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FOCALIZING PRACTITIONER PROGRAM
PARTICIPANT AGREEMENT

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Agreement Version: September 2, 2026

This Focalizing Practitioner Program Participant Agreement (the “Agreement”) is entered into among Nick Werber Integrative Coaching LLC and Joanna Miller (each, a “Training Provider” and collectively, the “Training Providers”), and the individual completing the enrollment process and affirmatively accepting this Agreement (“Participant”). This Agreement governs the Participant’s enrollment in and participation in the Focalizing Practitioner Program (the “Program”).

Program Licensor. The Focalizing Institute, a 501(c)(3) nonprofit organization (the “Institute”), owns or controls the Focalizing curriculum, certification standards, trademarks, and related intellectual property and licenses approved teachers to offer the Program. The Institute is not the recipient of Participant’s tuition unless expressly stated otherwise.

1. Program Structure and Independent Relationships

1.1 Training Providers. Each Training Provider is an independent licensee authorized by the Institute to teach the Program. The Training Providers operate the training, manage Participant enrollment and scheduling, and handle tuition. The Training Providers are not employees, agents, partners, joint venturers, or representatives of the Institute solely by reason of their licenses to teach the Program.

1.2 Assistants. Training Provider may engage assistants to support administration, demonstrations, breakout sessions, or other Program activities. Unless otherwise expressly stated, such assistants are engaged by or act under the direction of Training Provider and are not employees or agents of the Institute.

1.3 Institute Role. The Institute licenses the Program curriculum and intellectual property, establishes Program and certification standards, may oversee compliance with Institute ethics and Program requirements, and determines whether Institute certification requirements have been satisfied. Except for those functions, the Institute does not operate Training Provider’s independent business or assume responsibility for Training Provider’s day-to-day administration of the Program.

2. Eligibility; Voluntary Participation; Personal Responsibility

Participant represents that Participant is at least eighteen (18) years old and is voluntarily participating in the Program. The Program may include reflective, interpersonal, meditative, somatic, embodiment, and experiential exercises that may evoke physical sensations, emotions, memories, or psychological responses. Participant is responsible for monitoring Participant’s own physical, mental, and emotional condition and may decline or stop an exercise if Participant believes continued participation is inappropriate. Participant should consult an appropriately licensed healthcare or mental-health professional before participating if Participant has concerns about whether the Program is appropriate for Participant.

3. Educational Nature of Program; No Therapy or Healthcare

The Program is an educational and experiential professional-training program. It is not psychotherapy, psychological counseling, medical care, diagnosis, treatment, crisis intervention, or any other licensed healthcare service. Program teachers, assistants, the Institute, fellow participants, and approved practitioners do not become Participant’s treating healthcare providers merely because of Participant’s participation in the Program. The Program is not a substitute for services from an appropriately licensed physician, mental-health professional, or other qualified professional. No specific outcome or benefit is promised or guaranteed.

4. Participant Scope of Practice and Responsibility for Future Use

Completion of the Program, or issuance of any Institute certificate, is an educational credential only. It does not confer a professional license, governmental certification, healthcare credential, or legal authorization to diagnose, treat, cure, prevent, or manage any medical, psychological, or mental-health condition.

Participation in or completion of the Program does not expand Participant’s existing professional scope of practice. Participant is solely responsible for determining whether and how Participant may lawfully use Focalizing concepts, terminology, techniques, or practices within Participant’s own education, credentials, profession, insurance coverage, ethical obligations, and jurisdiction.

Participant agrees not to represent that the Program or any Institute-issued certificate constitutes professional licensure, governmental approval, authorization to practice psychotherapy or healthcare, or authorization to provide services outside Participant’s lawful scope of practice.

Any services Participant later provides to clients, patients, students, practice participants, or other persons are undertaken independently by Participant and are not services provided by or on behalf of Training Provider or the Institute. No agency, employment, partnership, supervisory, clinical, or joint-venture relationship is created between Participant and Training Provider or the Institute by reason of Program completion or certification.

5. Certification Requirements and Credential Use

To be eligible for an Institute-issued practitioner certificate, Participant must complete all Program requirements, which currently include required readings and exercises, attendance at at least ten (10) of twelve (12) live Zoom classes, three (3) individual Focalizing sessions with Institute-approved practitioners, required student-to-student practice, and submission of a final recorded practice session for review.

