American Hypnosis & Coaching Academy Student Agreement & Terms of Use AMERICAN HYPNOSIS & COACHING ACADEMY STUDENT AGREEMENT AND TERMS OF USE INTRODUCTION Clinical Hypnotherapy Certification Course (“Program”) is offered by the American Hypnosis & Coaching Academy, Rebecca Taylor Shaw, and Charleston Hypnosis Center, LLC, collectively hereafter, “Company.” Program consists of the services, products, materials, content, courses, coaching, meetings, communication, and any other items Company is providing you (“you,” “student,” “Program participant”), specific to your purchase, as a result of your purchase, as further outlined in Section IV, Program and Program Delivery. By purchasing Program, you as the purchaser of Program and participant in Program are agreeing to the following Terms of Use, which constitute a legally binding agreement between you and Company. AGE AND ACCESS You agree that you are 18 years of age or older and capable of entering into a binding contract. You acknowledge and understand that any information such as, but not limited to, usernames and passwords, that grant you access to Program, are unique to you. Sharing your Program log-in information will result in automatic termination from Program, as outlined in Section XVIII, Termination. TERM Program begins on April 8th, 2021 and concludes on April 10th, 2021. (“Term”). PROGRAM AND PROGRAM DELIVERY Company is providing a vocational certificate program where students are educated in the art and application of hypnosis for use in coaching and clinical settings. The program will be delivered virtually via Zoom. During the term, classroom training will be offered LIVE 10:00am to 1:00pm EST and 2:00pm to 5:00pm EST. Replays are available uploaded into the classroom portal for students who are not present for the live attendance. If Company needs to change the date or time of a Zoom meeting, Company will let you and other Program participants know as soon as possible. Company will also provide you access to digital materials for your personal use (“Program Materials”). Program materials will be provided electronically through an online classroom portal in the form of written material paired with training videos. Materials consist of training materials including lectures, done-for you templates, journal prompts, hypnosis scripts, etc.
Materials can be downloaded from the classroom portal.
The classroom portal will be available to the student to access until October 15th, 2021 for review and to download videos and content for later use. A private Course Facebook group is available for participants for 6 months from first day of course for the purpose of on-going mentoring.
During the Term, Company will be available to you via email, Monday through Friday, 9 am to 5 pm EDT/DST, and will respond to your emails during that period of availability within 24 hours, barring Company’s inability to respond to you within that time period, in which case Company will make every effort to inform you why Company is unable to respond within 24 hours. You will also have access to Company’s designated Facebook group, specifically for Program participants, for the duration of the Term. Company will participate in the Facebook group where feasible, Monday through Friday, during the hours of 9 am to 5 pm.
Additionally, instructor is available to program participants on an individual basis for up to 2 private one hour mentoring sessions and via Email and Voxer, Monday through Friday, 9:00am to 5:00pm EDT/DST. Response times may vary depending on day and time of request. V. FEES The total fee for Program is $4,500. You have the option to pay: Early Registration before April 1, 2021 in full $3,500.
In full, prior to the start of Program $4,500
VI. PAYMENT TERMS All Program payments are processed by PayPal and any associated third-party payment processors governed by their own Terms of Use, and your personal information is processed in accordance with our Company Privacy Policy. If paid in full: If you choose to pay Company in full prior to start of Program, Company will send you a PayPal link to complete your purchase. You will not be enrolled in Program, nor have access to any Program Materials, until Company has received your payment in full. If paid in 2 installments, automatically charged by Company via PayPal: You will pay Company a first payment prior to the start of Program per terms listed above in the “Fees” section. You authorize Company and PayPal to subsequently automatically charge you the second payment owed Company, one month after you make your first payment to Company. The charge for Program will show up as Charleston Hypnosis Center. The period between each payment is the “Installment Period.” If paid in 3 installments, automatically charged by Company: You will pay Company a first payment prior to the start of Program. You authorize Company and PayPal to subsequently automatically charge you monthly during the Term, for the two remaining outstanding monthly payments. The charge for Program will show up as Charleston Hypnosis Center. The period between each payment is the “Installment Period.” VII. PAYMENT FAILURE If Company charges you the full amount of Program prior to the start of Program and your payment method is declined in any way, Company or PayPal will notify you and you have 5 days to pay the full amount owed. You will not have access to Program or any Program materials unless and until the full balance owed is paid and will not be considered by Company to be enrolled in Program until payment is successfully completed. If after 5 days you have not been able to satisfy payment owed, Company will have to release your held spot in Program. Company reserves the right to decide whether to allow you to reapply for admission into Program. If you elect to pay for Program in automatic installment payments and your payment method is declined in any way, Company or PayPal will notify you and you have 5 days to satisfy the amount owed on the delinquent installment payment. If after 5 days you still have not successfully paid the amount owed, a late fee of 5% of the amount owed for