Silent Counseling Terms and Conditions
These Terms and Conditions (“Terms”), dated as of [TODAY’s DATE] apply to the delivery of any Training or Program by Towanda Wellbeing LLC (“We,” “Us,” “Our”) to You, [NAME] (the “Trainee” or “You” or “Your”) (together, “the Parties”).
By acknowledging these Terms, You agree to abide by all of the Terms set forth herein.
Introduction
In accordance with these Terms, including, but not limited to, Silent Counseling Practitioner Training Agreement, executed simultaneously herewith, and incorporated herein by reference, including the Definition and Interpretation set forth therein, We agree to deliver the Training in exchange for Your payment of the relevant Fee.
Accessing Sessions and Private Groups
The dates and times of all Sessions will be confirmed by email. You must update Us should Your email or other contact details change.
Attendance at all Sessions is mandatory to complete the training. It will be Your responsibility to check for emails and posts regarding Session times and to attend at the relevant time.
All Sessions are delivered virtually and live. We will not be recording any Session and all participants are prohibited from recording Sessions. If You are found to have recorded a Session, You will be immediately terminated from the program and will not be offered any refund.
If We are unable to attend a session, then We will make all reasonable attempts to provide as much notice as possible and to reschedule it to a time convenient to the majority of Trainees.
Your safety and welfare are very important to Us, and Our aim is to create a Training environment where all Trainees feel safe and comfortable. To support this, We ask You to be responsible for Your own behavior and energy and to conduct Yourself in a reasonable and responsible manner when using and/or accessing any part of the Training and not to act in a manner which may cause offence, distress, or alarm to any other Trainees, or in violation of the Expectations and Conduct set out below. If, in Our absolute discretion, You have violated this responsibility for behavior You will be terminated from the Training and not be entitled to any refund of any Fee.
Expectations and Conduct
When interacting with other Trainees during the Training, You agree:
not to share any information, whether expressed to be confidential or not, that is shared by another Trainee; and
not to capture or share images of any Trainees, including screenshots, or images that include any Trainee without that Trainee’s express permission; and
not to record any part of any Session for Your personal use or any other purpose; and
not to use any Private Group for any unlawful purpose; and
that when You access any Session or Private Group that You will not upload, post, on social media, transmit or otherwise make available any Content which:
is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether a Trainee or not and whether intended or not; or which
discloses personal and/or confidential or sensitive information about another person, whether that person is a Trainee or not; or
is threatening, or causes Us or a Trainee to feel harassed or in fear; and/or
is classified as spam.
If at any point You become aware of any inappropriate behavior, comments or content being shown or displayed by a Trainee then You agree to notify Us as soon as possible.
When You set up access to Our online platform or Private Groups, it shall be Your responsibility to keep Your password or any other access information private, safe, and secure and to notify Us should You become aware of, or suspect that, a third party is aware of Your password or access details.
Our Expectations When We Work Together.
By choosing to purchase the Training You are confirming that You are over 18, that You are legally capable of entering into a legally binding contract and that all information You provide to Us is true and accurate.
You accept that to obtain maximum benefit from the Training that You shall be responsible for participating fully in the Training, attending all of the Sessions, understanding attendance is mandatory, and communicating with Us openly and honestly throughout.
Your Welfare During the Training
We created the Training to provide You with the information, tools, materials, and skills to support You in becoming a Silent Counseling Practitioner and the Content provided should not be used for any other purpose. While some of the Content in the Training can be used for personal development purposes, it should not be seen as a substitute for counseling or other therapy services, or as an alternative to any existing medical treatment that You are undergoing or may require. If You are currently seeking medical or other professional help concerning Your physical or mental health, or if You are unsure as to Your physical or mental capacity to fully and safely participate in the Training, then You agree to seek advice from a relevant medical professional and inform Us if appropriate and relevant. You should not stop taking any medications or undertaking any medical treatments without first speaking to Your qualified medical or healthcare provider.
Where We provide access to Content which can be used for personal development purposes it will only be Content which Our Training facilitators are qualified and insured to provide. While We strongly believe in the benefits of any self-development related Content that We share, the results and outcomes which You may experience will vary and are not guaranteed.
