THETA HEALING INSTITUTE OF KNOWLEDGE®
29048 Broken Leg Road, Bigfork, MT 59912 USA
A part of Lets THInK Unique
located at 109 E. 17Th St. Suite# 4718 Cheyenne, WY 82001
Contract and License Agreement for the THETAHEALING® Technique
- General
You have been given this contract because you signed up for one of our seminars and wish to learn the techniques taught in the THETAHEALING seminars. Perhaps you want to do this simply for your own benefit or you may wish to make the benefits of the knowledge you will gain in this class available to the public by offering your services as a THETAHEALING practitioner and/or instructor (depending on what levels you have completed). Either way, it is important that you read and understand this contract.
By signing this contract, attending all seminar sessions, paying all required fees, and successfully completing the courses, you will be entitled for four (4) years to the following as long as you comply fully with the terms of this contract, and other requirements as sent to you from time to time.
WE RESERVE THE RIGHT TO REVOKE THIS AGREEMENT AT ANY TIME IN OUR SOLE JUDGMENT THAT WE BELIEVE YOU ARE NOT IN COMPLIANCE WITH THE TERMS OF THIS AGREEMENT OR ARE CONDUCTING YOUR BUSINESS OR PRACTICE IN ANY WAY THAT CAUSES DISPARAGEMENT OR TARNISHMENT OR DILUTION WITH OUR BRAND
OR OUR BUSINESS. YOU WILL NOT BE REFUNDED ANY AMOUNTS PAID FOR ANY CLASSES OR LICENSE FEES IF THE AGREEMENT IS TERMINATED AT ANY TIME.
You will comply with the required advertising, trademark and other policies of THInK.
You will be obligated to practice the THETAHEALING Technique in accordance with the terms and conditions set forth in this contract, as well as all policies sent to you by THInK or published on their website from time to time.
You will be required to attend recertification seminars every 4 years to renew this contract, except if you are notified that this policy has been modified in your particular circumstance. We reserve the right to require recertification at any time we believe you are unable to teach or provide the THETAHEALING modality as it is intended. Please note we may alter the terms of this contract upon 30 days notice in writing via email or letter. Such amendments shall take effect upon receipt by you. No additional signature is required for those modifications to be effective.
Grant of License-Trademarks and Copyrighted Materials
1.1 Trademarks
Upon successful completion of the classes, certification by THInK and payment of a licensing fee, you will be issued a four (4) year, non-exclusive license and right to use our copyrighted materials and trademarks with respect to your THETAHEALING practice, unless this term is modified in writing by THInK in your particular circumstances. We reserve the right to terminate or shorten the term for any reason in our sole judgment that you are not in compliance with the terms and conditions herein.
You may not authorize or issue a sublicense to others to use any of our trademarks or copyrighted materials. You may not register any domain names or other social media names using the mark THETAHEALING or any portion thereof in any part of the world. You may not register any trademarks or trade names using any of our trademarks in any jurisdiction throughout the world. You may not use the THETAHEALING trademarks in connection with any other words or symbols, geographic designation or any other manner. The THETAHEALING trademarks are solely licensed for use in connection with the seminars taught by THInK and/or taught by Instructors of THInK that are certified and in good standing with THInK.
In all uses you make of any of our trademarks, you will include the proper notation of “®” or “TM” and comply with our Basic Trademark Guidelines and all other instruction you receive from us in this regard. You will also include the following attribution as a footnote when you first use the trademark in all advertisements, websites, flyers, brochures or other documents you create, or have created for you, that use any of our trademarks and are large enough to include the statement: “®/ TM: Trademarks of THInK / Lets THInK Unique.”
You must also provide the following attribution in each page of your advertising, websites, flyers, brochures, and other such marketing and advertising materials, upon the first initial use of the trademark THETAHEALING or THETAHEALER: “The THETAHEALING® Technique is a meditation technique utilizing a spiritual philosophy developed by Vianna Stibal, owner of THInK & Let’s THInK Unique.”
