eutaptics® Training Seminar & EmotionalED Educator Agreement

eutaptics® Training Seminar & EmotionalED Educator Agreement 

BACKGROUND

• Skills to Change Institute, Inc. (“STCI”) is an Oklahoma Corporation, having an address of 3621 NW 50th Street, Oklahoma City, Oklahoma 73112, and strives to be the number one international network for personal development through its teachings of the eutaptics® Techniques.

• Robert G. Smith (“RGS”) is a personal success coach, Neuro-linguistic Programming (“NLP”), and stress relief Practitioner with a mission to bring personal performance tools to the attention of others.

• RGS’s quest is a spiritual one and, accordingly, RGS is an ordained minister with a message that “You can live a stress-free life and be successful in everything you do,” and a goal to give individuals the tools to live a happy and successful life.

• In this seminar or session, Participants (“You”) will learn new ways to take control of your life and will see a demonstration of personal improvement tools.

• During the seminar, RGS is the leading actor playing a role to help you discover and clear your own personal issues.

• RGS has studied many forms of alternative healing, processes, methods, and techniques, has gained knowledge about how the mind and body works, and has used his education and experiences to develop a system of processes, methods, and techniques for personal improvement (“eutaptics® Techniques”). The eutaptics® Techniques covered in this course have been highly successful and used by many.

• You desire to learn from RGS in the eutaptics® Techniques and to receive a Certificate of Completion in eutpatics® EmotionalED for Educators and Support Staff Training Program.

  AGREEMENT BY PARTICIPANT 

• The term “Agreement” refers to the eutaptics® Training Seminar, Recorded Private Sessions and EmotionalED Educator Agreement and any additional guidelines referenced herein including, but not limited to, the Participant Manual, the eutaptics® Code of Ethics, and the eutaptics® Code of Conduct, which are hereby incorporated by reference in their entirety.
• The terms “Recorded Private Sessions” "Certified eutaptics® Practitioner” and “eutaptics® Practitioner” refer to a person who has completed all of the eutaptics® Certified Practitioner requirements, including but not limited to, seminars, recorded sessions, written materials, and training hours. "EmotionalED Educator" or "Educator" refers to a person who is currently in or has completed all of the requirements for the eutaptics® EmotionalED for Educators and Support Staff Program.
• The term “eutaptics® Techniques” refers to the teachings, processes, methods, modalities, and techniques for personal improvement developed by RGS.

• The terms “I” and “You” and “You” refer to the Participant who completes and signs Page 8 of this Agreement.

• The term “Educator” refers to an individual attending a eutaptics® Seminar, Webinar or Live Online Hybrid; or participates in a eutaptics® Online Training, regardless of whether the Educator becomes, or plans to become, a “Certified eutaptics® Practitioner.”

• The term "seminar" or "training" refers to any training, whether online or live, wherein you will be interacting with RGS, Upper-Level Practitioners, Assistants, Facilitators and/or will be recorded for educational and training purposes.

2. ASSUMPTION OF RISK; NO INSURANCE

• You are responsible for Your emotional and physical well-being both during and after this Seminar. You understand that it is common for people to have reactions to the use of the eutaptics® Techniques and that You are responsible for Your reactions. You further understand that sensitive and/or traumatic subject matter including, but not limited to, sexual abuse, may be discussed during the Seminar. You will instruct others whom You help with the eutaptics® Techniques to take complete responsibility for their emotional and physical well-being.
• Before participating in the seminar, You will inspect the facilities, products, and equipment to be used for the Seminar and if You believe anything is unsafe, You will immediately advise an official of the seminar of these conditions and refuse to participate or attend until the conditions are corrected to Your satisfaction. RGS and STCI have made no representation to You as to the suitability, condition, or safety of the facilities, products, or equipment involved in the seminar. You understand that Your own actions, inactions or negligence or the actions, inactions or negligence of others or the condition of the facilities, products or equipment, may be hazardous to You or Your property.
• Further, there may be other risks not known to You or reasonably foreseeable at this time. You understand and You have considered and evaluated the nature, scope and extent of the risks involved, and You voluntarily and freely choose to assume these risks. You warrant that You are physically and mentally able to fully participate in this seminar. You consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of on-site personnel, You require medical care. Without limiting section 2, You further agree to pay all costs associated with such medical care and to indemnify and hold harmless the released parties (defined below) from any costs or claims arising from or relating to such medical care.
• You understand that neither RGS nor STCI nor any other Released Parties provide You with any insurance (including but not limited to life, medical or liability) for any illness, accident, injury, loss or damages that may arise in connection with Your participation in or attendance at the Seminar. If You want insurance of any kind, You must obtain Your own. You will pay Your own medical emergency expenses and all subsequent medical expenses associated with any illness, accident or injury in connection with the Seminar. If You become ill, involved in any accident or injured during Your participation in the Seminar, You will promptly report such illness, accident or injury to a STCI representative.

