BETA PARTICIPANT AGREEMENT
Instinct to Intention™ — Founding Beta Cohort
Coach: The Prehistoric Brain, LLC, a California limited liability company
Participant Name: ______________________________
Date of Agreement: _____________________________
Program Start Date: ____________________________
1. PURPOSE OF THIS AGREEMENT
This Agreement establishes an educational coaching beta participation relationship only. It shall not be construed as creating a therapist-client relationship, healthcare relationship, mental health treatment relationship, employment relationship, partnership, or other professional treatment relationship.
Participant is being granted complimentary access to Instinct to Intention™ and The H.A.R.N.E.S.S. Method™ as a member of the Founding Beta Cohort.
The purpose of beta participation is to allow Coach to evaluate curriculum effectiveness, participant experience, educational outcomes, community structure, coaching delivery, technology systems, and overall Program development prior to broader public release.
Participant understands that no monetary payment is required for participation, and that Participant shall not be entitled to any other compensation in exchange for his or her participation.
In exchange for receiving complimentary access, Participant agrees to actively engage in the beta process and provide meaningful feedback regarding their experience.
2. NATURE OF THE PROGRAM
Instinct to Intention™ and The H.A.R.N.E.S.S. Method™ are educational and personal development programs designed to support increased self-awareness, behavioral insight, intentional decision-making, personal growth, and the development of new behavioral capacities.
Although Coach’s principal is a Licensed Marriage and Family Therapist (LMFT), all services provided under this Agreement are coaching and educational services only.
Coach is not acting in the role of psychotherapist, mental health provider, healthcare provider, treating clinician, or crisis provider.
Participation does not constitute psychotherapy, counseling, mental health treatment, diagnosis, assessment, crisis intervention, or healthcare services.
Program content may incorporate concepts from neuroscience, psychology, behavioral science, attachment theory, interpersonal neurobiology, performance science, and related disciplines solely for educational purposes.
No therapist-client relationship is established through enrollment, participation, live calls, private sessions, community participation, written communication, email communication, text communication, Facebook interactions, or use of Program materials.
3. PARTICIPANT SUITABILITY
Participant represents that they are capable of participating in a coaching and educational program and are not currently experiencing a mental health crisis, active psychosis, severe substance impairment, active suicidal ideation, active homicidal ideation, psychiatric instability, or another condition requiring immediate clinical intervention.
Participant agrees to seek appropriate medical, psychiatric, psychological, or mental health treatment if such circumstances arise during participation.
Coach reserves the right to suspend or terminate participation if concerns arise that fall outside the scope of coaching and education.
4. BETA PROGRAM NATURE AND CHANGES
Participant understands that the Program remains under development.
Curriculum, materials, schedules, community features, technologies, educational approaches, Program structure, delivery methods, live calls, private sessions, graduate features, and communication channels may change during participation without prior notice.
Participant understands that the purpose of beta participation includes evaluation, refinement, and improvement of the Program.
No specific features, benefits, schedules, outcomes, or future access rights are guaranteed.
5. BETA PARTICIPATION EXPECTATIONS
Participant agrees to:
- Engage with Program materials in good faith
- Attend live calls whenever reasonably possible
- Complete requested surveys or questionnaires
- Participate in feedback activities
- Provide honest and meaningful feedback regarding strengths and areas for improvement
- Respect fellow participants and maintain community standards
- Participate in a recorded exit interview of approximately thirty (30) to sixty (60) minutes if requested by Coach
Participant understands that active participation and meaningful feedback are important components of beta access.
Coach reserves the right to discontinue complimentary access if Participant becomes inactive or fails to meaningfully participate in the beta process.
6. PROGRAM FEATURES
Beta participants may receive access to:
- Course curriculum
- Educational videos
- Workbooks
- Worksheets
- Exercises
- Live coaching calls
- Three private 60-minute coaching sessions (beginning, middle, and end of program)
- Community spaces
- Recordings
- Graduate community opportunities
- Supplemental materials
- Email support
- Text support
- Facebook interactions
Participant understands that the Program is still being refined and no specific features are guaranteed. Coach reserves the right to modify or delete any of the above features, up to and including discontinuance of the entire program, in Coach’s sole discretion.
7. LIVE CALLS, PRIVATE SESSIONS, AND COMMUNITY ACCESS
Participant receives access to live group coaching calls, private Facebook communities, graduate communities, email support, text support, and Facebook interactions.
All such services are educational in nature.
Participant receives three private 60-minute coaching sessions with Coach, scheduled at the beginning, middle, and end of the program. Private sessions are delivered via video call and scheduled by mutual agreement, subject to Coach availability. Unused sessions do not roll over or convert to credit.