Completion of attendance or coursework requirements does not guarantee certification if Participant has materially violated Program ethics, confidentiality requirements, scope-of-practice requirements, intellectual-property restrictions, or other published certification standards. The Institute retains authority over issuance, suspension, revocation, and authorized use of its certification marks and credential designations, subject to applicable law and Institute policies.

6. Classroom Education and Demonstrations

The Program includes classroom education and may include teacher-led demonstrations in which a teacher guides a Participant through a Focalizing exercise while other Participants observe. Participation as a demonstration volunteer is voluntary. A Participant may decline or stop participation in a demonstration at any time, except that Participant remains responsible for completing any separate certification requirement through an alternative method approved by Training Provider or the Institute.

Participants observing demonstrations must comply with the confidentiality obligations in this Agreement and may not record, photograph, screenshot, reproduce, disclose, or use another Participant’s personal disclosures outside the Program.

7. Student-to-Student Practice

The Program may require Participants to engage in structured practice sessions with one another outside scheduled classes, including by Zoom, FaceTime, or another mutually agreed communication method. These sessions are educational exercises intended to develop familiarity with Program concepts and skills.

Participants are not acting on behalf of Training Provider or the Institute when practicing with one another outside scheduled Program activities. Unless separately authorized by applicable professional law and independently agreed by the individuals involved, participation in a Program practice exercise does not create a therapist-patient, clinician-patient, coach-client, or other professional treatment relationship.

Participants must remain within the assigned educational exercise, respect the other Participant’s boundaries, maintain confidentiality, and stop a practice session if the exercise becomes inappropriate, unsafe, or beyond the Participant’s training or lawful scope. Program practice sessions are not appropriate for crisis intervention.

8. Required Individual Sessions with Approved Practitioners

As a condition of certification, Participant must complete three (3) individual Focalizing sessions with practitioners approved by the Institute. Approved practitioners operate independently and are not employees or agents of the Institute solely by virtue of their approved status. Participant schedules and pays the approved practitioner directly.

The approved practitioner may require Participant to sign a separate informed consent, services agreement, privacy notice, or other documentation appropriate to the practitioner’s credentials, services, and jurisdiction. The Institute’s approval of a practitioner for purposes of the certification requirement does not create an employment relationship or make the Institute the provider of the individual session.

9. Final Recorded Practice Session

Participant must submit a final recorded Focalizing practice session for certification review. The recording may involve an adult client or practice participant who is not enrolled in the Program.

Before making the recording, Participant must obtain the recorded individual’s informed written consent to the recording and to its submission to Training Provider and/or the Institute for certification review. Participant may not secretly record any individual and is responsible for complying with all applicable consent, privacy, professional, and recording laws.

Participant must use reasonable safeguards when creating, storing, transmitting, and deleting the recording; must limit the recording to information reasonably necessary for certification review; must not use the recording publicly, for marketing, or for any unrelated purpose; and must not retain or distribute unauthorized copies after the certification review process is complete.

Training Provider and the Institute will limit access to submitted recordings to persons reasonably involved in Program administration, supervision, or certification review and will handle recordings in accordance with applicable policies and law.

10. Program Recordings

Program classes may be recorded for enrolled Participant access, Program administration, quality improvement, and internal educational purposes. Teacher lectures, demonstrations of curriculum content, and presentations may be retained or incorporated into future Institute educational materials.

Participant contributions, personal disclosures, questions, comments, demonstrations, image, voice, or other identifiable material will not be used publicly or for promotional purposes without Participant’s separate permission where required by applicable law. Participants may not record, download, copy, distribute, or republish Program recordings except as expressly authorized in writing.

11. Confidentiality

Participant agrees to maintain the confidentiality of information learned about other Participants through classes, demonstrations, breakout rooms, Program communications, required practice sessions, and other Program activities. Confidential information includes names, identities, stories, personal experiences, health information, family or relationship information, professional information, and other information a reasonable person would understand to be private.

Participant may not disclose another Participant’s information outside the Program, post it on social media, use it for business or promotional purposes, or identify another Participant indirectly through details that would reasonably permit identification. Participant may disclose information when required by law or when reasonably necessary to address an imminent safety concern.

