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Program Participant Agreement

The Circling Institute
Authenticity – Connection – Transformation – Mastery

Thank you for signing up for a Circling Institute course or workshop, herein referred to as the “Workshop.” All Circling Institute courses and workshops are offered by The Circling Institute LLC, (which together with its subsidiaries, affiliates, nominees, licensees, and their successors and assigns, and those acting with its authority are herein referred to as “TCI”).

Because of the nature of the physical and emotional exercises in the Workshop, the valuable and proprietary nature of its content, and TCI’s mission to sustainably share this content with the world, this agreement is required before participating. Please note that the agreement includes, among other provisions, a Release of Liability, herein referred to as “Release.” The Release is intended to be a waiver of any and all liability and any right of legal action against TCI, its staff, course leaders, officers, board members and volunteers, herein referred to as “TCI Staff,” as a result of any action or omission connected with the design, planning or actual conduct of the Workshop. Acceptance into TCI workshops is subject to the approval of TCI, in its sole discretion. Your initials and signature to the entire agreement are required as a condition for participation, and will enable TCI Staff to serve you in the most effective way.

Assumption of Risk

I understand that the Workshop may be emotionally, mentally, and physically demanding. I understand that the course hours can be long in duration and that during the Workshop some of the participants and/or TCI Staff may occasionally use profanity and or engage in physical challenges. I understand that not all of the risks associated with the course activities occurring during the Workshop are known or foreseeable. I understand that any concepts, notions, ideas, suggestions, and recommendations from the Workshop or the TCI Staff that I accept and/or apply to my life, I do of my own free will. I acknowledge that I have assessed my own emotional, mental, and physical well being, and I have concluded that I wish to and am able to participate in the Workshop. I agree to disclose any psychological or physical health problems or limitations to TCI Staff prior to my participation in any part of the Workshop. Notwithstanding the foregoing, upon acceptance into the Workshop, I undertake and participate at my own risk regardless of any disclosures and continue to bear sole responsibility for my well-being.

Psychotherapy Disclosure

I understand that the TCI Staff, including the workshop facilitators, are not providing licensed therapy services to me under the laws of the State of California, or any other state or jurisdiction, and therefore TCI does not diagnose or treat mental disorders for a fee. Information conveyed within the Workshop sessions is not intended to be, and is not, a substitute for, diagnosis, treatment, or psychological advice. I agree that I am responsible for my own health, life, business and actions. The Workshop is not a substitute for psychotherapy and is not therapeutic in nature. I understand that any value I obtain from TCI or the Workshop, I obtain via my own free will and participation. I hereby forever release TCI from all liability from any adverse or negative reactions or effects that my experiences at the Workshop may have on me.

Release of Liability

I hereby forever release and hold harmless TCI, TCI members and managers, and TCI Staff, including their family, heirs and executors (the “TCI Released Parties”) (the “TCI Released Parties”) from any and all claims, injuries, liabilities, losses, expenses, costs, attorney’s fees, damages, or actions arising from or directly or indirectly related to my participation in the Workshop regardless of whether the nature of such claims be emotional, mental, psychological or physical, and regardless of whether such claims arise out of the active or passive negligence of the TCI Released Parties. To the maximum extent permitted by law and notwithstanding any other provision of this agreement, I agree to limit aggregate liability for any damages arising out of or related in any way to my participation in the Workshop to actual fees paid by me to TCI for the Workshop. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

I understand and acknowledge that this release applies to and includes all unknown or unsuspected consequences or results arising from this release. I understand that California Civil code § 1542 says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” I waive any and all rights and benefits under California Civil Code § 1542.

Indemnification and Dispute Resolution

I agree to defend, indemnify, and hold TCI harmless from any and all liabilities, losses, costs, damages, penalties, and any other expenses, including attorneys’ fees, arising directly or indirectly from either my actions or omissions, or my breach of any obligation imposed or sought to be imposed by this Agreement. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in San Francisco County, California in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.