Private sessions are educational coaching sessions only and do not constitute psychotherapy, counseling, assessment, diagnosis, treatment, crisis intervention, or healthcare services.
Coach may modify schedules, frequency, duration, availability, communication methods, and Program features at any time.
No response times, graduate access, or future benefits are guaranteed.
8. COMMUNICATION BOUNDARIES
Email, text messaging, Facebook messaging, Facebook group interactions, private community posts, and other electronic communications are provided for educational support, community engagement, and administrative communication only.
Coach does not provide emergency services, crisis intervention, psychotherapy, mental health treatment, or on-demand coaching through these communication channels.
Participant agrees not to use Program communication channels for emergencies.
In the event of a medical, psychiatric, psychological, or mental health emergency, Participant agrees to contact 911, 988, local emergency services, or an appropriate licensed healthcare professional immediately.
Coach does not guarantee response times or availability outside scheduled Program activities.
9. PERSONAL GROWTH AND ASSUMPTION OF RISK
Participant understands that personal growth, self-reflection, increased awareness, behavioral change, and participation in educational coaching activities may involve emotional discomfort, uncertainty, frustration, vulnerability, stress, emotional activation, or temporary distress.
Participant voluntarily assumes all risks associated with participation in the Program and acknowledges that such experiences may occur as part of the educational process.
Participant understands that emotional activation, discomfort, or increased awareness during participation does not mean Coach is providing psychotherapy, mental health treatment, psychological assessment, diagnosis, or healthcare services.
10. INDEPENDENT RESPONSIBILITY
Participant remains solely responsible for all decisions, actions, behaviors, implementation, and outcomes arising from participation in the Program.
Coach is not responsible for decisions made by Participant before, during, or after participation.
No specific results, changes, improvements, transformations, or outcomes are guaranteed.
11. RECORDING CONSENT
Participant understands that group calls, workshops, trainings, question-and-answer sessions, and Program activities may be recorded.
Participation in live calls constitutes consent to recording.
Recordings may be used for participant access, Program improvement, curriculum development, internal training, educational purposes, and beta review.
Participant may choose whether to use video or verbally participate.
Private sessions may or may not be recorded depending on Coach’s procedures and the purpose of the session. Any recording of private sessions will require notice to Participant.
12. FEEDBACK REQUIREMENTS
Participant understands that meaningful feedback is a condition of beta participation.
Coach may request surveys, written feedback, questionnaires, interviews, exit conversations, Program evaluations, or other feedback.
Participant agrees to provide honest feedback regarding their experience.
Feedback may be used internally for Program improvement, curriculum refinement, delivery improvement, and business development.
13. TESTIMONIALS
Participant is not required to provide a testimonial.
If Participant chooses to provide a testimonial, review, success story, endorsement, survey response, or interview excerpt, Coach will obtain separate written permission before using identifying information publicly.
Anonymous feedback may be used for educational or Program development purposes.
14. NO GUARANTEE OF FUTURE ACCESS OR COMPENSATION
Complimentary beta participation does not create ownership rights, revenue rights, royalties, employment opportunities, certification rights, affiliate rights, future compensation, revenue sharing, partnership rights, intellectual property rights, or ongoing access rights.
Coach reserves the right to modify, discontinue, limit, suspend, or terminate access to the Program following completion of the beta period.
Future access, graduate participation, updates, continuing benefits, paid opportunities, certification opportunities, affiliate opportunities, or compensation are not guaranteed.
15. PRIVACY AND CONFIDENTIALITY
Coach will make reasonable efforts to protect the privacy of information shared during the Program.
Participant understands that coaching communications do not receive the same legal protections, privileges, confidentiality rights, or healthcare privacy protections that may apply within psychotherapy relationships.
Confidentiality cannot be guaranteed within group environments, community spaces, online platforms, or recorded sessions.
Participant agrees to respect the privacy of fellow participants.
Participant shall not disclose personal information shared by other members without permission.
Limits of Privacy
Coach may disclose information when required by law, including circumstances involving risk of serious harm to self or others, suspected child abuse or neglect, suspected elder abuse, suspected dependent adult abuse, court orders, legal requirements, or other circumstances required by law.
Group Participation Risks
Participant understands that other members may hear, observe, remember, or discuss information voluntarily shared during group calls, community interactions, private community posts, or Program activities.
Although Coach encourages confidentiality and respectful participation, Coach cannot guarantee the actions or conduct of other participants.
16. ELECTRONIC COMMUNICATION AND TECHNOLOGY DISCLAIMER
Participant acknowledges that participation may involve communication through electronic platforms including but not limited to Kajabi, Zoom, Facebook, email, text messaging, and other digital technologies.