During Your participation in the Training, You may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By using and participating in the Training You are confirming to Us that You are mentally well enough to do so and that You understand that You are, and will remain at all times, personally responsible for managing Your own emotional state. You agree not to hold Us liable for any emotional distress experienced as a result of Your access to the Training and We reserve the right to terminate Your access where We have concerns as to Your suitability to safely use it.
We are not qualified medical or health practitioners and do not provide medical consultations or advice relating to medical, psychological, psychiatric or any health conditions. If You require information or assistance concerning any medical or health related issue, then You should seek the advice of Your qualified medical practitioner.
Where You choose to participate in any interactive demonstrations offered as part of the Training, then You acknowledge that any decision to participate is voluntary and at Your own risk. You agree to inform Us if at any time You feel uncomfortable or unsafe with any aspect of the Training or if You have any concerns with the delivery of the Training or Your ability to use or access the Training Services.
Your Purchase of the Training
Your order and purchase of the Training is a conditional offer that We may choose to accept.
We reserve the right to make changes to the Training, in whole or part, as We reasonably require without giving notice to You. If We make changes, We will ensure that the Training still matches the original description, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to any part of the Training whether due to business reasons or circumstances outside of Our control.
Payment Terms
The cost of the Program (“the Fee”) is set out in the Agreement, which is attached hereto and incorporated herein by reference.
Time for payment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law and We must receive full payment of the Fee before You are entitled to access the Training.
The Fee is calculated based upon Our knowledge and experience and the time, effort and availability of the Training and is not based on Your actual usage and/or level of attendance.
You agree and acknowledge that You shall not be entitled to any form of credit to, or deduction from, the Fee for any non-attendance or lack of usage of any part of the Training on Your part.
As part of the delivery of the Training Your image may be recorded in photographs, images or screenshots by Us and may be shared on social media. By purchasing the Training and agreeing to these Terms You are providing Your consent for Your image to be used. Should You wish to revoke Your consent You can do so by emailing Us at support@towandawellbeing.com.
Our obligations above, shall not apply where it is necessary for Us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow Us to obtain legal advice, where We have been directed to do so by a Court or other body of equivalent jurisdiction or where it is necessary because We reasonably believe You are at risk of danger to Yourself or others.
Our Agreement will begin when both Parties electronically accept the Agreement.
Cancellation and Termination
We may cancel the Agreement where We are unable to continue providing the Training for any reason. In such circumstances We will provide You with notice in writing.
We shall be entitled to limit Your access to the Training or suspend, and/or terminate Our Agreement with You with immediate effect and without refund of any Fee, whether paid or remaining due and payable, in Our absolute discretion that:
if you have been found to have recorded any Session; or
there has been a breach of any of Your obligations under these Terms; or
You have failed to provide any payment due to Us as and when it becomes due; or
You have become subject to a bankruptcy, insolvency or similar financial order or proceedings or You are otherwise unable to pay Your debts; or
You have acted or behaved dishonestly, fraudulently, or in a way which We consider, in Our absolute discretion, may have a detrimental effect on Our business or reputation; or
You have not met the Expectations and Conduct as defined above with the Training or impaired the delivery of the Training to You or a client or;
You have acted in a way which is abusive or is intended to cause offence to Us or a client and/or;
You have failed to abide by any of these Terms, the Agreement, or any other guidance, code of conduct, EMPA Code of Ethics, or ethics or license terms We may provide whether such action constitutes a material breach or not.
In the event You have any concerns, You agree to let Us know by email to support@towandawellbeing.com and give Us a reasonable amount of time to investigate and resolve Your concerns before You take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.
The Fee is non-refundable, in Our complete and absolute discretion, unless:
We stop or cancel delivery of the Training to You, in which case You may be entitled to a partial refund calculated by Us in Our absolute discretion on a pro-rata basis having regard to the extent of the Training which You have paid for but have not yet received; or
You provide Us with notice to cancel within 7 days from the date of Your payment to Us. Any request to cancel should be made by email to support@towandawellbeing.com. Upon electronic receipt of Your notice of cancellation, if We have not started delivery of the Training and You have not accessed any part then We may provide You with a full refund of any Fee paid. Where delivery has begun, then You acknowledge that You will be responsible for the entire fee.
