Participation & Release of Liability Agreement

Thank you for participating in the EFT Marketing & Business Academy Program (the “Program”), operated by Tap Your Power, LLC, doing business as, EFT Tapping Training Institute (the “Institute”) and facilitated by Alina Frank and Craig Weiner (the “Facilitators”). This Participation & Release of Liability Agreement (“Agreement”) contains important information the Institute needs to share with you and for you to understand. By participating in the Program, you agree to the following terms and conditions:

1. Program Intent

The intent of the Program is to provide participants with a 12-month personalized step-by-step course to help them develop a business offering Emotional Freedom Techniques (EFT) to the public. The focus of the Program is to provide participants with the opportunity to learn how to get an EFT business started, how to create business opportunities for attracting clients, how to develop an online presence for marketing an EFT business, and how to build a referral network. While the intent of the Program is to help you develop a successful EFT business, the Institute cannot make any warranty, guarantee, or prediction regarding any outcome you may experience by participating in the Program, including without limitation, being able to have a successful EFT business.

2. Agreement & Program Term

The term of this Agreement and the Program commences on June 1, 2020 and ends 12 months thereafter (the “Term”).

3. Program Components

The Program consists of the following components to be provided by the Institute to participants enrolled in the Program:

12 private coaching sessions, 6 of which will be conducted by Alina Frank and 6 of which will be conducted by Craig Weiner
A monthly live group tapping session
Program manual and video modules
Online facilitated Facebook forum
Access to the Institute’s audio library
Partnership program plan designed to support participants in the Program
Access to the EFT Legal/Risk Management online certificate course
Access to discounted website design resources
Creation of a video business spotlight interview of participants EFT business
Unlimited access during the term of the Program to attend the Institute’s in-person or live online EFT Levels 1 and 2 trainings

4. Participant’s Obligations

You understand that to receive the full benefit of the Program your full participation is strongly recommended, including attending the monthly live group tapping session with the Facilitators, scheduling and attending your private coaching sessions, and completing the EFT Legal/Risk Management online certificate course. In addition, you understand that you are required to comply with all federal, state, and local laws and regulations applicable to you and to practice EFT only within your legally defined scope of practice. Also, you understand that you are required to be fully responsible for all of your verbal or written statements, actions or representations made to any individual or entity regarding the Institute, the Facilitators, and the Program.

5. Personal Coaching Sessions

You understand that your 12 private coaching sessions with the Facilitators must be completed during the Term. Further, you understand that you must schedule one coaching session per month during the Term, alternating between Alina Frank and Craig Weiner with each Facilitator providing you with 6 coaching sessions during the Term. Scheduling of your coaching sessions involves the reservation of time specifically for you. Therefore, once a coaching session is scheduled, you must provide a minimum of 24 hours’ advance notice in order to reschedule or cancel such session. If you miss a coaching session or fail to reschedule or cancel a coaching session with the required 24 hours’ advance notice, then that coaching session will be forfeited. If you chose to reschedule a missed or cancelled coaching session, you can reschedule the coaching session for an additional fee of $150, payable prior to the rescheduled coaching session.

6. Confidentiality – Communications

Due to the fact that some of the activities provided in the Program includes group interactions in which you may voluntarily reveal personal information, you understand that you waive your rights of privacy and confidentiality with respect to other individuals participating with you in the Program. Further, you agree to communicate respectfully with other individuals participating in the Program and to keep such communications solely within the group. If you have any feedback regarding the Program, you agree to provide such feedback directly to the Facilitators.

7. Intellectual Property

The Program manual and video modules provided in the Program and any other content made available during the Program (collectively the “Materials”) are owned by the Institute and are protected by intellectual property and copyright laws. You may not duplicate, screen grab, modify, publish, post on Facebook or other social media sites, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Materials or any other content presented in the Program. You understand and agree that the Materials made available to you during the Program are for your personal use only and you are prohibited from sharing any of the Materials with any third parties without the express written approval of the Institute.

