Getting Comfortable with Grief

Participant Agreement & Terms of Use 

This Participant Agreement and Terms of Use (the "Agreement") is made between Nikki Sewell LCSW LLC (“Nikki Sewell LCSW LLC”) and you, (the “Participant”). Both may be referred to henceforth individually as Party or collectively, as Parties. The Parties, intending to be legally bound, therefore now agree as follows:

COURSE DETAILS.

• Course Description. You are enrolling in “Getting Comfortable with Grief Counseling. At Your Own Pace” (the “Course”). The Course will consist of the following components:
• The course is hosted on Thinkific.com, online course platform.
• The course includes six modules and 55 video lessons.
• Within each module of the course, there are video lessons, slide decks, reference and resource lists, as well as worksheets to use with clients.
• Payment and Course Fees. The cost to participate in the Course is $197.00, and full payment must be made upon enrollment in the Course (the “Course Fee”); no payment plans or installment plans are available. Enrollment will be considered to have been completed upon the Participant receiving an email receipt from Nikki Sewell LCSW LLC confirming participant enrollment (the "Enrollment").[A1] 

• Payment Authorization and Receipt. Nikki Sewell LCSW LLC only accepts digital and electronic forms of payment such as credit card or debit card through Thinkific Payments.

• Issues with Payment.  If payment of the Course Fee is not received by the time of Enrollment, or there is a problem with the payment transaction or method, the Participant will be notified by e-mail, and the Participant’s account will be put on hold. The Participant shall have five (5) business days following the Enrollment to complete payment of the Course Fee in full; otherwise, the Participant's access to and inclusion in the Course will be automatically terminated.

• In signing up for this Course, the Participant agrees that registering for this course will not create undue financial hardship.

• Refund Policy. It is Nikki Sewell LCSW LLC's intention for each Participant in the Course to have a great experience.  In light of the time, effort, and resources invested in the Course, though, no refund of the Course Fee shall be provided to any Participant.

• Chargebacks. Chargebacks are not permitted. 

• Terms of Service. The Participant shall abide by the terms and conditions contained in the Course's Terms of Service.

COURSE DISCLOSURES.

• Understanding and Acceptance of Terms. By enrolling in the Course and paying the Course Fee, Participant shall confirm that they have read and reviewed this Agreement, consent to its terms and provisions, and agree to be bound by it. Additionally: 

• The Course and all content and materials provided are being provided as self-help tools for the Participant’s own use only for informational and educational purposes.

• Many factors influence results, so no guarantees can be made regarding the results the Participant may experience through this Course. The Participant shall agree that Nikki Sewell LCSW LLC is not responsible for the Participant’s physical, mental, emotional, and spiritual health, or for the Participant’s financial earnings or losses, or any other result or outcome that the Participant may experience through this Course. This Course is not intended to provide mental health services or legal or financial advice in any way. It is the Participant's responsibility to retain their own legal counsel and/or financial advisor, accountant, or other professional.
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• At all times, it is the Participant's sole responsibility to consult with their own medical or mental health professional for any questions related to a medical or mental health situation. For specific questions related to a Participant’s financial, legal, or tax situation, it is also the Participant’s responsibility to consult with their own attorney, accountant, and/or financial advisor. Any recommendation of any third-party resources, websites, programs, products, or services are offered by Nikki Sewell LCSW LLC for educational purposes only. 
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• Age Restriction. All Participants must be at least 18 (eighteen) years of age to use any website or online portions of the Course, enroll and participate in the Course, or access any Services contained or provided herein. By participating in the Course, the Participant represents and warrants that they are at least 18 years of age, of competent and sound mind to enter into a contractual agreement, and can legally consent to the terms of and sign this Agreement. Nikki Sewell LCSW LLC assumes no responsibility or liability for any misrepresentation of a Participant’s age.

• License to Use Websites, Online Forums, and Course Materials. Nikki Sewell LCSW LLC may provide Participant with certain information as a result of the Participant’s accessing of the Course through any website or access to any online platforms provided by Nikki Sewell LCSW LLC as part of the Course. Such information may include but is not limited to worksheets, documents, documentation, data, or information and other materials developed by Nikki Sewell LCSW LLC and which may assist the Participant in their completion of and participation in the Course (the "Materials"). Subject to this Agreement, Nikki Sewell LCSW LLC grants the Participant a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with Participant participation in the Course and Participant’s use of any website or online platform provided by Nikki Sewell LCSW LLC. The Materials may not be used for any other purpose. This license terminates upon Participant completion of the Course, the Participant de-enrolling or being removed from the Course, or upon the termination of this Agreement.

