Weekend Seminar Participant Agreement
Participation Agreement
CALIFORNIA SCHOOL OF NLP & HYPNOSIS/CLOUGH GROUP LLC
At Contracted Training Facilities
PLEASE READ THE TERMS AND CONDITIONS LISTED BELOW CAREFULLY. YOU MAY ONLY ENTER THE ROOM WHERE THE EVENT IS BEING HELD IF YOU FULLY ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.
These Terms and Conditions apply to any California School of NLP & Hypnosis training Activities (all scheduled activities by the Company during the event) purchased from The Company (“Clough Group LLC” or “Company”) and govern the contractual relationship between you (“You”, “I” or “Student”) and Joseph and Melissa Clough with The Company with respect to any such Activities.
PARTICIPATION
I understand that the information contained and presented during this event is useful in creating rapid and lasting changes in my life and others’ and do hereby agree to use the information only for the purpose of self-development.
I understand this event includes loud music at times and steps are taken to ensure that we keep noise exposure to a level that is reasonably practicable; if that should cause me any distress, I will leave the room.
I further acknowledge that I am a healthy individual and am physically and psychologically fit to fully participate in this event. I know of no reason, nor have I been informed by my doctor or psychologist of any reason why my participation in this event would do me harm of any nature. If this does not accurately reflect my situation, I agree that I will notify one of the Company training representatives prior to commencement of the event.
I understand that although this event may raise emotional issues, it is not intended to provide a therapeutic environment or be a substitute for ongoing medical advice from a qualified medical practitioner, counseling, or psychotherapy, and that any unresolved issues that may surface, and which will may warrant medical treatment, counseling, or psychology; will be at my own risk.
I understand that neither The Company or any of its representatives, including Joseph or Melissa Clough or their staff will be making any judgement as to my fitness to participate in this event. However, if for any reason Joseph or Melissa Clough or their staff requests me to leave the event, I will do so immediately without question or discussion, and without a refund.
I understand that the Company reserves the right at any time to ask me to leave the training if the instructor feels that I pose a risk to the physical safety to the instructor or other students, or my behavior is considered disruptive, or if I am compromising the learning process of the group. Under such circumstances, I understand I will only be given a partial refund of 20% of the total registration fee at the sole discretion of the Company.
I understand that the Company reserves the right to ask me to leave the program if I am found plagiarizing, if my behavior is disruptive, inappropriate, negatively impacting other students learning, unethical or violates the ABNLP or American Board of Hypnotherapy ethical guidelines. Under such circumstances, I understand I will not be refunded my tuition.
I understand that Students are responsible for assessing their own suitability and capability to participate in a Program. All Students should consult their physician regarding their physical fitness level, mental status and any other special conditions they may be working with. It is the Student’s responsibility to assess the risks and requirements of each Program.
I understand that by registering for a California School of NLP & Hypnosis Certification program, I certify that I understand that the Company reserves the right to accept or reject any Student as a participant; to expel any participant from the Activity; to make changes to the program whenever the Company deems it necessary for the comfort, convenience, or safety of the Students.
I understand that I must report any disability requiring special attention at the time the reservation is made. The Company will make reasonable attempts to accommodate the special needs of disabled participants, but is not responsible in the event it is unable to do so nor responsible for any denial of services by air carriers, hotels, partners, or other independent suppliers. Some locations and most activities require standing, sitting or walking, sometimes on unpaved or cobblestone streets for numerous hours each day. The Company is not responsible for any missed activities due to a participant's inability to participate with the group. Most transportation services and venues are not equipped with wheelchair ramps. The Company will endeavor to accommodate the special requests of Students, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Student and The Company and The Company is not liable for any failure to accommodate or fulfill such requests..
ATTENDANCE, TARDINESS, AND CERTIFICATION
If I am enrolled in any certification program, including weekend seminar certifications, I understand that I must attend the entire training and ALL hours of the program in order to receive a certification of completion.
I also agree to attend all sessions on time, out of respect and courtesy for my fellow classmates and trainers.
