWEEN YOU AND ASE OR ITS AGENTS OR PROFESSIONALS. NOR DOES IT CREATE ANY DUTY OF CONFIDENTIALITY OR OTHER DUTIES APPLICABLE TO MENTAL HEALTH PROFESSIONALS.
What to Expect: The Experience will involve listening to music. A short introduction will be followed by the Experience, which will last approximately 6, 12, 20, or 32 minutes. You may choose a guided or self-guided Experience. If at any time you have questions about the Experience or if you experience discomfort or negative emotions, please discontinue the Experience.
Contacting ASE: If you have questions about your Experience, you may contact us at connect@alchemicsonicenvironment.com. Please note that if you contact us, there is no duty of confidentiality, and we may retain such communications.
Social Media Policy: ASE does not post your Experience on any social media. If you agree to be recorded, we may post about the event without sharing any personally identifying information, except for your likeness and images. By agreeing to be recorded, you acknowledge and agree that your likeness may be used and seen in connection with ASE research, social media postings, or other related purposes.
Data Privacy: We may collect your personal identifying information, such as your name and email address. You may also request that we delete your personal information by contacting us at connect@alchemicsonicenvironment.com. We also collect the responses you provide (“Responses”) to our Experience survey, if you choose to participate. Participation in the survey is optional, and you may opt out at any time. We use this data to improve our Experiences and ASE offerings, for research, and to optimize the Experience and other ASE offerings. By responding to the survey, you agree and acknowledge that all Responses become the sole and exclusive property of ASE.
WE DO NOT SELL OR OTHERWISE SHARE YOUR PERSONAL INFORMATION WITH ANY THIRD PARTIES.
Confidentiality: In general, there is no duty of confidentiality between you and ASE. We do strive to keep all your information and responses confidential. However, there may be circumstances where we are required to, or may, share your information, Experience, or Responses. Please feel free to discuss any questions or concerns you have about confidentiality with us at any time. If you have specific legal questions about the laws regarding confidentiality, the exceptions, and how they may relate to your situation, please seek formal legal advice.
Changes in Services or Fees: ASE reserves the right to change the policies, practices, procedures, and fees described in this Agreement. Any updates to this User Agreement shall constitute notice of such changes.
Minors: If you are under 18 years of age, please do not undergo any Experience.
Safety: We strive to provide a safe environment for all. If you have concerns for your safety while in an Experience, please contact 911 or a healthcare or mental health professional. You agree that if you engage in verbal, written, or physical behavior that is threatening to ASE or its agents and employees, we may identify you to the police and report the threatening behavior using your personally identifying information.
RELEASE AND GENERAL WAIVER OF LIABILITY: PLEASE READ CAREFULLY - YOUR RIGHTS MAY BE AFFECTED
This GENERAL RELEASE AND WAIVER OF LIABILITY (this “Release”), entered into as of the date executed below, the undersigned individual (“I”, “You”, “My”, “Me”), in favor of ALCHEMIC SONIC ENVIRONMENT, its subsidiaries, parents, agents, members, and employees (collectively, “Releasees”); In consideration of My participation in any Experience, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, for myself and my estate, heirs, administrators, executors, and assigns, hereby release, forever discharge and hold harmless the Releasees from any and all liability and responsibility whatsoever, for any and all damages, claims, demands, or causes of action that I, my estate, heirs, administrators, executors, or assigns may have for any loss, illness, personal injury, death, or damage arising out of, connected with, or in any manner pertaining to my presence, involvement, or participation in the Experience, the Responses, the Materials, including any programs or talks contained therein by Releasees or by third parties affiliated with the Experience, whether caused by negligence of the Releasees, accident, omissions or otherwise and, including without limitation, any claims based on mental health professional malpractice.
I ACKNOWLEDGE THE EVENT AND SERVICES DO NOT CONSTITUTE MENTAL HEALTH COUNSELLING, ARE NOT THERAPY, AND I AM NOT ENGAGING THE RELEASEES AS MENTAL HEALTH PROFESSIONALS OR THERAPISTS. I FURTHER ACKNOWLEDGE THAT NEITHER MY PARTICIPATION IN THE EVENT NOR ANYTHING HEREIN SHALL CREATE A THERAPEUTIC OR PROFESSIONAL RELATIONSHIP (INCLUDING WITHOUT LIMITATION, THERAPY OR COACHING) BETWEEN MYSELF AND THE RELEASEES, NOR DOES IT CREATE ANY DUTY OF CONFIDENTIALITY OR OTHER DUTIES ON THE RELEASEES APPLICABLE TO MENTAL HEALTH PROFESSIONALS.
My participation in the Event is voluntary and I knowingly and voluntarily assume all risks and responsibility for loss, damage, illness, and personal injury, including mental health, whether caused by negligence of the Releasees, accident, omissions or otherwise. I agree and acknowledge that I am responsible for consulting with my personal physical or mental health professional to confirm my participation in the Experience, and I knowingly accept all risks related thereto. I declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would impair or prevent my use of the ASE offerings and the Experience.
PERSONAL RELEASE: I understand and acknowledge that the Experience is copyrighted material owned by Releasee and may not be recorded by me (including audio or video recording, still photographs, screen captures, or any other recording) for any reason, without the express consent of Releasee, which may be withheld at Releasee’s sole discretion. I acknowledge that my voice may be recorded in connection with the Event. I understand that the Releasees do not maintain any insurance policy covering any circumstance arising from my presence or participation in the Experience. I further acknowledge and agree that motion or still images, photographic or digital portraits, or pictures of me (“Materials”) may be captured in connection with recording the Experience. I hereby grant to ASE and all Releasees the perpetual and irrevocable right and license to capture the Materials. I waive all rights in the Materials, including the right to receive any monetary or other benefit from them, and any right to injunctive relief relating to the Experience or any presentation of the Materials in any format, in perpetuity. I acknowledge and represent that I have read and understand this Agreement and Release; that I sign it voluntarily; and that no oral representations, statements, or inducements have been made. I am at least eighteen (18) years of age and fully competent. I understand that I am giving up substantial rights by signing it and voluntarily agree to be bound by it. I understand that results are individual and may vary, and that if I am dissatisfied with any portion of the Experience or with any of these terms of use, my sole and exclusive remedy is to discontinue participation in the Experience immediately. I expressly agree that this Agreement and Release is intended to be as broad and inclusive as permitted by the laws of the State of New York, and that this Agreement and Release shall be governed by and interpreted in accordance with the laws of the State of New York. In the event any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue to be enforceable.