General Terms & Conditions for Training Services
By participating in the training you agree to the following terms and conditions:
1. Subject matter
1.1 These general terms and conditions of business apply for all training and certification programs delivered by OrphanWise Incorporated (subsequently referred to as OrphanWise).
1.2 Only these general terms and conditions of business apply. Terms and conditions of business of those receiving training (subsequently referred to as participant) do not apply, even if not explicitly stated by OrphanWise. The terms and conditions presented in this document also apply if OrphanWise knowingly renders services due that are in conflict with the participant’s terms and conditions of business.
1.3 Participants must register in advance to take part in OrphanWise trainings. Registration consists of filling out a form online that is provided by OrphanWise. Registration also includes selecting the training session the participant intends to attend.
1.4 Once payment is received, enrollment in the training course is confirmed.
2. Conducting training
2.1 OrphanWise is responsible for conducting training or for contracting a third party to conduct training and is free to choose any consultant for such purposes. OrphanWise is entitled to transfer the duties of the contract to a third party to perform and to change the contents of training sessions as long as the objective of the training is not compromised. OrphanWise may cancel training, change the date or time of training or designate the training location with advance notice. If this happens, a refund will be offered to those already registered.
2.2 OrphanWise will make every effort to provide the participant with all important knowledge during training sessions, as per the training plan and the current training documents.
2.3 OrphanWise will conduct training on its own premises, on the participant’s premises, or at another mutually agreed upon
location. Training is to be conducted during the dates specified by OrphanWise and confirmed by the participant.
2.4 If training takes place on OrphanWise premises, OrphanWise will provide each participant with seating, snacks, and the necessary documents. Participants are responsible for incidental expenses (travel, accommodation, additional meals, etc.).
2.5 If training takes place on the participant’s premises, the participant will provide the infrastructure necessary for training.
2.6 Participants will receive a certificate confirming participation upon completion of training. Certificates can only be given to those who have been present for the entirety of the training.
3. Compensation and terms of payment
3.1 Costs covered will be specified in writing on the online payment form (for individuals) or in the contract (for organizations).
3.2 All fees for individual participants are due before the training.
3.3 All fees for organizations are due within 30 days of training. If payment is not made on time, OrphanWise may charge a late fee of up to 9%.
3.4 The organization is in default if he/she does not pay following receipt of a reminder sent by OrphanWise once the due date
has been reached. The legal regulation, which automatically takes effect 30 days after default on an invoice, remains valid.
4. Copyrights and restrictions
4.1 All training material is protected by U.S. copyright law. All training materials are your own personal and not for commercial use. They may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior permission of Texas Christian University’s Karyn Purvis Institute for Child Development or OrphanWise.
5. Training Participation
5.1 The information presented during the Training, including ideas, suggestions, techniques, trainings, exercises, initiations, processes, activities, energetic activations, empowerments, downloads, instructions, and other materials (collectively the “Materials”), is educational in nature and is provided only as general information and is not medical or psychological advice.
5.2 You understand the Training is experiential in nature and focuses solely on personal growth and spiritual transformation and is not to be considered treatment for any physical, emotional, or mental disorder. You agree to consult with your health care providers for any specific medical, emotional, or psychological problems or issues in advance of the Training. Further you agree to take full responsibility for your self-care during the Training and after.
5.3 Any stories or testimonials presented before or during the Training do not constitute a warranty, guarantee, or prediction regarding your experience during or after the Training. Further, you understand that OrphanWise makes no warranty, guarantee, or prediction that you will experience any particular results in your child’s behavior, nor does it make any representation that you will experience any particular outcome on an issue. Due to the fact that the Training includes group processes in which you may voluntarily reveal personal information, you understand that you waive your rights of privacy and confidentiality.
5.4 You acknowledge and agree that anything and everything discussed with the Practitioners or any Training participant is merely a perspective for you to consider. You further understand that your participation in the Training is not intended to create nor does it establish a client-practitioner relationship or any other type of therapeutic or professional relationship between you and the Practitioners.