You are authorized to use the copyrighted materials and trademarks in conjunction with your THETAHEALING practice or in conjunction with the teaching of seminars to students based on your level of completion, so long as you are in compliance with all terms of this contract, the trademark guidelines and all other rules and regulations set forth by THInK. You are not authorized to copy, distribute, publish or modify the copyrighted materials in any way, including without limitation, making PowerPoint presentations from the class materials, making videos using the class materials, making meditations from the class materials.
You may not form, operate or be associated with an entity calling itself a School, Institute, Association or other similar formal institution of the THETAHEALING technique, unless specifically licensed by us to do so in a separate written and duly executed agreement by THInK.
You agree that you will not use any of the licensed trademarks in combination with any other trademarks or service marks in connection with your THETAHEALING services in a manner that may cause confusion as to source, sponsorship or affiliation with the services offered by THInK.
You agree that you will NOT register any domain name, website, social media name or any other name in any medium anywhere in the world containing our trademarks, unless you have a signed written contract authorizing you to do so by THinK. This includes but is not limited to the mark THETAHEALING plus(+) the name of your City, State or Country – for example, THETAHEALINGmexico or THETAHEALINGcroatia, or THETAHEALINGlosangeles, and vice versa are NOT allowed. You acknowledge and agree that all domain names, websites, social media pages and all other unauthorized uses by you that contains our trademarks are property of THInK. If when you are no longer practicing the THETAHEALING technique, you will sign all rights of these domain names, websites, social media pages, etc. to THInK at no additional cost to THInK.
You agree that you will not use any THETAHEALING trademarks on any website, social media site or in any other electronic format to identify and/or designate your goods and services as a THETAHEALING practitioner or instructor unless such use is authorized by THInK. If/when you are no longer a trademark licensee or authorized teacher or practitioner of the THETAHEALING Technique, you will sign all rights of the website, social media site or in any other electronic format to identify and/or designate your goods and services to THInK, at no cost to THInK.
We reserve the right to instruct you to cease using a particular THETAHEALING trademark or any similar trademark at any time if the use is connected with the THETAHEALING technique for any reason regardless if you disagree with the instructions.
If we determine that you are using one of the licensed marks in any way which in our sole opinion causes an injury of any kind to THInK or Lets THInK Unique, the practice of THETAHEALING, other practitioners, instructors, students or clients of THETAHEALING, or the value of the licensed trademarks, we reserve the right to limit your use of the marks, direct you in specific ways in which the mark may or may not be used, or revoke your right to use a mark altogether or terminate this contract. If your right to use the trademarks is revoked and/or this contract is terminated and you continue to use the trademarks after notification of such revocation and termination, your continued use may constitute willful trademark infringement and we reserve the right to seek all remedies available under the law, including recovery of attorney’s fees and costs.
You acknowledge and agree that you have received a copy of the published book related to the THETAHEALING course level for each particular book and/or - for Instructors, you agree that you will ensure that all practitioners receive a copy of the published book associated with the appropriate THETAHEALING course you teach.
1.2 Copyrights
You are prohibited from copying, translating, printing, distributing, adapting, altering, modifying or creating derivative works derived from any of the THETAHEALING books, course manuals or other publications other than as set forth herein and in conjunction with the terms of this contract. Any unauthorized copying of our books, manuals or other publications will be grounds for termination of this contract. We reserve the right to pursue all remedies under the law for copyright infringement and recovery of all attorneys’ fees and costs.
Terms of Practice
1.3
If, after completing this course and being certified by THInK, you are authorized and licensed by THInK to hold yourself out as a THETAHEALING practitioner and/or THETAHEALING instructor - which status depends on your level of completion and certification - you shall at all times act and practice in an appropriate, professional, lawful and ethical manner. Any acts of unprofessional, unethical or unlawful conduct may result in cancellation of your license to use the trademarks herein and revocation of your certifications of all levels without any reimbursement of any fees or costs by THInK to you for the coursework you have completed as this constitutes a material breach of the contract by you. If you receive multiple complaints from students or others in your community regarding your practice of the THETAHEALING modality, we reserve the right to immediately terminate this Agreement. If you are terminated, you must return all materials with the THETAHEALING trademarks and copyrighted materials to THInK at your own expense. Any refusal to return such materials shall constitute willful infringement and may be subject to punitive damages.