the Installment Period will be assessed per day late. After 5 days, if you have still not paid the amount owed, Company reserves the right to terminate your access to Program and all Program Materials immediately. If your access is terminated, you are still liable to Company for all outstanding balances for the entirety of Term, including any delinquent payments and accrued late fees. Company reserves the right to pursue any outstanding balances owed to the fullest extent of the law, including, but not limited to, authorizing a debt collection agency to collect amounts owed on Company’s behalf. VIII. NO REFUNDS OR CHARGEBACKS Company invests a great deal of time and resources in preparation for and delivery of Program. Enrollment in Program is limited to a set number of participants. As such, no refunds will be offered for any reason. By choosing to enroll in Program, you acknowledge and agree that you are legally responsible for the entire fee for Program, regardless of whether you cancel or otherwise terminate your participation in Program. You agree you will not make any charge backs for Program fees and that you are responsible for any fees associated with recouping payment on chargebacks and/or any collection fees. STUDENT RESPONSIBILITIES AND CODE OF CONDUCT You agree that Program and all Program materials, including, but not limited to, practical demonstrations and exercises, are for informational and educational purposes only. You understand and agree that each state’s laws regarding hypnosis are different. You understand and agree that it is your responsibility to research and consult the proper professional regarding hypnosis laws and any other hypnosis certification or hypnosis practice requirements in your state.
You understand and agree that upon successful completion of Program, you will be certified in hypnotherapy by Company, but this certification is not certification to practice hypnotherapy or render any hypnotherapy-related professional services by any state governmental body.
You agree that your successful participation in Program requires that you adopt a diligent, cooperative and respectful approach to Program and Program’s participants.
You agree and accept responsibility for creating a supportive educational community for Program where every Program participant can self-manage their learning.
You acknowledge and agree that while you are registered for Program, you conduct yourself in the community as a positive ambassador for Program.
You agree to communicate with Company honestly and promptly where necessary.
You understand and agree that your degree of success in Program is dependent on your commitment and consistency. You agree that your failure to attend or unreliable attendance or participation in any part of Program without notice to Company may result in loss of eligibility for certification testing, at Company’s complete discretion.
You agree that you are solely responsible for implementing any techniques or changes recommended by Company.
You agree and understand that Program participants may share personal, sensitive, confidential information in various Program forums. You agree to be respectful of all information disclosed by Program participants and agree not to share this information to anyone outside of Program, at any time, for any reason.
You agree that Company reserves the right to terminate your access to Program at any time, without notice to you, if your behavior, attitude or motivation has a detrimental effect on your own or any other students’ learning experience.
You understand, acknowledge and agree that any of the following criminal or potentially criminal behavior will not be tolerated, will result in immediate termination from Program without prior notice to you, and may result in subsequent investigational proceedings: Assault Sexual misconduct Any form of hate crime
Theft, fraud, deceit, deception or dishonesty
Violent, indecent, disorderly, threatening, intimidating or offensive behavior or language towards Company or other Program participants
Consumption of alcohol and/or drugs, while attending any live Program course at any time
Any damage or vandalism to Company property or training venues used by Company in its work as a reputable training organization
Any form of bullying or harassment of Company, or Program participants
Any derogatory virtual actions (i.e. social network sites, blogs, e-mail, SMS messages etc.) that are deemed as: The harassment or victimization of any student of Company, Program participants or the broader community
Making slanderous claims against another Program participant or Company in any medium or environment
Any behavior that brings Company or Company’s name into possible disrepute
Failure to respect the rights of others to freedom of belief and freedom of speech
Disruption of, or improper interference with the academic, administrative, or any other functions, duties or activities of Company or Program participants
Obstruction of, or improper interference be it verbal or behavioral, when attending or participating in any Company activities
Any form of academic misconduct, as determined by Company
The use of Program or Program materials for entertainment purposes while practicing or performing class tasks or duties
Representing yourself as certified in Clinical Hypnosis to work with others in a professional capacity without being certified or qualified to do so
Ignoring any ethical guidance with regards to practicing techniques while training in clinical hypnosis & both in and outside Program. X. RELATIONSHIP OF PARTIES You agree that your participation in Program does not create a partnership, joint venture, agency or employment relationship with Company. XI. INTELLECTUAL PROPERTY You agree that any Program materials and all content provided to you by Company is provided for your personal, informational, non-commercial use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all: Company website and social media content, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code
All written or digital materials, digital or non-digital (materials include but are not limited to, text, photos, graphics, video) created by Company
