It is important that we all maintain a professional service and to help this happen we have created this Calmologist agreement so set our clear guidelines and avoid confusion. Please read carefully. You must read and submit this agreement to us BEFORE graduating and beginning any professional (paid or non-paid) work as a Calmologist. By signing and submitting this Calmologist Agreement you are agreeing that you understand what is required by you to operate as a Calmologist (also see Code of Conduct). Subject to the exceptions set out under this agreement, you are also waiving all rights to compensation in case of mental, emotional or physical injury – to yourself and any third party – when sharing and using the Calmology principles and techniques taught by SANDY C. NEWBIGGING, YOUR TRAINER, THE CALM ACADEMY and SUTRATMAN LTD.
We appreciate your understanding that legal language is used. Thank you for helping us to maintain a professional service.
GUIDELINES FOR USING THE BRANDS
In the following guidelines and agreement 'you' refers to the 'Calmologist'. *The term ‘Calmology’ also includes the Mind Calm, Body Calm, Calm Cure and Mind Detox techniques and brands along with the other principles and techniques taught during the Calmologist certification course. By training and qualifying as a ‘Calmologist’, Sandy C. Newbigging gives you permission to use and share his Calmology principles and techniques. You are allowed to promote Calmology in accordance to the following guidelines:
Whenever referring to ‘Calmology’ in all forms of marketing, including but not limited to: websites, brochures, newsletters, flyers and all other media, I am allowed to refer to myself as a “Calmologist trained by Sandy C. Newbigging”. If it is not practical for me to use the above statement in full, for example, on website section titles, I must refer to the full name within the first 2 paragraphs. It is important to refer to the practice as ‘Calmology created by Sandy C. Newbigging’ and yourself as a ‘Calmologist trained by Sandy C. Newbigging’. Doing so will limit the possibility of the brand being diluted or defaced by people not trained and qualified by Sandy C. Newbigging in the same ‘Calmology’ principles and techniques that you have been trained and qualified in by Sandy C. Newbigging.)
I am not allowed to state or imply that I created ‘Calmology’.
I do not own the Calmology, Calmologist, Mind Calm, Body Calm, Calm Cure or Mind Detox brands. I am solely given permission to coach or run courses in ‘Calmology’ and use the ‘Calmology’ brand to help promote my business.
I understand that Sandy C. Newbigging has the right to withdraw my permission to use the Calmology brand if he finds evidence to suggest I am acting in any way that could damage the brand. If such a situation occurs, I will receive a written ‘warning’ (by email or letter) stating the reasons for Sandy C. Newbigging’s concerns. I will then have 30 days to respond and/or make the recommended changes. If I do not comply within the 30 day period, then I will receive written confirmation that my qualification has been withdrawn, along with my permission to use the brand. (Sandy C. Newbigging and The Calm Academy obviously hopes this never happens, but want to be clear from the start and wishes you every success in working with others using ‘Calmology’.)
COMPANY TRADING NAMES
With regards to the trading name I operate under, I understand that I am not permitted to use any of the following: ‘Calmology’ Mind Calm, Body Calm, Soul Calm, Corporate Calm, Calm Corporate, Calm Kids, Calm Teens, The Calm Academy, The Calm College, The Calm School or any other name(s) that may state or imply that I created the ‘Calmology’ or own the brand names which have been created and registered by Sandy C. Newbigging.
(As a general rule, it is often in your best marketing interest to trade under your own name (for example, 'Sarah Smith' or 'Sarah Smith Coaching', Sarah Smith Ltd / Inc etc.) and advertise Mind Calm or Body Calm etc. as the technique(s) that you use and offer. This allows you to more easily expand your business in the future.)
I take full responsibility for how I advertise ‘Calmology’ to prospective clients and shall ensure that I do not do anything to bring the ‘Calmology’ and/or SANDY C. NEWBIGGING into disrepute or tarnish or detrimentally affect its and/or their reputation and goodwill. I understand that although ‘Calmology’ has been linked with people experiencing physical healings, it is important to be clear that no claims are ever made that ‘Calmology’ can heal. Instead, ‘Calmology’ is a way to help people to reduce stress be meditating regularly and experiencing more inner calm in relation to their past, present and future. In short, ‘Calmology’ is a system for stressing less and experiencing more inner peace.
