Congratulations on finishing the training modules! You are now eligible for the final step of certification. Please read the agreement below, sign and complete the form. Be sure to upload your statement telling us about your learning experience and why you think you are ready to be certified.
Hilary, Dana & Sirius
BODY TRUST® PROVIDER CERTIFICATION AGREEMENT
We are so excited that you have completed our Body Trust® Provider Certification Training. Please read this information carefully.
The purpose of this Agreement is to set forth the details about the Certification so that you are clear as to the requirements for certification, the expectations of you, and the support/mentoring you can expect to receive from us in becoming a Certified Body Trust® Provider .
It is our desire to serve you whole-heartedly in this Certification with love, support and guidance. We want you to be fully committed to this process as you learn tools and tips to help you lovingly and holistically serve your clients in your own practice.
This Agreement is made today between Be Nourished, LLC (“we” or “us”) and Body Trust® Provider (or “you”), on the date set forth below. We both legally agree to the following:
Certification as a Certified Body Trust® Provider was developed to create a referral community of embodied practitioners who use a weight-inclusive paradigm to help people heal relationship with food and body. Please note that this Certification is intended for practitioners that already have training as a helping professional, and is not intended to be a stand-alone program or training.
Certification Candidate Requirements.
To become eligible to become a Certified Body Trust® Provider, you must have successfully completed the following Certification Candidate requirements. It is required that you:
- Complete the Promoting Body Trust® in Clinical Practice e-course as a prerequisite for enrolling in the Certification Training Program.
- Attend and actively participate in the Certification Program Training Kick-Off Retreat in its entirety, if applicable to your cohort.
- Participated in bi-monthly conference calls
- Read the required books
- Completed the 25 online modules.
- Wrote a statement or letter telling us about your learning experience and why you think you are ready to be certified.
Once you have completed the Certification Candidate requirements, to become a Certified Body Trust® Provider, you must have successfully completed the following Certification requirements:
- Complete the Certification Candidate requirements.
- Provide a copy of your current license if you are a licensed practitioner.
- Provide a copy of proof of malpractice insurance coverage, if your licensure requires that you maintain insurance.
- Complete, sign and return the Certification Agreement and Form to show that you have completed all Certification requirements.
- Provide your headshot photo and contact information for inclusion in the Certified Body Trust® Provider Directory.
Upon successful completion of the Certification Requirements, Certification as a Certified Body Trust® Provider (“Certification”) gives you the right to:
- Identify and market yourself as a Certified Body Trust® Provider
- Use the Certified Body Trust® Provider logo and Body Trust® logo on your website and marketing materials
- Use Body Trust® branded materials, including those labeled “Body Trust® ProfessionalTools”, specifically provided by us and in accordance with our branding guidelines
- Attend Quarterly Conference Calls with us to ask questions and discuss cases
- Receive quarterly updates from us
- Be included in our Certified Body Trust® Provider Directory on our website
- Receive discounted pricing on products & swag
- Receive ongoing access to our Facebook community of providers
Upon Certification, it is our expectation and your responsibility at all times to:
- Respect and comply with all of the terms of this Agreement
- Follow the Certified Body Trust® Provider methodology with your clients, including for the specific purpose of self-healing and not as a plan for body change
- Not market, endorse or promote weight loss efforts or techniques to your clients inconversations or through your website, marketing materials or practice
- Not market, endorse, promote or sell cleanses, specific diets or eating philosophies or diet products to your clients in conversations or through your website, marketing materials or practice (please note that you may sell supplements, essential oils or other products as long as you are not promoting them as tools to support weight loss or to suppress or control appetite)
- Use all materials provided to you through the Training Program, Certification, and Certification Benefits as intended and instructed
- Follow all branding guidelines provided for use of all materials and the Certified Body Trust® Provider logo and Body Trust® logo, respecting all copyright and trademark rights
- Not publicly or privately disparage us or the Training Program, Certification, Program Materials, brand or logos, or any other aspect of the Certification or Be Nourished, LLC
- Ask any questions you may have as they arise
- Follow your licensure requirements, state laws, and scope of practice requirements at all times, and engage in the proper and ethical care of your clients
Should you have a question related to technology issues with the Certification, you may send an email to us at HilaryDana@BeNourished.org. No phone calls or texts please. Our office hours are 9:00 a.m. to 5:00 p.m. PT weekdays. We do our best to reply to you within 72 hours during weekdays, and by the next business day after weekends and holidays.
Investment and Payment.
Certification Fee: Your Certification fee is included in the cost of the Body Trust® Certification Program.
Final Payment: If there are any outstanding payments due at the time of Certification, full payment is required before becoming Certified.
Refund Policy: We want you to be happy with your Certification. However, because we have invested considerable time, energy, love and effort in your Certification, if you decide to withdraw for any reason whatsoever, you may do so, but please be aware that you still will remain fully responsible for the full cost of the Certification, and no refunds or transfers of any kind will be provided.
Certification Term: Your Certification Term starts the day that Certification is granted and will remain in effect as long as engagement in the Body Trust® Provider community remains consistent and/or you do not cancel your Certification.
