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 May 18, 2018.

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.

Terms of Use

By accessing the website of the Institute of Franklin Method GmbH, Hittnauerstrasse 40, 8623 Wetzikon, Switzerland (“FM”), you accept these terms of use (“Terms of Use”). If you do not agree to these Terms of Use, you are requested to refrain from the use of the FM website immediately. If you have not obtained the permission the the person whose equipment you are using to access this site, or if you are not of legal age to use this site or have not obtained permission from the person legally resposible for you to use this site, you are also requested to refrain from using this website immediately. The Terms of Use may be subject to change at any time.

Please direct any inquiries to: info@franklinmethod.com

Purpose

This website and all its contents serve informational purposes only. Offers are non-binding. Exceptions to the non-binding nature are specifically marked as such (in the cases of the website’s links “Workshops”, “Training”, “Online Workshop”, “Products”), in which case the General Terms and Conditions of FM [Link] apply.

FM expressly reserves the right either to alter, supplement or delete the website in whole or in part without prior notice, or to discontinue publication temporarily or permanently.

Intellectual Property Rights

The copyright and all other rights to content, images, photos or other files on this website are the exclusive property of FM or the specifically named copyright holders. For reproduction of any element thereof, the written consent of the copyright holders must be obtained in advance.

Warranty and Disclaimer

The content of this website is provided by FM without any express or implied warranty or representation of any kind, including, but not limited to, the correctness, accuracy, timeliness, reliability, completeness or technical availability, suitability or flawlessness of the site. The content may be changed at any time.

Any liability of FM for damages of a material or immaterial nature, regardless of the legal basis, arising out of or in connection with the access or use or non-use of the published information, through misuse of the connection or due to technical faults, is excluded.

Links

References and links to third party websites are beyond FM’s control. All responsibility and liability for such websites is rejected by FM. The access and use of such websites occurs at your own risk.

Data Protection

FM treats any personal information provided through the use of the website in strictest confidence and in compliance with all applicable privacy laws. Please read our Privacy Policy [see below].

Governing Law and Jurisdiction

The use of this website is subject to Swiss law under the exclusion of any conflicts of laws and regulations. Disputes arising out of or in connection with these Terms of Use are the sole responsibility of the ordinary courts at the FM headquarters.

February 2018

2.     Registration

Registration for Courses may be either by email, online (web shop) or in writing by post, pursuant to the conditions specified herein. Registration and subsequent payment of the registration or Course fee as specified in the Course description constitute an offer to enter into a contract by the participant. The contract is concluded upon the Institute’s confirmation. The confirmation may be sent by email, online within the web shop or in writing by post. The participant of an education additionally confirms herewith that he or she has read and accepted the specific educational contract at the time of registration.

3.     Fees and Payment

The Course fee is due in full upon receipt of the confirmation. A fee of CHF 50 shall be charged in case of issuance of a second reminder for overdue payments. In exceptional cases payment of the Course fees by installment may be arranged with the Institute. In any event, full payment is required prior to the commencement of the first day of the Course.

The Institute may refuse the participant entry to the Course without proof of full payment. Partially paid Course fees shall not be refunded, but will be set off against Course fees still due. Costs incurred by the participant, in particular transport tickets, hotel reservations, etc. shall not be reimbursed by the Institute.

4.     Cancellations and Refunds

Notice of cancellation shall be in writing by either post or by email. The relevant time shall be the receipt of the cancellation by the Institute.

Cancellation of a confirmed participation of an education, for whatever reason, results in considerable administrative effort. Therefore, in case of cancellation more than 60 days prior to the Course, the Institute charges a cancellation fee of 50% of the Course fee. In case of cancellation less than 60 but more than 30 days prior to the Course, the Institute shall charge a cancellation fee of 75% of the Course fee. If cancellation is received less than 30 days prior to the Course, there shall be no refund.

There shall be no refund for other Courses.

A confirmed participant may provide a replacement for any Course by informing the Institute of the name and email of the substitute. This substitute will be considered a valid replacement if he/she accepts these Terms and Conditions and signs the respective contract, if any. In such cases, the initial participant will not incur any additional charges. However, the initial participant remains the debtor of the Course fee in addition to the replacement.