PHOTOGRAPHY AND VIDEOGRAPHY RELEASE
I understand that portions of this event may be photographed, and recorded on video or audio tape. I understand that my likeness may appear on photographs and or my voice and/or image may appear on video/audio tapes, and I agree that no compensation will be paid to me for any use made of these photographs and audio/video recordings. I waive all rights I may be entitled to over such images or recordings.
AGE REQUIREMENT
I understand that I must be at least 13 years old to attend any weekend seminars by the Company. If I am between 13 and 18 years of age, it is required that I provide written consent from my legal guardian before the start of the training.
CHANGES
The Company reserves the right to change, alter, or amend the daily itinerary/curriculum for each training at any time. Changes can be made for various reasons including changes in location or teacher/trainer. Any partner locations listed on each training are intended to be used for that training; however venues are not guaranteed. The Company reserves the right to substitute other venues, as needed. No refunds are provided for venue changes; full cancellation penalties as stated below continue to apply. The Company will make its best efforts to communicate these changes to me as soon as they can.
PRICING, DEPOSITS AND CANCELLATION POLICY
Your payment is due in full by early registration date in order to receive early bird discounted rate. After the early bird window has ended, per the terms on the Registration Page, full payment is required before the start of the program to reserve your space, unless otherwise stated. Please note that due to limited availability, if you cancel within 30 days before the start of the program or do not attend the program, you will forfeit your entire registration fee and will not be refunded, due to our inability to fill any canceled spots that could have otherwise been available to someone else. These fees are non-refundable and non-transferable.
I also understand that if I cancel my enrollment, access to any online bonus courses and audio programs will be revoked. I also understand that I am to return all manuals and training materials by mail to The Company, in which you will be responsible for all shipping costs.
I understand that if I am on an automatic payment plan and cancel my training within 30 days of the start of my program, I will continue to be charged the monthly rate for my tuition, as within the 30 days to the start of the program, my entire tuition is non-refundable.
On the rare occasions when The Company needs to cancel a training, a refund will be provided, however, The Company is not responsible for any costs incurred for travel arrangements or accommodations related to any event. It is your responsibility to purchase travel insurance to protect yourself from any loss due to program cancellations, changes or weather delays. We will not, under any circumstance, reimburse you for airfare or ground transfer expenses.
RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
I understand that The Company is here to serve me by sharing knowledge of NLP, Hypnosis, and TimeLine Therapy™ and any related activities to promote positive thinking and freedom from emotional blocks (“Program Activities”). In connection with my participation in the Program Activities, I understand, acknowledge and agree as follows:
Participation in the Program Activities is completely voluntary and it is solely my decision to participate in such activities.
The practice of Hypnosis, NLP, and TimeLine Therapy™ involves being in a state of "trance" or deep relaxation, utilizing Neurolinguistic Programming, and Time Line Therapy™ methods. I understand that I am fully in control of being in a state of trance, that I cannot be forced to believe or behave in any way that I do not wish, and that I can disengage from hypnosis at any time.
I understand that the methods rendered by the instructors and student practice are non-therapeutic hypnotism, defined as the use of hypnosis to inculcate positive thinking and the capacity for self-hypnosis. I also understand that consent to Program Activities involves being in a state of trance, utilizing Neurolinguistic Programming, and Time Line Therapy™ methods.
I also understand that The Company does not represent their services and training as any form of health care or psychotherapy, and despite research to the contrary, by law, The Company makes no health benefit claims for their services, and forbids any graduate from the California School of NLP & Hypnosis to do so.
Further, I agree that hypnosis provides tools for self-improvement and is not a replacement for medical treatment or psychiatric care; thus should be considered as supplemental and complimentary to such conventional treatments. I understand that The Company does not guarantee successful results and the effectiveness of hypnosis varies by individual. Any decisions I make having received any hypnosis by The Company and participants in the California School of NLP & Hypnosis are my own and I remain wholly responsible for any decisions or actions that I take.
I also understand that my time in the program is for learning techniques and methods to empower others, as well as gain a deep sense of self-understanding. However, it is not an appropriate time to resolve my own issues or utilize training time for personal coaching. I understand that doing so is disruptive to the learning experience of others, and I may be dismissed from the program, without a refund.