3. DISCLAIMER

• RGS is not a psychologist, dietician, medical doctor, or a therapist and has no licensing or formal training in these fields.
• The eutaptics® Techniques are not intended to diagnose, treat, cure, or prevent any disease. The eutaptics® Techniques should not be misconstrued as a prescription, a promise of benefits, claims of cures, or a guarantee of results to be achieved. The information, instruction or advice given by RGS and STCI is not intended to be a substitute for competent professional medical or psychological diagnosis and care.

4. INTELLECTUAL PROPERTY OWNERSHIP

• You understand that STCI owns the trademark eutaptics® (the “Trademark”) and has used the Trademark throughout the world in connection with the educational services, processes, methods, and techniques for personal improvement, pre- recorded DVDs and audio tapes, course materials, printed materials, a website, webinars, blogs, seminars, and other related goods and services.
• You understand that STCI owns the Domain Name eutaptics.com, FasterEFT.com, Skillstochange.com and RobertGene.com (the “Domain Names”) all related goodwill. All rights in the Domain Names are reserved by STCI.
• You understand that STCI owns several works, including but not limited to, pre- recorded DVDs and audio tapes, course materials, teaching manuals, including, but not limited to, the Participant Manual, the Facilitator Manual, other printed material, diagrams, pictures, and charts (collectively, the “Copyrighted Works”).
• STCI and RGS are the exclusive owners of the Trademark, the Copyrighted Works, the Domain Names, and certain confidential and proprietary information You may be exposed to as part of your studies and participation as an Educator (collectively, the “Intellectual Property”). You shall not misconstrue anything contained in this agreement as an assignment of any or all STCI’s Intellectual Property. STCI expressly reserves all rights not expressly granted to You under this Agreement.
• You shall not use or apply to register any trademarks or copyrights which include any of the Copyrighted Works, or any portions or derivation thereof, nor the Trademark or any trademark or tradename or derivation confusingly similar to the Trademark. You shall not use any domain name which is confusingly similar to the Domain Name, nor shall You use any domain name that would tarnish the reputation of the Trademark or the Domain Name. Further, You shall not challenge, nor assist anyone in challenging, STCI’s and RGS’s ownership of its Intellectual Property.

5. LICENSE TO USE THE TRADEMARK

• You understand and agree that Educators and Seminar Participants who are not yet Certified eutaptics® Practitioners are granted limited permission to use the name eutaptics® when referring to the eutaptics® Techniques that the Educator is offering to a client as part of the Educator’s training. You shall not refer to Yourself as a eutaptics® Practitioner or any associated Certifications, such as but not limited to FasterEFTTM Practitioner, until You have completed all requirements for Level I, II, and III and until STCI has awarded You, in its sole discretion, with a eutaptics® Practitioner Certificate.
• Upon (and only upon) becoming a Certified eutaptics® Practitioner, STCI grants to You a non-exclusive, non-transferable, non-sublicensable license to use the Trademark in connection with promoting and advertising the eutaptics® Techniques and in connection with identifying Yourself as a “eutaptics® Practitioner.” This license to use the Trademark is subject to the eutaptics® Code of Conduct, the eutaptics® Code of Ethics, and any other guidelines and/or policies administered by STCI.
• Any goodwill derived from Your use of the Trademark shall insure to the benefit of STCI.

