Terms & Conditions

Terms and Conditions for Institut für Franklin-Methode GmbH

Hittnauerstrasse 40, CH-8623 Wetzikon/Switzerland

Welcome to the FranklinMethod.com Website (“Website”) operated by Institut für Franklin-Methode GmbH, Hittnauerstrasse 40, CH-8623 Wetzikon/Switzerland also known as Franklin Method, The Franklin Method, DNI, Dynamic Neuro-Cognitive Imagery.

These Terms of Use are effective as of January 1, 2009.

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THIS SITE AND BOTH THE FREE & PAID PROGRAMS OFFERED ON THIS SITE CAREFULLY.

By accessing or using FranklinMethod.com, PelvicPowercourse.com, franklin-methode.ch, members.franklinmethod.com or any other Institut für Franklin-Methode owned site (collectively, the “Site”), you are deemed to have read, understood and agreed to be bound by these terms of use (“Terms of Use”), regardless of whether you are a visitor to this site (“Visitor(s)”) or a purchaser of the products and programs offered on the site and by the company online/offline. (“Purchaser(s)”) (Visitors and Purchasers shall collectively be referred to as “User(s)”). In addition, when using interactive forums on the Site including, but not limited to, our blog, you will be required to abide by posted rules or guidelines or otherwise concerning User conduct using the Site (“User Conduct”). It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you are a member of one of our programs we will notify you of program and term changes via email and you have within 7-days to dispute or negotiate those changes. If you do not submit changes within that time you are in-turn accepting those changes. If you have any questions about these Terms of Use, please contact us here.

Use and Consent

By purchasing or using any of our Programs, Products or Services, you agree to abide by these Terms of Use and any other terms and conditions that may apply, and you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.

All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen (16) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 16 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 16 years old. If you are 16 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Disclaimer

The Site provides an online health and lifestyle enhancing videos, downloads and programs to give Users a general understanding of embodiment, Dynamic Neuro-Cognitive Imagery and how to move more efficiently.  The materials on this website have been provided for informational and educational purposes only. Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. 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 others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss 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. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

Users who choose to access the Site do so on their own initiative and are responsible for compliance with a professional medical practitioners advice, if and to the extent medical advice are applicable.

By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.

Inbound Affiliate Program

Institut für Franklin-Methode GmbH offers an affiliate program in connection with the products available through the Company whereby referral fees are paid on certain product sales to third parties. To review the complete affiliate Terms of Use visit this page here.

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Your Conduct

You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You must use the Programs, Products, Services or Program Materials for lawful purposes only.  You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:

• For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
• To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
• To cause annoyance, inconvenience or needless anxiety
• To impersonate any third party or otherwise mislead as to the origin of your contributions
• To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with us.

Communication Guidelines

If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to customer support here and we will do our best to reply to your question or concern promptly. Please do not send any support or account requests directly to Eric Franklin or post them on social media.

Purchases and Online Commerce

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Refund Policy

Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise communicated (within the parameters of the individual program terms above) provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Online Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Online Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.

Termination

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to customer support here.

We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at customer support here and include all of your reasons for dissatisfaction with your Program. 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 other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

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, designed to disparage us, our Company, or any of our Programs, Products or Services. 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.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Governing Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the country of Switzerland, regardless of the conflict of laws principles thereof.

Confidentiality and Privacy.

Confidential Information.

To use our Programs, Products, Services or Program Materials, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Programs, Products, Services or Program Materials (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use . If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

What We Do With Confidential Information. 

We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.

Storage.

All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence.  You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.

Confidentiality and Disclosure.

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

Viewing by Others.

Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

How We Use Cookies.

We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Programs, Products, Services or Program Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Programs, Products, Services or Program Materials.

Passwords.

To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

If you have any questions about any term of these Terms of Use, please contact us at customer support here. Thank you.

