Focalizing Practitioner Program Terms & Conditions

 I, the participant, hereby agree to the following Waiver of Liability, Consent, and Release Agreement, in connection with my participation and purchase of The Focalizing Practitioner Course with Nick Werber, Jo Miller, and The Focalizing Institute (the “Program”):

1. I am at least 18 years of age. I am voluntarily participating in the Program and accept complete responsibility for my own medical, health, mental, emotional, psychological, spiritual and bodily wellbeing. I recognize that the Program requires physical or mental relaxation as well as some exertion, which may be both relaxing and strenuous and can cause beneficial physical (or other) changes and increased vitality as well as injury and unanticipated physical or mental challenges. I understand that it is my responsibility to consult with a qualified health authority (as determined by me) prior to and regarding my participation in the Program. I represent and warrant that I am adequately fit and of sound ability to take responsibility for my choice to participate in the Program. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured.

2. I understand that this Program is not therapy or psychological counseling and is not a substitute for the treatments or services ordinarily provided by health care professionals for physiological or psychological complaints. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the practices, and teachings, offered in this Program. I understand that the information and or practices offered are not a substitute for the treatments and or services ordinarily provided by health care professionals. If I need or desire medical treatment, therapy, or psychological counseling, I will seek it from a licensed provider. I understand that if I desire or need medical treatment, psychological counseling or therapy during, or as a result of, my participation in the Program, I will not receive this from any of the Program staff. I confirm that I am well physically, psychologically, and emotionally, and commit to being responsible for my own well-being during, and after, the course of this Program.

3. I acknowledge that during the Program I will receive information including, but not limited to embodiment, physiology, meditative practices, interpersonal relationships, and family relationships. I recognize that I am participating voluntarily in practices pertaining to embodiment and personal coaching. My decision to participate in this Program is a personal decision. No one has made any promises or warranties as to the results or benefits I may receive or as to any specific results I may realize from my participation in this Program.

Although anyone may find these practices useful, they are made available with the understanding that we are not engaged in presenting specific medical, psychological, emotional, sexual or spiritual advice. There is no context for physical, psychological, emotional, sexual or spiritual abuse in these practices. Nor are these practices intended to be diagnoses, prescriptions, recommendations, or cures for any specific kinds of medical, psychological, emotional, sexual, or spiritual problems. Each individual has unique needs and these practices cannot take these individual differences into account.

Each person should engage in a program of treatment, prevention, cure, or general health only in consultation with a licensed, qualified physician, therapist or other competent professional.

4. USE OF RECORDINGS: I acknowledge and understand that all classes are recorded and that elements of the Program, specifically the presentations by the Program teachers, may be repurposed by the The Focalizing Institute. The repurposing may include, but is not limited to, using excerpts or segments of the teacher presentations in future educational materials, promotional content, or for other educational purposes.

The Program provider acknowledges and agrees that my contributions during the Program calls, including any discussions, questions, or comments made by me, shall remain confidential. The Program provider shall not use or disclose my contributions to any third party outside the Program teaching team without obtaining my explicit consent

5 I do, on my own behalf, my assigns, executors, guardians and all other legal representatives, hereby release, discharge, waive, and forever relinquish the Program, Nick Werber Integrative Coaching LLC, Jo Miller, The Focalizing Institute and each of their agents, employees, officers, directors, Program/workshop assistants, employers and any other person associated with the aforementioned persons and entities (collectively, the “Released Parties”), from any and all known or unknown claims resulting from, arising out of or in any way connected to the Program. I further agree that under no circumstance will I attempt to present any claims against, prosecute, sue, seek to attach any lien for any purpose including satisfaction of a judgment or other judicial decree, to the property of the Released Parties. I hereby waive all claims, demands, compensation and all actions that I or anyone associated with me currently or hereafter may have for any injuries or perceived injuries or perceived or real losses I may suffer or believe to suffer because of my participation in the Program.

6. I understand and agree that in the event a third party were to bring any claim for damages against the Released Parties or any person associated with the Released Parties as a result of my actions, omissions, or other act, that I and/or my estate shall indemnify and hold harmless the Released Parties and all persons associated with the Released Parties from, any and all claims, actions or damages, legal and otherwise made by me or anyone associated with me including costs and expenses (including reasonable attorneys’ fees) associated with defending such actions or claims.