Provided you have remained engaged in the Body Trust Provider® community and you comply with all of the terms of this Agreement, you will continue to receive the same Certification Benefits as originally granted. We reserve the right to change the Certification Benefits and Term at any point in the future due to changes in circumstances, although we would not do so without providing you with ample notice in advance of any such changes or fees.
Certification Cancellation. Should you choose to cancel your Certification, you will lose your privilege to market and call yourself a Certified Body Trust® Provider and the right to receive and use all Certification Benefits. You will be required to immediately stop using the Certification and Certification Benefits and you will have 30 days following notification to remove all references to holding yourself out as a Certified Body Trust® Provider on your website and all marketing materials. You will have the right to state that you went through the Certification process as a part of your bio, but you may not in any way represent that you are currently a Certified Body Trust® Provider.
Revocation of Certification.
Our expectation is that you will fully comply with the terms of this Agreement. However, we reserve the right to immediately terminate this Agreement and/or revoke your Certification and the provision of Certification benefits in our sole discretion at any time if you:
- Violate or breach any of the terms of this Agreement
- Engage in illegal or unethical conduct
- Behave unprofessionally in a way that reflects poorly on our Training Program, Certification or us
- Use the Certified Body Trust® Provider methodology in a way that is inappropriate or contrary to the terms of this Agreement
- Market, endorse or promote weight loss efforts or techniques to your clients in conversations or through your website, marketing materials or practice
- Market, endorse, promote or sell cleanses, specific diets or eating philosophies or diet products to your clients in conversations or through your website, marketing materials or practice (please note that you may sell supplements, essential oils or other products as long as you are not promoting them as tools to support weight loss or to suppress or control appetite)
- Fail to comply with your local, county, state or federal laws regarding nutrition education
- Fail to comply with your state licensure, governing board and ethics requirements, if you are a licensed practitioner
We will keep all information exchanged during the Certification process in strict confidentiality. We are prohibited from disclosing protected confidential information to anyone else without reason to know such information, except to team members or contractors who have a reasonable need to know such information, as when required by law, or upon written authorization by you.
Intellectual Property Rights.
Our Limited License to You: This Certification, Certification Benefits and all other information related to the Certification and Be Nourished, LLC, are the sole property of us and protected by copyright, trademark, and other intellectual property laws with all rights reserved, including without limitation the content, layout, design, data, databases and graphics related to the Certification unless otherwise indicated. We are granting you a limited license with permission to use our intellectual property related to the Certification in your business provided you do so with permission and restrictions in accordance with this Agreement. This means that when you sign this Agreement, you are purchasing the limited right to use all of the Certification Benefits exactly in the form and manner that is instructed and provided by us, unless otherwise specified. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for limited commercial use only, limited to you only.
Trademarks and Copyrights: The trademarks and logos which are displayed in the tools, logo, website and anything else related to the Certification or Be Nourished, LLC are logos and trademarks belonging to us. For our trademarks and logos for which you are granted permission to use, our trademark indicia must be included at all times. For any materials or Certification Benefits that may be provided to you, our copyright indicia must be included at all times. You may not use our logos, taglines, website content or any language relating to the Certification, Certification Benefits, or us in a manner that constitutes an infringement of our rights or that has not been authorized by us.
Permissible Activities: The limited license that we are providing to you grants you the permission to do the following:
- You may use any materials labeled “Body Trust® Professional Tools” which are provided as a Certification Benefit but: (1) you must retain the copyright indicia “©Be Nourished, LLC” on the bottom of the footer of the document at all times, and (2) you must use them as is, without editing the content or adding your logo or any other information.
- Upon Certification, you are permitted to use the Certified Body Trust® Provider logo and the Body Trust® logo that you will receive from us and add it to your website and other marketing materials. You agree to use these logos, taglines and any other language relating to the Certification and the Certification Benefits pursuant to the instructions as provided by us to you, and according to the limited license restrictions as set forth in this Agreement.
- You have a limited license to use the Certification and Certification Benefits as provided to you by us in accordance with the directions we provide.
Information You Are Prohibited from Sharing with Others: You understand and acknowledge that the information obtained through your Certification has been developed by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.
When you obtain Certification, you expressly agree that you will not use our content in any way that is contrary to this Agreement. You agree that you are clearly and expressly forbidden from doing the following:
- You may not alter the logo, tagline, or trademark indicia in any way from any of the Certification materials or Certification Benefits, and you may not remove trademark or copyright indicia from any of these items in accordance with the directions provided to you and as set forth in this Agreement.
- You may not alter or misrepresent the Certification or Certification Benefits in any way as yours or in any way created by you.
- You are explicitly prohibited from training other licensed practitioners, coaches, holistic health care professionals or any other person in using our methodology, or any other aspect of the Training Program, Certification or Certification Benefits. Unless otherwise explicitly authorized in this Agreement, you may not duplicate, share, or sell the Training Program, Certification or Certification Benefits with any other person, and you are not authorized to train other licensed practitioners, coaches, holistic health care professionals or any other person or business how to use or create a Certification program for their own commercial or business use with their own clients. Anyone who intends to use the Certification for his or her own commercial or business use is required to successfully complete the Certification requirements and obtain Certification directly from us. If you obtain or receive knowledge that someone else intends or uses the Training Program, Certification or Certification Benefits without our express written permission, you agree to notify us immediately. Violation of this section may be considered theft or stealing, and therefore you would be acting without permission and directly contrary to, and in violation of, the limited license you have been granted through this Agreement.