5.     Cancellation of Course by the Institute

Should the Institute cancel a confirmed Course, the Institute must offer at least one replacement Course within 24 months or refund the Course fees, at its discretion. Other costs incurred by the participant, in particular transport tickets, hotel reservations, etc., shall not be covered by the Institute.

6.     Course Confirmation, Certificate and Diploma

Course confirmations, certificates or diplomas (hereinafter “Certificates”) shall be issued only after successful completion of all requirements contained in the Course description or the respective contract.

7.     License

The issuance of the Certificate to the participant does not constitute a license to use the “Franklin Method®” trademark. A license shall be based exclusively on a separate written contract.

8.     Marketing

The Franklin-Method® and DNITM logos may only be used in their original coloring. When using drawing / images, „© Eric Franklin / Franklin Method“ must be added with the appropriate book title.

All other published drawings / images or any part thereof may only be used referencing copyright and / or watermark.

Quotes from books by Eric Franklin may also be used, provided the source is quoted.

Flyers, websites and other advertising materials must contain a link to the Institute’s website.

Damages for such violations are difficult to quantify, therefore, should a participant of a Course be in violation of any of the license or marketing provisions, the Institute shall be compensated by the participant in the amount of CHF 500,00 per violation up to a maximum of CHF 10.000,00. The Institute may prove damages in excess of this sum.

These obligations will remain in force after the termination or expiration of the contract.

9.     Data Protection

The participant agrees to the Institute collecting, processing and retaining collected data, in particular name, address, date of birth, email, telephone number, occupation, place of work and completed trainings for the purpose of its own market research, information of participants, advertising and statistics. Data transfer to third parties is permitted to fulfill the purpose of the contract between the Institute and the participant only.

10.  Limitation of Liability

The Institute’s liability is limited to intentional acts and gross negligence.

The Institute excludes liability for auxiliary persons in accordance with Art. 101 para. 2 OR, insofar as these do not fall under Art. 100 para. 2 OR.

The liability for indirect, consequential as well as unforeseeable damages are also excluded. In any case, liability is limited to the contractually typical and foreseeable damages, but, at most, up to the contractual value.

11.  Responsibilities of Course Participants

Courses are created on the basis of the Franklin Method® with care and in accordance with the current standards of Movement Science and Functional Movement Theory. They do not replace a diagnosis or treatment by a physician. Whether the movements shown in the Courses are suitable for your health, level of fitness or current body condition is very individual and should either be discussed with your physician or rests within your own sphere of responsibility.

The participant of a Course at a location warrants to be in a sufficient physical and mental state of health to safely participate actively in the chosen Course. Participants who have doubts concerning their fitness for the Course shall communicate such doubts to the Institute and the Course instructor prior to the beginning of the Course. In particular, psychological or physical limitations, injuries or encumbrances which may endanger or impair the process for oneself or others are to be reported to the Institute and the instructor. In such cases, the Course instructor, in agreement with the Institute, is entitled to partially or completely exclude the participant concerned.

Registration for Courses, Purchase of Online-Workshops and use of the Franklin Method is only permitted, if the participant is of legal age and/or has the permission of the person legally responsible for him.

In such cases, there shall generally be no refund of the Course fee, neither proportionally nor fully.

12.  Program and Price Changes

The Institute reserves the right to make changes to the program, location, Course fees and / or the General Terms and Conditions.

13.  Jurisdiction and Applicable Law

The courts at the seat of the Institute shall have exclusive jurisdiction. Swiss Law (except IPRG) shall govern the relationship between the participant and the Institute.

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.

Data Protection Policy Declaration

This Data Protection Declaration describes the personal data which the Institute of Franklin Method GmbH, Hittnauerstrasse 40, 8623 Wetzikon, Switzerland (“FM”) collects, as well as the method, scope, purpose and legal basis of the processing (such as collection, storage, use, retention, alteration, disclosure) of such personal data. In addition, FM informs you in this policy declaration about your rights in connection with the collected personal data.

When processing personal data, FM complies with the requirements of the Swiss Data Protection Act (DSG) and the EU General Data Protection Regulation (EU GDPR, Regulation (EU) 2016/679), insofar as is applicable.

