In consideration of the services provided by Integrated Body Mind Therapy, Inc. d/b/a Maiberger Institute (hereinafter “MI”), and to participate in a Somatic EMDR Workshop (“Workshop” or “Workshops”) on the date(s) and at the location(s) chosen on MI’s website, you (hereinafter “You/Your” or “Participant”) agree to the terms and conditions and eligibility requirements set forth herein in this Participant Agreement, including the RELEASE AND WAIVER OF LIABILITY AND ARBITRATION PROVISIONS (“Agreement’). By clicking Your acceptance of these terms and conditions to participate in the Workshop, You irrevocably agree that this Agreement automatically becomes a binding agreement between You and MI and that You have read, agree to, and accept all of the terms and conditions contained in this Agreement.
Information such as location, dates, rates, discounts, times, etc. regarding the Somatic EMDR Workshop can be found on the Registration Page of each Workshop. Access to the Registration Pages can be found on the EMDR Events Calendar web page on the MI website.
1. Eligibility Requirements for Somatic EMDR Workshops
All Participants must meet the minimum eligibility requirements detailed below for Somatic EMDR Workshops to participate. You explicitly agree and acknowledge that You meet the following eligibility requirements outlined below and will provide the required documentation to MI.
If You are found to be ineligible after registration and payment is provided, Your seat and registration may be automatically cancelled due to ineligibility in MI’s sole discretion, and You will be refunded Your registration payment, minus a non-refundable and non-transferrable $90 Administrative Fee.
A.To meet the eligibility requirements for a Somatic EMDR Workshop, You agree You meet the following criteria prior to enrollment in the Workshop:
i. Full Completion of an EMDRIA Approved EMDR Training Program
ii. Receipt of an EMDR Training “Certificate of Completion”, which must show that You have completed Part 1 and Part 2 and at least 10 hours of consultation (50 hours total).
B. If You comply with the above eligibility requirements for the Workshop, please send a scanned comply of the Your “Certificate of Completion” to [email protected] with the Subject: “Eligibility Requirement for Somatic EMDR Workshops – [insert name of workshop]”
C. Depending on the information You provide, MI may request additional information from You.
D. MI has full discretion to determine Your eligibility and ability to participate and may accept or deny Your participation in the Workshop in its full and absolute discretion.
A.You may cancel Your registration at any time for any reason. All requests for cancellation must be made by You in writing, and confirmed by MI in writing, and only through the email You used to register for the
B. If You cancel Your registration before the start date of a Workshop, or You are found to be ineligible in MI’s sole discretion, Your seat and registration will be cancelled, and Your payment will be refunded, minus a non-refundable and non-transferrable $90 Administrative Fee. If you are entitled to a refund, it can only be provided by the original means paid, and to the original payee.
C. No refunds are provided when cancellation by You occurs on or after the start date of Workshop.
D. MI may cancel Your participation in the Workshop at any time for breach of this Agreement (including the Code of Conduct), the terms herein, or any other misrepresentation or failure to comply with any terms included herein or on MI’s website with no refund.
E. If the scheduled Workshop is cancelled by MI due to no cause by You, You will be notified, and a full refund will be provided to You.
F. Failure to Show Up.
i. If You have not checked by start time of Workshop, You will be considered a “No Show,” and Your seat, registration and credits will be cancelled without refund.
ii. If You cannot (or choose not to) complete the Workshop in its entirety as scheduled, You will be considered a “No Show,” and Your seat, registration and credits will be cancelled without refund.
G. MI is not liable for any damages or refund for any expenses, including travel or otherwise, due to any cancellations hereunder.
Seats, registrations, payments, fees, credits, and hours cannot be transferred to other workshops, or to other persons after registration and payment is received by the Maiberger Institute.
4. Code of Conduct
A. To Participate in the Workshop, You agree to the following policies:
i. to conduct Yourself in a professional and ethical manner during the Workshop.
ii. To not record any Workshop sessions by electronic devices (audio/video or otherwise).
iii. To not hinder, obstruct, or otherwise impair MI’s instructions, leadership, or other participants.
iv. To not be disruptive or difficult to work with.
v. To not solicit other participants in the Workshop.
vi. To help MI create a supportive environment during Workshop regardless of an individual’s sexual orientation, nationality, disability, gender identity, race, ethnicity, culture, or religion, and not to engage in discriminatory behavior at any time.
B. MI reserves the right to request that You leave the Workshop if You violate this Code of Conduct, or do not act in a professional or ethical manner, as determined in MI’s sole and absolute discretion, and Your registration in the Workshop will be cancelled with no refunds.
5. Participant Expectations
A. You agree and acknowledge that this is a professional Workshop, which includes practice sessions during the Workshop, and professional growth related to trauma healing. You also acknowledge that You have a choice about the level of participation at all times, and that although personal material or nervous system activation may arise for You within the context of the Workshop, the Workshop is NOT therapy, and You are responsible for Your own well-being. If You feel the need for therapy arises, You are responsible for taking appropriate action to retain therapy outside of the Workshop.