- You may not use the Certification training or Certification Benefits in any way to make you money outside of the limited license you are being granted through this Agreement, such as selling our materials to others or including them, in whole or in part, in an e-book, book that is self-published or published through a publishing company and/or online through kindle, amazon.com, nook, etc., regardless of whether you add your own unique material to it or not.
- You are expressly forbidden from creating your own program or course that is identical or substantially similar to the Training Program, Certification or Certification Benefits for any business or commercial use. Because of the time, energy and effort required to develop the Training Program, Certification and Certification Benefits, if you do so, you may be considered to be stealing copyrighted, trademarked, and proprietary information that belongs to us, and you agree that we have the right to take legal action if desired.
- Except as specifically provided by us, you are prohibited from copying, editing, modifying or stealing any photos, collages, banners, text, descriptions and/or any other information produced by us describing, promoting or marketing contained on our website, sales pages, e-mail, video, or any other Training Program, Certification, Certification Benefits, Certification materials or correspondence belonging to us or that you may receive from us. By downloading, printing, or otherwise using the Training Program materials, Certification materials or Certification Benefits for your own business, it in no way gives you any copyright or ownership rights of that material.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us: By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via our website or social media, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. When you comment or post, you recognize that you are voluntarily sharing your thoughts and ideas, and you are granting us a limited license to use and/or display any of the material that you submit, in whole or in part, without seeking your permission around copyright, trademark, service mark and or/patent laws under relevant jurisdiction. We also reserve the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Personal Responsibility, Disclaimer & Release of Claims.
Personal Responsibility & Assumption of Risk: You acknowledge that you take full responsibility for your health and well-being, and that of your clients, and all of your choices, actions, and results made before, during and after your Certification. We have used care in preparing the information provided to you through this Certification and it is being made available to you for your informational and educational purposes only. You understand that you are expressly assuming all of the risks of the Certification, whether or not such risks were created or exacerbated through the Certification, and you are solely responsible for the results experienced by you or your clients. You are required to use your own professional judgment and care when interacting with your clients and you are required to operate within your licensure and scope of practice at all times. We are not responsible for your decisions, actions, failure to act, or results for yourself or your clients at any time.
Medical Disclaimer: This Certification is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through this Certification and Certification Benefits is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your or your client’s own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, massage therapist, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice for yourself or your client because of information you have received through this Certification or from us in any other way. If you have or suspect that you or your client has a medical or mental health issue, contact their health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
No Warranties: THIS CERTIFICATION, CERTIFICATION BENEFITS, AND INFORMATION PROVIDED THROUGH THE CERTIFICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
No Guarantees: We do not make any representations or guarantees as to the effectiveness, future income, expenses, sales volume or potential profitability that may be derived as a result of your use of this Certification or the Certification Benefits. Your business success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular business result or income increase or level through use of this Certification or Certification Benefits, and you accept and understand that results differ by each individual based on your background, dedication, desire, and motivation, and many other factors. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through this Certification and Certification Benefits. You are solely responsible for your results. You acknowledge and agree that no representation has been made by us or our affiliates that may be relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from obtaining this Certification and Certification Benefits.
Technology Disclaimer: We try to ensure that the availability and delivery of our Certification and Certification Benefits is uninterrupted and error-free, including our content, communications, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Certification or Certification Benefits become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Certification or Certification Benefits inaccessible to you.
Errors or Omissions: We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Certification or Certification Benefits. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Limitation of Liability: Under no circumstances, including, but not limited to negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from your, or your clients’, use, non-use or misuse of the Certification or Certification Benefits even if we are advised beforehand of the possibility of such damages. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or your clients in connection with this Certification or Certification Benefits in any way, including without limitation any liability for loss to you or your clients’ of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Indemnification and Release of Claims: We will not be held responsible in any way for the information that you request or receive through this Certification and Certification Benefits. By signing this Agreement, you fully and completely hold harmless, indemnify and release us and any employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us, arising from your participation in or in any way related to the Certification or Certification Benefits, unless arising from the gross negligence on our part.
Other Important Terms.
Entire Agreement, Assignment, and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. In the event that any part of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.
Governing Law: This Agreement shall be construed according to the laws of the State of Oregon and Multnomah County, Oregon.
Dispute Resolution: It is hoped that should we ever have any differences, we could be able to work them out through e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to us via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you. By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Portland, Oregon and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
Non-Disparagement: In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, to disparage the Training Program, Certification, Certification Benefits, Be Nourished, LLC, or any aspect of our business. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
By signing this Agreement, you are acknowledging that you have read, understand, agree to and accept the terms of this Agreement. Electronic signature is sufficient and enforceable.