For Watson Headache® Institute Courses, Programs, Webinars, Events and Publications, both offline and online (collectively, “Institute Offerings”):
Course participants will be required to acknowledge having read the ‘Intellectual Property Notice’ and the ‘Conditions of Use’ document. It is a requirement that registrants for Institute Offerings read and agree to this document at the time of registration. Offline course attendees are required to sign an offline copy of the ‘Conditions of Use’ document prior to the commencement of their course. Online course attendees will be required to agree to the course Terms and Conditions which includes the Intellectual Property and Conditions of Use Documents at the time of registration.
Please read carefully and if you have any questions or concerns outline these in an email to info[@]watsonheadache.com.
Background:
A.Why do we have conditions of use?Watson Headache® Institute Pty Ltd (“Institute”) is concerned that some people attempt to use, teach or research the content of its offerings and do not give due respect to the relevant ethics and law applicable to the Institute’s content. Inappropriate or unauthorised use of content impacts on the Institute’s international community of practitioners, educators, researchers and collaborators as well as the delivery of the Watson Headache® Approach to people living with Cervicogenic and Primary Headache and associated conditions. These Conditions of Use regulate the use of such content.
B. What is Institute Content? The Institute’s content includes the Institute’s intellectual property and digital, hard copy, written and verbal information and materials and their underlying principles as provided before, during or after Institute Offerings, including attachments, written material, ideas, concepts, images, diagrams and videos (collectively “Institute Content”)
C. How can inappropriate or unauthorised use be a breach of the law? Inappropriate or unauthorised use of Institute content is unethical. It is also legally dangerous.Reports about inappropriate teaching, researching or misappropriating and misleading use of Institute Content come from many sources. Those attending a Foundation course report being shown Watson Headache® techniques differently by practitioners who have previously attended a Level 1 Foundation, Level 2 Consolidation, and Level 3 Certification course. Secondly, people living with Cevicogenic and Primary Headache and associated conditions report their disappointment with the treatment provided by a practitioner who claims to “know” about the “Watson Headache® Approach”. However, when contacted by us we discover these practitioners were not directly taught by the Institute. Further, the public and practitioners report on misleading references to Institute Content in online or offline publications or activities. Furthermore, when viewing the website www.WatsonHeadache.com, people living with Cervicogenic and Primary Headache develop an expectation as to how their Cervicogenic or Primary Headache and associated conditions will be managed and have reported management outside the scope of the Watson Headache® Approach. Should a practitioner choose to include another modality this should be stated clearly, and in detail, leaving no room for confusion or doubt.
D. What laws apply to the Institute’s Content?The Institute’s legal rights, title and interest are effective worldwide under contract law and intellectual property law (which includes copyright, confidential information, trade marks and domain law policies) enforceable under international conventions and policies applicable to domain names and use of social media.
E. Who must comply with these Conditions of Use?
- Practitioners: The Watson Headache® Approach is not just a series of techniques. It incorporates a distinctive clinical reasoning process taught to practitioners in structured learning during courses. What you learn from Institute Content is for you as a practitioner in your clinical context to support people living with Cervicogenic and Primary Headache and associated conditions, not in job roles comparable to that of a teacher, lecturer, tutor, researcher, trainer, mentor, coach, facilitator, curriculum or program developer (collectively, “Educators”).
- Educators: Practitioners and educators are not created equal. What the Institute teaches and how it teaches is the result of 33 years, comprising over 40,000 hours of clinical experience helping people living with Cercicogenic and Primaey Headache and associated conditions, and recent ground-breaking research. To ensure accurate delivery of services, the Institute trains Educators authorised to teach the Watson Headache® Assessment and Management (Watson Headache® Approach or protocol). For Educators, achieving the necessary standards involves a structured and comprehensive Educator training program incorporating the Clinical Facilitator and Educator Programs with associated permissions.
- Researchers: For researchers, any research involving or investigating the Institute Content, specifically the Watson Headache® Approach or protocol, needs to be sanctioned by the Institute to ensure those collecting data have achieved a satisfactory level of clinical competency and that the research design and methodology is appropriate.
Operative Provisions:
You will be taken to have accepted these Conditions of Use by: (a) acknowledgment at the time of an online registration (or before on acceptance of the Terms and Conditions of the Watson Headache Institute on its website); (b) signing at the commencement of an offline course; or (c) by accessing or using the following websites or associated social media platforms to buy, register or conduct other transaction activities www.DeanWatson.com, www.WatsonHeadache.com, www.WatsonHeadacheInstitute.com or www.WatsonHeadacheApproach.com.