Program confidentiality is contractual and does not create a therapist-patient privilege, attorney-client privilege, or other legal evidentiary privilege. Training Provider and the Institute will use reasonable efforts to protect Program confidentiality but cannot guarantee that every Participant will comply with these obligations.

12. Participant Conduct and Professional Boundaries

Participant agrees to maintain respectful professional and interpersonal boundaries. Harassment, discrimination, threats, coercion, exploitation, unwanted romantic or sexual conduct, repeated unwanted contact, retaliation, and materially disruptive conduct are prohibited.

Participants may connect with one another as reasonably necessary for assigned Program activities and structured practice. Participant may not use the Program primarily to solicit clients, market products or services, collect contact information for commercial purposes, add Program contacts to mailing lists without permission, or create unauthorized paid or commercial groups using Program participants or Institute materials.

13. Crisis, Referral, and Safety

The Program is not an emergency, crisis, medical, or mental-health service. Training Provider, assistants, fellow Participants, and the Institute have no obligation to provide emergency medical or mental-health treatment through the Program. A Participant experiencing an emergency or crisis should contact appropriate local emergency services or an appropriately licensed healthcare or mental-health professional.

Training Provider may pause or discontinue a Participant’s involvement in an exercise or the Program if Training Provider reasonably believes continued participation is unsafe, inappropriate, materially disruptive, or beyond the educational scope of the Program.

14. Tuition, Withdrawal, and Refunds

Tuition is charged and collected by the Training Providers, not by the Institute, unless Participant is expressly informed otherwise in writing. Refund requests and tuition obligations are therefore between Participant and the Training Providers, subject to this Agreement and applicable law.

Participant may withdraw and receive a refund if written notice of withdrawal is received at least fourteen (14) days before the Program start date, less a cancellation fee of $300 for a U.S. cohort or £240 for a U.K./European cohort.

If Participant must withdraw after that deadline for personal reasons, Training Provider may, but is not obligated to, discuss transfer to a future cohort. Any transfer is subject to availability, Program policy, and written approval by Training Provider.

If Training Provider cancels the Program and does not offer Participant a reasonably comparable rescheduled cohort or alternative Program date that Participant elects to accept, Training Provider will refund the tuition paid by Participant for the cancelled Program, less the value of any Services or Program components already provided, to the extent permitted by applicable law.

15. Intellectual Property and Limited License

The Institute owns or controls the Focalizing curriculum, trademarks, certification marks, training materials, and related intellectual property made available through the Program, except for materials separately identified as owned by Training Provider or another third party.

Participant receives a limited, personal, non-transferable license to use Program materials for Participant’s own learning and, after certification, only to the extent expressly permitted by Institute policies. Participant may not copy, reproduce, publish, distribute, sell, sublicense, upload, share login credentials, provide Program access to non-enrolled persons, create competing training materials from Program content, or otherwise exploit Institute intellectual property without written permission.

Unauthorized sharing of Program materials, access credentials, recordings, or confidential information may result in suspension or removal from the Program, loss of access to Program materials, denial or revocation of certification, and other remedies available under applicable law.

16. Assumption of Experiential Risks

Participant understands that reflective, interpersonal, somatic, and experiential training can sometimes produce unexpected physical sensations, emotional discomfort, memories, interpersonal reactions, fatigue, or other responses. Participant voluntarily assumes the ordinary and reasonably foreseeable risks inherent in voluntary participation in such educational exercises, except to the extent a risk cannot lawfully be assumed or waived.

17. Release and Limitation of Liability

To the fullest extent permitted by applicable law, Participant releases the Training Providers, the Institute, and their respective directors, officers, employees, assistants, volunteers, and agents (collectively, the “Protected Parties”) from claims arising from the ordinary and inherent risks of Participant’s voluntary participation in Program educational and experiential activities, except for claims that cannot lawfully be released, including where applicable claims arising from gross negligence, reckless conduct, or intentional misconduct.

Nothing in this Agreement is intended to waive rights or remedies that cannot lawfully be waived under applicable law.

