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

Danielle Collins Ltd, a company incorporated in England and Wales with company number 09968447 and registered office at Office 301, 3 Edgar Buildings, George Street, Bath, BA1 2FJ, 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.

 

1. COMMENCEMENT:

This Agreement commences on the date of payment for the Teacher Training by the
Delegate and terminates on any of the conditions detailed in Section 9 Termination.

2. TEACHER TRAINING PROVIDED BY THE SUPER TRAINER

2.1 The Super Trainer will provide the Delegate with either;

(i) Marking of written assessment sent by email followed by a thirty minute video call to
include up to twenty minutes discussing any questions the Delegate may wish to ask plus a
ten minute practical assessment of the teacher training in The Danielle Collins Face Yoga
Method at a time agreed by both Super Trainer and Delegate (“the Teacher Training”), when
the Delegate has purchased Distance Learning,

OR

(ii) Twelve hours of teacher training in The Danielle Collins Face Yoga Method at a time and
location agreed by both Super Trainer and Delegate (“the Teacher Training”), when the
Delegate has purchased Group Training,

OR

(iii) Seven hours of teacher training in The Danielle Collins Face Yoga Method at a time
agreed by both Super Trainer and Delegate either via video call or in person (“the Teacher
Training”), when the Delegate has purchased One-to-One Training,

2.2 The Super Trainer will provide the Delegate with The Danielle Collins Face Yoga Method
Course at the start of the Teacher Training.

2.3 Upon successful completion of the Teacher Training, including meeting the required
standard in a written and practical assessment, the Delegate will receive;

2.3.1 The Certificate of Achievement in The Danielle Collins Face Yoga Method;
2.3.2 a listing in the Company’s teacher directory on the Company’s website;
2.3.3 The Danielle Collins Face Yoga Method logo for use in their marketing activities,
including their website.

3. FACE YOGA PRODUCTS/SERVICES PROVIDED BY THE DELEGATE

3.1 On completion of the Teacher Training and for the duration of this agreement, the Delegate will be entitled to teach, whether to individuals or groups, whether as a dedicated Face Yoga session or as part of another therapy/session, whether in person or online and whether as a stand alone product/service, The Danielle Collins Face Yoga Method to members of the public for their personal use (“Face Yoga Products/Services”). For stand
alone products/services, the Delegate must write their own text (except where this is not reasonable in the description of a technique) and use their own images.

3.2 The Delegate can use The Danielle Collins Face Yoga Method name and logo in their
marketing activities and on any of their Face Yoga Products/Services containing techniques
from The Danielle Collins Face Yoga Method, and where a Face Yoga Product/Service
contains techniques from another source as well then it must be clear which techniques are
from The Danielle Collins Face Yoga Method if the name and logo are used.

3.3 The Delegate agrees that their Face Yoga Products/Services can be checked by the
Company at any time. Should any Face Yoga 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 Face Yoga 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 Teacher Training, and performing or creating the Face Yoga
Products/Services thereafter. Any material misrepresentation shall give the Company the
right to terminate this agreement.

4. PAYMENT OF TEACHER LICENCE

4.1 The Delegate can book their attendance on the Teacher Training provided by the Super
Trainer by paying either;

(i) £595.00 for the Distance Learning Training via video call;

OR

(ii) £595.00 for the Group Training either via video call or in person;

OR

(iii) £695.00 for One-to-One Training either via video call or in person;

4.2 The Delegate agrees to pay the Super Trainer the Teacher Licence Fee in full for the
Teacher Training, at least one calendar month before the start date of the Teacher Training
for Group Training or One-to-One Training. Distance Learning Training starts immediately on
full payment. If this Teacher Licence Fee is not paid in full by this date then, at the Super Trainer’s decision, the Delegate may not be allowed to attend the Teacher Training. If the
Delegate has to be re-scheduled on to another Teacher Training course, less than seven
days before the original course date, through no fault of the Super Trainer, then the Super
Trainer can redeem costs up to the total amount of £100 at the Super Trainer’s discretion.

4.3 The Teacher Licence Fee is non-refundable following the start of the Delegate’s
attendance on the Teacher Training.

4.4 The payment of the Teacher Licence Fee, together with the successful completion of the
Teacher Training, as determined by the Super Trainer, will entitle the Delegate to provide
Face Yoga Products/Services in The Danielle Collins Face Yoga Method for the duration of
this agreement.

5. CONFIDENTIALITY:

5.1. The Delegate agrees to keep all contents of The Danielle Collins Face Yoga Method
Manual confidential apart from the contents which are intended to be shared and distributed
as part of the Face Yoga 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 Danielle Collins Face Yoga Method 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 Danielle Collins Face Yoga Method, however as stated in 3.1, the
Delegate can perform and/or create Face Yoga Products/Services and the Delegate owns
the copyright and Intellectual Property of their Face Yoga 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 Face Yoga
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 Company’s 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, without the written agreement of the Company. The Delegate is entitled to
resell the Company's products and provide Face Yoga Products/Services to individuals or
groups for their own use which can include Face Yoga 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.

7.6 The Delegate hereby warrants that they accept the following waiver with regard to
carrying out the Face Yoga techniques themselves; Always work to your own level with all
Face Yoga techniques and immediately stop any techniques that do not feel comfortable for
you. Please always check with a doctor before commencing Face Yoga if you suffer from
any medical or skin conditions. All information and techniques provided by or via The
Danielle Collins Face Yoga Method is not intended to diagnose, treat, cure or prevent
disease so please contact a medical practitioner if you have any medical conditions.

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 Face Yoga
Products/Services to clients and must return all materials used during the Teacher Training
including, but not limited to, The Danielle Collins Face Yoga Method Manual and any notes
made about the Teacher Training. The Company will remove the Delegate’s listing in the
teacher directory on Company's website. If this agreement is terminated during the Teacher
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. 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 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.

End of Agreement