Program Waiver

Incuentro LLC General Policies and Waivers

1. Liability Release and Waiver

PLEASE READ CAREFULLY! THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS!

This release and waiver of liability is being executed upon enrollment in favor of Incuentro LLC for the activities described herein and below. The Registrant or Registrant/ Undersigned wants to engage in classes or activities associated with Incuentro LLC programs. The Registrant/ Undersigned hereby freely, voluntarily and without duress executes this Release and Waiver under the following terms:

GENERAL RELEASE AND WAIVER: The Registrant or Registrant/ Undersigned releases and forever discharges and holds harmless Incuentro LLC and all of its employees, contractors, agents, officers and directors and its successors and assigns (collectively “Incuentro LLC”) from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the Registrant/Undersigned’s activities with Incuentro LLC. The Registrant/ Undersigned understands that this Release discharges Incuentro LLC from any liability or claim that the Registrant/ Undersigned may have against Incuentro LLC with respect to bodily injury, personal injury, illness, infection, death or property damage that may result from the Registrant/ Undersigned’s activities with Incuentro LLC, whether caused by the negligence of Incuentro LLC or its Directors, Officers, Employees, Volunteers, Clients, Visitors or Agents or otherwise. The Registrant/ Undersigned also understands that Incuentro LLC does not assume any responsibility for or obligation to provide any financial assistance or other assistance, including, but not limited to medical, health, or disability insurance in the event of injury or illness.

INDEMNIFICATION: The Registrant/ Undersigned shall indemnify, defend, and hold harmless Incuentro LLC, from any and all liability, claims, costs and losses, whether related to property damage, personal illness, injury or death, arising from the Registrant/ Undersigned’s activities with Incuentro LLC, whether caused by the willful or negligent acts of Registrant/ Undersigned or the negligent acts of Incuentro LLC. This provision shall survive the term of this agreement.

MEDICAL TREATMENT: The Registrant/ Undersigned releases and forever discharges Incuentro LLC from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Registrant/ Undersigned’s activities with Incuentro LLC.

1. Assumption of Risk

The Registrant/ Undersigned understands that activities may include physical activity or work that may be hazardous to the Registrant/ Undersigned, including, but not limited to, loading and unloading, operation of equipment and /or tools, community 

activities, and exposure to disease or illness. The Registrant/ Undersigned expressly and specifically assumes the risk of injury or harm inherent in the activities and releases Incuentro LLC from all liability for injury, illness, death or property damage resulting from the activities.

• Insurance

The Registrant/ Undersigned understands that Incuentro LLC does not carry or maintain health, medical or disability insurance coverage for any Registrant/ Undersigned. The Registrant/ Undersigned is expected to and encouraged to obtain his or her own medical or health insurance coverage.

1. Confidentiality

The Registrant/ Undersigned understands that information regarding Incuentro LLC clients, donors, and staffs’ personal information, company financial and related program information is confidential and agrees to keep all such information confidential.

1. Non- Solicitation of Clients and Personnel

Client acknowledges and agrees (i) that Incuentro LLC has devoted a considerable amount of time, effort, and expense to establish, and maintain Incuentro LLC’s personnel team, (ii) that such personnel and the resulting goodwill comprise valuable assets of Incuentro LLC’s, (iii) that as a result of Incuentro LLC providing to Client the Services described herein, Client will have access to Incuentro LLC’s personnel, and (iv), that Client’s solicitation of Incuentro LLC’s personnel to become employees or Clients of Client or any other entity would be highly damaging to Incuentro LLC’s business.

Client agrees that during this Term and all renewals and extensions of this Agreement and for a period of two (2) years following termination of this Agreement for any

reason, Client shall not, directly or indirectly, in any capacity, on Client’s own behalf or on behalf of any entity which Client maintains an interest (a) solicit or attempt to solicit any Incuentro LLC personnel who is then providing services for purposes of inducing such person or entity to become an employee, independent Client, consultant, or intern of Client or any Affiliate of Client UNLESS Incuentro LLC agrees expressly and in writing to waive its rights under this section prior to Client or Affiliate’s solicitation of Incuentro LLC’s personnel to become employees or Clients of Client or Affiliate.

1. Truth in Statements Provided

I affirm that the information I have provided to Incuentro LLC is true, complete and without omission of all facts material to my training to the best of my knowledge. A request for release of information from teachers, counselors, therapists and others may be requested. Material misrepresentations or omissions may result in early termination of my enrollment at Incuentro LLC’s sole discretion. (See refund policy.)

• Safety and Security

I understand that if registrants act in a manner dangerous to him/herself or other classroom participants or their behavior creates disturbances that prohibit the class from functioning, registrant may be asked to leave the class or event and continued enrollment or future participation may be terminated at the sole discretion of Incuentro LLC (See refund policy). I understand that Incuentro LLC strives to provide a positive and comprehensive learning environment for all its students. In keeping with these goals, Incuentro LLC reserves the right to deny service or terminate the enrollment or participation of any student whom Incuentro LLC decides in its sole discretion is not compatible with its goals. (See refund policy).

