HeartMath^® Interventions Sample Certification Letter of Agreement

It is my pleasure to confirm the terms under which the Institite of HeartMath is extending to you certification in our HeartMath Interventions program, in the territory consisting of the United States and Canada.

Our joint vision is that you will actively integrate the tools and techniques contained in the HeartMath Interventions program into your professional work with clients or patients. Toward that end, we are extending you this Letter of Agreement that includes a license to use specific HeartMath tools, techniques and processes within your professional practice and to represent yourself as a "Certified HeartMath^® Practitioner".

Your certification status will commence upon successful completion of the HeartMath Interventions Course, including submission and approval of a Case Study as described in the Course Manual. You agree that you will represent your knowledge of the HeartMath System, the scientific research that underlies the System and the protocols presented in the HeartMath Interventions Course in a manner which does not reflect adversely on the name and reputation of the HeartMath organization.

We mutually agree that this Agreement limits the use of HeartMath Interventions to individual instruction in a health care professional context. Regular, on-going group therapy in a clinical context such as anger management or substance abuse programs is included within the concept of individual instruction.

This Agreement does not grant permission to teach or present the contents of the HeartMath Interventions Course related to the specific techniques, HRV measurement or clinical intervention protocols, or in whole or in part, in seminars, lectures or workshops or to groups of people without prior written permission from HeartMath. However, basic science information and/or outcome data regarding the effectiveness of the use of HMI in various populations may be presented in educational venues, such as conferences, lectures or classes without prior permission. HM will make available approved Power Point slides to certified HMI practitioners for use in these educational venues upon written request.

You will be furnished materials from HeartMath that are copyrighted. You may use these copyrighted materials with your clients or patients except those materials marked "confidential" or "proprietary" by HeartMath which are for your personal use only unless written permission to copy or reproduce them is obtained from HeartMath.

In order to assure intellectual property rights protection, the appropriate use of copyright and registered trademark symbols and designations and the integrity of information in our public exposure, you agree to distribute only the material approved for such use and supplied to you by HeartMath. You agree that you will not use the HeartMath trademarks* and copyrighted information in handouts, slides, books, articles, Web sites, media outlets, etc. unless you first obtain written permission from HeartMath. If you are not clear on the proper use of any HeartMath trademarks and copyrighted material, contact HeartMath for assistance.

Modifications of the HeartMath techniques and intellectual property are considered derivative works and are the property of HeartMath. Modifications may be made only with specific written permission from HeartMath. Modifications include translations, editorial revisions, interpretive matter, annotations, elaborations or other adaptations or forms of presentation that are based on the original HeartMath work.

This Agreement does not grant permission to extend to others authority to use HeartMath Interventions as a Certified HeartMath Practitioner. If you have members of your staff who deliver your services to your clients or patients, they need to be specifically trained and certified, just as you are, in order to claim they are Certified HeartMath Practitioners.

There is no obligation for the payment of royalties on income derived from use of HeartMath materials or information as part of your therapeutic work. This Agreement does not grant permission to use, promote or sell the HeartMath name, proprietary information or training materials for any purpose other than in your own therapeutic work without prior written permission.

We mutually agree that you are not an employee of nor do you represent the HeartMath organization. As such, you are responsible for all costs associated with the use of HeartMath information. If you have employees, you agree that they will follow the terms of this Agreement. HeartMath does not make any warranties or representations as to the success of the value or role of HeartMath in that success.

Information flow and staying current are an important element of this Agreement. Thank you for agreeing to notify HeartMath of any change in address, phone number and email.

Because the HeartMath research and techniques relate to mental, emotional and physical health you agree to act in accord with the following HeartMath policy and not make any claims contrary to that policy:

"HeartMath has developed highly successful interventions for self improvement in mental, emotional and physical balance. HeartMath technology and materials are not intended to replace treatments for medical or psychological conditions by licensed physicians, psychologists or other health care professionals."

This Agreement is valid for three (3) years and may be renewed by meeting renewal requirements the specifics of which will be sent to you 6 months prior to your 3 year anniversary date. Failure to fulfill any provision of this agreement results in termination within thirty days notice of the deficiency unless it has been remedied. In this Agreement, when permission or authorization is required, permission can be provided either in writing or electronically.

If any conflicts arise we agree to 1.) Directly negotiate with each other; 2.) Choose an independent third party mediator; and 3.) If we still cannot reach agreement, to use binding arbitration instead of going to court. If we were not able to work out our problems in those ways immediate irreparable injury could be caused for which injunctive relief is an appropriate remedy in addition to others. If you have a dispute with a client or other third party relating to HeartMath technology, notify us so we can be present at a meeting of the parties to assist in resolution.

We both agree not to assign this Agreement to anyone else and not to modify it except in writing. We can not bind each other or act as each other’s agent. HeartMath is not liable for your actions and you are not liable for HeartMath’s actions. We will both keep adequate liability insurance. The terms of this agreement will be enforced under California law and are effective as of the date of mutual signature.

*Partial list of trade names. Complete list available from the Training and Licensing Office.

HeartMath, Freeze-Frame, and Heart Lock-In are registered trademarks of the Institute of HeartMath.

Quick Coherence and Attitude Breathing are registered trademarks of Doc Childre. emWave and Personal Stress Reliever are registered trademarks of Quantum Intech, Inc.