Incorporated into these Conditions of Use by reference are the Institute’s Intellectual Property Notice, IP User Manual, Marketing Permission Given to Course Attendees, Permission Agreement to Use the Name and Charter for Use of Content.
1. Intellectual Property: You accept that the “Intellectual Property Notice” for Institute Content specifies limitations and prohibitions including the use of registered and unregistered (Common Law) trade marks of the Institute. A copy of that Notice is provided in course manuals for reference by course participants for their use in Clinical Practice, not as educators or Researchers.
2. Marketing:You must at all times:
- comply with the Institute’s IP User Manual;
- not use the Institute’s trade marks as part or whole of your practice’s domain name;
- ensure you link or tag any online reference made by you using Watson Headache®, Watson Headache® Approach, Watson Headache® Institute or Dr Dean Watson PhD to www.WatsonHeadache.com, @WatsonHeadache (Instagram), @WatsonHeadacheInstitute (Facebook) or @DeanHWatson (LinkedIn);
- make no unauthorised association with the Institute in online or offline marketing (including but not limited to bios, brochures, website, social media, blog posts or videos) except as a credit alongside the name of an individual as a Practitioner – never with a practice, company or organisation with which that individual is affiliated as a Practitioner, and never as an Educator or Researcher;
- comply with the Charter for Use of Contentand with the permitted form of statement specified in Marketing Permission Given to Course Attendees (Level 1 Foundation, Level 2 Consolidation and Level 3 Certification) alongside the individual who attended the specified course and never with a practice;
- except when you have successfully completed a Certification course (see Permission Agreement to Use the Name – Watson Headache® Certified Practitioner) or Clinical Facilitator and Educator Programs (see Permission Agreement to Use the Name – Watson Headache® Clinical Facilitator or Watson Headache® Clinical Educator) you may only use the name Watson or Watson Headache® in a title alongside your name to confirm your attendance at a course by the Institute eg. Watson Headache® Institute Level 1 Foundation Course Attendee if you have attended this course or Watson Headache® Institute Level 1 Foundation and Level 2 Consolidation Course Attendee when you have attended both courses or Watson Headache® Institute Level 1 Foundation, Level 2 Consolidation and Level 3 Certification Course Attendee when you have attended all three courses. Watson Headache® Institute Level 1 Foundation, Level 2 Consolidation Level 3 Certification and Level 4 Facilitation Course Attendee when you have attended all four courses. You may not refer to yourself with a self-appointed tile, for example (but not limited to these examples), a Watson Accredited/Watson Headache® Accredited, Watson Practitioner/Watson Headache® Practitioner, Watson Level 1 Foundation or Level 2 Consolidation Practitioner/Watson Headache® Level 1 Foundation or Level 2 Consolidation Practitioner, Watson Level 1 Foundation or Level 2 Consolidation Practitioner Certified/Watson Headache® Level 1 Foundation or Level 2 Consolidation Practitioner Certified, or Specialised Watson Practitioner/Specialised Watson Headache® Practitioner;
- not represent the Watson Headache® Approach or protocol alongside or combined with other modalities, approaches and medical devices; and
- not represent Watson Headache®, Watson Headache® Approach, Watson Headache® Institute or Dr Dean Watson PhD alongside or combined with pricing of the goods and services of an individual, practice, company or organisation.
- include the following disclaimer in your marketing and communications materials (including but not limited to your website, social media profile and brochures): “This is not a publication of Watson Headache® Institute Pty Ltd. Watson Headache® Institute is not responsible for any clinical decision and treatment given or fees charged by any course participant or their employer after attending a course or a Watson Headache® Certified Practitioner in his or her private practice or place of employment.”
3. Misleading, Non-compliant or Unauthorised Affiliation: Use contrary to clause2 or other non-compliant use by you of the Watson Headache®, Watson Headache® Approach, Watson Headache® Institute or Dr Dean Watson PhD will be taken as unauthorised commercial endorsement, affiliation or association.
In your online and offline marketing and communications, the Institute requires strict compliance with its conditions set out in this Conditions of Use and other Institute legal documents. With compliance, you will avoid misrepresentation, misappropriation or misleading statements about affiliation with the Institute. You will also not then breach passing off law, trade practices law, fair trading law and the Institute’s intellectual property (which includes copyright, confidential information, trade marks and domain law policies).
You must not claim any part of Institute Content or the Watson Headache® Approach or protocol as your own. This includes renaming or rebranding under another name. All reference to the Watson Headache® Clinic is prohibited.
