IMAGEWELL & CENTER FOR HEALTH AND WELLNESS COACHES INTEGRATIVE IMAGERY FOR COACHES PARTICIPANT AGREEMENT

 

This Integrative Imagery for Coaches Participant Agreement (this “Agreement”) is made by and between, Imagewell LLC, a California limited liability company, Sukhayu Wellness LLC d/b/a Center for Health and Wellness Coaches, a Delaware limited liability company (the “Companies”), and the participant identified on the signature page hereto (the “Participant”). By signing up for or attending the Integrative Imagery for Coaches Course, you agree to be bound by the terms and conditions of this Agreement.

 

1. Course Description.

 

            1.1       Course Overview. The Integrative Imagery for Coaches course is instructional, interactive, and experiential. This course is specifically designed for coaches and health care professionals who want to use this powerful modality to their coaching and/or healing practice. The first five classes cover the fundamental principles of the Integrative Imagery modality and teach five distinct techniques that can be applied immediately in both personal and professional settings. Each two-hour session consists of one hour of didactic and one hour of demonstration of a specific imagery technique.  The remaining three classes are practicums where students practice a chosen technique with mentor feedback. Each two-hour live session will be recorded and available on the course platform. Participants will have access to all course material for six months. Participants will also have a dyad partner to practice the techniques learned in between class time.

 

 

1.2       Class Format. The course is offered weekly for a set duration. This format allows participants to apply the skills and knowledge they will learn with group support. The group is led by one or more experienced instructors who are professional/certified in integrative imagery (collectively, the “Instructor”). The weekly 2-hour live sessions will be recorded by the Company for Participant access. Participant hereby consents to audio and video recording by the Company, and reproduction and publication of Participant’s audio and video recordings to other Course participants. Participant will have access to the recorded sessions for a set duration.

 

1.3       What this Group is Not. This is not a coaching school, therapy, psychotherapy, counseling, mental health, or substance abuse group, and the Instructor does not function as a therapist, psychologist, psychiatrist, counselor, social worker, or other health service provided in this group, regardless of their qualifications, profession, or professional background. The Services are not, and shall not be construed as, medical advice, diagnosis, or treatment. Additionally, this is not a webinar or drop-in class; it is a supportive educational group.

 

2. Participant Responsibilities.

 

            2.1       Commitment. In order for the Participant to gain maximum benefits from the Course and the techniques being taught, commitment and consistency are essential. The Participant is advised to complete all the coursework and attend or watch all of the sessions. Live participation is encouraged, but not mandatory. No make-up sessions will be held. No refunds or cancellation fees will be provided. If the Participant is no longer able to attend and/or does not complete the required course work, Participant will forfeit all payment.

 

2.2       Mutual Respect. Participant shall treat other members with courtesy, respect, and dignity to promote individual and collective well-being.

 

2.3       Confidentiality. All group members are requested to keep all information shared by the Instructor in strict confidence at all times with no exceptions. If attending an online group session, Participant is responsible for taking part in an environment that is conducive to confidentiality – such as in a private room or with the use of headphones. Recording of sessions by the Participant is strictly prohibited. Recording of the sessions will be by the Company only.  Participant will have access to the recorded sessions for a set duration. Participant is requested not to share the recordings with no exceptions.

 

2.4       Individual Well-Being and Health. Participant may be asked to engage in physical activity, breathwork, and meditation during group sessions. Participant is responsible for gauging Participant’s own ability to safely perform the activities suggested by the Instructor. Participant is solely responsible for any injury or adverse outcome resulting from involvement in the group sessions. When engaging in mind-body skills, strong unexpected or suppressed emotions or memories may arise and Participant may have unexpected experiences. Participantis solely responsible for their own individual well-being and mental, physical, and emotional health. Participant is responsible for building, utilizing, and maintaining his/her own support system, and seeking appropriate professional support, such as a therapist, physician (e.g., psychiatrist), counselor, etc. as needed. The Instructor will not provide medical advice, medical care, treatment, or diagnosis to the participant.

 

2.5       Technical Requirements. Participant is responsible for ensuring that they have the appropriate resources and technical capability to receive the Services. Without limiting the foregoing, some of the resources necessary for the Services include, a reliable high-speed internet connection, the Zoom video conferencing application, and headphones (strongly encouraged). 

 

2.6       Other Services. If Participant is interested in working with the Facilitator(s) outside the scope of the Course, the Participant is encouraged to communicate directly with the Instructor(s).

 

2.7       CE Course Completion Requirements

 

To obtain a certification of completion, participants must fulfill the following course requirements:

1. Agree to the Integrative Imagery for Coaches agreement.
2. Adhere to the CE Attendance Policy as stated below
3. During weeks 1-5, learners must successfully complete five-question post-live session quizzes by obtaining a minimum of 80% correct. 
4. Complete the assigned weekly reading.
5. Complete five dyad activities with your dyad partner by the end of the course. Each participant will be assigned a dyad partner. In-between classes, dyad partners will conduct five practice sessions with each other to practice as both the imagery guide and as the client for each of the five imagery techniques taught during weeks 1-5. Participants will be required to submit a brief reflection regarding their experience as the imagery guide during each dyad session. 
6. Complete five dyad activities with your dyad partner by the end of the course. Each participant will be assigned a dyad partner. In-between classes, dyad partners will conduct five practice sessions for each of the five imagery techniques taught during weeks 1-5. During each session, each person will practice being both the imagery guide and the client for the five techniques: Special Place, Inner Wisdom, Inner Strengths, Parts Work, and Moving Imagery into Action.
7. Complete the course evaluation at the conclusion of the program.