We reserve the right to change the Training Fee at any time. Any changes will not affect the price where payment has already been made and the Agreement has been executed.
Upon Termination of Our Agreement For Any Reason:
Your access to the Training, any private social media accounts, any Content, any Private Groups, and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to You for any claims relating to the removal of that access; and
any provision of these Terms which either expressly or by its nature relates to the period of time after termination and/or the Training has been delivered, shall remain in full force and effect.
You shall cease and desist from Using, either directly or indirectly any Content, Our Method or any Confidential Information belonging to Us, or provided by Us to You and shall immediately return to Us all copies in Your possession or control.
Confidentiality
It is important to Us to create a safe and secure space for everyone accessing the Training and therefore the protection of confidentiality is especially important to Us. This means that when You disclose Confidential Information to Us, We agree not to communicate or disclose it, make it available to others, or use it for Our own purposes without Your consent, unless provided for in these Terms.
Where We disclose Confidential Information to You, or where it is disclosed by a client during delivery of the Training, You agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that You will not:
disclose, communicate, reproduce, or distribute it, or use it for Your own benefit, whether personally or commercially, and whether directly or indirectly.
use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to Our business or reputation.
For the purposes of these Terms, Confidential Information excludes any information that was already known to Us before You provided it, or where it was already in the public domain, created by Us, or provided to Us separately by someone else without any breach of these Terms.
Intellectual Property
As part of the training, We may provide You with access to Our Content, Method, and other self- development tools. We take the protection of Our Intellectual Property rights in relation to Our Content, Method, and the Training very seriously. You agree and accept that all Content and Our Method remain Our confidential and proprietary intellectual property and belongs solely and exclusively to Us.
When You purchase the Training, You agree and undertake that from the date of this Agreement that You SHALL NOT:
copy, reproduce, sell, license, share or distribute any of Our Content or Our Method, whether during the period of Your access to the Training or at any time thereafter.
record any presentations or webinars, Online or In-person Sessions or events, videos, Private Groups or any Content or information relating to the Method.
infringe any of Our copyrights, patents, intellectual property, trade secrets or rights or any such rights belonging to a client.
be permitted under any circumstances to use the brand or intellectual property associated with Towanda Wellbeing, RISE, or the RISE Intuitive Healing Arts Center.
In the event of Your breach of Your obligations relating to Our Intellectual Property (including but not limited to the Content, Method, and the Training) then:
You shall immediately cease and desist the illegal use of Our Intellectual Property upon receipt of such notice from Us.
You agree and accept that damages, loss, or irreparable harm may arise for Us due to Your illegal use of Our Intellectual Property and, in such circumstances, We shall be entitled to seek relief, including injunctive relief, and reasonable attorney fees, against You; and
You shall indemnify and keep Us fully indemnified for all such damages and losses, including reasonable attorney fees, sustained as a consequence of Your breach.
Your Personal Data and How We Use It.
We are committed to protecting Your privacy and handling Your Personal Data responsibly and in compliance with applicable U.S. privacy laws. If You have questions about how Your information is used, You may contact Us at support@towandawellbeing.com.
Any Personal Data You provide to Us, including any information related to health or wellness, will be maintained, stored, accessed, and processed in accordance with applicable U.S. data privacy laws, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the California Consumer Privacy Act (CCPA), and any other relevant federal or state regulations. We shall only process Your Personal Data to the extent reasonably necessary to enable proper delivery of the Training and shall retain it only for as long as reasonably necessary to complete the Training and to comply with any legal or regulatory requirements.
Reviews and Testimonials
If You choose to share Client Content with Us You are granting Us, free of charge, permission to use that Client Content in any way as part of Our business services, which may include, but not be limited to, advertising and marketing.
When sharing Client Content, You confirm that You have the legal right to share it and that it does not infringe any third party’s Intellectual Property or other rights.
