GIR Student FINancial Agreement
GESTALT INSTITUTE OF THE ROCKIES
GESTALT INSTITUTE OF THE ROCKIES
STUDENT AGREEMENT
This Student Agreement (“Agreement”) is effective ___________________(date), by and between the following, each a “Party” and collectively “Parties”
Gestalt Institute of the Rockies (“Institute”), a Colorado limited liability company with its principal place of business at 4155 E. Jewell Ave. #1100 Denver, Colorado 80222, including its predecessors, successors, assigns, administrators, affiliated or subsidiary companies, and each of their present or former owners, officers, directors, agents, representatives, employees, faculty, contractors, staff, committees, fiduciaries, affiliates, trusts, insurers, and legal representatives; and
____________________________ (“Student”).
RECITALS
WHEREAS, the Institute in the business of training Students in Gestalt psychotherapy,
WHEREAS, Student desires to enroll at the Institute and receive training in Gestalt psychotherapy,
WHEREAS, the Institute and Student agree to contract for the provision of training by the Institute to Student; and
THEREFORE, subject to and in consideration of, the terms, covenants, and conditions herein, the Parties agree as follows:
Institute Rights and Responsibilities
1. Qualified Staff. The Institute will provide qualified and competent staff and faculty members in adequate number for the instruction, training, and personalized training (PT) of Students in Gestalt theory of psychotherapy, and in the furtherance of any program or activity at the Institute.
2. Competent Training. The Institute shall use best efforts to ensure that Students are competently trained in the Gestalt theory of psychotherapy, and adequately prepared to apply the Gestalt perspective to their professional careers and therapeutical relationships.
3. Non-Discrimination and Sexual Misconduct.
3.1 Non-Discrimination. The Institute shall not discriminate against any applicant or Student on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, or any other trait or status protected by law. The Institute shall retain the right to take affirmative, investigatory, or remediate action as appropriate to ensure that applicants and Students are treated without regard to their race, color, religion, sex, national origin, age, disability, sexual orientation, or any other trait or status protected by law.
3.2 Sexual Misconduct. The Institute does not tolerate sexual misconduct of any kind by any Institute staff or faculty member, or any Student. The Institute shall retain the right to take affirmative, investigatory, or remediate action as appropriate to ensure the safety of staff, faculty, applicants and Students. The Institute shall not retaliate against any individual for making a legitimate complaint of sexual misconduct.
4. Institute Policies and Procedures. The Institute shall retain the right to amend its policies and procedures at any time, with or without notice to Student.
5. Intellectual Property. Unless otherwise stated, proprietary information, trade secrets, and all materials created, distributed, or provided by the Institute are the intellectual property of the Institute. Copyright and other intellectual property laws protect these materials.
5.1 Intellectual Property may include, without limit:
a. Lists containing the names of past, present and prospective Students, employees, faculty, staff, resources, and referral sources;
b. Past, present and prospective methods, procedures, policies, operations, processes and techniques used by the Institute;
c. Compilations of information, records, methods, procedures, policies, operations, and processes which are used in the furtherance of the Institute’s business operations;
d. Recorded lectures and workings;
e. Educational materials, curricula material, and handouts;
f. Policies, procedures, and contracts; and
g. Trademarks and copyrighted material.
5.2 The Institute shall retain sole legal right to, and ownership of, all Intellectual Property.
5.3 The Institute may permit the sharing, transmission or distribution of Intellectual Property by Student with prior consent. In the event materials are shared, in whole or in part, with or without the Institute’s consent, such materials shall remain the intellectual property of the Institute, which shall retain sole ownership of materials.
6. Liability Insurance. The Institute may carry and maintain, at its own expense, commercially reasonable general liability coverage.
7. Authority for Admission, Enrollment, and Award of Certificate.
7.1 General Authority. The Institute shall retain sole authority to determine Student’s eligibility for admittance to, enrollment in, and continued enrollment in, any training, program, activities, or services offered by the Institute, including the Institute’s Certificate Program. The Institute shall not be liable for any claim or cause of action arising from or related to denying Student admittance to, or denying Student enrollment or continued enrollment in, any training, program, activities, or services offered by the Institute, including the Institute’s Certificate Program.