1.4.
You acknowledge that the THETAHEALING Technique is meant to be a supplement to all health-related treatments for all individuals and treatments provided by licensed health care providers and that this practice is NOT a substitute for it. You acknowledge that you have not received and will not receive any specific medical training or information through any seminars taught by THInK. You agree that you will advise clients who are under the care of medical doctors or other healing professionals to comply with all treatments that are prescribed for them. If at any time you have reason to believe that a client suffers from a health or medical condition, you will advise him or her to seek medical attention as well as your services. You agree that you will comply with all state and federal health laws and privacy laws, including HIPPA and other such laws in the U.S. and throughout the world, if applicable to you.
1.5.
In advertisements or in your dealings directly with clients or students, you will not claim, suggest or represent in any way, that you have gained any specific medical knowledge as a result of the THETAHEALING Technique. You will not claim that you have learned how to “cure” people as a result of the THETAHEALING Technique or that the THETAHEALING technique can “cure” any disease, condition or disorder. You will not advise any client to change, alter, add to, or subtract from any medication or course of treatment prescribed by a medical doctor or any other medical professional, by reason of any examination or therapy performed using any of the techniques gained in this or any other class taught by THInK. Any such representations will be cause for immediate termination of all agreements between you and THInK. If THInK incurs any attorneys’ fees and costs required to terminate all uses of the THETAHEALING trademarks, you will be liable for all such fees and costs therein (whether a court proceeding was required to be filed or any informal resolution was achieved). You agree that you will also post only truthful and authentic testimonials regarding any client's or students on any and all marketing and advertising materials and only those that are supported by medical records and/or an authorized person in the medical profession.
If you are a licensed Instructor (as determined by your level of certification and THInK’s rules and regulations) - you agree to advertise every THETAHEALING seminar and/or session at the minimum advertised price provided by THInK. There is a minimum set advertising price for each seminar in your profile. There are set prices for certain countries. If your country does not have an official seminar price then convert the USD price to your currency. The only approved discount to be offered on advertising is the phrase “Scholarships are available.” In sum, you must advertise the seminar's or sessions with the price set forth in the Minimum Advertised Price Guidelines. You may offer in person discounts/scholarships.
You may not engage in any multi-level marketing activities or charge any “monies” for other THETAHEALING practitioners’ services. You may not engage in any multi-tier marketing under the THETAHEALING trademarks. You may NOT offer other THETAHEALING practitioner's or instructor's services on your website associated with the THETAHEALING technique. You may not offer online courses or offer any THETAHEALING materials for sale online.
You may not put the THETAHEALING trademark or any confusingly similar trademark on any merchandise whatsoever, cups, mugs, t-shirts, cars, boats, banners, etc. You may not advertise or promote any other business activity, i.e., a non-THETAHEALING service or product, on your licensed THETAHEALING website, in social media or any other format or offer such non- THETAHEALING products or services in connection with your THETAHEALING services.
1.6.
You will abide by and obey all laws, rules and regulations that apply to the practice of the THETAHEALING Technique in your locality, including without limitation, laws that have no relation to your THETAHEALING practice. You also agree that you will make yourself knowledgeable regarding all of the laws and regulations regarding your practice or instruction/ teaching of the THETAHEALING Technique in your locality and that you will comply with said laws and regulations.
1.7.
You agree that you will defend, indemnify and hold THInK and Let’s THInK Unique harmless from any claims, suits, actions, allegations, prosecutions or administrative or legal process of any kind arising out of, resulting from or relating to your practice of the THETAHEALING Technique or out of your violation of any other laws in connection with your THETAHEALING practice. You agree that you are not an authorized or apparent agent and may not act on behalf of THInK or Let’s THInK Unique and agree that you shall not hold yourself out as an agent thereto.