Any recordings created by Company, regardless of who is on recording
Any other form of Company-created information available to you immediately prior to Program and during Program. Company grants you a limited, revocable, non-transferable license to access Content and print and download Content where expressly allowed by Company, for your personal, non-commercial use. You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way. XII. TESTIMONIALS AND RECORDINGS You agree that Company may use a testimonial about Program provided you for any purpose. You agree that your testimonial may be used in Company’s Program or Program materials, subsequent programs, courses, teachings, or lectures, Company’s website, marketing materials, social media platforms or any other platform owned by Company. At your written request, Company will anonymize your written testimonial by excluding your personal information. You acknowledge and agree that during the course of Program, Company may make recordings for future lecture, teaching and/or marketing materials. You consent to Company’s making of these recordings, and the use of your name, voice and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to you. XIII. PROGRAM AND WEBSITE INTERRUPTIONS Company cannot guarantee that our website, and the Program materials available on and through Company’s website, will be available at all times. Company may experience technical problems, or Company’s website may be temporarily down for maintenance purposes, that may result in your inability to use Company’s website. You agree that we are not liable or responsible for any damages stemming from your inability to access our website. XIV. DISCLAIMER Program is not business, financial, legal, medical, health or other professional advice. Company does not provide therapy or psychotherapy services. You agree that your participation in Program is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Program, Program materials, and Content is for informational purposes only and should be used at your own risk. Upon successful completion of Program, you will be certified by Company in hypnotherapy. However, as stated in Section IX, Student Responsibilities and Code of Conduct, state laws and regulations regarding the practice of hypnotherapy, hypnotherapy services, and hypnotherapists generally, vary from state to state. Hypnotherapists and Hypnotists are not issued licenses by any state governmental agency to engage in their professional services. Company does not represent, guarantee or otherwise warrant in any way that certification by Company is authorization to practice hypnotherapy in your respective state. Medical Disclaimer Information given by Company in Program, whether through Program materials, Content, during live sessions, or at any other time during Program, is not medical advice. It is not intended to diagnose, treat or prevent disease. Any information provided by Company is not intended to be a substitute for medical advice, and Company encourages you to use any information provided by Company only in consultation with a medical professional. Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from your participation in Program. Company is not responsible or liable for any of your health decisions directly or indirectly related to the information provided in Program, nor is Company responsible for any damages from your use or misuse of information provided in Program. You are solely responsible for any decisions you make from the information provided in our Program. You accept any and all risks, foreseeable or non-foreseeable, known or unknown, arising from hypnosis. You understand that side effects of hypnosis could include tiredness, crisis of identity, insomnia, irritability, fears, panic attacks, deficit of attention, distorted sense of self, confusion, sexually abhorrent behaviors, unexpected trance-like state, delusional thinking, depression, dizziness, syncope, fearfulness, feelings of guilt, histrionic reactions, impaired memory, nausea, obsessions, changes in personality. Generally, the negative side effects of Hypnosis can be divided into these categories: (1) Problems resulting from unintended suggestions, (2) Obscuring actual physical health problems, (3) Suicidal depression, (4) Panic attacks or psychotic episodes, and (5) Symptom substitution. Side effects and complications of Hypnosis can be defined as unexpected feelings, thoughts or behavior after or during the hypnotic treatment that are in conflict with the intended goals of the hypnosis treatment. You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Program participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results. Other Professional Disclaimer Program, Program materials, and Content are not business, financial, or legal advice, and should not be construed or relied on as such. You understand and agree that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from your participation in Program. You agree that Company is not liable for the results of any decisions you make as a result of your participation in Program or from the Program materials and/ or Content provided by Company. You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, Program, Program materials, Content, or any other forum, are the experiences of one participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results. Payment and participation in this course does not automatically confer a certification upon participants. To uphold the value and standards for the course and the hypnotherapy industry, certain requirements must be documented to recieve a clinical hypnotherapy certificate from the Company. Students will be required to provide documented proof of required participant hours (currently 100 hours as outlined and allocated in the classroom curriculum) which will include such activities as practicum case studies, required reading, asynchronous learning through video lectures with accompanying proof questions as well as a final exam. XV. WARRANTY Except where otherwise indicated