WAIVER AND CONSENT AGREEMENT

To participate in a THRIVE Program, review and consent to the terms and conditions below.

1. Program Background and Description


The THRIVE Program has been developed to help Participants (as defined herein) learn and experience a range of evidence-based practices for building individual and collective well-being. For more information, visit www.discoverhowtothrive.com. The THRIVE Program consists of and includes the Curriculum and Materials (as defined herein), and all Intellectual Property related thereto, and is exclusively owned and authored by THRIVE Institute, LLC, a third party. The THRIVE Program is being offered by an independent institution or organization (the “Provider”) that acquired a non-exclusive license to use the THRIVE Program from THRIVE Institute, LLC. The Provider has agreed to certain terms and conditions pursuant to its license to administer the THRIVE program properly at Provider’s site for Provider’s participants. THRIVE Institute, LLC is not supervising or monitoring the Provider in administering the THRIVE Program. THRIVE Institute, LLC specifically disclaims all responsibility for any claim, liability, loss, damages or risk, personal or otherwise, incurred as a consequence, directly or indirectly, from the use and application of the THRIVE Program, THRIVE Curriculum and/or THRIVE Materials.

“Participant” shall mean (i) the adult individual enrolling in a THRIVE Program and/or (ii) the guardian thereof if the individual enrolling is less than 18 years of age.

“Materials” shall mean all print and electronic material regarding the THRIVE Program, including but not limited to (a) the Curriculum (which includes but is not limited to (i) nine (9) instructor digital presentation files (.ppt), (ii) an instructor training manual document (.pdf), (iii) a participant consent form (.pfd or html), (iv) a participant feedback form (.pdf or html), (v) a program schedule template (.ppt), and (vi) a budget tracker document (.xlxs), but excluding any third party intellectual property contained therein), (b) the THRIVE website, (c) THRIVE workbooks (titled THRIVE: A Guide to Individual & Collective Well-Being by Christie Versagli, but excluding any third party intellectual property contained therein), (d) THRIVE training and recruitment materials, (e) THRIVE instructor materials and handouts, (f) THRIVE advertisements, and (g) THRIVE slideshows or other presentations.

“Intellectual Property” includes but is not limited to any new and useful process, software, copyrighted work, or tangible property. THRIVE Institute, LLC reserves all rights, title and interest in and to Intellectual Property developed by THRIVE Institute, LLC independently or developed by THRIVE Institute, LLC as a result of Provider and participant input or support, and such Intellectual Property and related material is and shall remain the exclusive property of Company.

THRIVE Program meetings aim to help Participants learn and experience evidence-based skills for effectively managing areas of well-being such as thoughts, health, relationships, impact, vision, and emotions. The Program is designed to give Participants the chance to relax, reflect, and engage in self-awareness and personal growth exercises and may include, at Provider’s discretion, group discussions; interesting, interactive lectures; experiential trips, if offered by the Provider; guest speakers with expertise on well-being topics and/or support resources, if offered by the Provider; and short homework assignments designed to be fun or interesting to help Participants apply the well-being practices to their own lives. Participants will also be collaborative and offer empathy and support to one another in their well-being pursuits and in efforts to build meaningful relationships.

Adult participants or the legal guardians of minor participants must agree to the terms and conditions set forth in this Agreement prior to commencing participation in the THRIVE Program. THRIVE Program Participants should not be asked to participate in any formal research; however, in order to support THRIVE Program enhancements and improvements, Participants will be asked to provide their input on the Program throughout the duration of their participation and at the completion of the Program.




2. Risks and Benefits


The THRIVE Program aims to reduce future health crises by equipping Participants with well-being awareness, skills, and support resources. Participants will be given the opportunity to share personal information with their group members for the purposes of building relationships and giving and receiving support. Each participant may choose how much information to disclose and set their own boundaries and limits for what they are comfortable sharing with others in meetings. Participants are not to be coerced or pressured to make disclosures outside of their limits.

