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), I (“Participant”/”Me”) (Participant and Organizer are individually referred to as a “Party” and collectively “Parties”) understand and agree to all of the following:

1. I am receiving training techniques to treat my own pregnant and postpartum clients. I understand and agree that training and education provided by the Institute for Birth Healing, Inc. do not give me the right to practice outside of the scope of my licensure. I represent and warrant that I will remain responsible to apply my own knowledge, experience, and judgment to all circumstances in which I utilize information and techniques learned in the Training.

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”). I acknowledge and agree that The Information and Materials are proprietary to Organizer and I warrant and represent that I will not use, create copies of, create new works including (derivative works), publish, or display The Information and Materials without prior written consent from the Organizer. Any permitted mention of the Open Birthing Pattern or the Schulte Hold 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 properly licensed and appropriately qualified professional in each jurisdiction within which I see clients, and that I am properly authorized to conduct the type of pelvic care work taught in this Training. I specifically represent and warrant that I am properly licensed and authorized to engage in the forms of touch anticipated to be taught in this Training. I further represent and warrant that I have suitable liability insurance to both participate in the training and to cover any claims arising from or related to my practice of techniques learned therein 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.

4. I hereby agree, on my own behalf and on behalf of my successors and assigns (“Indemnifying Party”) to indemnify, defend, and hold harmless Organizer, its officers, directors, shareholders, partners, independent contractors, and employees, past, present, and future (“Indemnified Parties”), from and against any and all claims, demands (whether rightful or baseless), losses, costs, expenses, obligations, liabilities, damages, recoveries, awards and costs, and fees of any kind, including reasonable attorneys’ fees and expert witness fees (“Losses”) brought by third parties that the Indemnified Parties incur or may incur or suffer and that arise out of or are
   related to: Indemnifying Party’s performance of any of its obligations in this Agreement, or Indemnifying Party’s breach of any of its obligations under this Agreement, or Indemnifying Party’s breach of any representations or warranties it has made to the Indemnified Party hereunder, and only to such extent that such Losses are not related to and do not arise from the gross negligence, or intentional act or omission of the Indemnified Party.

   Indemnifying Party’s duty to defend the Indemnified Parties shall arise immediately upon demand for a defense by any of the Indemnified Parties and shall not be dependent upon a finding of any fault by Indemnifying Party. Each of the Indemnified Parties shall have the right to select counsel of their choice to defend each of them. Upon its undertaking of the defense and indemnity of an Indemnified Party, Indemnifying Party will have the right to control such defense in all material respects. Each Indemnified Party shall cooperate with the reasonable requests of Indemnifying Party until the indemnified matter is fully and finally resolved provided Indemnifying Party reimburses each such party its reasonable out of pocket expenses in such cooperation. Indemnifying Party shall not be liable for any settlement or compromise of any claim otherwise covered by Indemnifying Party unless Indemnifying Party shall have given its prior written consent to the same.

5. The organizer disclaims any representation or warranty that the Training will comply with the requirements of any licensing board.

6. 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. Refunds are only issued on a case by case basis, at the sole discretion of Organizer. Please contact us if you request a refund.

7. By signing/checking the box that indicates agreement to these Terms and Agreement for Institute for Birth Healing Course Training, I hereby release, discharge, covenant not to sue and waive all claims against a) Lynn Schulte, PT and Institute for Birth Healing, Inc. and each of their respective heirs, successors, assigns, agents, volunteers, employees, independent contractors, shareholders, directors, and officers, b) other participants and invitees on the premises where the Training is held (“Premises”), and c) the owners and operators of the Premises, (each considered one of the “Released Parties” herein) from all liability, claims, demands, losses, or damages whether to my person or property, I may have related to or arising from the negligent act or omission of the Released Parties during the Training, including reasonable times before and after the Training while I am arriving or leaving, the content and activities of the Training, or my practice at any time of the techniques discussed in this training. This release and waiver shall not apply to intentional or grossly negligent acts or omissions of the Released Parties.

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 good faith participation of the parties in mediation. Mediation shall be held before a mediator jointly selected by the parties. If the parties are unable to decide on a mediator within five (5) days of a party’s written demand to the other for mediation, the demanding party shall send the other party a list of three acceptable mediators. If the responding party does not select a mediator from that list within three (3) days, the demanding party may select a mediator from that list. The parties shall share in the cost of the mediator, and pay all of their own additional costs, including attorneys’ fees.

   If a mutual agreement is not reached through mediation, then any claim or assertion will be settled through binding arbitration before a single arbitrator located in Boulder County and according to the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof .The Parties also agree that any award tendered by the arbitrator may be entered as a judgment in the state court or United States court in and for the district within which such award was made and enforceable as an order of the said court.

10. 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. The Parties agree that any allowable court action arising under or related to the terms of this Agreement shall be brought before the Colorado state courts located in the County of Boulder, Colorado or, if it is able to obtain jurisdiction, the federal court located within the City and County of Denver, Colorado. The Parties hereby submit to the venue and jurisdiction of these courts for purposes of enforcement of any arbitration award.

11. Payment Plan Terms and Conditions: As consideration for any purchase you make on the Organizer Website (https://instituteforbirthhealing.com/), you shall pay Institute for Birth Healing all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the
    registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.

    You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Institute for Birth Healing to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card.

    If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand and that the balance will accrue interest compounded at the rate of two and a half percent (2.7%) per month. You agree to pay all costs of collection, including reasonable attorney’s fees and costs, on any outstanding balance and interest. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer
    for details.

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.