• Exclusivity of Materials and Content. By signing this Agreement, the Participant shall agree to not share the Materials with any party, individual, or entity outside of Nikki Sewell LCSW LLC. If Nikki Sewell LCSW LLCgains evidence to suggest that the Course or Materials are being shared and/or that the Participant has shared their log-in information for any secure access to the online portion of the Course with any party, Nikki Sewell LCSW LLC reserves the right, in its sole and exclusive direction, to immediately terminate the Participant’s enrollment in, and access to the Course.

• No Guarantees. Nikki Sewell LCSW LLC cannot and does not offer any promises or guarantees regarding a Participant’s success concerning the Course or Course Materials.  The Participant also acknowledges and agrees: 

• The Participant is solely and exclusively responsible for the choices that they make with regard to this Course, the Materials contained within it, or any outcome in the Participant’s life or for their business, whether positive or negative, that results from the Participant’s enrollment and completion of the Course.
• The Participant is solely and exclusively responsible for their own success, their own mental health, physical health, for any business decisions, and any other actions or inaction they may choose to take during their Enrollment in or after completing the Course;
• The Participant agrees they shall not hold Nikki Sewell LCSW LLC liable under any circumstances for any result or non-result or any consequences which may come about due to the Participant’s enrollment or completion in the Course;
• This Course does not constitute a therapeutic relationship or a medical one. Nikki Sewell LCSW LLC is not and does not provide therapy or medical services as part of this Course, and the Participant is fully responsible for procuring these services at their own will and discretion if they should need them.

• Intellectual Property Rights. Both the Participant and Nikki Sewell LCSW LLC shall have certain intellectual property rights, as follows:
  
  • Nikki Sewell LCSW LLC’s Intellectual Property Rights. Nikki Sewell LCSW LLC shall retain all ownership and intellectual property rights to the Course and the Course Materials and any other content provided to the Participant due to their Enrollment. This shall include all copyrights or trademarks belonging to Nikki Sewell LCSW LLC. The Materials being provided to the Participant by Nikki Sewell LCSW LLC are for the Participant’s use only as part of their Enrollment under a single-user license; the Participant is therefore prohibited from sharing, copying or duplicating, selling or reselling, trading, posting online, distributing, reproducing, or otherwise disseminating any portion of the Course or the Course Materials, whether digitally, in hardcopy, or any other format for their own personal business or commercial use or financial gain, without the prior written authorization of Nikki Sewell LCSW LLC.
  • The Participant’s Intellectual Property Rights.  Nikki Sewell LCSW LLC acknowledges that during the Course, the Participant may develop or create work product resulting from their Enrollment and participation in the Course, including but not limited to copyright and trademark rights as business ideas or content. Nikki Sewell LCSW LLC shall agree not to claim any such ownership in this work product or intellectual property at any time.
• Assumption of the Risk. The Participant agrees that they are voluntarily participating and enrolling in the Course of their own volition. The Participant agrees to accept and bear sole responsibility for themselves, their behavior, and any decision or course of action undertaken by them, whether before, during or after their Enrollment in and completion of the Course. In conjunction with Section 2h below, the Participant shall agree not to hold Nikki Sewell LCSW LLC liable in any way for their own decisions, behavior, or course of action they may undertake. The Participant knowingly assumes all of the risks of participating in the Course related to their use, misuse, or non-use of the Course or any of the Course's related content or Materials.

 LIABILITY AND RELEASE OF CLAIMS. 

• No Liability. The Course and any related Materials are provided for informational purposes only. The Participant acknowledges and agrees that any information provided as part of the Course, provided in the Materials, or on any online platform used by Nikki Sewell LCSW LLC as part of the Course, is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between the Participant and Nikki Sewell LCSW LLC. The Participant further agrees that their participation in the Course is at the Participant's own risk. Nikki Sewell LCSW LLC does not assume responsibility or liability for any information or advice provided in the Course, in the Materials, or on any online platform used by Nikki Sewell LCSW LLC in conjunction with the Course.

• Indemnification and Release of Claims. The Participant agrees to defend, indemnify, hold harmless and release Nikki Sewell LCSW LLC, its owners, employees, contractors, agents, or related third-parties or affiliates, against all liability, legal claims or demands, damages, causes of action, allegations, suits, sums of money, and attorney's fees which may arise from either the Participant's participation in the Course, and/or due to any information, services, products, and Materials provided to the Participant, or from actions or results to adverse situations created as a direct or indirect result of specific information or recommendations that the Participant may receive through this Course. 

 COURSE PARTICIPATION AND CONDUCT.