• Consent to Treat for Emergency Care

I hereby consent to any medical care determined by a physician, ambulance or other emergency personnel to be necessary for my welfare while under the care of Incuentro LLC and any of its employees, officers, directors, Board members, volunteers, contractors, agents, assigns and any related entitles and their employees, officers, directors, if I am not able to give consent. I hereby agree that I will be solely responsible for and will promptly pay any expenses incurred in making emergency medical care available to me. I acknowledge that I may be waiving some of my legal rights, that I have full responsibility for any actions taken on my behalf pursuant to my medical authorization while under Incuentro LLC’s supervision and I agree to defend, hold harmless and indemnify Incuentro LLC from any damage which may arise from any acts of determinations not to act consistent with my medical authorization. This authorization is effective from the date of this registration and will remain in effect until such authorization is withdrawn.

1. Photo and Media Release

Unless otherwise determined, I consent to the use of the digital, print, or other medium including social media use of participants’ likeness and reference and/or descriptions of participants’ disabilities by Incuentro LLC for publicity, PR, fundraising, marketing and other similar purposes and waives all rights and interests in such materials. (No photos or videos will be used for publicity, PR, or marketing of clients who are customers of Texas Workforce Commission.)  If you do not agree to grant this permission, please email your specific denial to info@incuentro.com for inclusion in your registration file.

1. Equal Opportunity Provider

Incuentro LLC provides services without regard to race, color, sexual orientation, religion or national origin.

1. Participation and Active / Inactive Status

Participation–When you register for an Incuentro LLC program, you are requested to be active and involved with regular participation and communication. If a participant is absent for three (3) consecutive sessions without communication concerning the absences, participant will be contacted via email and may be moved to inactive status without reimbursement of any fees incurred.

• Class Availability

Class availability may be limited. A deposit may be taken to reserve space in an upcoming class.

• Programs, Classes, Times and Locations Subject to Change

Programs, classes, times and locations are subject to change due to unforeseen circumstances, teacher illness, weather, or other events which would, in the sole discretion of Incuentro LLC, negatively impact class or event operation. Reasonable efforts will be made to contact enrolled participants (by phone, text and/or email on file) in case of schedule changes.

• Teacher Background Checks

All Incuentro LLC staff have passed criminal background checks. Consistent with State regulations, this ensures that no one with a history of violent criminal behavior, crimes involving children or other crimes of moral turpitude will work with Incuentro LLC.

1. Volunteer/Visitors

There may be volunteers and visitors for whom we are unable to complete background checks. By participating in our program, you agree to their presence.

• Payments and Refunds

Full payment for term classes is due prior to class start unless partial or monthly payment options have been arranged. If partial or monthly payments are made, the obligation for the full semester tuition remains. Payments are due as scheduled.

If a participant wishes to withdraw from a class or program, they must communicate their request in writing. Participant enrollment is calculated up to the date of notification.

Refunds at the time of withdrawal may be made solely at the discretion of Incuentro LLC.

Should Incuentro LLC invoke its rights above and terminate your enrollment, a refund for the remainder of the unused classes in the session will be available.

• Attendance and Timing

Attendance and timeliness are important for the proper functioning of our classes and programs. Late arrival is disruptive to all involved and you may be asked to reschedule. Participants must be picked up in a timely manner after class. If delays are necessary, participants must contact the instructor. Incuentro LLC reserves the right to charge a late pick-up fee prorated at a rate of $100/hour.

• Privacy and Security Policy

We use the information you provide about yourself to correspond with you and provide our services. We use third party service providers for registration, corporate communication and payment activity. We do not share your personal information with outside parties except to the extent necessary to complete our services.

For further information about your personal information, please call 281-826-6020 or email info@incuentro.com.

• Mental health responsibility

Incuentro LLC works with the participant in a goal-oriented process that facilitates participant’s ability to maximize personal and/or professional independence:

a.   The participant is solely responsible for his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of participating in Incuentro LLC programs. As such, the participant agrees that Incuentro LLC’s instructors are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the
instruction. The participant understands Incuentro LLC’s programs are not therapy and do not substitute for therapy if needed, and do not prevent, cure or treat any mental disorder or medical disease.

b. The participant acknowledges that programs may involve different areas of his or her life including finances, health, relationships, education, and recreation. The participant agrees that deciding how to handle these issues, incorporating skills learned through programs into those areas and implementing choices is exclusively the participant’s responsibility.

c.    The participant acknowledges that programs do not involve the diagnosis or treatment of any mental or medical disorders and that programs are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the participant is currently under the care of a mental health professional, it is recommended that the participant promptly inform the mental health care provider of the nature and extent of the instructor relationship agreed upon by the participant and Incuentro LLC. Incuentro LLC is willing to collaborate with other professional advisors with the participant’s permission.

d.    The participant understands that to enhance the program effectiveness, the participant agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to
participate fully in the program.

1. Other

The Registrant/ Undersigned expressly agrees that the Releases and Waivers contained in this agreement are intended to be as broad and inclusive as permitted by the laws of the State of Texas and shall be governed by and interpreted in accordance with the laws of the State of Texas. The Registrant/ Undersigned agrees that in the event that any clause or provision of this document is held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this document which shall continue to be enforceable. The releases and waivers are binding on the Registrant/ Undersigned and his or her successors, heirs, personal representatives or assigns.

My electronic agreement to this statement via registration and/or participation in Incuentro LLC programs is considered as binding as my written signature.

Questions or concerns may be made directly to Wendy Dawson at wendy@incuentro.com.

Updated 4/1/25