This agreement outlines the policies, procedures and terms of agreement this course.
Please read it over carefully and feel free to ask any questions.
Parties: This Agreement is between you and Health Psychology Associates, LLC d/b/a The Healthy Change School/REALize Health which provides educational material. As a condition of participating in the course, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference, all as may be amended from time to time in a writing provided to You or disclosed on our website.
Terms of relationship: Educational courses are not group therapy. The course instructor is not entering a therapist/client relationship with you. Therapy is a process in which clients work with a therapist(s) to identify and assess, diagnose and treat/resolve issues that may be causing him/her/them pain or dysfunction over the course of his/her/their lives. In group therapy, clients and therapist(s) work to treat mental health concerns including, for example, depression or anxiety, family discord or conflict, relationship issues, etc. Educational courses, on the other hand, are designed to help people clarify goals, learn information, and identify obstacles to change, as well as provide resources for additional learning. If you are participating in this course and you decide you want to work in individual or group therapy, we can either provide appropriate referrals to local mental health experts or discuss working with you as an individual therapy client, should our caseloads have openings and our clinical expertise align with your needs.
Confidentiality: We value your trust and respect your right to privacy and confidentiality. The Healthy Change School/REALize Health will not disclose or use any of your Confidential Information that we learn of during the course of our work together without your consent. When you sign this Agreement, you understand and agree that “Confidential Information” includes any information you disclose to us while you are participating in the course. It does not include information that (1) is or becomes available to the general public or (2) is already known to us before you disclose it.
Payment and fees. When you sign this agreement, you agree to pay the course fee of $299 in advance using the REALize Health/Kajabi platform for payments. We do not offer a money-back guarantee for the course. You understand and agree that you will not be entitled to a refund for any reason.
Intellectual property: All of our intellectual property, including all written materials, trademarks, and trade secrets, slogans, designs, texts, graphics, images, processes, techniques and procedures, is our sole property (the “Materials”). All Materials we provide to you, whether registered or not, are for your use only and you are not authorized to share, copy, distribute, or otherwise disseminate the Materials without our prior written consent. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use course content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Healthy Change School/REALize Health curriculum or Materials, If you make any changes, suggestions, enhancements or improvements (each, a “Change”) to any of our Materials and own the copyright to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all such Changes prepared by you . You agree to promptly sign and deliver any documents and take any actions that we reasonably requests to establish and perfect the rights assigned to us under this provision. If you are unable or unwilling to sign any further documents necessary to convey the rights set forth in this Agreement, you appoint us as your true and lawful attorney-in-fact with full power of substitution. Your participation in the sessions does not result in a transfer of any intellectual property rights to you. You understand that nothing in this Agreement gives you a license to share, copy, distribute, trade, re-sell or otherwise exploit any Materials for any commercial or non-commercial purpose. You may not transfer or assign this Agreement without our written consent.
The Healthy Change School/REALize Health content is not for resale. Your participation in the Healthy Change School/REALize Health does not entitle you to make any unauthorized use of any Healthy Change School/REALize Health content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Healthy Change School/REALize Health. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
Disclaimers: We believe the Healthy Change School/REALize Health programs help you achieve your goals, but you are solely responsible for your progress and results from the Services. We have made every effort to accurately represent the Services, but ultimately, your participation and commitment to the course is up to you. We make no representations regarding performance other than those specifically written in this Agreement. Because of the nature of the Services, the results experienced by clients vary significantly. You accept responsibility for your own experience. We are not responsible for any decisions you make as a result of the Services, or for any consequences of those decisions. Furthermore, you understand that the course instructor is not entering a therapist-patient or coaching relationship with you at any time. We do not assess, diagnose or treat your conditions. You agree that the Healthy Change School/REALize health has not made any guarantees about the results of you taking any action. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Healthy Change School/REALize Health or otherwise - is no guarantee that you will obtain similar results. Testimonials reflect individual experiences and should not be used as examples of typical experiences or outcomes. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the course. You agree to use good judgment and to conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the course.
Limitation of liability: To the maximum extent allowed by applicable law, you release the Healthy Change School/REALize Health, our owners, employees, associates, representatives, independent contractors and related entities, from any and all risks, foreseeable or unforeseeable, arising out of any transaction between us. We are not liable for any damages of any kind resulting or arising from your use or misuse of course or for any indirect, consequential or special damages in any form. We disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. Without limiting the foregoing, if we are found to be liable for any damages whatsoever, our liability to you or any third party is limited to the total fees you paid us in the twelve-month period prior to the action or event giving rise to liability.
Indemnification: You agree to indemnify and hold harmless the Healthy Change School/REALize Health and our owners, directors, employees, independent contractors, agents, assistants, attorneys and other representatives, as well as any predecessors, successors and affiliates (collectively hereinafter, “us” or “we”) from and against any and all claims, demands, causes of action, judgments, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Loss”) arising out of or incident to, either directly or indirectly, (1) any act or omission arising out of this Agreement, and (2) your gross negligence or willful misconduct. We will retain control over the defense of, and any resolution or settlement relating to, such Loss. You agree to cooperate with us and provide reasonable assistance in defending any such claim.
Mediation, arbitration, applicable law & severability: While we do not predict any disputes or difficulties to arise, we will attempt to resolve any dispute that does occur in connection with this Agreement on an amicable basis, through our prompt, good faith discussions and non-binding mediation. Any dispute that we cannot resolve ourselves will be determined by final and binding arbitration in Maryland or
Washington, DC, before a sole arbitrator who will award attorneys’ fees and other costs to the substantially prevailing party. The arbitration award will be in writing and will specify the factual and legal bases for the award. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding anything in this Agreement to the contrary, if either party initiates arbitration before mediation, that party will be responsible for the other party’s attorneys’ fees and costs of arbitration. If any part of this Agreement is invalid or unenforceable or in conflict with the law of any controlling jurisdiction, that provision will be severed from this Agreement and the validity of the remaining provisions will not be affected.
Term: This Agreement shall govern your participation in The Healthy Change School/REALize Health services unless and until the parties enter into a new agreement.
Entire Agreement; No Waiver; Conclusion: This Agreement has all of the terms of our relationship. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by a written agreement signed by you and The Healthy Change School/REALize Health. The waiver by either party of a breach or violation of any provision of this Agreement does not constitute a waiver of any subsequent or other breach or violation. The provisions of the following Sections will survive termination or expiration of this Agreement for any reason: Confidentiality, Payment and fees, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Mediation, arbitration, applicable law & severability and Conclusion.
By participating in the course, you agree that you have had all of your questions answered to your satisfaction, and that you understand and are agreeing to the terms of this agreement. To your health!
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