It is possible that engagement with the subject matter in this Program could raise strong emotions or greater awareness of existing or unresolved personal issues or memories. If any personal concerns arise during the course of this Program, during or after Program meetings, the participant should alert the instructor and/or Program Provider immediately for assistance. It is the responsibility of the participant to seek and obtain appropriate assistance. Individuals presently engaged in personal therapy, with a history of therapy, or with limiting or special medical or psychological conditions should seek permission from their therapist or healthcare provider before participating in the THRIVE Program and notify the instructor and/or Program Provider if any accommodations are needed. Individuals under significant distress or pressure, or individuals suffering from any immediate or unresolved personal issue or crisis, should not participate in the THRIVE Program and should consult a professional healthcare provider for help with resolving the issue(s) before participating in this Program.

The THRIVE Program is for educational and community-building purposes only. The THRIVE Program, Curriculum, and Materials are not intended as a substitute for individual, professional physical or mental health advice and treatment. Participants should not rely on this Program or any associated Materials as a substitute or replacement for professional medical or mental health advice, diagnosis, or treatment. Participants should neither alter any medications or regimes nor adopt any practice shared in the THRIVE Program before consulting their healthcare providers. Please consult your doctor or a healthcare provider before adopting any of the suggestions in this Program. If you have any concerns or questions about your health or well-being, you should always consult with a physician or other qualified healthcare professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your qualified health care professional because of your participation in this Program. The Program Provider and THRIVE Institute LLC specifically disclaim any and all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

Participation in the THRIVE Program, including any on- or off-site experiential activities arranged by the Provider, is entirely voluntary and solely at your own risk. Participants must use the transportation provided by the Provider to and from any activities arranged by the Provider, or Participants must arrange for their own transportation to and from any activity arranged by the Provider if/as requested by the Provider. Participants who choose to engage in the Program activities assume any and all risks associated therewith. Neither the Provider nor THRIVE Institute LLC, their respective directors, officers, employees, or agents shall be liable for any injury directly or indirectly arising out of participation in the THRIVE Program or the use of any associated Materials.




3. Voluntary Participation and Right to Withdraw


Participation in the THRIVE Program is entirely voluntary. Participants choose whether to participate, and whether and when to withdraw. If a participant decides not to participate, or if a participant decides to withdraw, there are no penalties, and such participant will not lose any benefits to which they would otherwise be entitled, unless explicitly stated to the participant by the Program Provider prior to participation in the Program (e.g., loss of course credit). Any participant wishing to withdraw from this Program shall so advise the Program instructor or Provider to discuss withdrawal.




4. Participant Ineligibility


Under certain circumstances, the Program instructor or Provider may decide to end a participant’s participation in the THRIVE Program before completion of the Program, or before beginning the Program, at Provider’s sole discretion. Participation may be terminated if any information provided or received before or during the course of this Program indicates that a participant could be in danger or distress, in need of professional medical or mental-health services, disruptive to other participants, and/or at risk of harm to themselves or someone else.




5. Confidentiality


To support feelings of trust, safety, and openness during meetings, the THRIVE Program instructor will strongly encourage all participants to respect and uphold confidentiality for all participants by not sharing any information participants disclose during the Program to third parties or outsiders. Please note, confidentiality cannot be guaranteed in a group setting from anyone other than the instructor. The instructor, however, may provide otherwise confidential information as required by law or as the instructor deems necessary for professional or ethical purposes, such as to protect a participant or others from foreseeable harm.

Any Program records that may include individual identifying information (including but not limited to homework assignments, emails, and feedback forms) will be kept confidential to the extent required by law. Throughout the duration of this Program, records that identify you will be available only to people facilitating this Program, unless explicit permission is received for its release. All THRIVE Program Participants hereby grant THRIVE Institute LLC permission and full rights to share their anonymous quotations and input about the Program with third-parties. THRIVE Institute LLC will share only anonymous data and information with third parties and may report results that are grouped or presented so that no one can identify individual participants or recognize their information.

Please read our Privacy Policy found here: https://www.discoverhowtothrive.com/privacy.




6. If You Have Questions or Concerns


You can ask questions about the THRIVE Program or share any concerns any time by contacting the Program instructor, the Program Provider, THRIVE Institute LLC (info@discoverhowtothrive.com), or your personal mental or physical health care provider.




7. Waiver & Consent


Participant Conduct

As a Participant in the THRIVE Program, and for the duration of participation in the Program, I agree to …

  1. confirm that my Program Provider has been verified by THRIVE Institute LLC to offer the THRIVE Program.

