Delegates terms and conditions:
THE PARTIES TO THIS AGREEMENT ARE:
You as the person receiving the training (hereinafter referred to as “the Delegate”) AND The person delivering the training to the Delegate (hereinafter referred to as “the Super Trainer”) AND HAYO’U LIMITED, a company incorporated in England and Wales with company number 08651099 and of registered office at 59 Longlands Court, Westbourne Grove, London W11 2QF, United Kingdom, (hereinafter referred to as “the Company”).
The Super Trainer and the Delegate shall each be responsible for advising the other party of any changes to his / her personal or company details.
Prior to the commencement of the Facial Gua Sha Therapist Training the delegate confirms that they have a recognised therapist/beauty qualification in order to purchase and complete this course. This includes but is not limited to: CIDESCO, CIBTAC, ITEC, NVQ, VTVC. Please email our team at [email protected] if you hold a different therapist/ beauty qualification.
This Agreement commences on the date of payment for the Therapist Training by the Delegate and terminates on any of the conditions detailed in Section 9 Termination.
2. THERAPIST TRAINING PROVIDED BY THE SUPER TRAINER
2.1 The Super Trainer will provide the Delegate with marking of written assessment sent by email followed by a twenty-minute Skype call to include up to twenty minutes discussing any questions the Delegate may wish to ask about the course or the 30-minute video assessment. Following this call the delegate will be required to submit a 30-minute video assessment. The Super Trainer will then provide the Delegate with marking of practical assessment sent by email.
2.2 The Super Trainer will provide the Delegate with Facial Gua Sha Manual at the start of the Therapist Training as an email attachment.
2.3 Upon successful completion of the Therapist Training, including meeting the required standard in a written and practical assessment, the Delegate will receive;
2.3.1 The Certificate of Achievement in Hayo’u Facial Gua Sha Therapy;
2.3.2 a listing in the directory on the www.hayoumethod.com website;
2.3.3 The Hayo’u logo for use in their marketing activities, including their website.
3. FACIAL GUA SHA PRODUCTS/SERVICES PROVIDED BY THE DELEGATE
3.1 On completion of the Facial Gua Sha Therapist Training and for the duration of this agreement, the Delegate will be entitled to perform Hayo’u Facial Gua Sha techniques on members of the public.
3.2 The Delegate can use the Companies’ name and logo in their marketing activities and on any of their Hayo’u Facial Gua Sha Products/Services containing techniques from the Facial Gua Sha course, and where a Facial Gua Sha Product/Service contains techniques from another source as well then it must be clear which techniques are from the Hayo;u Facial Gua Sha Therapist Course if the Company name and logo is used.
3.3 The Delegate agrees that their Facial Gua Sha Products/Services can be checked by the Company at any time. Should any Facial Gua Sha Products/Services not meet the standards required by the Company, the Delegate will have one opportunity, within a specified time limit agreed by all parties, to amend or re-perform Facial Gua Sha Products/Services to demonstrate that standards required have been met. Failure to meet the required standards, judged solely by a representative of the Company, will result in the Company having the right to terminate this agreement.
3.4 The Delegate warrants that he / she is not violating any other agreement or any law by performing the Facial Gua Sha Therapist Training and performing or creating the Facial Gua Sha Products/Services thereafter. Any material misrepresentation shall give the Company the right to terminate this agreement.
4. PAYMENT OF THERAPIST COURSE
4.1 The Delegate can purchase the Facial Gua Sha Therapist Training by paying £595.00 for the Distance Learning Training with Super Trainer, Katie Blake.
4.2 Distance Learning Training starts immediately on full payment.
4.3 The course Fee is non-refundable following the start of the Delegate’s Facial Gua Sha Therapist Training.
4.4 The payment of the Course Licence Fee, together with the successful completion of the Facial Gua Sha Therapist Training, as determined by the Super Trainer, will entitle the Delegate to provide Facial Gua Sha Products/Services for the duration of this agreement.
5.1. The Delegate agrees to keep all contents of the Facial Gua Sha Therapist Training Course confidential apart from the contents which are intended to be shared and distributed as part of the Facial Gua Sha Products/Services.
5.2. The Delegate consequently agrees that during the period of this agreement and subsequent thereto, the Delegate will not disclose to others or make use of directly or indirectly, any confidential information. If there is any doubt about whether any disclosure or use is for an authorised purpose, the Delegate 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. The Super Trainer 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.
6. OWNERSHIP OF WORK:
6.1 All Copyright and Intellectual Property in the Facial Gua Sha Therapist Training Course are owned by the Company and this agreement, and the business relationship between the Delegate and the Company, will not entitle the Delegate to any ownership of Copyright or Intellectual Property in the Facial Gua Sha Therapist Training Course, however as stated in 3.1, the Delegate can perform and/or create Facial Gua Sha Products/Services and the Delegate owns the copyright and Intellectual Property of their Facial Gua Sha Products/Services providing they have adhered to 3.1.
7. OBLIGATIONS OF THE DELEGATE:
7.1. The Delegate will not be liable to the Super Trainer 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 Delegate or his / her agents.
7.2 The Delegate is solely responsible for the marketing and delivery of their Facial Gua Sha Products/Services to their clients.
7.3 The Delegate agrees, for the period during this agreement and for three years following termination of this agreement, to not carry on any business or venture that is in competition to the Companies’ Facial Gua Sha Therapist Training, or to have any interest with any of the Companies’ employees, customers or suppliers other than in the normal course of business for the Company, without the written agreement of the Company. Upon application and approval of a wholesale agreement the Delegate is entitled to resell the Companies’ products that are available for resell and provide Facial Gua Sha Products/Services to individuals or groups for their own use which can include Facial Gua Sha knowledge and techniques that the Delegate may gain from sources which are not from the Company, providing clause 3.4 is upheld.
7.4 The Delegate 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.
7.5 The Delegate hereby warrants that all of the information provided in connection with this agreement is true and accurate
8. OBLIGATIONS OF THE SUPER TRAINER:
8.1. The Super Trainer acknowledges that timely completion of the services provided by the Super Trainer under this agreement, depends on the co-operation of the Super Trainer to comply with reasonable requests from the Delegate and the Delegate agrees to extend such co-operation.
9. NOTICE OF TERMINATION:
9.1 Upon termination the Delegate will not be permitted to provide Facial Gua Sha Products/Services to clients and must return all materials used during the Facial Gua Sha Therapist Training including, but not limited to, Facial Gua Sha Manual and any notes made about the Facial Gua Sha Therapist Training. The Company will remove the Delegate’s listing in the therapist directory on the hayoumethod.com website. If this agreement is terminated during the Facial Gua Sha Therapist Training then the Super Trainer will not be required to complete the training for the Delegate.
9.2 This agreement will terminate at the written request of the Delegate.
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 or Delegate 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 or Delegate 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 Delegate and the other parties has ended.
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 cancelling 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 all parties;
10.3.3. Signed by all 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.
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 all parties.