In consideration of the services provided by Scaling Up, a Nevada Limited Liability Corporation, (“Provider”), and to participate in the EMDR GAP Training (Formerly: EMDR Therapy Protocols for Early Intervention & Ongoing Traumatic Stress) (“Training”), you (“Participant” or “you” or “your”) understand that by registering for this course you are entering into an automatically binding agreement that you have read, agreed to and accepted the following:
Purpose. The purpose of the Training is to expand your clinical and research horizons as you learn and practice two AIP-informed procedures for accurate stress syndrome stabilization in individual and group formats and the two EMDR therapy protocols. (EMDR-IGTP and EMDR-PRECI) with more research in the EMDR early intervention and ongoing traumatic stress field. (EMDR means Eye Movement Desensitization and Reprocessing, IGTP means Integrative Group Treatment Protocol, and PRECI means Protocol for Recent Critical Incidents.)
Assumption of the Risk. Participant understands, agrees, and is aware of that:
- During the Training you will observe and/or participate in various therapy protocols and procedures that are designed to stimulate the receiving person which may also stimulate observers. The therapy protocols and procedures used in this Training haven’t been sufficiently tested to identify all potential side effects or negative reactions that may result from their use or observation of their use. If you are at all concerned about such side effects or reactions you should consult your own physician or therapist to determine if this Training would be appropriate for you.
- For in person events, there is a contagious nature of the Coronavirus/COVID-19 and its varying strains (“the virus”) or other communicable diseases. Practicing social distancing, mask wearing and limited contact with others can help you avoid contracting the virus, but it is not a guarantee. Participant understands that even when precautions are put in place to reduce the risk, there is no guarantee that Participant will not contract avirus or disease.
Waiver and Release of Liability. Participant releases and promises not to sue, discharge, and hold harmless the Company, its employees, agents, representatives, and its clients of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to said Claims. Participant understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of the Company, its employees, agents, representatives, and its clients, whether a COVID-19 or other communicable disease infection occurs before, during, or after engaging the Company in person; this also includes any weather related disasters, slip and fall experiences or any other injuries experienced by a participant.
Acknowledgment of Risk. Participant knowingly and voluntarily seeks to enter into this Agreement and acknowledges that risk to exposure is increased by doing so. Participant agrees and understands that compliance with safety procedures is mandatory to reduce the spread while in proximity to the Company and the other program participants.
Indemnification. You, individually, and on behalf of your respective heirs, successors, assigns, and personal representatives, agree to indemnify, defend, and hold harmless Provider from and against any loss, damage, liability or cost (including all reasonable attorneys’ fees), including but not limited to bodily injury or property damage that may occur as a result or arising out of your presence or participation in the Training in any way or engaging in any Provider sponsored event, activity, discussion, including but not limited to engaging on Provider’s website.
Governing Law. This Agreement is made in and will be governed by and construed in accordance with the laws of the State of Nevada, without reference to principles of conflict of laws or choice of laws.
Disputes and Arbitration. The Parties will attempt to resolve any controversy or dispute in connection with this Agreement on an amicable basis, through their prompt good faith discussions or non-binding mediation. Once a Party notifies the other of a dispute and invokes this paragraph, the Parties shall have 45 days (or such longer period as they may agree) within which to negotiate a resolution. At the end of 60 days, either Party may initiate arbitration with the commercial rules of the American Arbitration Association. Any controversy or claim arising out of this Agreement will be settled by arbitration before a single arbitrator in Washoe County, Nevada.
Attorney Fees. If any action is instituted under this Agreement, the party prevailing will be entitled to recover, in addition to costs, reasonable attorney fees incurred in the preparation, prosecution, or defense of such arbitration, suit, or action as determined by the arbitrator or trial court, and, if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.
Severability. All provisions of the Agreement are severable. The determination that any particular provision or term is illegal or unenforceable shall have no effect upon the remaining terms of the Agreement.
Informed Consent. You represent that you are at least eighteen (18) years old and fully competent to give your consent and that you have been sufficiently informed of the risks involved and give your voluntary consent in signing it as your own free act and deed. You agree and are giving your voluntary consent in signing this Participant Waiver, Release & Covid Vaccination Policy as your own free act and deed with full intention to be bound by the same, and free from any inducement or representation.
Photo & Video Consent
Scaling Up LLC may be taking photos and video recordings throughout the Training to be used for marketing purposes. If a Participant does not want their photo to be taken throughout the Training please inform a Scaling Up staff person to opt out.
Video Recording Consent For Online Trainings
Scaling Up LLC may be recording the live, online training sessions. Participants will be required to keep their video on during the Training, so it is vital that participants present on video with professionalism and awareness. The participant is responsible for their voice and appearance during this time, knowing that it will be recorded and potentially shared with others.
ACKNOWLEDGEMENTS
I understand that I may not participate in the Training unless I sign this Agreement.
I AGREE THAT I AM PARTICIPATING IN THE TRAINING ENTIRELY AT MY OWN RISK. I UNDERSTAND THAT THE TRAINING INVOLVES CERTAIN INHERENT RISKS, INCLUDING THE RISK OF PHYSICAL INJURY AND PROPERTY DAMAGE, AND THAT BY SIGNING THIS AGREEMENT I AM ASSUMING FULL RESPONSIBILITY FOR THESE RISKS AND FOREVER GIVE UP MY LEGAL RIGHT TO SUE OR OTHERWISE CLAIM AGAINST ACTIVITY PROVIDER FOR ANY INJURY, PROPERTY DAMAGE, OR OTHER LOSS THAT I MAY SUSTAIN DUE TO MY PARTICIPATION IN THE ACTIVITY WHETHER OR NOT DUE TO COMPANY'S NEGLIGENCE.