 

NBHWC CE Attendance Policy

• This course is approved for 14 CE credits by NBHWC.
• In order to receive CE credit, completion of the required reading and attendance and participation in 7 out of 8 live sessions is mandatory.  
• All live sessions will be recorded. 
• In the event that you are unable to attend a session, it is mandatory for you to watch the session video recording. After watching the video, you will need to write a 500-word summary and reflection on the content of the missed class. This summary must be submitted to your faculty within seven days of the missed session, unless your faculty has granted permission for an extension.
• If a participant arrives more than 15 minutes late, the session will not count towards CE credit and must be rescheduled. 
• Per NBHWC CE policy, no partial NBHWC CE credit will be given. 

 

ICF CE Attendance Policy

• This course is approved for 17 CE credits by ICF, which includes X CE credits in Core Competencies and Y CE credits in Resource Development.
• In order to receive CE credit, completion of the required reading and attendance and participation in 7 out of 8 live sessions is mandatory.  
• All live sessions will be recorded. In the event that you are unable to attend a session, it is mandatory for you to watch the session video recording. After watching the video, you will need to write a 500-word summary and reflection on the content of the missed class. This summary must be submitted to your faculty within seven days of the missed session, unless your faculty has granted permission for an extension. 
• If a participant arrives more than 15 minutes late, the session will not count towards CE credit and must be rescheduled.
  Per CE policy, partial CE credit can be given for up to 15 CE credits. In order to receive CE credit, completion of the required reading and attendance and participation in 7 out of 8 live sessions is mandatory.  

 

3. Payment. Participant shall pay in full in advance of participation. All payments are non-refundable. In the event Participant cannot attend, Participant must notify the Companies by emailing us at [email protected] by the course start date. Credit in the amount of course tuition may be applied to an Integrative Imagery for Coaches course offered by the Center for Health and Wellness Coaches within 12 months. Any credit not applied to a future course within 12 months will be forfeited. Space is limited and considerable time and effort go into creating the group and preparing for each session. If Participant is asked not to attend group sessions due to failure to adhere to the Participant Responsibilities under Section 2 above, Participant will not be entitled to a refund. In the rare event that Facilitator must cancel a group session, the session will be rescheduled at the discretion of the Facilitator, in consultation with the course participants at a time and date that works best for the majority of the participants.

 

4. Termination; Survival.

 

This Agreement may be terminated by either party at any time. The provisions of this Agreement which require or contemplate performance after termination, including without limitation Sections 5, 6, 7, 8, and 9, will be enforceable notwithstanding termination.

 

5. Intellectual Property.

 

Participant agrees that all processes, policies, innovations, including any and all Company materials, course information, and data, any course preparation materials, program structures, session designs, inventions, technology, written or electronic educational plans, improvements, developments, methods, designs, analyses, trademarks, service marks, and other indicia of origin, writings, audiovisual works, concepts, drawings, reports and all similar, related, or derivative information or works (whether or not patentable or subject to copyright), including but not limited to all patents, copyrights, copyright registrations, trademarks, and trademark registrations in and to any of the foregoing, along with the right to practice, employ, exploit, use, develop, reproduce, copy, distribute copies, publish, license, or create works derivative of any of the foregoing, and the right to choose not to do or permit any of the aforementioned actions, which relate to Company’s actual or anticipated business, research and development or existing or future services (collectively, the “Intellectual Property”) shall be owned by Company (or its licensors, as applicable) and Company (or its licensors, as applicable) is the sole owner of all rights, title, and interests in the Intellectual Property. All other rights to any new Intellectual Property and all rights to any existing Intellectual Property, including but not limited to all of Participant’s rights to any copyrights or copyright registrations related thereto, are conveyed, assigned, and transferred to Company pursuant to this Agreement.

 

6. Confidentiality.

 

6.1       Each of Participant, Instructor, and Companies (each, a “Recipient”) shall maintain in confidence the Confidential Information (as defined below) of the Participant, Instructor, Companies, and the other members of the NBHWC Exam Review Course (the “Disclosing Party”). Recipient agrees not to use the Confidential Information for any purpose or make the Confidential Information available to third parties, except as expressly authorized in writing by the Disclosing Party. Recipient shall use the same degree of care to avoid unauthorized disclosure of the Confidential Information as it employs with respect to its own confidential/proprietary information of like quality and nature but no less than a reasonable standard of care. Recording of group sessions is strictly prohibited.