Intellectual Property Rights & Restrictions

I understand that the Workshop, including its content, materials, format, and structure, are the intellectual property of TCI, and that unauthorized use, copying, and distribution of this property, in whole or in part, will interfere with and/or harm TCI. As a participant in the Workshop, I acknowledge that TCI grants me a worldwide non-exclusive non-transferable license to personally use, in a non-commercial manner, the teachings of the Workshop in my daily and professional life. In exchange for this grant and as a condition for participation in the Workshop, I agree not to do any of the following, without express written permission
from TCI: (1) copy or distribute any of the Workshop content or materials or create or distribute any derivative works based in whole or in part on the Workshop content or materials; (2) offer to train or train others in the practice of Circling®, unless previously certified in a TCI- recognized Circling training course; (3) use the name Guy Sengstock or the names of any of the other training staff in connection with any offer to train or in any training of others in any relational practice; and(4) use TCI trademarks (including, but not limited to, The Circling Institute, The Art of Circling, 6 or 7 Stages of Circling, The Sovereign, The Explorer, The Warrior, Deep Sea Diver, Deep Dive, Midwife, Integrator, The Art of Getting Someone’s World, or any confusingly similar marks).

All suggestions, comments, ideas, concepts, techniques, improvements, feedback or materials made by me relating to any TCI service or workshop (collectively, “Innovations”), whether or not protectable intellectual property, will be deemed to be TCI’s sole and exclusive property. I hereby assign ownership of each Innovation, and all related rights to each Innovation, to TCI. TCI has no obligation to make any payments to me with respect to any Innovations.

Warranties

I confirm that I have the right to enter this agreement. I confirm that such right does not conflict with any rights or interest of any third party. If I make or have made any statements about my personal opinions, findings, beliefs, experience or preferences regarding any products and/or services, I hereby certify that such statements are true and represent my current honest opinions, beliefs, findings or experiences.

TCI HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATED TO THE WORKSHOP AND/OR THIS AGREEMENT, AND TCI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

I understand that I am under no obligation to participate in the Workshop and that I do so at my own risk and of my own free will. I certify that I have read the entirety of this Workshop Participation Agreement and agree and accept its terms as stated above by checking the agreement box.

Addendum to Workshop Participation Agreement

Consent to Audio & Video Recording

I understand that parts of the Workshop may be audio or videotaped and/or photographed for the purpose of training and instructional products. I understand that whether I volunteer to ask a question, participate on stage or receive any feedback or not, my likeness and voice may be recorded during these times. I also understand that I will be informed during the training periods where this recording is happening.

I irrevocably grant TCI a perpetual, royalty-free worldwide license to use my likeness and voice whether in original or modified form, with respect to the audio, video and photographs taken of me by or on behalf of TCI, and to display for training or educational products related to the informational and instructional purposes of the program.

Further, I hereby waive all rights and release TCI from any and all claims, demands, actions, or cause of action of any kind, nature or description, which I, or any of my successors or assigns, may now, or at any time, have or claim to have for any reason of, arising out of, relating to, or in any way connected with the filming, taping, recording, broadcasting, distribution, exhibition, advertising, dissemination, or other exploitation of my voice or likeness.

Cancellation, Transfer & Refund Policy for Live Programs

The power of commitment is essential – especially in personal growth. This commitment is what makes possible a strong container for transformation during a weekend workshop or a full training program to ensure you complete the journey you began. We trust you have considered why you are taking this program, including the challenges that may arise and done your due diligence in assessing it as the right fit when you register for it. This especially applies to our longer training courses where we have a screening criteria and intake conversations to ensure it is a mutual fit to go ahead for all parties.

As such, TCI does not offer full refunds for our programs once you have registered for a weekend intensive or been admitted to one of our longer trainings.

However, we understand that sometimes the circumstances of your life may have changed
dramatically and/or an unanticipated event may have taken place that compromises your ability to continue the training. We have designed the longer trainings to allow for this kind of flexibility, pauses and any catching up needed. However, there may still be circumstances where we may mutually conclude that continuing the training no longer makes sense. All of this may require you to leave the training before you are able to complete it.

As such, we have designed a cancellation and refund policy, with a transfer option as well, that balances unusual circumstances with your commitment to the training.

In the scenarios below, we define a valid transfer as one of these 2 options:
i) Transfer to a subsequent weekend for the same training module.
ii) Transfer to another person to take the training instead of you (subject to TCI
approval; they must meet the requirements for the training).

Each transfer option is valid for a period of one year from the date of cancellation. After
that, the right to transfer is forfeited.