5.5 Please be advised that by participating in the Training, emotional or physical sensations may surface which could be perceived as negative side effects and possibly cause psychological and/or physical discomfort. If you experience any distressing reactions by participating in the Training, you agree to ask for help from any of the Practitioners.
6. Waiver of Liability Agreement
6.1 You represent that you are competent and able to understand the nature and consequences of participating in the Training, and that you are an adult under the laws of the State of your residence. If you are a minor, your parent or legal guardian hereby represents that you are competent and able to understand the nature and consequences of participating in the Training.
6.2 You understand that your participation in the Training is strictly voluntary, at your own risk, and that you freely choose to participate.
6.3 You agree to release OrphanWise, the Practitioners, employees, volunteers, and any independent contractors from any liability resulting from your participation in the Training. Specifically, you and your heirs agree to fully release, indemnify, hold harmless and defend OrphanWise, the Practitioners, employees, volunteers, and any independent contractors, from any and all claims or liability, and for any damage or injury, including but not limited to, financial, personal, emotional, psychological, medical, or otherwise, which you may incur arising at any time as a result of your voluntary decision to participate in the Training.
6.4 In the event of an accident, injury or sickness, you give permission to OrphanWise the Practitioners, employees, volunteers, and any independent contractors to seek medical attention and/or authorize emergency medical treatment if necessary. OrphanWise, the Practitioners, employees, volunteers, and any independent contractors will not be held liable for any accident, injury, sickness, death, loss, or property damage that might arise out of or in connection with such authorized emergency medical treatment.
6.5 You further agree to hold harmless OrphanWise, the Practitioners, employees, volunteers, and any independent contractors from any damages or costs, including Court and attorney’s fees, which may be incurred due to your participation in the Training.
6.6 You agree and understand the Training may be filmed, photographed and/or recorded and that OrphanWise shall have all rights in and to such film, photographs and/or recording, including the copyright therein. The copyright shall include, but not be limited to, the right to use, re-use, publish, and re-publish and otherwise reproduce, modify, and display any such film, photograph and/or recording for educational and promotional purposes, including without limitation, audiotapes, audio CDs, DVDs, websites, video, or film or any other form of recorded images. You grant OrphanWise the right, without compensation to you, to film, photograph and/or record you while participating in the Training and you waive any right which you now have or may have hereafter in any such film, photograph, or recording. You agree to not record by audio, video, photographic or any other means, any portion of the Training. You hereby waive any right that you have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied. You acknowledge that there is no obligation to use any material authorized by me in hereunder. If you consent to submit a video testimonial following training, you acknowledge and to OrphanWise’s use of your video/audio footage, along with your name and job title, in whatever lawful use it deems fit. You also warrant that if this content includes you representing your organization that you are authorized to represent and speak on your organization’s behalf.
6.7 Any and all matters in dispute between the parties to this Agreement, whether arising from or relating to the Agreement itself, or arising from alleged extra-contractual facts prior to, during, or subsequent to the Agreement, including, without limitation, fraud, misrepresentation, negligence or any other alleged tort or violation of the contract, shall be governed by, construed, and enforced in accordance with the laws of State of California, without regard to conflicts of law doctrines and regardless of the legal theory upon which such matter is asserted. If any portion of this Agreement is held to be invalid, it is agreed that the balance of the Agreement shall continue in full force and affect. This Agreement shall be binding upon you and your heirs, family, legal representative, successors, and assigns.
6.8 This Agreement constitutes the entire and final agreement between the parties and supersedes any prior oral or written agreements, discussions or understandings. This Agreement may not be modified in any respect except in writing describing the modification and signed by both parties.
6.9 By checking below, you acknowledge that you have carefully and completely read and fully understand all aspects of this Agreement and you agree to all of the terms and conditions stated herein.