• Participant Expectations and Responsibilities. As a condition for being permitted to participate in the Course, the Participant agrees to abide by the following expectations and responsibilities:

1)    Invest in at least 60 minutes (one contact hour) by completing Module 1.

2)    Engage in watching each video lesson in Modules 2-6 to obtain CE credit.

3)    Complete the course evaluation as required by NASW-CT.

4)    Complete the post-test and achieve a satisfactory score of 9 or 75% only after having completed all 6 modules.

5)    CEU credit can be offered between April 24, 2022 – April 24, 2024. Any attempts to obtain CEUs outside of that timeframe is not allowed.

6)    This course has been approved for 6 CEUs for CT-based LCSW, LMFT, LPC, and licensed psychologists. If Participant is not licensed in the state of CT, it is the responsibility of the Participant to verify with their licensing board if CEUs can be used toward license renewal in their jurisdiction. 

7)    Be professional, respectful, and kind toward all other Participants and staff of Nikki Sewell LCSW LLC both during scheduled sessions and meetings, as well as within any other communication between the Participant and their fellow Participants and staff of Nikki Sewell LCSW LLC.

8)    Abide by all the provisions and conditions of this Agreement.

Non-Disparagement Clause.  By signing this Agreement, the Participant shall agree to not publicly or privately make any negative or critical comments about the Course, Nikki Sewell LCSW LLC, its owners, employees, contractors, agents, or related third-parties or affiliates. The Participant shall also agree to not communicate with any other individual or entity in a way that disparages the Course, Nikki Sewell LCSW LLC, or harms the reputation of Nikki Sewell LCSW LLC in any way, including online on or on social media at any time.  

CONFIDENTIALITY PROVISIONS.

• Confidentiality in General. While enrolled in the Course, Nikki Sewell LCSW LLC and its staff shall keep all information shared privately by the Participant confidential, including during private one-on-one sessions with the Participant or in other communications between the Participant and Nikki Sewell LCSW LLC or its staff.  At times, though, there may be exceptions to the confidentiality of information shared by a Participant with Nikki Sewell LCSW LLC or its staff.   By signing this Agreement, the Participant shall acknowledge and consent to the following exceptions to a Participant’s confidentiality:

• If disclosure is required by law or due to any legal action or lawsuit;
• If there are concerns regarding the safety or health of the Participant or other Participants;
• To respond to any negative or disparaging comments or posts, online or otherwise, made by the Participant, in violation of the terms of Section 3d, above;
• If the Participant has specifically granted prior written permission for any disclosure.

• Confidentiality Related to Group Calls, Meetings, and Gatherings. During the Course, the Participant may be offered the opportunity to take part in a group call, meeting, or other activity where Participants in the Course may gather together, whether in person, by phone, or via videoconferencing technology.  By signing this Agreement, the Participant acknowledges their consent and understanding that:

• Any sharing of information by the Participant in a group setting is entirely voluntary by the Participant, and there is no obligation by the Participant to share information that would otherwise be reasonably considered confidential;

• The confidentiality of any information a Participant chooses to share may not be entirely protected due to the group setting. As such, Nikki Sewell LCSW LLC shall not be responsible for any unauthorized use of any or all information that the Participant may share with the other Participants in a group setting.  

• Recording of Group Gatherings. The Participant shall acknowledge their understanding and consent that all group activities will be recorded, where applicable, and shared with the group Participants within a certain amount of time following the group gathering.  By signing this Agreement, enrolling and participating in the Course, including in group activities with other Participants, the Participant consents to the recording of their voice, image and/or name and likeness, and per the Terms of Service. 

DISPUTE RESOLUTION. 

In the event of any disputes between the Parties regarding this Agreement or the Course, or the termination of this Agreement, the Parties agree to notify each other in advance, in writing. The Parties shall agree that if they are unable to reach a resolution within thirty (30) days from the date of their written notification to the other Party, the Parties shall agree to submit all disputes arising under this Agreement to arbitration in State of Connecticut before a single arbitrator of the American Arbitration Association ("AAA"), jointly selected by both of Parties unless otherwise agreed to in writing by both Parties.  The Parties shall agree that the only remedy that can be awarded is the full refund of the Course Fee. No other actions or financial awards of consequential damages, or any other type of damages, shall be permitted to be granted. Both Parties agree that the arbitrator's decision is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. The Parties shall also agree that the prevailing party shall be entitled to all reasonable 'attorneys' fees and all costs necessary to enforce the decision of the arbitrator. 

TERMINATION. 