The Cancellation/Transfer policy for the single weekend workshop is as follows:
● 21 + days prior to the start of the workshop: Full transfer credit less $50
processing fee or refund less 20% of tuition for admin costs.
● 1-20 days prior to the start of the workshop : Transfer credit less 20% of tuition.
● Once program has commenced: No refunds or transfers available.
● If your participation negatively impacts our ability to conduct the training and/or the experience of other participants and does so in a manner that cannot be effectively resolved, the staff may come to the conclusion that continuing the weekend no longer makes sense for you. Under such circumstances, TCI may, in its sole discretion, ask you to leave the weekend and the refund policy stated above will apply.

Cancellation policy for course registration with multiple weekend workshop modules is
as follows:
● Any time prior to start of program: Refund less 20% of tuition.*
● If the program has started and you cancel your attendance for a weekend module that you signed up for, with less than 7 days notice before the start of the module (or are a “no show”), there will be a $100 fee to take that module again.
● No refunds will be issued after your program commences, or 30 days post
registration, whichever comes first. On a case by case basis, it may be possible to transfer the remainder of your pro-rated tuition (less a 20% administrative fee) to a future course, subject to availability and the sole discretion of TCI.

**
*Note: This assumes you have met the selection process for joining the course. If you
paid for registration but were not admitted to the course, you will be issued a full refund.

**Note: Your program begins the moment you participate in a program-sanctioned activity
(including Sovereign & Explorer, discounted Drop in Circling events, bonus coaching sessions, etc). Besides your own personal reasons for leaving, if you are unable to uphold some of the Art of Circling Course Commitments such that it significantly impacts our ability to conduct the training and/or negatively impacts the experience of other participants and does so in a manner that cannot be effectively resolved, the staff may come to the conclusion that continuing the course no longer makes sense for you. Under such circumstances, TCI, in its sole discretion, may ask you to leave the course and the refund policy stated above will apply.

This cancellation policy applies whether you pay in full or use a payment plan. In other words, if you cancel while still making payments making payments on a payment plan, you are obligated to fulfil the rest of your payments, less whatever refund applies as stated
above.

As you are aware, TCI promotes our programs, be they single weekend workshops or full trainings, well in advance. Once our programs become filled, we may stop promoting them based on expectation of turnout. Thus any requests for transfers or cancellations after that point will result in a loss of revenue for TCI. Due to the short notice, we also lose the ability to fill your spot and the revenue of potentially selling the new spot.

Moreover, once a program is already underway, TCI will have spent effort in training you, with expenses involved (staff hours, location fees, travel, etc.) There are also additional admin costs when a student leaves a program before completion.

Therefore, you agree by registering for a program through TCI that the cancellation policies described above are reasonable and bears in mind a fair estimate of the costs and/or damages incurred by TCI in the event of cancellation before or during a program, and are not intended as a penalty. This Policy will be strictly enforced and your cooperation is greatly appreciated.

All cancellations must be in writing and delivered via email to support[at]circlinginstitute.com. Voicemail and verbal correspondence do not constitute written cancellation notice, however we also request you contact us via phone with the contact number you are provided for the course supervisor if you wish to cancel.

Cancellation notice will be deemed to be the date on which TCI receives the written notification. Should the client fail to notify TCI in writing of any changes and not “attend” the event, there will be no refunds, credits or transfers available.

Anytime payments are made more than 3 days past the payment due schedule date you will be charged a $25 administrative fee. If you have elected a payment plan option, any returned checks or rejected credit card transactions may also result in the institution of a cash only policy for your account. You agree to pay reasonable attorneys fee and costs associated with the collection of any amounts owed here under.

All dates and locations are subject to change with prior written notice. Program pricing does not include food or lodging as part of the registration cost. Without limiting any of the terms described above in this transfer, cancellation and refund policy, TCI reserves the right, in its sole discretion, to cancel any program, or terminate your participation in any program, for any reason at any time, and refund the tuition paid by you for the cancelled programming.

Cancellation, Transfer & Refund Policy for Self-Study Programs

Due to the nature of these programs, all sales are final. We appreciate your integrity around not sharing login information for these programs with others. 

I hereby acknowledge I have read, understand and commit to this cancellation/refund policy.