THIS TRAUMA TRAINING AGREEMENT (the “Agreement”) is made and entered into effective on the day it is signed (the “Effective Date”), by the person it is signed by (“Clinician”), and COGNITIVE BEHAVIORAL THERAPY CENTER OF THE PALM BEACHES, LLC (the “Training Program”).
W I T N E S S E T H:
WHEREAS, Clinician, an independently licensed mental health care provider; and
WHEREAS, Training Program is offering a six (6) week online course for small cohorts of mental health providers to receive training on evidence-based assessment and treatment of trauma and PTSD; and
WHEREAS, Clinician; desires to contract with Training Program to provide this training, and Training Program desires to provide this training on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party, it is hereby agreed by and between the parties as follows:
1. Training Program Services.
(a) Training Program is a six (6) week online course for small cohorts of not more than five (5) clinicians per group. Training Program will provide specialized training in evidence-based assessment and treatment of trauma and PTSD.
(b) Clinicians will use an online portal that will provide access to all course materials and information in one place. The course includes six (6) 60 to 90-minute long, recorded and on-demand videos to be viewed weekly (one per week). Clinicians will also have six (6) one-hour long live group zoom consultations (one per week) where the Program Instructor enhances their learning and provides recommendations and feedback on how the concepts can be applied to hypothetical and actual clinical cases.
(c) Clinician will also receive a one-hour individual live consultation meeting via zoom and online access to forms, interventions, assessment instruments and empirical articles.
(d) The Program Instructor will be Stephanie A. Sacks, Ph.D., or a suitably trained substitute.
2. Compensation. Clinician shall pay to the Training Program, as compensation for the Training Program’s services, $3,000 in advance of accessing the Training Program Services. This amount is nonrefundable once paid.
3. Limitations. Training Program offers clinical consultation, not clinical supervision. This means that Clinicians are operating under their own licenses and they are ultimately ethically and legally responsible for their own decision-making with respect to patient care. Training Program and Dr. Stephanie A. Sacks, or any other Program Instructor, are not liable or responsible for clinical services or clinical issues that arise with any of Clinician’s clients.
4. Conditions Precedent to Training Program. Before any Clinician is accepted into the Training Program, Clinician must apply to the course and be interviewed, provide documentation of a valid and clear license to provide mental health care services, and if accepted into the Training Program in the sole discretion of the Program Instructor, pay the course fee.
5. Code of Conduct. Clinician will be asked to comply with a Code of Conduct, which is attached as Exhibit 1. In that Code are grounds for being asked to leave the course in the sole discretion of the Program Instructor and under these circumstances Clinician will not receive a refund.
6. Confidentiality; Disclosure; Proprietary Information. Clinician may access and use handouts, resources, research articles and lecture slides from the portal during and after the Training Program. Otherwise, lecture videos, consultation call content and other information of any kind, whether or not complete and whether or not reduced to writing (collectively, the “Confidential Information”), obtained by Clinician with regard to Training Program (or its affiliates, contractors, principals, clients or business associates) during the course of the Training Program not generally known in the public domain, constitutes valuable, special and unique and proprietary assets of the Training Program. The Clinician agrees that during the Training Program’s engagement with Clinician and following the termination of the Training Program, Clinician will not at any time, directly or indirectly, disclose, disseminate, publish or permit the disclosure, dissemination or publication of any Confidential Information, to or for any other person, group, firm, association or other entity, or utilize the same for any reason or purpose whatsoever other than for the benefit and at the request of Training Program.
Clinician recognizes and acknowledges that the Confidential Information referred to herein constitutes a trade secret within the meaning of Section 812.081 of the Florida Statutes, appropriation of which for Clinician’s own benefit or for the use of any third party constitutes a theft or embezzlement from Training Program which may subject Clinician to civil and criminal penalties as provided in the Florida Statutes. Further, Clinician acknowledges that it is Training Program’s policy to vigorously prosecute anyone engaging in theft or embezzlement from Training Program, including the misappropriation of Confidential Information.
7. License to Use Online Portal and Access Course Materials. Training Program will provide Clinician certain information as a result of Clinician accessing of the course through the online portal. Such information may include, but is not limited to, documentation, data, or information developed by Training Program and other materials which may assist Clinician in the participation in the course (“Materials”). Subject to this Agreement, Training Program shall grant a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with Clinician’s participation in the course program and the use of the online portal. The Materials may not be used for any other purpose, and this license terminates upon completion of the course, Clinician’s cessation of use of the course or the online portal, or at the termination of this Agreement.
