The Danielle Collins Face Yoga Method
Super Trainer Training
Terms And Conditions
THE PARTIES TO THIS AGREEMENT ARE:
You as the person receiving the Super Trainer Training (hereinafter referred to as "the Super Trainer")
AND
Danielle Collins Ltd, a company incorporated in England and Wales with company number 09968447 and of registered office at Office 301, 3 Edgar Buildings, George Street, Bath, BA1 2FJ, United Kingdom, (hereinafter referred to as "the Company")
The Company and the Super Trainer shall each be responsible for advising the other party of any changes to his / her personal or company details.
1. COMMENCEMENT:
This Agreement commences on the date of payment of the Super Trainer licence fee and terminates on any of the conditions detailed in Section 9 Termination.
2. SUPER TRAINER TRAINING PROVIDED BY THE COMPANY
2.1 The Company will provide the Super Trainer Training via email and Skype. The Super Trainer Pack (“the Pack”) will be sent by the Company to the Super Trainer within 48 hours of receiving licence fee payment. The Super Trainer agrees to studying the Pack and will email the completed written assignment to the Company at a time of the Super Trainer’s choosing. The Super Trainer agrees to a Skype call of maximum 1 hour to gain feedback on their written assignment and to ask any questions, following the emailing of the written assignment at a time and date agreed by The Company and the Super Trainer. On meeting the required standard as determined by the Company, the Super Trainer's Certificate will be emailed.
2.2 The Super Trainer Pack will contain:
2.2.1 The Super Trainer's manual which is a full, step by step guide to providing Teacher Training to clients/students/delegates (“the Delegates”) to gain The Certificate of Achievement in The Danielle Collins Face Yoga Method.
2.2.2 The Delegate’s Manual to print and bind for every Delegate taking the Teacher Training in person. The Super Trainer agrees that the Delegate’s Manual will not be changed or modified without written agreement from the Company including, but not limited to, translation of the Delegate’s Manual.
2.2.3 A written assignment to be completed by the Super Trainer, which will be emailed to the Company when completed and assessed by the Company.
2.3 The Company will provide:
2.3.1 Support/advice to the Super Trainer via email and Skype. The duration and frequency of these communications will be at the sole discretion of the Company.
2.3.2 Super Trainer listing for the Super Trainer on the teacher directory on www.faceyogaexpert.com.
2.3.3 Teacher listing for all Delegates on www.faceyogaexpert.com who complete the course and had their Teacher licence paid to the Company.
2.4 The Super Trainer agrees to keep all contents of the Pack confidential apart from the contents which are intended to be shared and distributed to the Delegates.
3 TEACHER TRAINING PROVIDED BY THE SUPER TRAINER
3.1 On completion of the Super Trainer Training and for the duration of this agreement, the Super Trainer will be entitled to teach and certify the Delegates in The Certificate of Achievement in The Danielle Collins Face Yoga Method ("the Teacher Training") which in turn entitles these Delegates to teach, whether to individuals or groups, The Danielle Collins Face Yoga Method to members of the public for their personal use. Before receiving the Teacher Training, each of the Super Trainer’s Delegates must agree to the Teacher Training Terms and Conditions which are in addition to this agreement and have been provided to the Super Trainer.
3.2 The Super Trainer agrees to charge £495.00 per Delegate for Distance Learning Teacher Training and carry out the practical assessment during a 30 minute video call (eg. Skype, Facetime) after the Delegate has completed 11 hours of study during which the Super Trainer provides email support to the Delegate. The Super Trainer agrees to charge £495.00 per Delegate for Group Teacher Training and teach the Delegates in groups up to a maximum of 6 Delegates at a time and all delegates will complete the full 12 hours of Teacher Training. The Super Trainer agrees to charge £595.00 per Delegate for One-to-One Teacher Training and will provide 7 hours of Teacher Training One-to-One with the Delegate either in person or via video call (eg. Skype, Facetime) after the Delegate has completed 5 hours of study during which the Super Trainer provides email support to the Delegate. Providing the Teacher Training in any language other than English must be agreed in writing by the Company.
3.3 Delegates who undertake the Group or One-to-One Teacher Training course by physically meeting the Super Trainer and have paid the Teacher Training licence fee in full, will receive a physical copy (not an electronic copy) of the Delegate’s Manual which is to be printed in colour and wire bound at the Super Trainer’s cost. Delegates who undertake the Distance Learning Teacher Training course, or Group or One-to-One Teacher Training via video call, and have paid the Teacher Training licence fee in full, will receive an electronic copy (not a physical copy) of the Delegate’s Manual.