Avoid creating your own terminology, definition, approach, diagram, illustration or paraphrase about the Institute, the Watson Headache® Approach or your use of it in your practice for example, a brochure, website, social media, blog post or video titled with your name or the name of your clinic. Sourcing or referencing Watson Headache®, Watson Headache® Approach, Watson Headache® Institute or Dr Dean Watson PhD in your marketing and communications does not remedy non-compliant material or use.
4. Unlawful, Unconscionable or Unethical Action: You: (a) acknowledge that the Watson Headache® Institute has all legal rights, title and interest to its goodwill, reputation, copyright work (includes publications, text, images and video), name, brands, registered and unregistered trade marks, domain names or other intellectual property; (b) acknowledge that such legal rights, title and interest includes as regards the use of Institute Content and the Institute’s name, brands, registered and unregistered trade marks, or domain names with any entity, service, product, website or social media; (c) acknowledge you will not register or use any domain names, sub-domains, meta tags, meta names, meta descriptions, keywords, social media handles or social media presence that unlawfully, unconscionably or unethically trades off the Institute’s goodwill or reputation or makes any false or misleading claim to affiliation, sponsorship or approval by the Institute; and (d) where a course, symposium or event is designed for online and individual viewing, only the person who registered and paid, for the purpose of continuing professional development, may do so, and are prohibited from undertaking any activity, in any country, that would breach the Intellectual Property and Copyright rights of the Institute along with the Institute’s operative provisions. For example you agree not to (i) share your unique login details, (ii) view the Course content with, including but not limited to, other individual/s or group/s, friends, family or colleagues, in any setting including homes, private practice/s, lecture theatre/s hospital/s or university department/s, (iii) use the Course content for any purpose, including in-servicing staff, teaching, lecturing, researching, training, mentoring, coaching, facilitating or for curriculum or program development and (iv) copy, display, sell, resell, transfer, distribute, publish, reproduce, duplicate, create derivative works, or exploit for commercial purpose or gain any of the Course content.
5. Disclaimer: By registering to participate in Institute Offerings you affirm that you – (i) hold a qualification as one of the following health professionals: Physiotherapist, Osteopath, Chiropractor or Manual Therapy Doctor (collectively, “Manual Therapists”) and note that the Institute will not be held liable for anyone who undertakes Institute Offerings who does not fit these criteria; (ii) are currently regulated by a respected professional regulatory body; (iii) operate within the scope of practice determined by your respective professional regulatory body; (iv) possess up-to-date professional indemnity insurance; (v) must independently ensure eligibility to pursue this Continuing Professional Development (CPD) training in accordance with your jurisdiction’s applicable local law and regulations; (vi) understand that Offerings are designed in Australia for Continuing Professional Development (CPD) purposes; (vii) acknowledge Offerings are hosted by the Institute in Australia unless advised otherwise; (viii) certificates issued after each Offering signify attendance and do not indicate a level of competency; (ix) assume full responsibility for applying your acquired knowledge in your professional practice; and (x) the Institute disclaims any liability for malpractice or client complaints in any and all jurisdictions against those who undergo Institute training.
6. Teaching: Accepting that you are not a Watson Headache® Educator, you acknowledge that Institute Content is only for your clinical use as a Practitioner. You agree to not teach, lecture, tutor, mentor, coach or use for teaching, lecturing, tutoring, mentoring, facilitating or coaching purposes, any Institute Content at any time in any country without obtaining prior express permission from the Institute. You also agree to not use Institute Content as a researcher or curriculum or program developer, except with prior written permission.
7. Research: You acknowledge and will use professional referencing protocols when referring to Institute Content or research undertaken by any person(s) associated with the Institute, and that you will otherwise comply with the Charter for Use of Content.
8. Copying, Supplying or Adapting: You must not make, supply or adapt or permit others to make, supply or adapt any copy, part, version or modification of Institute Content in any manner or for any purpose whatsoever except as permitted in writing by the Institute. You must not develop any work adapting, encapsulating, reproducing, based on or derived from Institute Content, including images to portray or represent Institute Content in any media.
9. Solicitation: Except for the referral of patients to other practitioners, you accept that you are prohibited by this agreement/policy/document, as well as by privacy, copyright and confidential information law, from soliciting, copying or using the names, contact details or personal information of any program registrant, course attendee, Certified Practitioner, their affiliated company, business or staff.