If You provide Us with a testimonial, review or similar (“Review”) then by doing so You consent for Us to exhibit, copy, publish, distribute, use on Our website or any of Our pages, Our social media sites or in Our advertising and marketing campaigns or email communications, Your Review or part of Your Review, as We require to lawfully promote Our business. You can amend Your consent at any time by emailing Us.
Liability
Your purchase of the Training and Your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.
We shall not be liable (whether caused by Us, Our agents, employees or otherwise) to You for:
any indirect, consequential, or special damages, losses, or costs; or
any loss of profits, business, data, reputation, or goodwill or any such anticipated losses; or
any failure to deliver the Training where We are prevented due to a reason beyond Our reasonable control; or
any losses arising from Your use of the Training once delivered.
Should You incur damages due to Our default or breach, Our entire liability is limited to the amount of the Fee paid by You at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Training.
Nothing in these Terms shall limit or exclude Our liability for death or personal injury caused by Our gross negligence or for any fraudulent misrepresentation.
You agree to indemnify and hold Us harmless for any action taken against Us due to Your violation of or disregard of any provision of these Terms or Your use or participation in any way with the Training.
During the term of Your access to the Training, and at any time thereafter, You agree to take no action which is intended, or would reasonably be expected, to harm Us, Our agents, employees, contractors, or Clients, or Our or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to Us, Our agents, employees, contractors, or Clients.
In the event a dispute arises in connection with the provision of the Training which is incapable of being resolved by mutual consent then We both agree to submit the matter for binding arbitration in accordance with the rules and regulations of the American Arbitration Society. These Terms shall be construed in accordance with the laws of the State of Ohio and the venue shall be in the State of Ohio.
No Guarantee
When purchasing the Training You will have access to the Content, Method, people and support all designed to benefit You, but it is Your responsibility to take action and implement the necessary information received and/or the skills or tools shared. Your success and any results are dependent on factors which are outside of Our control. We do not guarantee that any particular results or success will be achieved.
We have made every effort to accurately represent the Training and the Training Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.
Who We Are and How To Contact Us.
The Services shall be delivered by Towanda Wellbeing LLC. The business address is PO Box 581, Felicity OHIO 45120. Should You wish to contact Us then You can email Us at support@towandawellbeing.com.
If We need to contact You, We will use the contact number or email address You provide at the time of purchase. If You change Your contact details, it will be Your responsibility to notify Us so that We can update Our records.
Any reference in these Terms to a notice shall mean a notice in writing sent by email to the email address referred to above. All emails will be taken as delivered 24 hours from valid transmission.
General
The failure of either one of Us to actively enforce any provision of these Terms shall not prevent that party from subsequently seeking to enforce any term or obligation and any such failure shall not constitute a waiver, diminution, or limitation of any right.
In the event any provision of these Terms is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
This is the entire agreement between Us and supersedes all other negotiations, drafts, correspondence, and discussions prior to its execution. These Terms and Conditions are incorporated as if fully rewritten in the Agreements.
Every effort will be made to deliver the Training in accordance with these Terms but We shall not be liable for any delay or failure in delivery should We be prevented or delayed due to any act, event, omission or accident beyond Our reasonable control (“Events”), including but not limited to any of the following: an act of God (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, unexpected illness or injury or any other circumstances beyond Our control. Should an Event occur then time of delivery shall be extended until a reasonable time after the Event preventing or interfering with the delivery, and under no circumstances will We be liable for any loss or damage suffered by You as a result thereof.
Where an Event arises, We will provide You with a notice in writing sent to the email address You provide to Us, setting out the nature and extent of the Event and any steps We are taking to mitigate the impact and effect.
Should the Event continue for longer than 6 months then either one of Us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of the Parties in respect of any breach of these Terms occurring prior to termination. Any refunds may be considered at Our absolute discretion.
You agree that no other representations have been made by Us to induce You into entering into this Agreement and no modification to the Terms of this Agreement shall be effective unless in writing and signed by both parties.
This Agreement is made solely for the benefit of the Parties to it and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
You acknowledge that You have been given sufficient time to seek legal advice prior to entering into this Agreement.