8. Intellectual Property. Clinician agrees that the Materials, the course, the online portal, and any other Training Program Services provided by the Program Instructor are the property of the Program Instructor, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Training Program IP”). Clinician agrees that the Training Program owns all right, title and interest in and to the Training Program IP and that Clinician will not use the Training Program IP for any unlawful or infringing purposes. Clinician agrees not to reproduce or distribute the Training Program IP in any way, including electronically or with registration of any new trademarks, trade names, service marks or Uniform Resource Locator s (URLs), without express written permission from the Training Program.
9. Acceptable Use. Clinician agrees not to use the course or the online portal for any unlawful purpose or any purpose prohibited under this clause. Clinician agrees not to use the course or the online portal in any way that could damage the course, online portal, Training Program Services, or general business of the Program Instructor.
10. No Liability. The Training Program Services are provided for informational purposes only. Clinician acknowledges and agrees that any information posted in the course, in the Materials, during consultation meetings, via email correspondence or on the online portal is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between Clinician and Training Program. Clinician further agrees that Clinician’s participation in the course is at Clinician’s own risk. Training Program does not assume responsibility or liability for any advice or other information given in the course, in the Materials, or on the online portal.
11. Invalid Provision. The invalidity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
12. Modification. No change or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.
13. Governing Law; Venue. This Agreement shall be construed and regulated under and by the laws of the State of Florida. The parties hereby agree that the venue of any action, proceeding, counterclaim, crossclaim or other litigation relating to, involving or resulting from this Agreement shall be in Palm Beach County, Florida.
14. Attorneys’ Fees. In the event that either party is required to engage the services of legal counsel to enforce the terms and conditions of this Agreement against the other party, regardless of whether such action results in litigation, the prevailing party shall be entitled to reasonable attorneys’ fees and costs of legal assistants and costs from the other party, which shall include any fees or costs incurred at trial or in any appellate proceeding, and expenses and other costs, including any accounting expenses incurred.
15. Notices. Any and all notices or other communication provided for herein shall be given by registered or certified mail, return receipt requested, in the case of Clinician to its principal office and in the case of the Training Program to the Training Program’s residence or to such other address as may be designated by the Training Program.
16. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns, but may not be assigned by Training Program.
17. Compliance with Other Agreements. The Training Program represents and warrants that execution and delivery by the Training Program of this Agreement and the performance by the Training Program of the Training Program’s obligations under this Agreement will not, with or without the giving of notice or the passage of time, or both, (i) violate any judgment, writ, injunction, or order of any court, arbitrator or governmental agency applicable to the Training Program, or (ii) conflict with, result in the breach of any provisions of or the termination of, or constitute default under, any agreement to which the Training Program is a party or by which the Training Program is or may be bound.
18. Survival. The provisions of this Agreement which, by their express or implicit terms, are intended to survive the termination or expiration of this Agreement, shall survive such termination or expiration and be enforceable.
19. Waiver. As to any lawsuit between Training Program and Advisors that arises out of or is related to this Agreement or its employment or independent contractor relationship with Advisors, Training Program knowingly, voluntarily and intentionally waives its right to lead, join, participate in or serve as a member of any class or collection action; agrees to pursue all such claims on an individual rather than class or collective basis; and expressly waives any law or right to pursue such claims on a class or collective basis.
EXHIBIT 1
CODE OF CONDUCT
Participants in the Trauma Therapist Training Course are expected to follow this code of conduct. Following these guidelines will enhance the learning experience and will promote a space of tolerance, respect and openness. Failure to comply with this code of conduct may render you unable to participate in the Trauma Therapist Training Course.
1. Participants will attend group and individual consultation meetings on time and for their full duration.
2. Participants will arrive prepared to group and individual consultation meetings with specific questions and will be prepared to take notes.
3. Participants will watch the on-demand lecture for each week prior to the weekly group consultation meeting so that they are prepared to discuss the contents of the lecture and the clinical application of this information.
4. Participants will practice tolerance and respect of other cohort members and will not engage in unfair discrimination of cohort members or the Training facilitator based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, or any other identity or background factor.
5. Participants will not knowingly engage in behavior that is harassing or demeaning to others.
6. Participants will follow legal and ethical guidelines set forth by their governing licensing bodies.
7. Participants are discouraged from disclosing detailed personal information, either orally or in writing, regarding specifics of their own experience of with abuse, neglect or trauma, or their history of psychological treatment.
During all communication, participants will maintain confidentiality of their own cases and will de-identify any questions about clients and will use non-identifiable information to refer to real clients. Participants will also maintain privacy and confidentiality for each other’s clients that are discussed during group consultation or via other communication with cohort members.