7.2 Certificate Eligibility, Authority and Non-Liability. The Institute shall retain sole authority to determine Student’s eligibility for receiving a Certificate in connection with the Institute’s Certificate Program. The Institute shall not be liable for any claim or injury arising from or related to the denial of a Certificate to any Student.
Student Rights and Responsibilities
1. Student Behavior and Ethics. Student shall adhere to the Institute’s policies and procedures regarding classroom behavior, and shall comply with all ethical and legal obligations attendant to their profession or license. Students shall conduct themselves in a professional manner that recognizes the rights and property of others.
2. Finances and Billing. Student shall comply with the Institute’s financial and billing policies, as well as Student’s obligations under any Financial Agreement between Student and the Institute.
3. Intellectual Property.
3.1 Student shall not transfer, sell, or reproduce, in any form, in whole or in part, directly orindirectly, any materials which constitute Intellectual Property without the Institute’s prior consent.
3.2 Student shall take reasonable measures to protect and safeguard Intellectual Property from disclosure, dissemination, or distribution.
3.3 Consent to Record. The Institute may videorecord lectures conducted during any course, including any course offered in-person, or online. By enrolling as a Student at the Institute, Student expressly consents to the recording by the Institute of Student during lectures. The Institute shall be the sole owner of any such recordings, which constitute Intellectual Property.
4. Personal and Therapeutic Relationships. Student may not complete personalized training (PT) with any faculty or staff member (“Institute Faculty”) with which Student has a familial, therapeutic, or interpersonal relationship.
5. Liability Insurance. Students who are practicing Gestalt principles in therapeutic settings outside of the Institute, including Students practicing Gestalt principles on clients, shall carry and maintain, at their own expense, professional insurance as required by their license, or any state or federal law. Upon written request, Student shall provide to the Institute a certificate evidencing professional liability coverage.
Mutual Rights and Responsibilities
1. Learning Environment. Student and the Institute shall, to the best of their abilities, work cooperatively to maintain a quality learning environment that prioritizes training in the Gestalt theory of psychotherapy.
2. Confidential Information. It is a core value of the Institute that its faculty, staff, and all Students uphold fundamental principles of confidentiality concerning information shared during any activity, class, lecture, working, and any Certificate Program activity. The Institute and Student agree to adhere to all applicable legal, professional, and ethical obligations regarding the confidentiality and privacy of Confidential Information which may be provided, shared, communicated, or otherwise known to the Institute and Student.
1.1 The Institute or Student may gain access to, and become familiar with, certain information about Student, other Students, and/or Student’s clients and patients (“Confidential Information”). Confidential Information includes, but is not limited to:
a. Student’s billing and financial information;
b. Personal identifying information such as Student’s address, phone number, and email;
c. Personal information shared by any Student while participating in classes, seminars, workings, PT, Certificate Program activities, and other activities offered by the Institute;
d. Information about patients, clients, and other individuals as shared by any Student or the Institute, including any information which may qualify as protected health information (“PHI”) subject to the Health Insurance Portability and Accountability Act (“HIPAA”), during Student’s training and participation in classes, seminars, workings, PT, Certificate Program activities, and other activities offered by the Institute.
1.2 The Institute and Student shall take reasonable measures to maintain in confidence Confidential Information, and shall not intentionally use, disseminate, or share Confidential Information for reasons other than the provision and furtherance of Student’s training and participation in educational services provided by the Institute.
General Provisions
1. Term and Termination of Agreement. This Agreement shall remain in effect for one (1) year from its date of execution. Notwithstanding the foregoing:
1.1 Student may terminate this Agreement at any time, with prior notice to the Institute of Student’s withdrawal from enrollment. Student shall be liable for payment of any outstanding bills and fees owed to the Institute in connection with their enrollment in any course or participation in PT.
1.2 The Institute may terminate this Agreement in its sole discretion with notice to Student:
a. If the health, safety, or welfare of Student, Institute faculty and staff, or any other Student is jeopardized by continuation of the Student’s enrollment and this Agreement.
b. If Student engages in conduct or is subject to any allegations or investigation that reflects poorly on the reputation of the Institute. Activities that reflect poorly on the reputation of the Institute include, but are not limited to, violations of law or a Student’s professional or ethical obligations, or participation by Student in academic dishonesty, sexual misconduct, discrimination, or hateful behavior.
c. For Student’s non-compliance with the Institute’s policies and procedures regarding classroom behavior, including disruption of trainings, workings, seminars, and other activities provided or delivered by the Institute.
d. If the Institute determines that Student is unable to manage personal mental health needs which disrupts the Institute’s provision of training, education services, Certificate Program activities, or any activity at the Institute.
e. For non-payment of course fees and card processing fees, PT fees, or any other fee related to the provision of training, education services, and any other activity at the Institute.