2
By signing this Agreement, you authorize us to list your contact information, including your name, telephone number, email address, website and, at your option, physical address, in the Directory section of our website, www.THETAHEALING.com, as a certified THETAHEALING practitioner or instructor (whichever is applicable). You agree to receive emails from THInK and to keep a current email address and phone number on file at all times.
Your account on www.THETAHEALING.COM is HIDDEN and will NOT be listed in our Directory as Certified THETAHEALER for the public to view until you log in and agree to have your account ACTIVE on the site.
For Instructors - you acknowledge and agree that all student contact information is proprietary and property of THInK as the students are studying the THETAHEALING modality. You agree to immediately send THInK the contact for all students who register for your seminars.
Termination of this Agreement by either party for any reason will result in removal of your information from the Directory permanently.
3 Renewal of Certification and License
You are required to get re-certified every four (4) years in accordance with the policies on our www.thetahealing.com website, unless you are notified by THInK that we will require you to re- certify earlier than four (4) years. One reason we might require you to re-certify in less than four (4) years might be multiple complaints against you or you do not have the required knowledge or grasp of the materials or this Agreement and your trademark/copyright license was suspended for non- compliance with the Basic Trademark & Copyright Guidelines or other rules and regulations relayed to you by THInK, or for any other reason.
You acknowledge that the content of the THETAHEALING seminars is constantly updated, and that as a certified THETAHEALING practitioner or instructor you are expected and required to be knowledgeable of and current with the updated information, instructional materials, methods and techniques. You must review and comply with the Recertification Rules provided by THInK at all times. If because of extenuating circumstances or other difficulties it is not possible for you to re- certify as scheduled, you must contact THInK to arrange for an alternative recertification. You agree that failure to re-certify will be grounds for cancellation of this contract, revocation of your certification, and removal from our Directory.
4 Acknowledgment of Trademarks and Copyrights
By signing this Agreement, you agree to acknowledge and honor our trademark rights and copyrights as set forth herein above and as follows.
4.1.
You acknowledge and agree that the trademarks and all other marks used by us, are the trademarks and service marks of Nature's Path, Inc., THInK and/or Let’s THInK Unique, whether registered or not in the United States or any other country. You agree not to challenge the validity of the marks in the United States or any other country and further agree not to challenge, oppose, petition to cancel or otherwise attack or limit our trademarks (whether its validity, enforceability, scope of coverage, or otherwise) or THInK's exclusive ownership thereof anywhere in the world. You agree that you will not attempt to register a trademark, anywhere in the world, containing the words THETAHEALING, THETA HEALER, THInK, VIANNA, ATANAHA, STIBAL, THETA, THETAHEALING ASSOCIATION, THETAHEALING FOUNDATION, THETAHEALING SCHOOL, THETAHEALING TRAINING, THETACOACHING or any other derivative from or an imitation of any of our marks or confusingly similar trademark. You agree that any and all rights that you may acquire by use of the marks licensed to you in this contract or elsewhere shall inure to the sole benefit of THInK and Let’s THInK Unique, Nature's Path, Inc. and/or THInK.
This Agreement shall terminate automatically upon the occurrence of any of the following, unless otherwise agreed in advance in writing by THInK: (a) you make an assignment for the benefit of creditors, or if any proceeding under any bankruptcy or insolvency law is commenced by you for any reason; (b) you cause the sale, transfer, or encumbrance of any rights granted hereunder, or the making of any levy, seizure, or attachment thereof or thereon without the consent of the THInK; (c) your business (associated with the THETAHEALING technique) is not in good standing with the appropriate state or federal or national authority; (d) you are imprisoned or charged and convicted of a felony in any state or jurisdiction worldwide for any reason; (e) you refuse to keep your contact information current and updated with THInK or refuse to comply with written requests by THInK to do so; (f) you fail to pay required license fees; or (g) you engage in any conduct that THInK, in its sole discretion, believes constitutes harassment, abuse, disparagement, threats or any other such negative conduct against any other licensee, or THInK, or of any employee or independent contractor of THInK, any teacher/student of THInK, or any other outside person representing or affiliated with THInK or advocating on behalf of THInK; or (g) you register a trademark, domain name, social media name that violates this Agreement and refuse to have said mark or name assigned immediately to THInK upon request at no cost to THInK.