  1. Responsible Body

If there is a concern regarding the collection, processing or use of personal data, the responsible department / person to be contacted is: Eric Noel Franklin, Managing Director, Institute for Franklin Method GmbH, Hittnauerstrasse 40, 8623 Wetzikon.

  1. Personal Data

Personal data is information concerning factual or personal circumstances pertaining to an identified or identifiable individual. This information includes, e.g., names, addresses, telephone numbers, email addresses, dates of birth, information regarding the individual’s health, personal data, credit card numbers, bank account details or the IP addresses of the individual.

Anonymous or statistical data, which is collected during your visit of FM’s website cannot, or such which can only with unreasonable effort, be identified as being associated with the individual user, and are not included in the term personal data.

  1. Data Processing when utilizing FM Offers/ Services

Principle: Personal Data is always collected if actively provided to FM in the context of the services offered on this website. The processing of such data generally takes place in direct connection with the conclusion or the execution of a contract or the fulfillment of pre-contractual or contractual obligations.

Data: The information required for this purpose is: (i) first and last name, (ii) address, (iii) telephone number, (iv) email address.

Purpose: The collection and use of this data serve for the correct formation, content and performance of the contractual relationship. This also includes the transmission of personal data to the extent necessary for the performance of the contract to the respective partners and service providers, regardless of whether such companies are located in Switzerland or abroad.

Place and duration: Personal data is stored in Switzerland or within the European Union. FM stores and processes the data only as far as and for as long as the particular purpose of the processing is required, e.g., to process requests and make bookings. After expiration of the time period prescribed in applicable tax and commercial regulations, this data will be deleted, unless FM has received the express consent for further use.

Other uses: FM may also use the personal data collected for the purposes of the contract for purposes other than our original purposes, as long as there is a connection between the purposes of use and the original data collection (for example, customer loyalty and marketing for our own products).

  1. Disclosure of Data to Third Parties

FM discloses personal information to third parties who are responsible for technical maintenance or who assist FM in conducting business transactions only to the extent necessary to perform the contract.

FM contractually binds such data processors to comply with FM’s data protection and confidentiality regulations and to provide the given technical and organizational data security measures. However, FM and its agent third parties may be required by law, court order, or governmental order to share personal information with government agencies and regulatory bodies.

In addition, FM will only disclose personal data to third parties if express consent has been given or to the extent that may be required by law or if the disclosure of information is required to enforce legal claims by third parties and FM has no reason to believe that you may have an overriding interest in not sharing said information.

  1. Server Log Files

When accessing FM’s website, the following user data is transmitted through the Internet browser and stored in log files, the so-called server log files: IP address of the user, date and time of access, name of the retrieved website or file, referrer URL, the transmitted amount of data, user’s operating system and information about the type and version of the browser used. The IP addresses are either deleted or anonymized after the termination of access. The user data form the basis for statistical, anonymous evaluations in order to improve the offer on FM’s website and to make it more user-friendly. This data will not be combined with data from other sources.

  1. Cookies
    • General

Cookies are small files that are stored on the user’s device when visiting a website. Cookies allow the website to uniquely identify the browser and remember certain inputs and preferences over a period of time (e.g. preferred language, most visited pages). Cookies give FM information about the way the website is used in order to improve the website, for anonymous statistical evaluation, for market research purposes and to improve FM’s offers. However, FM will only be able to recognize anonymized information such as general usage patterns on the website and not the usage behavior of individuals. Cookie information is not intended to personally identify any user. There is no correlation of personal data to identification numbers.

Most browsers accept cookies automatically. Users can set their web browsers to be informed about the use of cookies and permit them to either allow or deny cookies usage in individual cases, to exclude the acceptance of cookies for certain cases or in general, to activate the automatic deletion of cookies when closing the browser. In addition, all cookies stored on user devices can be deleted at any time. Respective instructions can be found in the browser user manual. However, these settings can lead to reduced availability or impaired functionality of the website.

The users’ IP addresses will be collected and processed with your consent, which is inferred from the users’ behavior when using FM’s website. This Policy provides the basis for appropriate information for voluntary consent. Further, the processing of the IP address of website visitors protects FM’s legitimate interest in offering services that meet user needs. In any case, the restriction of the legitimate interests of website visitors is outweighed because IP addresses are pseudonymized and edited only in this form.

  • Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc., USA (“Google”). Google Analytics uses cookies that – with the users’ consent – are stored on their computer and that allow an analysis of their use of the website. The information generated by cookies about their use of this website (including IP address) is usually transmitted to a Google server in the USA and stored there.

IP Anonymization: FM uses the function of Google Analytics “anonymizeIP”. Users’ IP addresses will be collected by Google at their behest only in an abbreviated form and thus anonymized, so that no assignment and no conclusions about their identities are possible (IP masking). If IP anonymization is activated on this website, users’ IP addresses will be shortened by Google for usage within member states of the European Union or other parties to the Agreement on the European Economic Area prior to the transmission to Google’s US server. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.

Purpose: Google will use this information on FM’s behalf to evaluate the use of the website, to compile reports on website activity, and to provide FM with other services related to website activity and internet usage. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. This information may also be transferred to third parties if required by law or as far as third parties process this data on behalf of Google.

Job Data Processing: FM has a contract with Google and FM fully implements the data protection requirements when using Google Analytics.

Objection: Users can prevent the storage of cookies by a corresponding setting of their browser software. However, FM wishes to point out that in this case users may not be able to use all functions of this website fully. In addition, users may prevent the collection by Google of the data generated by cookies and related to their use of the website (including IP address) and the processing of this data by Google by using the link available at the following link “Download” and installing the respective browser plugin to disable Google Analytics: http://tools.google.com/dlpage/gaoptout?hl=en.

Further Information: For more information about Google Analytics, please visit http://www.google.com/analytics/terms/en.html and https://www.google.com/intl/en/policies/.

  • Google AdSense

This website uses Google AdSense, a service for integrating Google advertisements. Google AdSense uses cookies, which are stored on users’ to allow computer analysis of the use of the website. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons can be used to evaluate information such as visitor traffic on these pages.

The information generated by cookies and web beacons on the use of this website (including IP address) and delivery of advertising formats are transmitted to and stored by Google on servers in the USA. This information may be shared by Google with Google affiliates. However, Google will not merge users’ IP addresses with other data users have stored.

Users can prevent the installation of cookies by setting the browser software accordingly. However, users should be aware that in this case they may not be able to fully use all the features of this website. By using this website, users consent to the processing of data about them by Google in the manner and for the purposes set out above.

  1. Links and Social Media Plug-ins

If users access external links to other websites offered through FM’s website, This Policy does not extend to external links to other websites offered through FM’s website. FM has no influence on other providers’ compliance with privacy and security regulations. Users are required to read about the privacy statements on the websites of the other providers on the respective websites.

FM uses plug-ins for social networks, e.g., Facebook, Google+, Twitter and Xing on its website. Responsibility for the operational compliance with data protection is to be guaranteed by the networks’ respective providers. The integration of these plug-ins takes place in such a way that the data protection of the users is guaranteed as comprehensively as possible.

  • Facebook

On FM’s website, plug-ins which are offered by the Facebook Inc., USA (“Facebook”) are integrated. Facebook plug-ins can be recognized by the Facebook logo or the “Like-Button” (“Like”) on the FM website. An overview of the Facebook plug-ins can be found here: http://developers.facebook.com/docs/plugins/.

When visiting FM’s website, the plug-in establishes a direct connection between the user browser and the Facebook server. Facebook receives the information that the user has visited FM’s website including the IP address. If the user clicks on the Facebook “Like-Button” while logged into the Facebook account, the contents of FM’s website can be linked to the user’s Facebook profile. As a result, Facebook can assign the visit to FM’s website to the visiting user account. FM wishes to point out that as provider of the webpages it is not aware of the content of the data transmitted and its use by Facebook. Further information can be found in the Facebook Privacy Policy at https://www.facebook.com/about/privacy/

If the user does not wish Facebook to associate the visit to FM’s webpages with the user’s Facebook account, the user should log out of the Facebook user account.

  • Twitter

Functions of Twitter services are integrated on the FM website. These features are offered by Twitter Inc., USA (“Twitter”). By using Twitter and the “Re-Tweet” feature, the web pages visited will be linked to the user’s Twitter account and shared with other users. Thereby, among others, transfer data such as IP address, browser type, visited domains, visited pages, mobile service providers, device and application IDs and search terms are transmitted to Twitter.