6. USE OF THE TRADEMARK; QUALITY CONTROL; BRAND PROTECTION

• Any offering of eutaptics® Techniques by a Certified eutaptics® Practitioner shall refer to the Trademark. You shall strictly comply with the directions of STCI regarding the form and manner by which the Trademark is used.
• Apart from the Trademark, no other trademark or logo may be used in connection with the offering, promotion, marketing, or advertising of the eutaptics® Techniques.
• All advertising, promotional, and communication activities, whether in writing or in electronic form, that You undertake must be in good taste, must display a high quality consistent with the branding standards of STCI, and must always reflect favorably on RGS, STCI, and the eutaptics® brand. You shall not defame STCI, RGS, or the Trademark or refer to STCI, RGS, or the Trademark in a disparaging manner. You shall not do, omit to do, or permit to be done, any act which will dilute or tarnish or bring into disrepute the reputation of or goodwill associated with STCI, RGS, or the Trademark.
• Upon the request of STCI, You shall, at Your own expense, submit to STCI for review and approval, prior to use, all advertisements and promotional materials you develop. in the event that STCI rejects any of Your advertising or promotional materials, it shall use reasonable efforts to give you written notice of such rejection within thirty (30) days of receipt by STCI of the materials. If STCI requires additional information concerning Your plans and materials, it may extend the approval period for a reasonable period of time following the receipt of the additional information. If STCI does not reject the materials and/or plans within thirty (30) days of receipt of such items, plus any such additional time as reasonably required, the items will be deemed approved. in order to protect the Trademark, STCI shall have complete and absolute discretion when deciding whether to approve Your advertising and promotional materials, plans, programs, or activities and/or require You to stop using any materials, plans, programs, or activities, even if STCI approved them previously.

7. USE OF COPYRIGHTED WORKS

1. You understand and agree that in order to protect and preserve STCI’s rights in the Trademark and the goodwill which ensures thereto, You shall read, watch, and become familiar with the Copyrighted Works.

2. You may use and reproduce the Copyrighted Works for personal use and reproduction and for furthering Your ability to offer high-quality services and eutaptics® Techniques to clients. You shall not sell, modify, prepare derivative works of, distribute, or publicly display the Copyrighted Works without the express written permission of STCI.

8. INTELLECTUAL PROPERTY PROTECTION AND ENFORCEMENT

• You shall immediately notify STCI in writing giving reasonable detail if any of the following matters come to Your attention: (a) any actual, suspected or threatened infringement of the Intellectual Property; (b) any actual, suspected or threatened claim that the Intellectual Property is invalid; (c) any actual, suspected or threatened opposition to the Intellectual Property; (d) any actual, suspected or threatened claim that use of the Intellectual Property infringes the rights of any third party; (e) any person applies for, or is granted, a registered trademark by reason of which that person may be, or has been, granted rights which conflict with any of the rights granted to You under this Agreement; or (f) any other actual, suspected or threatened claim to which the Intellectual Property may be subject.
• With respect to any of the matters listed in Section 8.1: (a) STCI shall decide, in its sole discretion, what action if any to take; (b) STCI shall have exclusive control over, and conduct of, all claims and proceedings; (c) You shall provide STCI with all assistance That STCI may reasonably require in the conduct of any claims or proceedings; and (d) STCI shall bear the cost of any proceedings and shall be entitled to retain all sums recovered in any action for its own account.

9. SHARING eutaptics®

• Practitioners-in-training, Educators-in-training and certified practitioners are encouraged to give presentations about eutaptics®. However, RGS is the sole practitioner who may teach eutaptics® through training, seminar, course, webinar, mentorship, during sessions and in any other way.
• During presentations, Practitioners/Educators can share general, overall information on how eutaptics® works and why. Practitioners/Educators can also show people how to tap on themselves. Practitioners/Educators are not allowed to share ANY specific eutaptics® techniques, including the Quick Tap and the full A.R.T. OF CHANGETM assessment and process. A list of information that you may share during your presentations is available at the office of Skills To Change Institute, Inc.
• Skills To Change Institute Inc. is the sole issuer of eutaptics® certificates.
• Breach of these terms will result in temporary or permanent suspension from registration and/or removal of eutaptics® Certification. A lawsuit will be initiated.

10. USE OF eutaptics® TECHNIQUES

• You understand that RGS’s modalities and the eutaptics® Techniques are designed to facilitate personal change and provide growth opportunities.
• You will use the eutaptics® Techniques under the supervision of a qualified therapist or physician. You will not use these techniques to try to solve a problem when Your common sense tells You it is inappropriate. YOU WILL NOT USE THESE TECHNIQUES TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MAKE ANY SUCH CLAIM.
• Subject to the other provisions of this agreement, You may use any of the eutaptics® Techniques described on behalf of Yourself or others. However, You shall not hold Yourself out as eutaptics® Practitioner until You have completed all requirements for the Certification and until having received a Certificate of Completion from STCI.
• You shall use the eutaptics® Techniques in accordance with the eutaptics® Code of Ethics and the eutaptics® Code of Conduct.