Teacher Training/ Instructor Training/ Live Workshop General Terms and Conditions of Business

These General Terms and Conditions of Business apply to the Franklin Method® Teacher Training courses and workshops offered by the Franklin-Method Institute worldwide.

Registration for a teacher training course
A registration fee is due upon registration; the amount is stated in the corresponding announcement. Upon receipt of your registration and registration fee you will receive a confirmation from the Institute/Organizer and, depending on the mode of payment, an invoice. Thus your registration becomes definitive. The agreed payment deadlines are binding. All deposits are non refundable.

Registration for a workshop
After registering for a workshop you will receive confirmation from the Institute and, depending on the mode of payment, an invoice. The agreed payment deadlines are binding. If you pay shortly before commencement of the course your receipt shall be presented to the course assistant. It is also possible by arrangement to pay the amount due on the first day of the course.

Place in course and holding of course
In order to optimize our training courses and workshops we fix a minimum and a maximum number of participants. Places in the course are awarded in the order of registration and subject to payment by the due date. If the number of participants is not sufficient the training course or workshop will not be held. In this eventuality payments already made will be reimbursed in full.

Exclusion from courses
The Management reserves the right to exclude one or more participants from a course. In the event of exclusion the course fee will be proportionately reimbursed.

Withdrawal and refunds
Withdrawal from a confirmed teacher training course or a confirmed workshop involves a considerable amount of administrative work. The Institute charges cancellation fees according to the time of withdrawal from a course. The following arrangement applies: The Institute requires notice of withdrawal in writing in all cases. The withdrawal takes effect on the day the withdrawal notice is received at the Institute’s secretariat. The cancellation fees charged by the Institute are as follows. They will be deducted from any reimbursement.

Franklin Method Training Cancelation Policy

1) There is a no refund of the initial down payment or deposit which secures your place in the course
2) 6 months and earlier there is a full refund minus the down payment
3) Earlier than 3 months before the course there is a 50% refund minus and not including
the down payment.
4)3 months before the training there is no longer the possibility of refunding.

The student must expect about a month time for the full processing of the refund.

Missed lessons
You are allowed to miss a maximum of 3 days from the training course but must give a written account of the missed days after consulting with a fellow student and reading up on the material.

Confirmation of attendance and certificate
Diplomas for training courses are issued upon fulfillment of all requirements (homework, reports, passing of presentation exam etc.). Certificate of attendance of workshops can be requested by the organizer if necessary.

Entitlement to hold courses
After completing the training graduates are entitled to hold courses and workshops on the Franklin Method®, teaching the designated workshops they have been given according to their level of training. It is not permitted to hold courses or workshops in the Franklin Method ® during the first year of training and charge money for it. The Institute reserves the right to take legal action if this stipulation is infringed.

Limitations of liability
All teacher training courses, workshops and other courses can raise self-awareness; a precondition for this is the psychological ability to cope with strain and assume responsibility.
The Institute shall not be liable for any difficulties arising in this connection. During the training and workshops participants are doing common gymnastic exercises with gymnastic equipment. The institute shall not be liable for any physical damage that may occur thereof. It is up to participants to ensure that they are adequately insured.

Program and price changes

The Institute reserves the right to change the program, dates and prices, and to change its general terms and conditions of business.The Franklin-Method Institute is not responsible for transportation (i.e. airfare, hotel, etc) costs or travel change costs, or any costs associated with travel due to a cancelled, postponed or rescheduled workshops or courses. This applies for any reason of cancellation or postponement both by the Franklin-Method Institute for any reason, or because of illness and weather.

Copyright
The titles and contents of the courses and all documents issued are protected by copyright and may only be re-used within the agreed limits. In the case of illustrations, texts and text excerpts, the source “Franklin-Method Institute” must always be mentioned.

Jurisdiction and applicable law
All legal relations with the Franklin-Method Institute (Institut für Franklin-Methode) are governed by Swiss law. Venue shall be Wetzikon.