4.2.
You further agree that you will not use any of the licensed marks or any part of them as a corporate or business name, as a URL for a website, as a domain name, social media blog or social media name, as an email address, or as a mark for any goods or services of your own, other than as expressly permitted by this contract. You agree not to register in any country any name or mark resembling, including, or confusingly similar to, our trademarks as set forth above and as set forth in the attached schedules. If you have filed any application for registration in any country for a mark which related to any name or mark which, in our sole opinion, is confusingly similar to one of our marks, or deceptive or misleading, you shall immediately, in our discretion, assign it to us or cancel the registration and use. If you have registered a domain name in any country, which consists of, in whole or in part, any of our trademarks, you shall immediately abandon that registration or transfer ownership of it to us at your own expense or sign an additional license agreement permitting you to use it.
If it is necessary for us to initiate any legal proceedings of any kind (whether formal or informal) arising from or related to this agreement or to file an action of any kind in the federal, state or international courts, USPTO, WIPO or any other administrative or court agency worldwide, in opposition to your application proceedings or to obtain a domain name, social media name or website back that contains our trademarks, you will be liable to us for all fees and costs incurred in doing so, including attorney fees, travel costs and all other reasonable and necessary fees and costs associated therewith.
4.3.
If you learn of any person using any of our trademarks in or around your location without authorization, you agree to notify us as soon as possible.
4.4.
You agree that the copyright in our manuals and publications, including the manuals for this system and all other books and publications you are required to use or may be required to use in the future, are the property of Nature's Path, Inc., THInK and/or Lets THInK Unique You will not copy, publish, distribute, display or create any derivative works of any of our copyrighted material, including manuals, books, classroom materials and other publications. Derivative works include but are not limited to audio recordings, reprints, audio-visual depictions, PowerPoint presentations, mail-order courses, books, new classes or any other work or depiction based on any of our copyrighted materials in any form.
If it is necessary for us to initiate any legal proceedings of any kind (whether formal or informal) or to file an action of any kind in the federal or state courts, USPTO, WIPO or any other administrative or court agency worldwide, in opposition to your application proceedings or to obtain a domain name, social media name or website back that contains our copyrighted works, you will be liable to us for all fees and costs incurred in doing so, including attorney fees, travel costs and all other reasonable and necessary fees and costs associated therewith.
4.5.
We reserve the right to make changes to the contents of our publications at any time, or to change the manner of publication.
5 Responsibility for all THETAHEALING activities.
Upon certification at each appropriate level - you may hold yourself out as that particular level ONLY – as a certified THETAHEALING Practitioner and/or Instructor and offer THETAHEALING services, methods, techniques and concepts taught to you in these classes. All matters involved in your THETAHEALING practice including scheduling, all expenses associated with your practice, and compliance with local laws and regulations, are entirely your responsibility. We make no representations that your practice of sessions and/or teaching (as applicable) is legal in your locality. You must ascertain the legality of your circumstance on your own with a lawyer or other governmental person in your locality.
Once you have received a certification level as a THETAHEALING instructor, you must notify us of any class you intend to teach, by providing us the date, time and location posted through our website, www.THETAHEALING.com as an active class or inactive class. Failure to do so will result in termination of your license.
Non-Discrimination. As a THETAHEALING practitioner and/or instructor in your sessions and/or classes you should NOT discriminate against any person on the basis of race, religion, creed, sex or national origin. All classes/seminars taught by THETAHEALING Instructors must be open to all students that qualify.