herein, Program and Content provided by Company are “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Program, Program materials, or Content. You understand and agree that all individuals are different, and Company makes no guarantees or warranties regarding any results you may or may not experience from participation in Program and/or the use of Program materials and Content provided. Company disclaims all warranties to the fullest extent permitted by law. XVI. NO TRANSFER OR ASSIGNMENT You cannot transfer your position as a participant in Program without prior written approval from Company. If you are purchasing Program for someone else, you must contact Company at chshypno@gmail.com as the person you are purchasing Program for must agree to these Terms of Use before beginning the Program and/or receiving any Program Materials. XVII. MODIFICATION You agree that Company may modify these Terms of Use at any time. If Company modifies these Terms of Use, Company will notify you of these modifications in writing as soon as is reasonably possible. XVIII. TERMINATION Company endeavors to provide you with a positive experience through Program. However, by purchasing Program, you agree that Company, at its sole discretion, may terminate your participation in Program and access to any and all Program materials without refund of any money paid by you if you: Fail to pay amount due even after Company’s assessment of late fees
You violate Company’s Code of Conduct
Share personal, private information shared in confidence by Program participants outside of Program
Share any log-in information with another person so they can access Program and/or Program materials
Any other behavior that violates these Terms of Use, at Company’s sole discretion. You agree that should Company terminate your participation in Program due to any of the above conditions, you are still liable to Company and responsible for the remainder of the cost of the Program as outlined in these Terms of Use. You agree that should your participation in Program be terminated, the provisions in these Terms of Use regarding confidentiality, non-disparagement and proprietary rights survive the termination of any participation or enrollment within Program, or any termination of these Terms of Use. XIX. LIMITATION OF LIABILITY To the fullest extent allowed by law, Company is not liable and does not accept responsibility for any losses or damages caused by or resulting from your purchase of or participation in Program, or your use of Program materials and/or Content. By participating in Program and using Program materials and Content, you agree that that you are solely responsible for any results derived from said participation and use. You assume any and all risks. You agree that Company is not liable for any direct, indirect, consequential, punitive, or any other damages, arising out of your purchase of or participation in Program and your use of Program materials and/or Content, even if Company has been advised of the possibility of such damages. You agree to this limitation of liability and release Company from all claims. Regardless of the previous paragraph and all other paragraphs within these Terms of Use, if Company is found to be liable, you agree that Company’s liability to you or to any third party is limited to the lesser of: (a) the total fees you paid to Company in the one month prior to the action giving rise to the liability, and or (b) $1000. All claims against Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. You waive the right to bring suit for any cause of action under a statute of limitations longer than 100 days. XX. INDEMNIFICATION You agree to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”), from any and all actions, claims, damages, fees and expenses, including attorney’s fees, arising out of your purchase of Program, delivery of Program, your participation in Program, your use of Program materials, your use of Content, or your use of any other information provided in any form by Company or Company’s Affiliates to you during Term. You shall defend Company and Company’s Affiliates in any legal actions pursuant to or arising out of these Terms of Use. You agree that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates. By payment for and in consideration of your participation in Program, you agree to waive, discharge, release, defend, indemnify and hold harmless Company and Company’s Affiliates from any actions, causes of action, claims, demands, costs, fees, expenses or damages, in law or equity, arising from your purchase of and participation in Program, and delivery of the Program. XXI. GOVERNING LAW/DISPUTE RESOLUTION AND NON-DISPARAGEMENT In the event of a dispute between you and Company, you agree that you will not engage in any conduct or communications, public or private, designed to disparage Company. If a dispute between you and Company cannot be resolved amicably, you agree to binding arbitration in Charleston, South Carolina, in the United States, pursuant to the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of these Terms of Use. If for any reason any dispute is not resolved in arbitration, the dispute will be litigated in the courts of South Carolina, in the United States. XXII. FORCE MAJEURE Company will not be liable for failure or delay in the delivery of Program for the period that said failure or delay is beyond Company’s reasonable control, materially affects the ability of Company to deliver all or any part of Program in any way and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding Company’s ability to deliver any aspect of Program. XXIII. SEVERABILITY If any portion of these Terms of Use is deemed to be void or unenforceable, that portion is severable from the Terms of Use and does not impact the enforceability of the remainder of these Terms of Use. XXIV. ENTIRE AGREEMENT These Terms of Use and any policies given to you as part of your participation in Program constitute the entire agreement between you and Company with respect to Program. These Terms of Use supersede any prior communications or agreements. |