7. I am aware that there is no obligation for any person to provide me with medical or mental health support during, or after, the Program. I understand and acknowledge that: (a) there will be no private coaching available for the Program or for any type of medical or mental health support.

8. CERTIFICATION REQUIREMENTS: I understand that I must complete all requirements to receive the practitioner certificate. In addition to various reading material and exercises, I understand that I will need to attend 10 of the 12 classes live via Zoom, and I must complete three 1:1 sessions that are scheduled outside of class.

9. INTELLECTUAL PROPERTY: The sessions that I participate in are private and confidential and participation is only permitted by the Program members who have paid tuition to participate in the Program. I understand that I am not permitted to share any private login details for any of the Program sites and/or sessions with individuals who have not paid for the Program - this includes inviting non-paid individuals to share a computer screen with me during the group practice sessions. If it is found that I shared materials designed for paying students or violated the confidentiality of fellow students I will be released from the Program, my tuition will be forfeited and the parties involved may choose to pursue legal action. I understand that if legal action is pursued I am liable for all legal expenses associated with any claims.

10. REFUND POLICY: You can withdraw and receive a refund 2 weeks prior to the course start date. A cancellation fee of $300 for the U.S cohort or £240 for E.U. will apply in this instance.

In the instance that you need to withdraw from the course for personal reasons program trainers can discuss the option of transferring to another cohort in the future.

11. FORCE MAJEURE: The Program and Released Parties are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, fire, flood, natural disasters, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, governmental regulation or advisory, recognized health threats as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies (including but not limited to the health threats of COVID-19, H1N1, or similar infectious diseases), curtailment of transportation facilities, or other similar occurrence beyond control of the Program and Released Parties, where any of those factors, circumstances, situations, or conditions or similar ones prevent, dissuade, or unreasonably delay at least 90 percent of prospective Program attendees from participating in the Program, or where any of them make it illegal, impossible, inadvisable, or commercially impracticable to hold the Program or to fully perform the terms of the Program Agreement. If any of those circumstances arise, The Focalizing Institute will automatically transfer your enrollment to the next Online Training Program.

12. EMAIL OPT-IN: By registering for this Program, I agree to subscribe to Nick Werber's mailing lists to receive occasional newsletters, Program email communications and information about future events. I understand that I can opt-out at any time.

13. SPAM: I agree not to use the Program to grow my personal business and therefore agree to not solicit my business to any other participants in the Program or associated Events. If I am a coach, I explicitly agree not to coach or advise other Program participants, solicit participants as clients, and not to form any outside groups with Program participants without the written consent from The Focalizing Institute.

I understand that I am strictly prohibited from using this Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. I understand that I am strictly prohibited from adding The Focalizing Institute internal email addresses to my email list without a specific request or opt-in by The Focalizing Institute and their associates.

14. PARTICIPANT CONNECTIONS: I understand that this Program is a sacred container for personal practice. As a participant of this Program, I agree to honor the boundaries of other participants. There may be times when I will be instructed to privately message or connect with other participants within the context of structured practices. I otherwise agree not to connect, flirt, hit on, or solicit other participants.

15. CONFIDENTIALITY: I agree to keep all my fellow participant’s identities, stories, and personal information strictly confidential.

16. This Agreement contains the parties’ entire understanding relating to the subject matter contained therein and cannot be changed, modified or terminated except by an agreement signed by both parties. I specifically agree that if any provision of this Agreement is found to be invalid or unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction. This Agreement shall be interpreted, construed and governed in all respects under the laws of the State of New York, which state shall be the forum for any legal proceedings arising hereunder.

I HAVE READ THE ENTIRE AGREEMENT, FULLY UNDERSTAND ITS TERMS AND CONDITIONS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING ANY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM PURCHASING THIS PROGRAM FREELY AND VOLUNTARILY. I HAVE HAD THE OPPORTUNITY AND RIGHT TO CONSULT WITH LEGAL COUNSEL PRIOR TO PURCHASING THIS AGREEMENT.

Contact Information

If you have any queries regarding the terms & conditions, please contact us below about using one of these email addresses:

U.S. Cohorts: masha@theinstitute.org

E.U. Cohorts: hayley@theinstitute.org