18. Indemnification for Participant Conduct and Independent Practice

To the fullest extent permitted by law, Participant agrees to indemnify and hold harmless the Protected Parties from third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from Participant’s: (a) material breach of this Agreement; (b) unlawful or unauthorized recording or disclosure; (c) infringement or misuse of Institute intellectual property; (d) false or unauthorized representations concerning Participant’s certification, credentials, or relationship with the Institute or Training Provider; or (e) independent professional or commercial services provided by Participant outside the Program, including services performed outside Participant’s lawful scope of practice.

19. Suspension, Removal, and Certification Consequences

Training Provider may suspend or remove Participant from the Program for material nonpayment, harassment, threats, unsafe or materially disruptive conduct, breach of confidentiality, unauthorized solicitation, misuse of Program intellectual property, dishonesty or material misrepresentation, conduct during Program activities that materially exceeds Participant’s assigned role or lawful scope, or other material violation of this Agreement or published Program ethics or conduct requirements.

The Institute may deny, suspend, or revoke an Institute-issued certification or restrict use of Institute certification marks where Participant fails to satisfy certification standards, materially misrepresents the credential, materially violates Institute ethics or intellectual-property requirements, or otherwise fails to satisfy conditions applicable to the credential.

Any refund following suspension or removal will be determined under Section 14, the reason for termination, applicable Training Provider policies disclosed at enrollment, and applicable law.

20. Force Majeure

Training Provider and the Institute will not be liable for delay, interruption, rescheduling, or inability to perform caused by events beyond reasonable control, including natural disasters, war, terrorism, civil disorder, governmental action, widespread health emergencies, significant technology or utility failures, or other comparable events. Where reasonably practicable, Training Provider will attempt to reschedule affected Program activities or offer another reasonable educational alternative.

21. Program and Marketing Communications

Participant agrees to receive administrative communications reasonably necessary to operate the Program, including scheduling, curriculum, certification, and safety communications.

Newsletters, promotions, and information about future programs are separate marketing communications and should be sent only where Participant has separately opted in or where otherwise permitted by applicable law. Participant may unsubscribe from marketing communications at any time.

22. Jurisdiction and Participant Legal Responsibilities

Participants may attend from different states, provinces, territories, or countries. Participant is responsible for complying with laws, licensing rules, professional ethics, privacy requirements, consent requirements, and scope-of-practice restrictions applicable to Participant’s own activities and location. Neither Training Provider nor the Institute represents that completion of the Program authorizes Participant to offer any particular professional service in every jurisdiction.

23. Governing Law and Dispute Resolution

This Agreement will be governed by the laws of the State of New York, without regard to conflict-of-law principles, except to the extent mandatory law provides otherwise. Any dispute arising from this Agreement will be resolved in the forum and under the dispute-resolution procedure identified by Training Provider at enrollment, subject to applicable law.

24. Entire Agreement; Amendment; Severability; No Waiver

This Agreement, together with any Program policies expressly incorporated by reference, contains the parties’ agreement concerning Participant’s enrollment and participation in the Program and supersedes prior written or oral statements concerning the same subject matter. Any amendment must be in writing and agreed by the party against whom enforcement is sought, except that the Institute may reasonably update certification, ethics, and intellectual-property policies prospectively where permitted by applicable law.

If any provision is held invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law. Failure to enforce a provision on one occasion does not waive the right to enforce it later.

25. Third-Party Beneficiary Rights

Participant acknowledges that the Institute and the other Protected Parties are intended third-party beneficiaries of provisions expressly granting them rights or protections, including provisions concerning educational scope, credential use, confidentiality, intellectual property, recordings, releases, indemnification, and certification. Nothing in this Section makes the Institute a party responsible for the Training Providers’ independent contractual obligations to Participant.

26. Acknowledgment and Electronic Acceptance

By affirmatively checking the box presented during the enrollment process, Participant acknowledges that Participant has read and understood this Agreement, has had an opportunity to ask questions and consult independent legal or professional advisors, and voluntarily agrees to be bound by its terms.

Program Contact Information

Training Providers:

Nick Werber Integrative Coaching LLC
nick@nicknwerber.com

Joanna Miller
jo@joanna-miller.com

Institute contact for certification or Institute policy questions: info@theinstitute.org ‍