6 Indemnification
You agree to indemnify, defend and hold Nature's Path, Inc., THInK, Lets THInK Unique, its owners, employees, shareholders, officers, agents, employees, attorneys, and/or representatives, and/ or any certified practitioner or instructor (in good standing) of the THETAHEALING technique, harmless for any claims made of or of any adverse psychological effects, injury, harm, illness or damage alleged to have been caused by the use of the THETAHEALING Techniques; and from any claim made against you by any person for injury, illness, loss or damage of any kind, allegedly arising out of your THETAHEALING practice or teachings or business.
- Miscellaneous
7.1.
This Agreement shall be governed by the laws of Montana and/or Wyoming, as applicable and notwithstanding any conflicts of laws. You agree that venue and jurisdiction for any lawsuit arising out of this Agreement shall be proper in Montana or Wyoming at THInK’s sole election. You further agree that this Agreement shall be considered valid and binding in your jurisdiction and may be enforced there at our option.
7.2.
In the event any portion or provision of this contract is determined to be in violation of the laws of any State or Country in which either party seeks to enforce it, then such portion or provision shall be severed from the remainder of this Agreement, which will remain fully in effect as if it had never contained that portion or provision.
7.3.
The failure of either party to this Agreement to insist upon full performance of any of the terms or conditions of this Agreement, or the waiver of a breach of any of the terms or conditions, shall not be construed as a waiver of full performance of such terms and conditions in the future.
7.4.
This Agreement may only be modified in writing signed by both parties, except as noted above. THInK may update it's terms and conditions, business rules and regulations and guidelines, all of which are incorporated by reference herein, upon 30 days written notice to you. Such notice, whether in email or letter format, shall constitute new binding terms under this Agreement and upon which you agree to comply in order to maintain your standing and license with THInK.
7.5.
The parties may each terminate this Agreement upon written notice to the other Party at any time. We will remove your name from the Directory of certified practitioners and instructors. You acknowledge and agree that:
THInK does not provide refunds of any kind whatsoever in connection with any THInK sponsored seminars for instructors.
THInK does not provide refunds of any kind whatsoever in connection with the practice of ANY licensed THETAHEALING practitioner. You acknowledge that THInK does not collect the money from it's instructors or practitioner in connection with its THETAHEALING seminars and/or sessions.
THInK is not responsible for any activities of non-licensed individuals who are offering seminars or classes or sessions under the wrongful use of the THETAHEALING trademarks or copyrighted materials. You acknowledge and agree that your sole remedy against said individuals is directly an action against these individuals and that you will notify THInK of any such action, so it has the option to join the proceeding at it's sole discretion.
7.6.
Upon termination of this contract, you will no longer use any of the licensed trademarks for any purpose. You shall return to us all materials bearing our trademarks at your cost or certify in writing under penalty of perjury that all such trademarked materials have been destroyed. You are to remove from all computers any stored electronic copies of any manuals or other materials given to you, and to return to us any CDs or other storage media we gave you at the time of this class or afterward containing electronic files of such materials. You will cease holding yourself as a THETEHEALING practitioner and/or instructor also known as a THETAHEALER. You will not teach any classes based on or derived from any of our copyrighted materials, including but not limited to class materials, books or other publications.
7.7.
You agree you will not claim any kind of agency, partnership, joint venture or other concerted business relationship with Natures Path, Inc., THInK, Lets THInK Unique, or Vianna or Guy Stibal at any time.
7.8.
This Agreement does not constitute an appointment by us of you as our representative or agent in any country, region or territory. You agree that THInK and/or Lets THInK Unique have the sole authority to appoint an agent or representative for any region.
7.9.
This Agreement supersedes any and all previous agreements between the parties and acts as a substitute for it/them and further serves to nullify any and all prior agreements between the parties. If there are any separate written agreements between the parties regarding specific licenses for domain name, social media, schools or Institutes, and any other THETAHEALING trademark usage, those are hereby terminated by this Agreement and new agreements must be signed within sixty (60) days of execution hereof in order to be valid and binding on the parties. If no new agreement is signed, then all such contracts are null and void.
I acknowledge and agree that I have had the opportunity to have my own legal counsel review this Agreement and that this Contract has been read to me in English and in my native language. I understand and agree to be bound by the terms of this contract.