8. Termination

You have the option, in your sole discretion, to terminate your participation in the Program during the Term hereof by notifying the Institute of your decision to terminate your participation in the Program. In the event you terminate your participation in the Program for whatever reason, you shall not be entitled to any refund of the Program tuition, as published on the Institute’s website. Notwithstanding the foregoing, Paragraph 10 below shall remain in full force and effect and survive termination of this Agreement by you.

The institute also has the right to terminate your participation in the Program at any time during the Term by providing notice to you of the Institute’s decision to terminate your participation in the Program. Some of the possible reasons that the Institute may terminate your participation in the Program include but are not limited to, 1) breach of this Agreement; 2) not abiding by the rules, procedures, and policies of the Program; 3) not respecting parameters or boundaries; 4) failure to maintain ethical standards for the Program; or 5) using the Institute’s organization or its available student/client/participant base for any type of gain or private enterprise, including sale of products or services, or to promote a particular belief, modality, method or philosophy. In the event the Institute terminates your participation in the Program, you shall not be entitled to any refund of the Program tuition, as published on the Institute’s website. Notwithstanding the foregoing, Paragraph 10 below shall remain in full force and effect and survive termination of this Agreement by the Institute.

9. Assumption of Risk

You understand that your participation in the Program is strictly voluntary, at your own risk, and that you freely choose to participate. Therefore, you agree to assume and accept full responsibility for any and all risks associated with participating in the Program and for applying what you may learn from participating in the Program. Further, you understand and agree that this Agreement is intended to be a complete unconditional release of liability and assumption of risk to the greatest extent permitted by law.

10. Indemnification

By participating in the Program, you shall defend and indemnify the Institute, its owners, members, staff members, Program faculty, employees, consultants, agents, representatives, independent contractors, volunteers, and others associated with the Institute, from any and all liability, including but not limited to, judgments, civil penalties, refunds, attorneys’ fees, court costs, and/or lost business incurred by the Institute as a result of your verbal and written statements, actions, and representations, including without limitation, individuals you provides EFT services to while participating in the Program. The foregoing shall survive and remain in effect following the termination of this Agreement.

11. Notices

All notices required hereunder shall be in writing and shall be given either by personal delivery, email, text, mail, or recognized delivery service, and shall be deemed given hereunder on the date delivered, emailed, texted or a date forty-eight (48) hours after the date mailed if mailed in the United States, and five (5) business days if mailed outside of the United States. Notices shall be sent to you at the address set forth below, or any other address designated by you. Notices to the Institute shall be sent to 5404 Wilkerson Road, Langley, WA 98260, Attention: Craig Weiner, or any other address designated by the Institute.

12. Miscellaneous

Any and all matters in dispute between the parties to this Agreement, whether arising from or relating to this Agreement itself, or arising from alleged extra-contractual facts prior to, during, or subsequent to this 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 Washington, 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 this Agreement shall continue in full force and affect and be interpreted to be best carry out the intent of the parties. This Agreement may not be amended except in writing signed by both parties. No waiver by any party of any right under this Agreement will be construed as a waiver of any other right.

13. Acknowledgment

You acknowledge that you have been given the opportunity by the Institute to ask questions regarding any aspect of this Agreement. You represent that you are competent and able to understand the nature and consequences of participating in the Program. By signing below, you acknowledge that you have carefully and completely read and fully understand all aspects of this Agreement and agree to all of the terms and conditions stated herein. This Agreement shall be binding upon you, your heirs and legal representative(s).

For good and valuable consideration, the receipt of which is hereby acknowledged, you and your heirs and legal representative(s) agree to forever fully release, indemnify, defend and hold harmless, the Institute, its owners, members, staff members, Program faculty, employees, consultants, agents, representatives, independent contractors, volunteers, and others associated with the Institute from any and all claims or liability, of whatsoever kind or nature, and for any damage or injury, including but not limited to, financial, legal, 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 Program.

You indicate your acceptance and agreement to this Agreement by signing and dating in the spaces provided below.

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If you are submitting this Participation & Release of Liability Agreement electronically, typing your name in the space provided above will be considered your signature and constitute your acceptance and agreement of this Participation & Release of Liability Agreement.

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