Either Party may terminate this Agreement at any time for any reason, with or without cause.  If either Party wishes to terminate this Agreement, they may do so by providing ten (10) days' written notice to the other Party in writing of their intent to terminate the Agreement.  Additionally:

• Nikki Sewell LCSW LLC specifically reserves the right to terminate this Agreement if the Participant violates any of the terms and provisions within the Agreement, outlined herein, including, but not limited to, violating the intellectual property rights of Nikki Sewell LCSW LLC as detailed under this Agreement, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. 

• The Participant may also terminate this Agreement at any time by contacting Nikki Sewell LCSW LLC in writing and requesting termination.

• At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect; this includes all of the terms regarding the Refund Policy and Intellectual Property terms.

• The Participant acknowledges their understanding and acceptance that if either Party terminates this Agreement, the Participant shall not be entitled to any refund under any circumstances.
  

 MISCELLANEOUS PROVISIONS.

•  Force Majeure: If any cause beyond the reasonable control of Nikki Sewell LCSW LLC including, without limitations, "acts of God", nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, labor strikes, civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or any other instances that make it inadvisable, illegal, or impossible for Nikki Sewell LCSW LLC to perform its responsibilities or obligations under this Agreement, shall excuse Nikki Sewell LCSW LLC and make Nikki Sewell LCSW LLC not be liable for a reasonable period of delay or for the inability to indefinitely fulfill Nikki Sewell LCSW LLC ' #'s responsibilities and obligations.

• No Assignment. This Agreement shall not be assigned, whether whole or in part, by either Party without the other Party's written consent. Any attempt by the Participant to assign this Agreement, and the rights and responsibilities afforded therein, shall render the Agreement null and void and immediately terminate this Agreement. 

• No Third-Party Beneficiaries.  Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or to give any person or entity, other than the Participant and Nikki Sewell LCSW LLC, any right, benefit, status as a third-party beneficiary, or remedy or claim under or by reason of this Agreement, or any covenant, condition, or stipulation of this Agreement.

• Modifications and Amendments. This Agreement may only be supplemented, amended, modified, or revised in writing and if signed by Nikki Sewell LCSW LLC and the Participant. 

• Choice of Law and Venue. This Agreement shall be construed by and governed under the laws and regulations of the State of Connecticut. Any suit, action or other proceeding whatsoever relating to this Agreement shall be per the terms enumerated above under Section 5, Dispute Resolution, and/or, must be brought in the courts sitting in the State of Connecticut, and the Parties accept the jurisdiction of such courts and waive any objections based on personal jurisdiction or venue. 

• Injunctive Relief. The Participant hereby acknowledges that, in light of the unique nature of the protections and provisions established and contained within this Agreement, Nikki Sewell LCSW LLC may suffer irreparable harm if the Participant were to breach any of the protections or provisions under this Agreement, and that monetary damages may be inadequate to compensate Nikki Sewell LCSW LLC for such a breach. Therefore, if the Participant were to breach any of the provisions of this Agreement, then Nikki Sewell LCSW LLC shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.

• Severability. if any part of this Agreement shall be held to be unenforceable, invalid, or illegal, either legislatively or judicially, such provision will be severed from this Agreement and the rest of the Agreement shall remain in full force and effect. 

• Waiver. The failure of Nikki Sewell LCSW LLC to insist upon strict adherence to any term in this Agreement on any occasion shall not be considered a waiver nor shall it deprive Nikki Sewell LCSW LLC of the right after that to insist upon strict adherence to that term or any term of this Agreement.  

• Notice. All notices, requests, consents, and other communications hereunder between Nikki Sewell LCSW LLC and the Participant shall be deemed to be sufficient if contained in a written instrument that is either duly sent by first class, registered or certified mail, postage prepaid, return receipt requested, by messenger or overnight delivery service with receipted service to the other Party's mailing address or respective email address listed in the signature block below.   Either Party may send Notice by email or other electronic communication, provided that they also comply with the above terms regarding Notice.

If the address or email address of either Party should change, both Nikki Sewell LCSW LLC and the Participant agree to provide notice, in writing of any such change to the other Party; email shall be deemed sufficient for Notice related to a change of a Party's email address.    

• Acceptance of the Terms of Service. The Participant shall agree to accept the Terms of Service.

• Superseding Agreement.  Both Parties agree that this Agreement supersedes, replaces and/or cancels all prior oral or written agreements, memoranda, correspondence or other communications between Nikki Sewell LCSW LLC and the Participant. 

• Entire Agreement. This Agreement constitutes the entire understanding and agreement between Nikki Sewell LCSW LLC and the Participant, and it cannot be changed or modified orally. This Agreement may only be supplemented, modified, or revised in writing and signed by Nikki Sewell LCSW LLC and the Participant.