3.4 When providing the Teacher Training to the Delegates, the Super Trainer will always follow the prescribed method of teaching detailed in the Super Trainers Manual including, but not limited to, making reference to the name of the method being taught, namely 'The Danielle Collins Face Yoga Method', at the relevant stages.
3.5 The Super Trainer agrees that Teacher Training not meeting the standards required by the Company will be corrected. The parties agree that the Super Trainer will have at least one opportunity, within a specified time limit agreed by both parties, to re-perform Teacher Training, should any Teacher Training not meet the standards required by the Company, to demonstrate that standards required have been met to the Company's satisfaction. Failure to meet the required standards, judged solely at the Company's discretion, will result in the Company having the right to terminate this agreement.
3.6 The Super Trainer guarantees that he / she is competent to carry out the Teacher Training which he / she has undertaken in this agreement.
3.7 The Super Trainer shall perform the Teacher Training at a location/venue agreed by the Company.
3.8 The Super Trainer warrants that he / she is not violating any other agreement or any law by performing the Teacher Training. Any material misrepresentation shall lead to summary termination of this agreement.
4. PAYMENT:
Super Trainer Licence
4.1 The Super Trainer agrees to pay the Company the licence fee of £350.00 for the Super Trainer Training, seven days before the start date of the Training. If this Training licence fee is not paid by this date then the Training will be rescheduled. This licence fee, together with the successful completion of the Super Trainer Training, as determined by the Company, will entitle the Super Trainer to provide Teacher Training in The Danielle Collins Face Yoga Method for the duration of this agreement.
Teacher Licence
4.2 The Super Trainer agrees to pay the Company the teacher licence fee of £200.00 per Delegate that completes the Teacher Training in a group or one-to-one, and £370.00 per Delegate that completes the Teacher Training via Distance Learning, within seven days of the competition of the Teacher Training. If this Delegate's licence fee is not paid then the Delegate cannot teach The Danielle Collins Face Yoga Method Training and the Delegate will not receive The Certificate of Achievement and will not be listed on the Company's website. If a Delegate from the Super Trainer's Teacher Training is teaching The Danielle Collins Face Yoga Method and the Company has not received a licence fee for the Delegate then the Company has the right to terminate this agreement. It is advisable to pay the Teacher licence before the Teacher Training to avoid delays in the Delegates starting their teaching, receiving their certificate and being listed on the Company website.
Company Processing Delegate's Payment
4.3 If the Company processes a Delegate's payment then the Company agrees to pay the Super Trainer £100 for Distance Learning, £275 for Group Training and £375 for One-to-One Training.
5. CONFIDENTIALITY:
5.1. The Super Trainer acknowledges that during the relationship with the Company, the Super Trainer may become familiar with its confidential information including commercial and technical secrets and / or the confidential information of clients of the Company.
5.2. The Super Trainer consequently agrees that during the period of this agreement and subsequent thereto, the Super Trainer will not disclose to others or make use of directly or indirectly, any confidential information of the Company or confidential information of a client of the Company or of others who have disclosed it to the Company under conditions of confidentiality, unless for a purpose authorized by the Company. If there is any doubt about whether any disclosure or use is for an authorized purpose, the Super Trainer is to obtain a ruling in writing from the Company and is to abide by it.
5.3. The Super Trainer shall take reasonable security precautions to keep confidential all information deemed confidential and shall not make unauthorized copies. He / she further undertakes to notify the Company immediately upon discovery of any unauthorized use or disclosure of confidential material and shall assist the Company in regaining of such material and mitigating the loss to the Company.
5.4. For the purpose of this clause, confidential information will be deemed to extend to all confidential technical and commercial information, including, but not limited to the contents of reports, specifications, quotations, formulae, computer records, client lists, price schedules, customer lists, customers and the like.
5.5. Upon termination of this agreement, the Super Trainer is required to deliver to the Company all books of account, records, correspondence, notes, computer disks, and the like concerning or containing any reference to the business of the Company or the Company's clients.
5.6 Both parties agree the licence fees specified in this agreement are confidential.
6. OWNERSHIP OF WORK:
6.1. All Copyright and Intellectual Property in The Danielle Collins Face Yoga Method are owned by the Company and this agreement, and the business relationship between the Super Trainer and the Company, will not entitle the Super Trainer, to any ownership of Copyright or Intellectual Property in The Danielle Collins Face Yoga Method, however as stated in Clause 3 of the Delegate’s Terms and Conditions, the Super Trainer can perform and/or create Face Yoga Products/Services and the Super Trainer owns the copyright and Intellectual Property of their Face Yoga Products/Services providing they have adhered to Clause 3 of the Delegate’s Terms and Conditions.