FM wishes to point out that as provider of the website it is not aware of the content of the transmitted data and their use by Twitter. Due to continuous updating of the Privacy Policy of Twitter, FM refers to the latest version at (http://twitter.com/privacy).

Users can change their privacy settings on Twitter in the Account Settings at http://twitter.com/account/settings. For any questions, please contact privacy@twitter.com.

  • Google+1

Use of the Google+1 button enables the user to publish information worldwide. The Google+1 button provides the individual and other users with personalized content from Google and its affiliates. Google stores both the information that the user adds to +1 for content and information regarding the page viewed when the user clicked +1. The user’s +1 may appear alongside the profile name and photo in Google services, such as search results or in the user’s Google profile, or elsewhere on websites and ads on the web.

Google records information about the user’s +1 activity to improve Google’s services.

To use the Google +1 button, the user’s account needs to be globally visible, i.e., Google public profile that shows at least the name chosen for the profile. This name will be used in all Google services. In some cases, this name may also replace a different name that the user applies when sharing content through the Google Account. The identity of the Google Profile may be displayed to users who know the user’s email address or have other identifying information.

In addition to the uses outlined above, the information provided will be used in accordance with the applicable Google Privacy Policy (http://www.google.com/intl/en/policies/privacy/). Google may publish summarized statistics on users’ +1 activity or share those statistics with FM users and partners, such as publishers, advertisers, or affiliate websites.

  1. Data Security

FM secures this website and other systems through technical and organizational measures against loss, destruction, unauthorized access, modification or dissemination of user data by unauthorized persons. However, absolute protection cannot be guaranteed.

Where possible, FM data processing systems are privacy-friendly from the outset, e.g., designed by minimizing and pseudonymizing personal data.

  1. User Rights

Right to Information: Users can always ask FM in writing whether and which personal data is stored about them, as well as all details of any processing. User applications will be completed free of charge (except for excessive or open unsubstantiated applications) and promptly.

Right to Correction, Deletion and Restriction: Users also have the right to rectify incorrect or incomplete data as well as the right to the immediate deletion or restriction of the processing of their data.

Data Portability: Users can transfer personal data from one location to another in a common machine-readable format.

Renunciaton: As far as FM uses data for a purpose that requires user consent in accordance with the applicable law, FM will always ask for the users’ express consent and log the answer. When revoking consent or objecting, a simple message to the address of the responsible body according to para. 2 of this Policy is sufficient.

  1. Updating and Amendments

FM may amend, change or update any part of the Policy without prior notice.        

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.

Teacher/Instructor Specific Terms & Conditions:

GRADUATION AS FRANKLIN-METHOD® EDUCATOR (SILVER-LICENSE)After completion of the four compact modules, it is possible to obtain a certificate as a franklin-method® educator (silver-license) (level 2 equivalent).This is a prerequisite to be able to connect with the superstructure module and to “pick up” and refresh the people who have a larger span between the modules.

HOW TO GET CERTIFIED?

  1. Online examination using multiple-choice method
  2. At least 80% of the test passed
  3. With less, testing can be repeated
  4. Examination fee of 89 USD

ADD-ON MODULE “ORGANS, BREATHING & POSTURE“ (LEVEL 3 EQUIVALENT)

Prerequisite: Completion of the four modules and successful online examination20 day module divided into 2x 10 days (or 7-7-6 or 4x 5 days possible) The following workshops may be held after successful completion:

  • Breathing for life with the Franklin Method®
  • Oral health for the stomach – or what helps you digest Life – the Franklin Method®
  • Organ health for the kidney – the life filters – the Franklin Method® (Adaptation of the title still possible)

NEW FRANKLIN METHOD LICENSE SYSTEM – Effective Jan 1st, 2018

  • The new licensing system licenses for both the Modular and Level (1-3) graduates to use the Franklin Method®
  • Goes active with the start of the new module system or a new level training
  • Costs 99 USD per year
  • Included for 1+ year at module completion (for example, completion 03/2018 -> license expiration 12/2019)
  • Must be renewed every year Jan 1st – Dec 31st.
  • Invoice will be send in Nov / Dec for the new year
  • Control and accounting through the Franklin Institute
  • The fees include:
    • License to teach for 1 year
    • Listing of trainer’s address on the website of the institute
    • Listings of workshops and weekly courses
    • Marketing tools for each module
    • Newsletter updates for instructors / educators
    • FM Educators Discount on all online courses 50%
  • If a license is not renewed (for example by non-payment of the fee) all above said points will be terminated. Also, it is no longer possible to teach the Franklin Method. 

