Terms and Agreement for Institute for Birth Healing Course Training
As a condition of admission to and participation in this class (the “Training”) described above and organized by Lynn Schulte, PT of Institute for Birth Healing, Inc. (Organizer) (Participant and Organizer are sometimes referred to as the “Parties”). Participant understands and agrees to all of the following:
1. I am receiving training techniques to treat pregnant and postpartum clients. I will apply these techniques with respect to my clients.
2. I understand that I will receive instruction in rehabilitation techniques that are not generally known and that I will be provided access to instructional materials (text and video) that are protected by the U.S. and international copyright laws (“Information and Materials”). The Information and Materials are proprietary to Organizer and are not to be used or taught in any manner without prior written consent from the Organizer. Any permitted mentioning of the common birth pattern of the pelvis learned in this course should be accompanied by attribution to Lynn Schulte, PT, and the Institute For Birth Healing, Inc.
3. I represent and warrant that I am a currently licensed and appropriately qualified professional who is authorized to conduct the type of pelvic care work taught in this Training, and have suitable liability insurance to participate in the training and to practice it with clients. I understand and agree that it is my sole responsibility to seek guidance from my licensing board to determine whether the work discussed in this Training is within my scope of practice and to comply with all rules and regulations of my licensing board and any other regulating body. I am solely responsible to understand and remain within the boundaries of my own professional training, license, and scope of practice while applying what is taught in this Training and will seek all necessary permission and if needed, extended training. At all times Participant shall indemnify Organizer, and hold Organizer and her licensees and assigns harmless against all third-party claims settled by Organizer or reduced to judgment, including all court costs and reasonable attorneys’ fees and expenses, provided the basis of such claim or judgment constitutes a breach of any of the foregoing warranties and representations.
4. The organizer disclaims any representation or warranty that the Training will comply with the requirements of any licensing board.
5. I understand the nature of the Training and acknowledge that I am qualified to participate and voluntarily agree to participate in the Training. If activities or instruction in the Training are outside of my comfort zone or professional work, I understand I am solely responsible to discontinue further participation.
6. By signing/ checking the box below, I hereby release, discharge, covenant not to sue and agree to hold harmless Lynn Schulte, PT and Institute for Birth Healing, Inc. and it’s respective members, successors, agents, volunteers, employees, other participants, the owners and operators of the premises on which the Training is conducted, and all of their heirs and assigns (each considered one of the “Released Parties” herein) from all liability, claims, demands, losses, or damages on account caused or alleged in whole or in part by the negligent act or omission of the Released Parties in connection with the Training and my practice of the techniques discussed in this training, and further agree that if despite this release, I or anyone on my behalf makes a claim against any of the Released Parties, I agree to defend, indemnify, and hold harmless each of the Released Parties from any damages, claims, litigation expenses, attorney’s fees, loss liability or any cost which may incur as a release of such a claim.
7. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado, without regard to principles of conflict of laws.
8. If any portion of this Agreement is held invalid, unlawful, void, or unenforceable, that provision shall be severable from the other provisions, and the remaining provisions shall continue in full force and effect.
9. The Parties agree that any and all claims, controversies, breaches or disputes arising from or related to this Agreement, including those pertaining to the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration according to the procedures of Colorado Mediators & Arbitrators™ |COMA. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement. The arbitrator may consider the testimony and evidence presented by the parties through any or all of the following types of hearings: documentary hearing, teleconference hearing, or through a standard scheduled hearing physically-attended by the parties and legal counsel if any. Any standard arbitration hearing that requires the parties’ physical presence shall be held in Boulder County, Colorado. The Parties also agree that any award tendered by the arbitrator may be entered as a judgment in the United States court in and for the district within which such award was made and enforceable as an order of the said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND AND AGREE TO ITS TERMS, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.