Participant understands that electronic communication carries inherent privacy, confidentiality, and security risks and accepts those risks as a condition of participation.
Coach is not responsible for interruptions, delays, cancellations, or loss of access caused by internet failures, software issues, device malfunctions, platform outages, third-party technology failures, social media disruptions, hosting problems, Kajabi issues, Zoom issues, Facebook disruptions, email provider disruptions, phone carrier disruptions, or other technology-related issues.
17. INTELLECTUAL PROPERTY
All Program materials remain the exclusive intellectual property of Coach and Kira S. Kayler.
Protected materials include but are not limited to:
- The H.A.R.N.E.S.S. Method™
- Instinct to Intention™
- Curriculum
- Videos
- Workbooks
- Exercises
- Assessments
- Recordings
- Graphics
- Downloads
- Training materials
- Frameworks
- Methodologies
- Private session materials
- Community content created by Coach
Participant receives a limited, revocable, non-exclusive, non-transferable license for personal educational use only.
Program materials may not be copied, shared, distributed, sold, taught, republished, uploaded, repurposed, commercially used, or used to create derivative works without prior written permission.
Participant may not create competing programs or represent themselves as authorized to teach The H.A.R.N.E.S.S. Method™ or Instinct to Intention™.
18. ARTIFICIAL INTELLIGENCE RESTRICTIONS
Program materials may not be uploaded into artificial intelligence systems, language models, automated coaching systems, machine learning systems, or similar technologies without prior written permission.
This includes ChatGPT, Claude, Gemini, Copilot, Perplexity, Grok, or future AI platforms.
Participant may not use Program materials to train, prompt, improve, summarize, reproduce, redistribute, or create derivative products, automated coaching systems, or competing educational programs.
19. NO MEDICAL OR PROFESSIONAL ADVICE
Information provided during the Program does not constitute medical advice, psychological treatment recommendations, diagnosis, healthcare advice, legal advice, financial advice, tax advice, or other licensed professional services.
Participant agrees to seek appropriate licensed professionals when necessary.
Participation is not a substitute for medical care, mental health treatment, psychological services, legal advice, financial advice, tax advice, or other licensed professional services.
20. LIMITATION OF LIABILITY
Participation is voluntary.
Participant understands that the Program is educational in nature.
To the fullest extent permitted by law, Coach shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, emotional distress, business interruption, lost profits, lost opportunities, financial, relational, career, or other damages arising from participation in the Program. In no event shall Coach be liable for any damages in excess of $100 in the aggregate.
21. RELEASE OF CLAIMS
To the fullest extent permitted by California law, Participant releases and discharges Coach from claims, demands, causes of action, damages, or liabilities arising from participation in the Program except in cases of gross negligence, willful misconduct, or conduct prohibited by applicable law.
22. TERMINATION
Either party may terminate participation upon ten (10) days’ written notice.
Coach may terminate participation immediately for disruptive conduct, harassment, threatening behavior, discriminatory behavior, community violations, unethical conduct, unsafe conduct, inactivity, or failure to participate meaningfully in the beta process.
Upon termination, access to Program materials, recordings, private sessions, communities, and future benefits may be revoked.
23. FORCE MAJEURE
Coach shall not be liable for delays, interruptions, cancellations, or inability to provide services resulting from circumstances beyond reasonable control, including but not limited to illness, injury, natural disasters, power outages, internet failures, technology disruptions, platform failures, government actions, labor disputes, acts of terrorism, pandemics, public health events, family emergencies, or other unforeseen events.
24. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.
Any legal proceeding arising from or related to this Agreement shall be brought exclusively in the state or federal courts located within California.
The parties consent to the jurisdiction of those courts.
25. ENTIRE AGREEMENT
This Agreement represents the complete understanding between the parties and supersedes all prior discussions, understandings, representations, and agreements.
Modifications must be made in writing.
Electronic signatures are legally binding and enforceable to the same extent as handwritten signatures.
26. ACKNOWLEDGMENT
By signing below, Participant acknowledges that:
- Participation is voluntary
- Participation is provided without charge
- Coaching is not therapy
- No therapist-client relationship exists
- Results cannot be guaranteed
- Feedback participation is expected
- Program materials remain Coach’s intellectual property
- The Program is educational in nature
- Private sessions are coaching and educational only
- Participant agrees to all terms contained herein
SIGNATURES
Participant
Signature: ______________________________
Printed Name: ___________________________
Date: __________________
Coach
The Prehistoric Brain, LLC
By:
Name: Kira S. Kayler
Title:
Signature: ______________________________
Date: __________________