10. Release for Exercises: You acknowledge that in Institute training courses it is your responsibility to decline to have any particular techniques performed on you if you have any conditions that may predispose you to pain or suffering in response to participation in this course. You acknowledge that the training involves “obvious risk” under section 5F of the Civil Liability Act 2002 (NSW).
11. Release for Recordings: You grant to the Institute and its licensees and assign permission to record you (picture, voice and/or performance) on audio-visual media (including photographs, video and digital media) and use them in all countries with your name, likeness, voice and affiliation information for educational, marketing and commercial purposes.
12. Events: This clause relates to offline and online events (including courses, seminars and symposia) held by the Institute or in collaboration with other organisations.
a. (Cancellation by you) Event registration cancellation by you must be in writing. If you cancel, substitute delegates are welcome provided details are communicated in writing. The date of cancellation is the date the Institute receives written notice. Cancellations made on or before fourteen (14) days prior to an event will receive a full refund. Cancellations made from fourteen (14) days before, and up to the start of an event, will receive a partial refund, ie the course registration fee less a twenty-five percent (25%) cancellation fee. Once an event starts no refund will be made.
b. (Cancellation by Institute) The Institute reserves the right to cancel or reschedule an event to an alternative date, location or venue. The Institute will refund event attendance payments (eg course registration fee) received in full satisfaction of all of its liabilities if any such changes of date, location or venue does not suit you. Once such a changed event starts no refund (eg of the registration fee) will be made. For such a changed event no refund is given for your or any travel, accommodation, meals and related expenses. If you are travelling nationally or internationally to attend an event, please consider purchasing appropriate travel insurance.
c. (Change by Institute to Delivery Format) The Institute may at its discretion change the mode of event delivery. For example, an event may change from delivery offline to online, or combine online and offline formats. If a change of format does not suit you, a refund of event attendance payments (eg course registration fee) will be made on written request if notice is received by the Institute before the start of the event.
d. (Accidents) The Institute expects behaviour at events to be safe and responsible and accepts no responsibility in the event of death, damage, injury, theft or loss (including financial or of goods) of any kind arising from mishaps, accidents, misbehaviour (including defamation or disparaging comments) or negligence.
e. (Payments) If you fail to meet financial obligations in a timely manner the Institute may terminate your event registration without notice and without obligation to refund any money previously paid.
f. (Charges) Event prices are based on exchange rates and charges at the time of writing. If the price changes, we will ask you to confirm your wish to proceed at the altered price before further processing your payment or registration.
13. Privacy: (Demonstration Patients and Course Participants)You acknowledge and will respect and protect the personal information of people attending an Institute course, program, webinar or event.
(Yours) You give permission for your personal information to be used in the Institute’s databases, directories, listings, web and digital media applications to communicate with you, promote you, indicate your affiliation with the Institute, complete transactions and keep you up to date with Institute Content. You may unsubscribe at any time using the “Unsubscribe” option in the communication sent to you.
14. Indemnity: Without limitation to any other remedy, as a separate, additional and severable liability, you irrevocably indemnify and must at all times keep indemnified Watson Headache® Institute, its related bodies corporate, officers and employees from all demands, claims, actions, proceedings, settlements, liability, accidents, events, acts, omissions, expenses, death, bodily injury, disability, sickness, disease, damages, costs and loss of any type (including legal and accounting costs and disbursements on a full indemnity basis) suffered or incurred by Watson Headache® Institute (directly or indirectly) as a result of or arising from the breach (by commission or omission) of this Agreement by you or any wilful, unlawful or negligent act or omission by you or any related bodies corporate, trust or person for whose acts or omissions you are vicariously liable in connection with this Agreement.
15. Remedy: You agree on notice to you to immediately remedy any non-compliance by you with these Conditions of Use.
16. Survival of Obligations: You are bound by these Conditions of Use at all times, including in the use of Institute Content by you, or by those authorised by you or under your power or control (including employees, independent contractors, contractors, partners, directors, assigns or agents).
17. Transfer: The Institute may assign, sub-contract or otherwise transfer this Agreement but you may not.
18. Termination: If you breach this Agreement the Institute may immediately terminate this Agreement. Termination will automatically terminate any of the following given to you – Marketing Permission Given to Course Attendees and Permissions Agreement for Use of Name.
19. Governing Law: These Conditions of Use must be interpreted and governed by the laws of the state of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to this Agreement it will be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
Accepted as an agreement on the date below:
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* Personal email & phone are preferred, as work details change more often.
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Watson Headache® – Revised 1st March 2024