7. OBLIGATIONS OF THE SUPER TRAINER:
7.1. The Super Trainer agrees to take full responsibility for declaration of income for tax purposes and for the payment thereof.
7.2. The Super Trainer will not be liable to the Company or its agents or employees for any claim, cost or fees arising from the services provided by this agreement other than the fees specified in section 4, unless any such claims, costs or fees are judged by the appropriate court to be due to willful misconduct or gross negligence on the part of the Super Trainer or his / her agents.
7.3 The Super Trainer is solely responsible for marketing their Teacher Training, receiving payment for the Teacher Training, providing the venue and refreshments for the Teacher Training and for providing all materials.
7.4 The Super Trainer must supply the Company with the following information on each Delegate before the Company will provide the Delegate with their certificate and list the Delegate on the Company’s website, permitting them to start their teaching;
7.4.1 the Delegate’s full name and address;
7.4.2 the Delegate’s company name and address;
7.4.3 the Delegate’s email address;
7.4.4 the Delegate’s phone number;
7.4.5 the Delegate’s website address;
7.4.6 the date and address where the Delegate completed the Teacher Training;
7.5 The Super Trainer agrees, for the period during this agreement and for three years following termination of this agreement, to not carry on Face Yoga teacher training or to have any interest with any of the Company’s employees, customers or suppliers other than in the normal course of business for the Company.
7.6 The Super Trainer agrees that it is their responsibility to have full insurance cover for providing teacher training as specified in this agreement, and understands that The Company’s insurance does not cover the Super Trainer.
7.7 The Super Trainer hereby warrants that they have never been convicted of a criminal offence, and if they are arrested during this agreement then they will inform the Company and agree that this arrest would be a breach of contract.
7.8 The Super Trainer hereby warrants that all of the information provided in connection with this agreement is true and accurate.
8. OBLIGATIONS OF THE COMPANY:
8.1. The Company acknowledges that timely completion of the services provided by the Super Trainer under this agreement, depends on the co-operation of the Company to comply with reasonable requests from the Super Trainer and the Company agrees to extend such co-operation.
9. NOTICE OF TERMINATION:
9.1 Upon termination the Super Trainer will not be permitted to provide Teacher Training to Delegates and must return all materials used in the provision of Teacher Training including, but not limited to, the Pack. The Company will remove the Super Trainer's listing on the Company's website. If this agreement is terminated during the Super Trainer Training then the Company will not be required to complete the training.
9.2 This agreement will terminate at the written request of the Super Trainer.
9.3 This agreement can be terminated by any party if another party is;
9.3.1 in breach of any clause in this agreement;
9.3.2 convicted of a criminal offence;
9.3.3 upon the Super Trainer committing any act of gross misconduct or is guilty of any conduct which may, in the reasonable opinion of the Company, bring the Company into disrepute;
9.3.4 the Super Trainer becomes of unsound mind or a patient within the meaning of the Mental Health Act 1983;
9.4 Upon termination of this contract it is understood that the relationship between the parties has ended.
10. GENERAL:
10.1. This agreement and any exhibit attached constitute the sole and entire agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged express provision not contained herein.
10.2. No party may rely on any representation, which allegedly induced that party to enter into this agreement, unless the representation is recorded herein.
10.3. No agreement varying, adding to, deleting from or canceling this agreement and no waiver of any right under this agreement shall be effective unless it is:
10.3.1. In writing;
10.3.2. Agreed to by both parties;
10.3.3. Signed by both parties.
10.4. Written notice by either party to the other may be given:
10.4.1. In person, and such notice shall be deemed valid on the date of delivery in person.
10.4.2. By registered mail, and such notice shall be deemed valid as of seven days of the proof of mailing date.
10.5. No relaxation by a party of any of its rights in terms of this agreement at any time shall prejudice or be a waiver of its rights (unless it is a written waiver) and it shall be entitled to exercise its rights hereafter as if such relaxation had not taken place.
10.6. No party may cede any of its rights or delegate or assign any of its obligations in terms of this agreement without the prior written consent of the other parties.
10.7. Unless inconsistent with the context, words signifying any one gender shall include the others, words signifying the singular shall include the plural and vice versa and words signifying natural persons shall include artificial persons and vice versa.
10.8. Should any provision of this agreement be judged by an appropriate court of law as invalid, it shall not affect any of the remaining provisions whatsoever.
10.9. The parties agree that any dispute which may arise from this agreement will be referred to an impartial and lawful arbitration body whose decision will be binding upon both parties.
10.10 It is expressly understood and accepted by both parties that this is not an employment agreement and as such the Super Trainer will have no claim to Company benefits or employee considerations, including but not limited to profit sharing, pension, shares or bonuses.