B. You acknowledge and agree that if during the Workshop, dreams, memories, flashbacks, or other feelings arise, it is Your responsibility to take appropriate action to deal with these occurrences, including asking the trainer for assistance.
C. You agree and acknowledge that touch may be used as a part of the Workshop, but it will always be with Your permission, which may be withdrawn at any time and will never be of a sexual nature. If You have any concerns or issues arise during the Workshop, please immediately notify your trainer(s) to address the issue.
D. You agree and acknowledge that if You volunteer for a demonstration in front of the class, You have a choice about the level of Your participation at all times and can stop the demonstration at any time. You will take responsibility for picking appropriate material to process and the trainer has the right to stop the demonstration at any point for any reason.
All client names and personally identifiably information disclosed by any participant in the Workshop as a part of the workshop exercises or group discussions or demonstrations shall be kept confidential at all times, including after the Workshop has ended. However, MI cannot guarantee the confidentiality of any information disclosed by You before, during or after the Workshop. MI disclaims all liability and You agree to hold MI harmless and discharge MI of all liability for any claims related to disclosure of any of your personal information.
7. Assumption of the Risk
If You have any medical conditions that would impact Your ability in any way to participate in the Workshop, it is Your responsibility to not participate in the Workshop, remove Yourself from the Workshop, or inform the trainer or MI before the Workshop begins. This includes, but is not limited to, pregnancy, heart conditions, emotional distress, ocular difficulties, or migraines. You understand and agree that Your attendance at the Workshop and participation in any activities offered is completely voluntary in nature and may involve some degree of risk and danger, depending on the type of activity and the amount of movement and Workshop involved, including but not limited slips, trips, or falls during use of the facilities or in connection with the Workshop, or relying on other persons besides MI to assist You in any way during the Workshop. You certify that You are in good health and that You know of no physical, mental, health-related, or other reason why You would be incapable of participating in any activities during the Workshop.
8. Release and Waiver of Liability
In full consideration of all risks and in full consideration of the fact that You are willingly and voluntarily participating in the Workshop, You hereby, for Yourself, Your heirs, executors, administrations, assigns, or personal representatives, knowingly and voluntarily WAIVE, RELEASE, REMISE, and DISCHARGE MI of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, the Workshop or Your participation in the Workshop, exercises, demonstrations or any other MI-sponsored programs. Such waiver and release does not apply to MI’s willful misconduct or grossly negligent acts. To the extent any liability is found, MI’s aggregate liability for any claims will not exceed the amount paid by You to MI. This limitation of liability will apply to the maximum extent permitted by applicable laws and notwithstanding the failure of any limited remedy. In no event will MI have liability under this Agreement to You or any third party for any special, incidental, consequential, punitive or indirect damages of any kind based on any claim or legal theory, including but not limited to, lost profits, loss of use, or cost of substitute services.
You, individually, and on behalf of Your respective heirs, successors, assigns, and personal representatives, agree to indemnify, defend, and hold harmless MI from and against any loss, damage, liability or cost(including all reasonable attorneys’ fees), including but not limited to bodily injury or property damage, whatsoever, that may occur as a result or arising out of Your presence or participation in the Workshop in any way or engaging in any MI sponsored event, activity, discussion, including but not limited to engaging on MI’s website.
10. Governing Law
This Agreement is made in and will be governed by and construed in accordance with the laws of the State of Colorado, without reference to principles of conflict of laws or choice of laws.
11. Dispute Resolution
A. In the event of any controversy or claim arising out of or relating to this Agreement, or a breach thereof, or any participation in any MI events or programs, or any services provided by MI, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules.
B. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Boulder, Colorado. Colorado law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The provisions of this Agreement are intended to be severable. If, for any reason, any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision, as to such jurisdiction, will be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The parties will replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the original provision.
Participation in Workshop is personal to You and is only available to persons over the age of 18. Participation in the Workshop cannot be used by anyone apart from You, and may not be assigned. MI may assign this Agreement without Your consent.
Any notice from You made in relation to this Agreement will be deemed sufficient if made in both sent via electronic mail to [email protected] and in writing and deposited in the United States mail, postage prepaid, registered or certified mail or overnight mail, addressed and delivered to the other Party at the address set out below:
4696 Broadway, Suite #3
Boulder, Colorado 80304
The failure of any party at any time to require performance by the other of this Agreement will in no way affect that party’s right to enforce such provision, nor will the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision or any other provision.
16. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to all matters contained in this Agreement, and supersedes all oral or written agreements or understandings between the parties on the matters contained in this Agreement. No modifica tion, addition, waiver or cancellation of any provision of this Agreement will be valid except by a writing signed by both parties.
17. Surviving Provisions
The following Sections will survive the termination of this Agreement for any reason: “Confidentiality;” “Indemnification,” “Release and Waiver of Liability,” “Severability,” and “Governing Law;” and “Dispute Resolution.”