CONTINUING EDUCATION

In order to maintain the quality of the Franklin Method, the obligation to provide further education is necessary for all graduates.The Franklin Method continues to move forward and grow. In order to stay up-to-date and motivated the participation is compulsory within 2 years.The CE training can either take place as:

  • Participation in regular CE program with Eric Franklin or in approved online course
  • If there was no participation in CE within two years, the license expires (terminating/deleting of the trainer address, workshops on the website), irrespective of whether the license fee has been paid or not.

Membership Terms & Conditions

TYPES OF MEMBERSHIP

Monthly $20/$15 Educator Price – this comes with a one month minimum term. After the first month, your membership will renew automatically on a month-to-month basis and can be cancelled by you at any time on giving us notice (such cancellation to take effect at the end of the current membership month in which your notice to terminate has been given). Your payment method will be charged monthly for as long as the membership lasts.

Annual $150/$99 Educator Price – this is a 12-month membership and your payment method will be charged the full amount for that year’s membership when you purchase it. After the first year, your membership will renew automatically on an annual basis and can be cancelled by you at any time on giving us notice (such cancellation will take effect at the end of the then-current membership year in which your notice to terminate has been given). Your payment method will be charged annually for as long as the membership lasts.

Season Pass –this is a 12-month membership and your payment method will be charged the full amount for that year’s membership when you purchase it. After the first year, your membership will renew automatically on an annual basis and can be cancelled by you at any time on giving us notice (such cancellation will take effect at the end of the then-current membership year in which your notice to terminate has been given). Your payment method will be charged annually for as long as the membership lasts.

This also includes:

  • Immediate access to a Exclusive Franklin Method Member only Library  (formally known as Transformation)
  • Immediate Access to the 8 week online course “The Art & Science of Cueing for Movement” BONUS: Purchase Before May 1st 2018 to also receive instant access to Franklin Method BALLFEST exercise Videos + Posture Class
  • Choose any 4 current or upcoming online workshops. Please email us at info@franklinmethod.com to add your chosen courses at any time within that year period.
  • Automatic 30% discount off of any other online courses & 10% discount off any LIVE Teacher trainings or certification trainings

GIFT MEMBERSHIP

We may also from time to time allow the purchase of memberships to be given as gifts. The length and cost of such gift memberships will be specified on the Website and clear at the point of purchase. These will not renew automatically and the recipient will be informed of its expiry date in advance.

UPGRADING YOUR MEMBERSHIP

Depending on your type of membership, upgrades to your membership can be purchased on the Website.

If you have purchased an upgrade to a monthly membership, your membership will renew automatically on a month-to-month basis from the date on which you purchased your upgrade, at the upgraded monthly membership price. Your cancellation rights are not affected.

If you have purchased an upgrade to a monthly membership and would like to return to a previous level of membership, please email on support@franklinmethod.com and they will be happy to help.

If you have purchased an upgrade to a 12-month membership, your membership will renew automatically on an annual basis at the upgraded 12-month membership price. Your cancellation rights are not affected.

CANCELLING YOUR MEMBERSHIP

If you wish to cancel your membership (other than under your statutory cancellation rights) please email on support@franklinmethod.com.

REJOINING FOLLOWING CANCELLATION

If you wish to purchase a new membership following a previous cancellation, this is at our discretion.

ACCEPTANCE OF IMMEDIATE PROVISION

When purchasing a membership, you indicate that you are specifically requesting that we start providing the membership service to you immediately, without waiting for the end of the statutory 14-day “cooling off” period.

CHANGES TO YOUR MEMBERSHIP TERMS

Where it is necessary to change your terms of membership, we shall do only on at least 30 days’ notice to you. If such change materially alters your position as a consumer, we shall give you the option to cancel your membership and receive a refund for the time remaining.

Contact Us

Please contact us with any questions or comments.

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