 

6.2       “Confidential Information” means: (i) all personal information of or related to the Disclosing Party disclosed during, in preparation for, or in relation to, provision of the Services; (ii) the Intellectual Property; and (iii) any information designated or marked “Proprietary/Confidential Information” by the Disclosing Party. Unless otherwise specifically agreed in writing, Confidential Information does not include: (i) any information that is reasonably available to or known by the Recipient without obligation of confidentiality; (ii) any information that becomes generally known by or available through no fault or wrongdoing of the Recipient; (iii) any information independently developed by Recipient, provided Recipient can show that such development was accomplished without the use of or reference to the Confidential Information; (iv) any information that is published by the Disclosing Party in writing; or (iv) any information that is disclosed pursuant to any law or judicial or governmental requirement or order.

 

6.3       Notwithstanding the foregoing confidentiality obligation, the Instructor (i) may discuss Confidential Information of Participant if Participant expresses any intent to harm him/herself or someone else, and to seek emergency medical assistance on the Participant’s behalf by calling 9-1-1. Participant shall remain solely responsible for obtaining appropriate medical care for their situation and for paying all costs and expenses thereof.

 

7. Disclaimers.

 

            7.1       GENERAL. THE COMPANIES DO NOT GUARANTEE PARTICIPANT’S SATISFACTION WITH THE SERVICES OR THAT PARTICIPANT WILL ACHIEVE ANY PARTICULAR RESULT. THE COMPANIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

            7.2       NO MEDICAL ADVICE. COMPANIES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE CONTENTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, AUDIO, VIDEO, AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ANY OPINIONS EXPRESSED BY THE INSTRUCTOR ARE SOLELY THEIR OWN OPINIONS, ARE NOT THE OPINIONS OF THE COMPANIES, AND ARE NOT MEDICAL ADVICE. THE COMPANIES DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED DURING THE PROVISION OF THE SERVICES OR ON THE COMPANIES WEBSITES OR SOCIAL MEDIA CHANNELS. PARTICIPANT SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED PHYSICIAN WITH ANY QUESTIONS PARTICIPANT MAY HAVE REGARDING A MEDICAL CONDITION. RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANIES OR ITS AGENTS IS SOLELY AT PARTICIPANT’S OWN RISK.

 

            7.3       PARTICIPANTS. ALL PARTICIPANTS OF THE COMPANIES’ NBHWC EXAM REVIEW COURSE  ARE REQUIRED TO AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT.

 

            7.4       DATA STORAGE. THE COMPANIES AND INSTRUCTOR TAKE REASONABLE SECURITY MEASURES TO ELECTRONICALLY STORE PARTICIPANT INFORMATION. HOWEVER, NO SYSTEM IS COMPLETELY SECURE AND THERE IS ALWAYS A POSSIBILITY OF A DATA BREACH. PARTICIPANT HEREBY ACCEPTS THE RISK THAT A DATA BREACH IS POSSIBLE AND AGREES TO HOLD HARMLESS THE COMPANIES AND INSTRUCTOR IN CASE OF A LOSS OF PARTICIPANT’S CONFIDENTIAL INFORMATION DUE TO SUCH A BREACH.

 

8. Limitation of Liability.

 

THE COMPANIES’ LIABILITY TO PARTICIPANT ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES AND SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY PARTICIPANT TO COMPANY FOR THE SERVICES. IN NO EVENT SHALL THE COMPANIES BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR GOOD WILL) RELATED TO THIS AGREEMENT OR RESULTING FROM PARTICIPANT’S USE OR INABILITY TO USE THE SERVICES, OR ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, INCLUDING CONTRACT, WARRANTY, TORT, STRICT LIABILITY, INDEMNITY, OR NEGLIGENCE, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

 

9. Indemnification.

 

Participant agrees to defend, indemnify, and hold harmless the Companies and its directors, officers, employees, agents, members, managers, and affiliates from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney‘s fees and costs), involving a third party claim, which arise out of, relate to, or result from Participant’s breach of any covenant, obligation, or duty under this Agreement or under applicable law.

 

 

10. General.

 

10.1     Governing Law; Jurisdiction; Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of New York. Any action arising out of or related to this Agreement shall be brought only in the state or federal courts of New York. The parties hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. PARTICIPANT AND COMPANIES EACH HEREBY IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES.

 

10.2     Waiver.  No failure or delay by either party in exercising any right, power, or remedy under this Agreement will operate as a waiver of any such right, power or remedy.  No waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.  Any waiver by either party of any provision of this Agreement will not be construed as a waiver of any other provision of this Agreement, nor will such waiver operate as or be construed as a waiver of such provision respecting any future event or circumstance.

               

10.3     Counterparts. This Agreement may be executed by facsimile, portable document format (.pdf) or other electronic signature pages and in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any counterpart hereof shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

 

10.4     Severability. If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from this Agreement, and such court will replace such illegal, void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of this Agreement shall be enforceable in accordance with its terms.

 

10.5     Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties relating to the subject matter of this Agreement and supersedes and cancels all previous written and oral agreements, communications, and other understandings.