1.3 The Institute shall not be liable for any claim or cause of action arising from or related to termination of this Agreement based on a determination by the Institute under subsection 1.2 of this provision 1, including without limit any claim based on federal, state, and local constitutional, statutory, or common law, to the extent permitted by law.
2. No Therapeutic Relationship. This Agreement shall not create a therapeutic relationship between the Institute and Student.
3. No Employment Relationship. Student shall not be considered to be an employee of the Institute, and the Institute shall not be considered to be an employer of Student.
4. Liability Waiver. The Institute shall not be liable to Student for any claim or cause of action, including any third-party claims, for personal injury, property damage, or other loss against the Institute, whether or not such claim or cause of action, or third-party claim, arises from or relates to the Institute’s delivery and provision of training, educational services, the Institute’s Certificate Program, or any other activity.
4.1 The Institute shall not be liable for any claim or cause of action, including any third-party claim or cause of action, arising from or related to Student’s participation in courses, workings, seminars, PT, Certificate Program activities, or any other activity provided by the Institute.
4.2 The Institute shall not be liable for any claim or cause of action, including any third-party claim or cause of action, arising from or related to any professional or therapeutic relationship between Student and Student’s clients or patients.
4.3 Waiver of Claims. By enrolling as a Student at the Institute, Student hereby expressly waives and disclaims any and all claims, suits, or legal demands which may be asserted against the Institute by Student, or Student’s heirs, assigns, affiliates, or any other legal representative of Student, arising from or relating to Student’s participation in courses, workings, seminars, PT, Certificate Program activities, or any other activity provided by the Institute. Notwithstanding the foregoing, Student does not waive those rights which cannot be waived as a matter of law.
5. Indemnification. Student hereby agrees to indemnify, defend and hold harmless the Institute from and against any and all claims, causes of action, legal demands, liability, costs, and damages of any kind or character, including legal fees and expenses, arising out of or related to Student’s participation in courses, workings, seminars, PT, Certificate Program activities, or any other activity provided by or at the Institute.
6. Dispute Resolution. Any and all disputes arising out of, or in any way related to, this Agreement shall be resolved by binding arbitration including, without limit, claims arising in contract or tort, and claims related to any law, whether codified or not. Any such arbitration shall be conducted by the Judicial Arbiter Group, substantially in compliance with its Rules for Commercial Arbitration. In the event the Institute is the prevailing party, Student shall award reasonable costs and fees to the Institute. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction hereof.
7. Governing Law. This Agreement shall be governed by the laws of the State of Colorado.
8. Miscellaneous.
8.1 Entire Agreement. This Agreement contains a complete expression of the rights and obligations of the Parties and terminates and supersedes all other agreements, written or oral.
8.2 Amendments. Notwithstanding any termination provision, the Institute may modify or amend this Agreement as necessary.
8.3 Modification. If the scope of any provision contained in this Agreement is too broad to permit enforcement, such provision shall be deemed modified to the maximum extent enforceable by law, and the Parties agree to such modification.
8.4 Waiver and Severability.
a. A Party’s waiver of a breach of this Agreement shall not be deemed to constitute waiver of any other breach of this Agreement.
b. The invalidity of any provision of this Agreement will not affect the validity of any other provision.
8.5 Assignment. The Institute may assign this Agreement, including any amendment or modification to this Agreement, without written consent of Student.
8.6 Electronic Disposition of Document (Scanning and Photocopies). The Parties agree that the original documents, including signatures, may be scanned and stored electronically, and that any printout or other readable output, may be used for any purpose just as if it were the original.
WHEREFORE, the Parties agree to the terms, covenants and conditions of this Agreement.
Gestalt Institute of the Rockies: Student:
_______________________________________ _________________________________
Printed Name of Institute Representative Title Printed Name of Student
_______________________________________ _________________________________
Signature of Institute Representative Date Signature of Student Date