  2. be cooperative and actively engaged in the duration of the THRIVE Program meetings.

  3. be on time for meetings and stay for the entire length of the session.

  4. complete the Program activities, homework, and anonymous feedback form assigned by the instructor, unless excused by the instructor.

  5. be respectful of the instructor, listening quietly to lectures.

  6. be considerate of peers by encouraging and upholding unity, sensitivity, compassion, understanding, trust, safety, and support.

  7. maintain the confidentiality of information disclosed by other participants during the course of the THRIVE Program.

As a Participant in the THRIVE Well-Being Program © conducted by the Provider, I understand that I will be asked to complete anonymous feedback forms while I participate in the Program to contribute data that may be used to assess, share, and endorse the potential effects and use of the Program. I give my permission to be audio recorded for the purposes of documenting Participant feedback when Participants are given a chance to share their impressions about the Program at the final meeting and will be notified of the recording start and end. I give THRIVE Institute LLC my permission to use and share in any third-party disclosures (including but not limited to marketing materials and reports), on a strictly anonymous basis, any feedback, insights, and quotations I provide about the Program and as a result of the Program in feedback forms, assignments, recordings, and correspondence.

Images

I hereby grant THRIVE Institute LLC permission to use my likeness in a photograph, video, or other digital media that is obtained while I am engaged in the Program or as a result of my participation in the Program (“Image”) in any and all of its publications, including web-based publications, without payment or other consideration or notification of such use. I understand and agree that all Images will become the property of THRIVE Institute LLC and will not be returned. I hereby irrevocably authorize THRIVE Institute LLC to edit, alter, copy, exhibit, publish, or distribute these Images for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the Images. I hereby hold harmless, release, and forever discharge THRIVE Institute LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

Assumption of the Risk

I understand that although the Program is a compilation of content that is largely evidence-based, it has not been empirically validated as a whole by formal research. I acknowledge that the THRIVE Program and its content is designed for supporting individuals and communities in building well-being, and it is not designed and should not replace professional medical or mental health advice, diagnosis or treatment. If exposure to the Program raises any concerns for me or others at any time, I agree to immediately notify the instructor or Program Provider for assistance.

I acknowledge that participation in the THRIVE Well-Being Program © is entirely voluntary and solely at my own risk. In consideration for my participation in the THRIVE Program and all related activities, I hereby release, and agree to indemnify and hold harmless, THRIVE Institute LLC, Christine G. Versagli, the Provider, and their employees, representatives, or agents, of and from, and do discharge and waive, any and all present and future claims, demands, losses, damages, and liabilities that may be made by me, my family, estate, heirs, or assigns for any liability, loss, injury or risk, personal or otherwise, arising as a result, directly or indirectly, of my participation in or the use and application of any of the contents in the THRIVE Program.

Intellectual Property Rights

I recognize and agree that the copyrighted THRIVE Program, Curriculum and Materials are authored and owned exclusively by Christine G. Versagli and THRIVE Institute LLC, and that all Materials for this program shall be purchased exclusively through the THRIVE Institute, LLC website (www.discoverhowtothrive.com) or its authorized distributors. I understand and agree that no part of the THRIVE Program, Curriculum and/or Materials may be copied, reproduced shared, distributed or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without prior written permission from THRIVE Institute, LLC.





By entering and submitting your information below, you are confirming that you have read and you understand all information on this page, and that you agree to the terms and conditions set forth above and below.

I am 18 years old or older, and I wish to participate in the THRIVE program. My information is below.

I am the legal guardian of a minor who wishes to participate in the THRIVE program. Our information is below.

By clicking the "I Agree" button below, you represent and warrant that: (a) you are 18 years old or older, (b) you have read and understood this agreement, (c) you are willing and able to participate in a THRIVE program, (d) the information you are submitting above is true and accurate for you, and (e) you agree to the terms and conditions set forth in this agreement.

By clicking the "I Agree" button below, you represent and warrant that: (a) you are 18 years old or older and the legal guardian of a minor willing and able to participate in the THRIVE program, (b) you and the minor have read and understood this agreement, (c) the information you are submitting above is true and accurate for you and the minor under your care, and (e) you and the minor agree to the terms and conditions set forth in this agreement.

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