I understand that to be listed operate as a Calmologist trained by SANDY C. NEWBIGGING / THE CALM ACADEMY I must be professionally insured. I confirm that I currently have up-to-date Personal Indemnity Insurance that states ‘Calmology’ as one of the ‘therapies’ or 'coaching' services I practice professionally and I undertake on request to send SANDY NEWBIGGING / THE CALM ACADEMY an electronically scanned copy of such insurance policy evidencing that my Personal Indemnity Insurance is in force. It is my responsibility to keep my insurance policy up-to-date and notify SANDY C. NEWBIGGING / THE CALM ACADEMY immediately in writing (email or letter) if I ever become uninsured.
I confirm that I have been completely honest relating to all work submitted when qualifying as a Calmologist. I confirm that all of the case studies took place and I accurately recorded the case notes of each client.
CLIENT CASE NOTES
I understand that it is important to take full and proper client notes when undertaking Calmologist services. Guidelines for taking Case Notes are available upon request from SANDY C. NEWBIGGING (and they follow the same structure as the Case Study Submission guidelines explained throughout the training course). I understand it is my responsibility to keep all client case notes for the duration of time required by my Insurance Company, which may be up to and exceeding 5 years. I must also undertake and keep evidence of my initial consultation, which shows due diligence was taken to ensure Calmology is the correct service for the client. I understand that my client case notes, evidence of the initial consultation taking place and dates of any client-facing work will be required if ever legal proceedings are raised against me. So it’s important I keep clear notes.
THE USE OF OTHER TECHNIQUES
I understand that if I need to deviate from using Calmology by using a different form of therapy or meditation or any other intervention or technique, I will ensure the client is aware of the alternative method they experienced during the consultation with me. This helps to ensure people are clear what Calmology is and avoids any confusion within the market place.
I understand that using ‘Calmology’ is completely voluntary, under my own free will and at my own risk. I also understand that no assurance guaranteeing my safety is being made and I agree to hold SANDY C. NEWBIGGING, SUTRATMAN LTD, MINDBODYCO LTD, THE CALM ACADEMY, the sponsors, facilitators, organisers and property owners completely harmless of all liability if I sustain any injury (except for any injury which is caused by SANDY C. NEWBIGGING’s negligence or fraud or the negligence or fraud of any other party listed above). By agreeing to this waiver, I agree to assume full responsibility for any injury or injuries, physical, emotional and mental, that I may sustain when using ‘Calmology’ which is not caused by SANDY C. NEWBIGGING’s negligence or fraud (or the negligence or fraud of any other party listed above).
I also take full responsibility for any injury or injuries, physical, emotional and mental,that may be sustained by any third party as a result of me using ‘Calmology’ with them. I agree to hold SANDY NEWBIGGING, SUTRATMAN LTD, MINDBODYCO LTD, THE CALM ACADEMY, MIND DETOX ACADEMY, the sponsors, facilitators, organisers and property owners completely harmless of all liability, save for any such injuries which are caused by SANDY C. NEWBIGGING’s negligence or fraud (or the negligence or fraud of any other party listed above) if any third party sustains any injury as a result of me using Mind Calm Meditation (MCM), in a personal or professional capacity.
I also understand that SANDY C. NEWBIGGING (et al) shall not be liable to me, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss sustained by me or any third party arising under, or in connection with, me practising the Mind Calm Meditation. However, nothing in this Disclaimer shall limit or exclude SANDY C. NEWBIGGING’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
REMOVAL FROM WEBSITE(S)
I understand that SANDY C. NEWBIGGING reserves the right to remove me from his website(s) at any time without notice if he decides to stop offering the Coach Finder service or if he deems it no longer appropriate to recommend my services. I understand it is my responsibility to inform SANDY C. NEWBIGGING immediately in writing if I am no longer offering ‘Calmology’ to people in either a personal or professional capacity so that he can remove me from the WEBSITES.
GOVERNING LAW AND JURSIDICTION
I understand that any dispute or claim arising out of or in connection with ‘Calmology’ or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. I irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
I acknowledge that this Calmologist Agreement together with the disclaimer form signed by me at the commencement of my training (see “Policies”) constitute the whole agreement between me and SANDY C. NEWBIGGING . I also acknowledge that, in entering into this Calmologist Agreement, I have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement or the Disclaimer Form.
My ‘signature’ below indicates that I have read and understand everything contained in this Calmologist Agreement, that I agree not to bring any suit for damages, regardless of whether or not negligence can be demonstrated, and that I am releasing all parties from any damages whatsoever.