The practice of NLP, Hypnosis, and TimeLine Therapy (tm) involves sitting for long periods of time, and sometimes physical movement, and that such practice may carry some risk of injury. I am qualified, in good mental health and in proper physical condition to participate in the Program Activities. I understand that I must judge my own capabilities with respect to practicing the methods taught and will only participate in the appropriate level of classes that are within my limits and capabilities. I acknowledge that it is my sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Program Activities. If I am pregnant, I shall only participate in the Program Activities after I have discussed the potential risks with my obstetrician. I shall follow my obstetrician’s advice and instructions about whether and to what extent I can participate in the Program Activities. I agree that I (and my spouse/partner, heirs, and guardians) will hold Releasees harmless for any possible injury to myself, my spouse/partner, heirs, guardians and/or my child/fetus.
If I believe any conditions are unsafe, I will immediately discontinue participation in the Program Activities.
It is my responsibility to inform the instructor immediately if an injury occurs in connection with the Program Activities.
That participation in any program involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions or those of others participating in the Program Activities. I am voluntarily participating in the Program Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that I suffer resulting from the acts of anyone at, or acting on behalf of, The Company.
As consideration for my being permitted to participate in the Program Activities, I (and my spouse/partner, heirs, guardians, and legal representatives) release The Company, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Program Activities take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of my voluntary decision to participate in the Program Activities including the use of any equipment or the facilities. I further agree that, I (and my spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of The Company or Releasees for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of The Company as a result of my participation in the Program Activities. If I, or anyone acting on my behalf, make a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which may incur as a result of such claim.
In connection with my participation in the Program Activities, I agree to abide by any reasonable rules and policies of The Company.
The Company reserves the right to deny an individual’s participation in the Program Activities based upon legitimate reasons such as an individual’s failure to follow any specified procedures.
Registration fees and payment for tuition for classes are non-refundable.
Assignment-This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Company without restriction.
Indemnification- YOU will, at your own expense, defend, indemnify, and hold The Company, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
Both parties agree to each defend and hold harmless the other from any and all liability arising out of negligence, whether it be sole or in concert with others, in connection with the performance of the services described herein.
Survival-If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
The Company IS NOT LIABLE FOR ITS THIRD PARTY SUPPLIERS
The Company makes arrangements with accommodation providers, activity providers, and other independent parties (“Third Party Suppliers”) to provide you with your program. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of services that form part of the program. Although The Company takes all reasonable care in selecting Third Party Suppliers, The Company is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Student acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and The Company does not warrant that any Third Party Supplier is in compliance with the laws of the Client's country of residence, or any other jurisdiction.
The Company IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN The Company AND ITS EMPLOYEES.
DISPUTE RESOLUTION
If the Student has a complaint, he/she should first inform The Company during the training/workshop so that The Company can attempt to rectify the matter. If the Student is still dissatisfied, he/she should submit the complaint in writing to The Company within 30 days of the completion of the program.
Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning the program, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by California law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in California under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in California using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published tuition cost of the program with The Company. This Agreement to arbitrate does not waive or modify any liability release agreed by the Student. Arbitration against The Company must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.
No person, other than an authorized representative of The Company by a document in writing, is authorized to vary, add, or waive any term or condition, including any term or condition set forth in the preceding provisions.
I have carefully read, fully understand and agree to the above. If I am under 18 years of age, I must provide a letter of permission signed by my parents to The Company 30 days prior to the start of my training.
By registering for this program, I agree to all of the above terms and conditions and use of privacy.
COPYRIGHT
I understand that all California School of NLP & Hypnosis Training materials are under copyright protection and cannot be reproduced by me without the permission of the author. The Company will take all necessary action to enforce its copyrights within the law.
ACKNOWLEDGEMENT
I acknowledge that I have carefully read and understood this agreement. I agree to release, indemnify and hold harmless Clough Trainings and Joseph & Melissa Clough or their staff, their representatives and employees for any loss or damage I may suffer in any way associated with my participation in this event.
BY ENTERING THE ROOM WHERE THIS EVENT IS BEING HELD, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF ATTENDANCE SHOWN ABOVE. If you DO NOT agree to the terms & conditions above, return your training materials to a Company representative or Joseph or Melissa Clough and leave the venue now.
