CENTER FOR HEALTH AND WELLNESS COACHES MIND-BODY SKILLS GROUP PARTICIPANT AGREEMENT

 

This Mind-Body Skill Group (the “Group”) Participant Agreement (this “Agreement”) is made by and between Sukhayu Wellness LLC^®, doing business as Center for Health and Wellness Coaches, a Delaware limited liability company (the “Company”), and the participant identified on the signature page hereto (the “Participant”). By signing up for or attending the Group, you agree to be bound by the terms and conditions of this Agreement.

1. Services.

1.1       Mind-Body Skills Groups. The Company organizes and facilitates mind-body skills groups that are educational, supportive groups that offer participants an opportunity to learn and experience evidence-based techniques that they can use to enhance their own health, promote healing, and cultivate wellness (the “Services”). These groups have been developed over the last few decades according to a model created by the Center for Mind Body Medicine’s founder and executive director, James Gordon, M.D., and the senior faculty of the Center for Mind-body Medicine.

The Participant will be taught evidence-based mind-body skills that have been researched to reduce stress and enhance health, well-being, and resiliency. These experiential and integrated techniques, such as meditation, guided imagery, autogenic training, breath work, movement, self-expression, and other approaches, are taught in a supportive environment. Sharing and connecting with others creates a positive learning and growth environment that supports individual and collective well-being.

1.2       Group Format. Mind-body skills groups are small to emphasize a sense of community. The group meets weekly for a set duration over the course of a few weeks. This format allows participants to apply the skills they will learn into their everyday life, in a real and practical way, with group support. The group is led by one or more experienced facilitators who have completed the Center for Mind Body Medicine’s professional and advanced trainings in mind-body medicine (collectively, the “Facilitator”).

1.3       What this Group is Not. This is not a therapy, psychotherapy, counseling, mental health, or substance abuse group, and the Facilitator does not function as a therapist, psychologist, psychiatrist, counsellor, 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 with the Facilitator as an equal member.

 

2. Participant Responsibilities.

2.1       Commitment. In order for the Participant to gain maximum benefits from the techniques being taught, commitment and consistency are essential as each individual is an integral member of the group. Each participant joins the group with the commitment to attend all the mind-body skills group sessions. No make-up sessions will be held and, due to the confidential nature of the group, group sessions will not be recorded. The Participant must notify the Facilitator if they need to join late, need to leave early, or need to miss a session unexpectedly. If Participant is unable to attend a group session, Participant must notify the Facilitator by phone, email, or text message prior to the start of the group session. If Participant misses two (2) group sessions, Participant must disclose to the Facilitator the reason for Participant’s absence. Facilitator and Participant will then discuss what is in the best interest of Participant and the group, as Participant may find difficulty in feeling a part of the group which is an integral element of the group model. Facilitator or Participant may determine that it is in everyone’s best interest that Participant no longer attend the group sessions. If Participant misses more than three (3) group sessions, Participant will no longer be permitted to attend the group sessions and will forfeit all payment.

2.2       Mutual Respect. To ensure that all group members feel comfortable sharing their genuine thoughts and feelings within the group, Participant shall treat other members with courtesy, respect, and dignity. Treating others with kindness and compassion promotes individual and collective well-being. 

2.3       Confidentiality. So that the Facilitator may create a safe and supportive environment within the group, all group members are requested to keep all information shared by members of the group 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 group sessions is strictly prohibited.

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 Facilitator. Participant is solely responsible for any injury or adverse outcome resulting from involvement in the group sessions. When engaging in mind-body skills groups, strong unexpected or suppressed emotions or memories may arise and Participant may have unexpected experiences. Participant is 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 Facilitator will not provide medical advice, medical care, treatment, or diagnosis to the participant.

2.5       Continuing Education (CE) Credit. If Participant enrolled in the group for coach continuing education credits, Participant is responsible for completing the Coach Continuing Education Completion Requirements.

In order to obtain a certification of completion, Participant must fulfill the following course requirements:

1. Agree to the mind-body skills group participant agreement.
2. Complete the assigned weekly reading and reflection activities.
3. Join with the intention to attend all eight weekly live sessions.
4. Adhere to the CE Attendance Policy

• NBHWC CE Attendance Policy

  • This course is approved for 14 CE credits by NBHWC.

    Please note in order to receive CE credit, completion of the required reading and attendance and participation in 7 out of 8 live sessions is mandatory.  

    To uphold the integrity and confidentiality of the group, these sessions will not be recorded and no make-up sessions will be given. If a participant joins a session more than 15 minutes late, it will count as a missed session and will not count toward CE credit.

    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 8 CE credits in Core Competencies and 9 CE credits in Resource Development.

    Please note in order to receive CE credit, attendance and participation in 7 out of 8 live sessions is mandatory.  

    To uphold the integrity and confidentiality of the group, these sessions will not be recorded and no make-up sessions will be given. If a participant joins a session more than 15 minutes late, it will count as a missed session and will not count toward CE credit.

    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.  

5. Successfully complete weekly post-live session quizzes by achieving no less than 80% correct. After each live session, learners will receive a 5-question quiz testing their assessment of knowledge learned. 
6. Completion of a self-assessment upon completion of the program. 
7. Completion of a feedback form at the conclusion of the program.

2.6       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 videoconferencing application, and headphones (strongly encouraged).  

2.7       Other Services. If Participant is interested in working with the Facilitator outside the scope of the mind-body skills group, the Participant is encouraged to communicate directly with the Facilitator.

 

3. Payment; Rescheduling.

Participant shall pay in full in advance of performance of the Services. All payments are nonrefundable. 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 group members, at a time and date that works best for the majority of the group members.

 

4. Termination. 

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, Facilitator, and Company (each, a “Recipient”) shall maintain in confidence the Confidential Information (as defined below) of the Participant, Facilitator, Company, and the other members of the mind-body group (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 Facilitator (i) may discuss Confidential Information of Participant with other experienced practitioners who have completed the Center for Mind Body Medicines’ certification program for the sole purpose of caring for the best interest of Participant, and (ii) Participant hereby authorizes Company and Facilitator to disclose 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. DUE TO THE HIGHLY EXPERIENTIAL NATURE OF THE SERVICES AND THE FACT THAT EACH MIND-BODY SKILLS GROUP IS COMPOSED OF UNIQUE INDIVIDUALS, THE COMPANY DOES NOT GUARANTEE PARTICIPANT’S SATISFACTION WITH THE SERVICES OR THAT PARTICIPANT WILL ACHIEVE ANY PARTICULAR RESULT. THE COMPANY MAKES 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. Company does 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 FACILITATOR ARE SOLELY THEIR OWN OPINIONS, ARE NOT THE OPINIONS OF THE COMPANY, AND ARE NOT MEDICAL ADVICE. COMPANY DOES 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 COMPANY WEBSITE 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 COMPANY OR ITS AGENTS IS SOLELY AT PARTICIPANT’S OWN RISK.

            7.3       GROUP MEMBERS. ALL MEMBERS OF THE COMPANY’S MIND-BODY SKILLS GROUPS ARE REQUIRED TO AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT. HOWEVER, Company and Facilitator cannot guarantee that other members of the mind-body SKILLS group will comply with the terms of this AGREEMENT.   

            7.4       DATA STORAGE. Company and Facilitator 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 Company and Facilitator in case of a loss of Participant’s Confidential Information due to such a breach.

 

8. Limitation of Liability.

                        COMPANY’S 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 COMPANY 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 Company 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 Delaware. Any action arising out of or related to this Agreement shall be brought only in the state or federal courts of Delaware. 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 COMPANY 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.