11. AUTHORIZATION TO USE IMAGE AND LIKENESS

• Robert Smith and the Institute and others may photograph, film or videotape you or your child. You hereby irrevocably permit, authorize, license, and grant to RGS and/or STCI and the other Released Parties the right in perpetuity and throughout the world, with no further compensation to You, to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create, derivative works, exploit, sell, rent, license, otherwise use, and permit others to use - Your (or your child’s) photograph, video or film portrayal, audio recording, image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, quotes, comments or any other personal characteristic or physical or vocal likeness, and all materials (“Materials”) created by or behalf of RGS and/or STCI that incorporate any  of the foregoing or any materials based on or derived from these materials, for any purpose, which may include, but not limited to, commercial display, public relations, marketing, publicity, packaging, promotion of RGS or STCI, or designs and in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications, electronic, magnetic, and optical media, television broadcasts, display, point of sale, and other advertising and promotional materials, press releases, the internet.  You shall have no right of approval and YOU WAIVE ANY CLAIM (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON INVASION OF PRIVACY, DEFAMATION AND RIGHT OF PUBLICITY) ARISING OUT OF ANY USE, BLURRING, ALTERATION, DISTORTION, ILLUSIONARY EFFECT, OR ANY USE IN COMPOSITE FOR OF YOUR NAME, PICTURE, LIKENESS, VOICE OR BIOGRAPHICAL INFORMATION. The Released Parties shall have no obligation to use any of the rights You grant. 

• You represent that recordings, including the Copyrights thereto, taken during in relation to STCI and/or RGS shall be exclusively owned by STCI. You hereby irrevocably transfer and assign to STCI your (and/or child’s) entire right, title, and interest, if any, In and to the Materials and all copyrights in Materials and all copyrights in the Materials arising in any jurisdiction throughout the world, including the right to register and sue to enforce such copyrights against infringers. 
• You acknowledge that it is unnecessary for any Released Party to obtain further permission from or to pay any third party in connection with the rights granted in this paragraph.  Any and all photographs and/or video and audio   recordings, including the Copyrights thereto, taken in relation to STCI and/or RGS shall be exclusively owned by STCI and RGS. You hereby irrevocably transfer and assign to STCI and/or RGS your (and/or child’s) entire right, title, and interest, if any, In and to the Materials and all copyrights in Materials and all copyrights in the Materials arising in any jurisdiction throughout the world, including the right to register and sue to enforce such copyrights against infringers. 

• You acknowledge and agree that you (and/or your child) have no right to review or approve Materials before they are used by STCI and/or RGS, and that STCI and/or RGS has no liability to You (and/or you child) for any editing, alteration, or distortion of the Materials. 

• You acknowledge and agree that you cannot reproduce or distribute the Materials without STCI’S expressed written permission, and you will not post pictures or discuss the products that are used during any photo shoot on any social media platforms.

12. FEES  

• In exchange for receiving eutaptics® Training and training materials, including the Participant Manual, and in exchange for any rights and privileges granted herein, You agree to pay the fee determined by STCI. 

13. MISCELLANEOUS 

• All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Oklahoma. You agree that any claim or dispute arising out of or relating to this Agreement shall be resolved by a court located in Oklahoma County, Oklahoma or the Northern District of Oklahoma. You agree to submit to the personal jurisdiction of the courts located within Oklahoma County, Oklahoma or the Northern District of Oklahoma for the purpose of litigating all such claims or disputes. 

• If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement supersedes any oral or prior written statements.  

• Any determination by RGS or STCI as to any eutaptics® Certification is final. You can withdraw from the Seminar at any time, but You cannot terminate, cancel, or revoke this Agreement for any reason.  

• This Agreement may not be modified except by a written agreement that specifically refers to the provision or provisions to be amended and that is signed by an authorized representative of STCI.  

• You are not a joint venture of STCI or any other Released Party. You understand that Your participation in the Seminar does not form an employment relationship between You and STCI or any other Released Party.

SIGNATURE

By signing below, I, PARTICIPANT, certify that I have fully read and understood the eutaptics® TRAINING SEMINAR AND EmotionalED EDUCATOR AGREEMENT: