This Professional Hypnotism Certification Course Agreement ("Agreement")sets forth the terms and conditions under which the undersigned("Student") will attend and participate in the National Guild of Hypnotists, Inc. approved training provided by Northwest Hypnosis Institute, Inc. (“NWHI”), an Oregon corporation.

Student understands that by signing this Agreement, Student is entering into a legally binding contract, and will be bound by the provisions contained herein as of the effective the date of Student’s signature.  Student understands and agrees to the following:

Hypnotism Certification.

To receive certification from the National Guild of Hypnotists, Inc. as a Certified Hypnotist, Certified Consulting Hypnotist or Certified Hypnotherapist, Student must successfully complete one hundred (100) hours of National Guild of Hypnotists, Inc. approved professional training and complete an examination (the “Course”).

Some course credit may be in the form of outside study and practice.  Student shall be solely responsible for making up required hours through outside study and/or practice if Student enrolls after the course start date or misses class.  All students are required to practice and experience hypnosis to complete their training.

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Class Schedule.
Classes will be taught online by Zoom in one of these formats:

          (A)Fourteen (14) weekdays (Monday, Tuesday, Wednesday, Thursday, Friday) from9:00am to 5:00pm (PST); or

          (B)Seven (7) weekends (Saturday and Sunday) from 9:00am to 5:00pm (PST)

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Venue.

Classes will be held online using Zoom.  Venue, dates, hours, and course content are subject to change at the sole discretion of NWHI.

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 Tuition.
The cost of the Course is $2,795.00 and includes all course materials and a one-year National Guild of Hypnotists, Inc membership.  The $2,795.00amount is payable by Student in advance by cash, credit card, check made out to NWHI, or other payment methods accepted by NWHI.

Tuition With Discount.

The cost of the Course with the Discount is $2,295.00 and includes all course materials and a one-year National Guild of Hypnotists, Inc. membership.  The $2,295.00 amount is payable by Student in advance by cash, credit card, check made out to NWHI, or other payment methods accepted by NWHI.

Tuition Payment and Installment Plan (NWHI Payment Plan).

If the Student elects to pay tuition under an installment plan administered by NWHI, the Student promises to pay the total tuition in full pursuant to the installment schedule established by NWHI. The tuition amount shall be $2,795.00 (full tuition) or $2,295.00 (discounted tuition, if the Student has qualified for and received the discount as determined by NWHI). Payments may be made by cash, check, credit card, or other payment methods accepted by NWHI.  Any amounts paid prior to a default in payment shall be nonrefundable, and the Student remains fully responsible for the entire tuition balance until paid in full.

Tuition Payment Through Third-Party Financing

If the Student elects to finance tuition through Denefits or any other third-party financing company ("Financing Company”) designated by NWHI, the Student promises to pay the total tuition in full pursuant to the terms of the financing agreement executed with the financing company.  The tuition amount shall be $2,795.00 (full tuition) or $2,295.00 (discounted tuition, if and only if the Student has qualified for and received the discount as determined by NWHI and remains in full compliance with all payment obligations).

The financing agreement is a separate and independent contract solely between the Student and the financing company. NWHI is not a party to that contract and assumes no responsibility for its terms, enforcement, administration, billing, customer service, or collection, and NWHI has no authority to alter, waive, or cancel the Student’s obligations under that agreement.

Refund Policy.

The refund policy of the NWHI is as follows:

(a) Tuition Payments Paid Directly to NWHI.

Refund requests made up to 5:00 p.m. on the second (2nd) day of classes will receive a full (100%) refund, provided that tuition was paid directly by the Student to NWHI.  Any refund, when applicable, will be made only to the original payer of record. No refunds are available after5:00 p.m. on the second (2nd) day of classes.  NWHI reserves the right, in its sole discretion, to provide a refund.

(b)  NWHI Installment Plan Payments Paid Directly to NWHI.

Refund requests made up to 5:00 p.m. on the second (2nd) day of classes will receive a full refund of Student’s down payment and any installment payments provided that tuition was paid directly by the Student to NWHI.  Any refund, when applicable, will be made only to the original payer of record. No refunds are available after 5:00 p.m. on the second (2nd) day of classes.  NWHI reserves the right, in its sole discretion, to provide a refund,

(c) Students Using Third-Party Financing.

If tuition has been financed through a Financing Company, Student acknowledges and agrees that all payments, terms, and obligations under such financing agreement are solely between Student and Financing Company.  NWHI shall have no responsibility or liability of any kind for any refunds, negotiations, adjustments, credits, offsets, cancellations, or disputes for any reason whatsoever under such financing arrangement, which shall remain Student’s absolute and unconditional obligation to Financing Company.  Student’s rights and responsibilities with respect to financing are governed exclusively by the Third-Party Financing Addendum, which is incorporated herein by reference and made a binding part of this Agreement.

Requests. 

All refund requests must be sent by email to: talkwithbruce.com using a read receipt proof of mailing.  The effective dates of the requests will be determined by the date the email is sent.

Termination Policy.

Student maybe terminated from participation in the Course for (1) behavior creating a safety hazard, disruptive or disrespectful behavior, (2) not maintaining an acceptable attendance record, or failing to adequately participate in class as determined in NWHI’s sole and exclusive discretion, or (3) failure to pay tuition, or (4) any other inappropriate action or behavior at the sole discretion of the instructors at NWHI. NWHI  reserves the right to terminate a Student for any reason within NWHI’s sole discretion.

In the event of termination under this policy, the Student shall not be entitled to any refund or credit of tuition or fees previously paid, and all unpaid tuition obligations shall remain immediately due and enforceable. This Termination Policy shall operate in addition to, and not in limitation of, the Refund Policy set forth in Refund Policy Section herein. The Student hereby waives any and all claims, defenses, or counterclaims against NWHI arising out of or relating to termination under this policy, except where prohibited by law,

Effect of Termination on Tuition Obligations.

In the event of termination under this policy, whether initiated by NWHI or the Student and for any reason whatsoever, the Student shall not be entitled to any refund, offset, or credit of tuition or fees previously paid. All unpaid tuition obligations shall remain immediately due and fully enforceable. This Termination Policy shall operate in addition to, and not in limitation of, the Refund Policy set forth in the Refund Policy section of this Agreement.

The Student expressly acknowledges, agrees, and stipulates that their obligation to pay tuition is absolute and unconditional, and further waives any and all claims, defenses, or counterclaims against NWHI arising out of or relating to termination under this policy, except where prohibited by law.

Photo/Video/Audio Consent.
The undersigned Student hereby grants NWHI its representatives, and employees permission to use Student’s likeness, including but not limited to Student’s image or voice, in photographs, video, audio, or other digital media (the “Media”) in connection with the Course.  Student agrees that any Media using Student’s likeness shall be the property of NWHI.

Student hereby irrevocably authorizes NWHI, and its assigns and transferees to edit, alter, copy, exhibit, publish, or distribute Media for any legal purpose, including but not limited to fundraising, advertising, and publicity.

 Student waives the right to inspect or approve the finished product, including physical or electronic copy, wherein the Student’s likeness appears. The Student waives all claims to compensation or damages based on the use of Student’s likeness by NWHI.

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Student Confidentiality.
NWHI shall handle personal information of Student responsibly. To protect Student, at NWHI’s sole discretion, if NWHI has concerns about Student’s suitability as a hypnotist or learns of any condition that may affect Student’s safety, practice, learning or future in the hypnosis profession, NWHI may arrange to talk to Student privately.  NWHI shall not disclose the information discussed unless otherwise authorized by Student or required as a matter of law.

‍No Rights to Publish or Disseminate Course Materials.
All course materials, and rights thereto, shall remain solely the property of their original authors and/or owners. Student expressly agrees not to copy, publish, distribute, or share course materials in any manner including but not limited to any digital, online, paper, photocopy, photograph or any other method without the express permission of the original authors and/or owners.

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Student Agreement.

I have read this Agreement and fully understand the conditions and terms of this Agreement and the obligations of the parties hereunder.  I agree that I am solely responsible for successfully completing all course requirements for certification.  I understand that this consent is perpetual, irrevocable, and binding on my heirs and assigns.

I understand the State of Oregon does not regulate the practice of hypnotism.  I understand that instruction and certification of course completion does not imply federal, state or local governing body licensing or education in any medical, health, therapeutic, emotional counseling, psychiatric, psychological or sociological field.  I agree and stipulate that I will not use hypnosis for any medical or other purposes for which I am not licensed unless working under the supervision of a person licensed for that purpose and as prescribed by law.

I understand that these classes are not for the purpose of diagnosing, or the treatment of, any physical or mental ailment.

I understand that NWHI shall teach hypnosis classes in a professional manner.  I further understand that, at NWHI’s sole discretion, its Instructors may use teaching methods and techniques, including but not limited to sharing stories of hypnosis occurrences that may be offensive to some students but are important to the learning process of the Course.

I further understand and agree that this Course and my designation as a Certified Hypnotist, Certified Consulting Hypnotist or Certified Hypnotherapist does not guarantee any future employment or income or success in business and that I am solely responsible for the establishment and building of my hypnotism practice and business.

I agree to conduct all of my practice and activities of hypnotism in conformance with the National Guild of Hypnotists’ Code of Ethics and the National Guild of Hypnotists’ Standards for Hypnotic Practice.

Miscellaneous.   

1.  Warranties. STUDENT ACCEPTS THE COURSE ON “ASIS” BASIS EXCEPT WHERE EXPRESSLY ADVISED OTHERWISE. NORTHWEST HYPNOSISINSTITUTE, INC. HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE PRODUCTS, SERVICES ORTRANSACTIONS CONTEMPLATED HEREBY, INCLUDING WITHOUT LIMITATION ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR IMPLIEDWARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OFTRADE.

2.  Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,NORTHWEST HYPNOSIS INSTITUTE, INC. WILL NOT BE RESPONSIBLE OR LIABLE, WHETHERIN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANYINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVEDAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS,ARISING IN WHOLE OR IN PART FROM PROVISIONS OF SERVICES OR PROVISION OF OTHERDELIVERABLES TO STUDENT, EVEN IF NORTHWEST HYPNOSIS INSTITUTE, INC. HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY INTHESE TERMS, NORTHWEST HYPNOSIS INSTITUTE, INC.’S LIABILITY FOR ANY CAUSEWHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITEDTO THE SUM OF ALL PAYMENTS STUDENT HAS MADE TO NORTHWEST HYPNOSIS INSTITUTE,INC. FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS OR ONE HUNDRED DOLLARS($100.00), WHICHEVER IS GREATER.

3.  Agreement Limitation.  Nothing expressed in this Agreement is intended to imply or create a partnership, association, joint venture, employee-employer, or franchiser- franchisee relationship between Student and NWHI.

4. Entire Agreement.  This Agreement sets forth the entire and exclusive understanding and agreement between the parties regarding their subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to their subject matter.

5. Choice of Law and Venue.  This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to conflict of law rules.

6. Arbitration Agreement. Except for collection disputes, All other disputes, arising out of or related to NWHI’s services being provided to Student are subject to binding arbitration pursuant to the procedural rules of the Arbitration Services of Portland(“ASP”). The venue for such Arbitration shall be in Multnomah County, Oregon.  Except for collection efforts, the parties shall bear their own fees, including legal fees and expenses related to the arbitration. The prevailing party in any collection effort shall recover its costs and reasonable attorney’s fees. The Parties understand that they are waiving rights such as the ability to appeal the arbitrator’s decision, limitations on discovery, and the right to a jury trial. Student may revoke this waiver up to five business days after execution of this Agreement by submitting Student’s revocation in writing to Bruce Terrill, c/o NWHI.

Electronic Signature.

By checking the acceptance box or clicking “I Accept,” the Student acknowledges and agrees to all terms of this Agreement. The Student further agrees that such action constitutes their valid and binding agreement as if signed in writing.

The Student acknowledges that acceptance of this Agreement by electronic means, including checking a box or clicking “I Accept,” constitutes the Student’s valid and binding electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act(UETA).

No certification authority or third-party verification is required to validate the Student’s electronic signature, and the lack of such certification shall not affect enforceability. The Student expressly waives any right to contest the validity or enforceability of this Agreement on the basis that it was electronically signed.

The Student’s electronic signature shall also apply to any amendments, modifications, renewals, or consents related hereto, unless otherwise expressly required in writing. The Student consents to the use of electronic records and communications in connection with this Agreement.

The Student acknowledges, represents, and stipulates that they have had the opportunity to review the Agreement and, if applicable, the Third-Party Financing Addendum, and that they have read and understood both prior to acceptance. The Student further agrees that proceeding with registration constitutes their affirmative consent to all terms.

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 THIRD-PARTY FINANCING ADDENDUM

This Third-Party Financing Addendum (“Addendum”) is incorporated into and made part of the Professional Hypnotism Certification Course Agreement (“Agreement”)entered into by and between Northwest Hypnosis Institute, Inc. (“NWHI”), an Oregon corporation, and the undersigned (“Student”).  This Addendum governs the terms and conditions applicable when a Student finances tuition and fees through Denefits or any other third-party financing company designated by NWHI  (“Financing Company”).

 If any conflict arises between this Addendum and the Agreement, the terms of this Addendum shall control with respect to third-party financed tuition, fees, and financing obligations.

Independent Financing Agreement and No Refunds

 Once a student has executed a financing agreement with Financing Company, the student expressly understands and agrees that:

1. Independent Financing Agreement.

The Student acknowledges and agrees that any financing arrangement is a separate and independent contract solely between the Student and Financing Company. NWHI and any Financing Company are independent; nothing creates a partnership, joint venture, or agency. NWHI has no authority over Financing Company’s practices and vice-versa.

NWHI is nota party to, and assumes no responsibility, duty, or liability of any kind for the negotiation, approval, terms, enforcement, administration, performance, billing, servicing, collection, or consequences of the Student’s financing arrangement with any Financing Company.

2. Student Representation.

The Student represents and warrants that they have carefully reviewed, fully understood, and voluntarily accepted the terms of the financing agreement with Financing Company prior to execution. The Student further acknowledges that NWHI has no duty or obligation to explain, interpret, review, or advise upon such agreement, and bears no responsibility or liability for the Student’s decision to enter into financing.

3. No Reliance.

The Student acknowledges and agrees that, in entering into a financing agreement with Financing Company, they have not relied upon any statements, representations, assurances, or advice from NWHI regarding the financing terms, conditions, or the practices of the Financing Company. The Student affirms that their decision to finance tuition is based solely on their own independent judgment.

4.  Information Sharing Consent.

The Student hereby authorizes NWHI to disclose to a Financing Company, information reasonably necessary to administer, service, or collect amounts owed under the Student’s financing agreement. Such information may include, without limitation, the Student’s enrollment status, course progress, attendance records, completion status, account balances, payment history, and current contact information. The Student acknowledges and agrees that this authorization is a condition of financing and expressly waives any claim against NWHI arising out of or relating to such disclosures made in good faith. This authorization shall remain in effect and shall expressly survive the Student’s withdrawal, dismissal, non-attendance, or non-completion of the Course for so long as any financing obligations remain outstanding.

5. Student Responsibility.

‍ The student remains fully, unconditionally, and irrevocably responsible for satisfying all payment obligations directly with Financing Company in strict accordance with the terms of the financing agreement. The student alone is responsible for managing, addressing, and resolving any issues, disputes, errors, or communications with Financing Company. NWHI has no obligation to intervene, assist, or become involved in any dispute between the student and Financing Company, nor shall NWHI be liable for any claims, damages, or consequences arising out of such disputes.  

6. Continuing Obligation to Pay and Survival of Obligation.

The student’s obligation to pay tuition and fees is absolute and unconditional, and is not contingent upon, nor affected by, the student’s level of participation, attendance, performance, satisfaction, or completion of the program.  This obligation shall survive withdrawal, dismissal, termination, failure to attend, or failure to complete the program, and shall remain fully enforceable until satisfied in full. In the event of default under any financing agreement, the entire unpaid balance of tuition shall become immediately due and payable

Without limitation, the student remains fully solely responsible for tuition in each of the following circumstances:

a) Voluntary withdrawal, drop-out, or discontinuation of attendance;

b Request to defer or delay participation;

c) Dismissal or termination from the program by NWHI for any reason;

d) Failure to attend, complete training requirements, pass the final examination, or qualify for certification;

e) Illness, personal hardship, scheduling conflict, financial difficulty, or any other circumstance whether within or beyond the student’s control;

f) Any and all other reasons, events, or circumstances, whether foreseeable or unforeseeable, that may otherwise affect or prevent the student’s participation in or completion of the program.

7. NWHI Right of Approval and Termination.

All enrollments are subject to review and approval by NWHI. Execution of a financing agreement with Financing Company, or payment of tuition in any form, does not by itself guarantee ongoing participation in the training and certification course. NWHI reserves the right, in its sole discretion, to decline admission or to terminate a student’s enrollment at any time for failure to meet academic, behavioral, or administrative standards, or for any other reason deemed appropriate by NWHI.

In all cases, the Student remains fully and unconditionally responsible for the payment of all tuition and fees in accordance with the Agreement, this Addendum and, if applicable, under the terms of any financing contract with Financing Company. All provisions of this Addendum relating to tuition obligations ,waivers, indemnification, attorney’s fees, remedies, and NWHI’s rights shall expressly survive the Student’s withdrawal, dismissal, termination, non-attendance, or completion of the Course, and shall remain binding and enforceable in full until satisfied.

8. No Refunds and Earned Tuition.  

All tuition and fees are deemed fully earned upon enrollment and are strictly non-refundable under all circumstances, including without limitation amounts disbursed to NWHI by Financing Company on the Student’s behalf. Tuition is earned in consideration of NWHI reserving a place for the Student in the Course, which prevents NWHI from offering that place to another applicant. Such amounts shall not, under any circumstances, be refundable, reversible, or subject to credit, offset, deduction, chargeback, cancellation, or reduction by the Student or by any financing company, bank, or credit card issuer, for any reason whatsoever. The Student expressly waives any right to dispute charges, initiate chargebacks, or otherwise challenge tuition payments through any bank, credit card issuer, or financing company and further expressly waives any right to assert defenses, set-offs, counterclaims, or disputes as a basis for withholding or delaying tuition payments. This no-refund policy and tuition obligation shall survive withdrawal, dismissal, non-attendance, or non-completion of the Course.

9. Waiver of Claims.

The Student hereby waives, releases, and discharges NWHI from any and all claims, demands, causes of action, damages, liabilities, defenses, or counterclaims of any kind, whether known or unknown, present or future, arising out of or in anyway related to the Student’s financing agreement with Financing Company.  This waiver expressly includes, without limitation, any matter relating to billing, servicing, collections, defaults, interest, penalties, customer service, or disputes with the Financing Company, as well as any collection actions or enforcement efforts pursued by the Financing Company. This waiver shall remain in full force and effect and shall survive the Student’s withdrawal, dismissal, non-attendance, or non-completion of the Course.

10. Indemnification.

The Student agrees to indemnify, defend, and hold harmless NWHI, its officers, directors, employees, agents, successors, and affiliates (collectively, the “NWHI Parties”) from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, penalties, costs, and expenses (including without limitation reasonable attorney’s fees and court costs) arising out of, relating to, or in connection with: (a) the Student’s financing agreement with Financing Company (b) any default, delinquency, or failure to perform obligations under such agreement; or (c) any dispute between the Student and Financing Company, and (d) any and all other matters, causes, or circumstances of whatever kind or nature, whether known or unknown, foreseen or unforeseen, that in any way relate to or arise from the Student’s financing arrangement. This indemnification obligation shall be absolute, continuing, and unconditional, and shall survive the Student’s withdrawal, dismissal, non-attendance, or non-completion of the Course.

11. Cumulative Remedies.

All rights and remedies provided to NWHI under this Addendum, the Course Agreement, and applicable law shall be cumulative and concurrent, and shall be in addition to, and not in limitation of, or substitution for, any other rights or remedies available at law or in equity. The exercise by NWHI of any one or more rights or remedies shall not preclude or constitute a waiver of the simultaneous or subsequent exercise of any other right or remedy.

12. Severability.

If any provision of this Addendum is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable, and the remaining provisions of this Addendum shall remain in full force and effect. The parties expressly intend that this Addendum be enforced to the maximum extent permitted by law, and no invalidity or unenforceability of any provision shall affect the validity or enforceability of the remainder.

13. Attorney’s Fees and Costs.

In the event of any action, proceeding, or dispute arising out of or relating to this Addendum, the Course Agreement, or the Student’s tuition or financing obligations, whether initiated by NWHI or the Student, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses incurred, including without limitation reasonable attorney’s fees, court costs, arbitration fees, and collection expenses. In addition, if NWHI engages in collection efforts (judicial or non-judicial) to enforce the Student’s obligations, the Student shall be responsible for all such costs and expenses, regardless of whether legal proceedings are commenced.

Any dispute arising out of or relating to this Addendum shall be subject to the Arbitration Agreement contained in the Course Agreement, which is incorporated herein by reference

14. Integration.

This Addendum, together with the Course Agreement, constitutes the entire agreement and understanding between the parties with respect to third-party financing and supersedes all prior or contemporaneous negotiations, discussions, representations, statements, promises, or agreements, whether oral or written, relating thereto. No oral or written statements outside of this Addendum shall alter, amend, or supplement its terms. This Addendum may be modified only by a written instrument signed by both NWHI and the Student.

15. Electronic Signature.

By checking the acceptance box or clicking “I Accept,” Student acknowledges and agrees to all terms of this Addendum. Student further agrees that such action constitutes their valid and binding agreement as if signed in writing. Student acknowledges that acceptance of this Addendum by electronic means, including checking a box or clicking “I Accept,” constitutes Student’s valid and binding electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA). No certification authority or third-party verification is required to validate Student’s electronic signature, and the lack of such certification shall not affect enforceability. Student expressly waives any right to contest the validity or enforceability of this Addendum on the basis that it was electronically signed. Student’s electronic signature shall also apply to any amendments, modifications, renewals, or consents related hereto, unless otherwise expressly required in writing. Student consents to the use of electronic records and communications in connection with this Addendum.