eutaptics® FasterEFT™ Terms of Agreement
Tap-Along Sessions Only
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® FasterEFT™ Techniques. Robert Gene Smith (“RGS”) is a personal success coach, Behavioral Engineer, Neuroplastican, an International trainer who is on a mission to give individuals the tools to live happy and successful lives. In this Tap-Along session, Participants will learn personal improvement tools, known as eutaptics® FasterEFT™ Techniques, to take control of their lives, and will see live demonstrations led by RGS, eutaptics® FasterEFT™ creator and CEO.
AGREEMENT BY PARTICIPANT:
The term “Agreement” refers to any eutaptics® FasterEFT™ “Tap-Along Session” offered online through the STCI. The term “eutaptics® FasterEFT™ Techniques” refers to the teachings, processes, methods, modalities, and tools for personal improvement developed by RGS and shared in every Tap-Along Session. The terms “I” and “You”, “Your”, and “Yourself” refer to the Participant who completes and signs this Agreement.
ASSUMPTION OF RISK; NO INSURANCE
You are responsible for your emotional and physical well-being both during and after every Tap-Along Session. You understand that it is common for people to have reactions to the use of the eutaptics® FasterEFT™ Techniques and that You are responsible for
any and all reactions. You further understand that sensitive and/or traumatic subject matter including, but not limited to, sexual abuse, may be discussed during any Tap-Along Session. You take complete responsibility for Your emotional, mental, and physical well-being. You warrant that You are emotionally, mentally, and physically able to fully participate in any Tap-Along Session. 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 any online Tap-Along Session.
RGS is not a psychologist, dietician, medical doctor, or a therapist, and has no licensing or formal training in these fields. The eutaptics® FasterEFT™ Techniques are not intended to diagnose, treat, cure, or prevent any disease. The eutaptics® FasterEFT™ Techniques should not be misconstrued as a prescription, a promise of benefits, claim of cures, or a guarantee of any desired results. 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.
SHARING and USE of eutaptics® FasterEFT™ Techniques
You understand that RGS’s modalities and the eutaptics® FasterEFT™ Techniques are designed to facilitate personal change and provide growth opportunities. RGS is the sole practitioner who may teach eutaptics® FasterEFT™ through professional training, seminars, courses, webinars, mentorship, during sessions and in any other way. You are not allowed to share ANY specific eutaptics® FasterEFT™ techniques learned during the Tap-Along session. For any medically diagnosed illness, mental or physical, You will use the eutaptics® FasterEFT™ Techniques under the supervision of a qualified therapist or physician. YOU WILL NOT USE THESE TECHNIQUES TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MAKE ANY SUCH CLAIM. You will not use these techniques to try to solve a problem when Your common sense tells You it is inappropriate.Subject to the other provisions of this agreement, You may use any of the eutaptics® FasterEFT™ Techniques described on behalf of Yourself. However, You shall not hold Yourself out as a eutaptics® FasterEFT™ Practitioner unless You have completed all requirements for the eutaptics® FasterEFT™ Certification and until having received a signed Certificate of Completion from STCI.
RELEASE FROM LIABILITY AND COVENANT NOT TO SUE
You will take sole responsibility for how You use the eutaptics® FasterEFT™ Techniques, and will not hold RGS or STCI or anyone else responsible for any claims made by anyone. You understand that neither RGS nor anyone else will be responsible for what You do with these Techniques. YOU FULLY AND FOREVER RELEASE AND DISCHARGE RGS AND STCI AND ITS RESPECTIVE CLIENTS, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND INSURERS (EACH, A ”RELEASED PARTY”, AND COLLECTIVELY, ”RELEASED PARTIES”) FROM ANY AND ALL INJURIES (INCLUDING, BUT NOT LIMITED TO, DEATH), LOSSES, DAMAGES, CLAIMS (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES AND ANY OTHER LIABILITY OF ANY KIND, OR TO YOU, YOUR PROPERTY, OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SEMINAR, EVEN IF IT IS DUE TO THE NEGLIGENCE, INJUDICIOUS ACT, OMISSION OR OTHER FAULT OF A RELEASED PARTY. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASED PARTY, AND FOREVER RELEASE AND DISCHARGE RGS AND STCI AND ALL OTHER RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS. PROHIBITION AGAINST PERSONAL RECORDING AND AUTHORIZATION TO USE IMAGE AND LIKENESS. You understand that You are prohibited from using any form of personal audio or video recordings during the entire Tap-Along Session. Any video recordings, including the Copyrights thereto, taken in regard to STCI and/or RGS shall be exclusively owned by STCI and used at the discretion of STCI and/or RGS.
AUTHORIZATION TO USE IMAGE AND LIKENESS
If you consent to Zoom (a third-party video chat application) to display Yourself on video, Robert Smith and/or STCI, and others may record your image during any Tap-Along Session. 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. 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 FORM 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.
In exchange for receiving any eutaptics® FasterEFT™ Tap-Along
Session training, and in exchange for any rights and privileges granted
herein, You agree to pay the fee determined by STCI.
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. 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 Tap-Along Session does not form an employment relationship between You and STCI or any other