THIS MENTOR LEGAL AGREEMENT is entered into by and between ___________________ (hereafter referred to as “Mentor”) and Teaching Self-Government LLC, a Utah limited liability company (“TSG”), whose principal place of business is 302 W 730 S Tooele Utah 84074, United States.
Term and Termination
This agreement shall remain in full force and effect for as long as Mentor is certified as defined below provided, however, TSG may terminate this Agreement and revoke Mentor’s certification if Mentor violates any of the terms and conditions of this Agreement or fails to utilize the Teaching Self-Government Program, in strict compliance with the TSG’s training and Training Materials.
TSG will train Mentor with regard to TSG’s Teaching Self-Government Program and related materials, which includes certain ideas, philosophy, skills, teachings, techniques, know-how, methods relating to self-government principles, and a particular method for presenting such materials in group settings. Upon successful completion of Mentor’s training, and in the sole discretion of TSG, TSG will issue to Mentor a certification indicating that Mentor has completed the Teaching Self-Government certification program. Upon obtaining the certificate, and for so long as Mentor’s Certification remains current, Mentor may solicit opportunities to teach or share the Teaching Self-Government Program with others. Mentor’s Certification does not permit or authorize Mentor to “train” or “certify” any “trainers” or “mentors” or issue ANY certification for the Teaching Self-Government Program.
Mentor understands and agrees that the Certification is not a legal license to practice therapy or counseling for individuals or families and agrees not to utilize the Certification for any purpose that violates any applicable law, regulation, or licensing requirement or that has not been expressly and specifically approved in writing by TSG.
The Certification expires yearly. An annual re-certification fee of $250 is required as well as attendance at a minimum of 50% of the continuing education for mentors offered by TSG. The $250 annual fee includes the following as determined by and in the sole discretion of TSG: Yearly TSG Support Group access, live mentor group calls, website access to mentor materials, special pricing on products and materials, and other mentor help services offered by TSG.
Mentor is not an official TSG representative or agent of TSG and thus may not make any decisions, claims, or any other statements on behalf of TSG. Mentor is authorized to teach the material provided by TSG, which Mentor may not modify or change, which material includes, but is not limited to philosophy, skills, teachings, etc, unless specifically authorized by TSG in writing to do so. Before speaking at a conference or event where Mentor will be providing instruction or teaching the Teaching Self-Government Program, Mentor must have a current Certification and receive prior written approval from TSG.
When Mentor is teaching or working with any third parties, Mentor shall be solely liable for all claims made by such third parties and shall, at Mentor’s own expense, indemnify, defend and hold TSG, and its managers, directors, members, officers, employees, agents harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable attorney’s fees) incurred in connection with any claims that are made by such third parties. Mentor shall promptly notify TSG in writing of any third party claim.
Mentor is not an employee, agent or representative of TSG. Mentor’s compensation will come from Mentor’s organization of courses and the sale of materials and other trainings. TSG will retain $50 of each admission fee generated from Mentor’s organized training events unless otherwise agreed to in writing by TSG. Other potential options for compensation may be available, authorized or approved at TSG’s sole discretion.
Materials and Advertising
All TSG Materials are copyrights of TSG and therefore cannot be repackaged, renamed, or otherwise changed in any way without TSG’s prior written approval.
In all teaching in which Mentor is engaged, Mentor shall retain the Teaching Self-Government name on all of the Training Materials, and shall use TSG’s approved materials with all third parties for whom the training is offered. Mentor shall not create or disburse new or additional materials without TSG’s prior written approval.
Mentor acknowledges and agrees that TSG is not responsible for any external non-TSG resources utilized by Mentor, and does not endorse any advertising, products or other materials on or available from resources offered outside of the Teaching Self-Government website. Before distributing any such materials, Mentor must obtain TSG’s approval.
Limitation of Liability
MENTOR EXPRESSLY UNDERSTANDS AND AGREES THAT TSG, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO MENTOR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY MENTOR, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
Mentor agrees not to directly or indirectly compete with TSG or be connected as a manager, director, officer, member, shareholder, partner, joint venture, employee, consultant, of any entity that is engaged in a business that competes with TSG or otherwise engage in any business that uses any information obtained from TSG to compete with or cause injury to TSG, without the express written consent of TSG.
General Legal Terms
Mentor agrees that its relationship with TSG under this Agreement, shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. Mentor and TSG agree to submit any disagreement that cannot be resolved among themselves to mediation prior to filing any lawsuits. In the event that mediation does not resolve the issues between them, the parties agree to submit to the exclusive jurisdiction of the state courts located within Salt Lake City, Utah to resolve any legal matter arising from this Agreement. Notwithstanding this, Mentor agrees to declaratory relief or injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Mentor acknowledges and agrees that (a) a breach or threatened breach by Mentor of any of his or her obligations under this Agreement would give rise to irreparable harm to TSG for which monetary damages would not be an adequate remedy and (b) if a breach or a threatened breach by Mentor of any such obligations occurs, TSG will, in addition to any and all other rights and remedies that may be available to it, be entitled to equitable relief without any requirement to post a bond or other security.
Mentor may not assign any rights or obligations under this Agreement. Certification is non-transferable or assignable. Meaning Mentor may not assign any rights under this Agreement or delegate someone else to teach in your stead. Others who wish to be certified must be trained and certified by TSG.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may also be executed by facsimile signature.