GRADUATE AGREEMENT
All graduates of the Mind Detox Academy are kindly asked to ‘sign’ this agreement.
INTRODUCTION TO AGREEMENT
This Graduate Agreement sets out clear guidelines for what’s expected when working with, and promoting, the methods taught via the Mind Detox Academy. Please read carefully. You are required to read, ‘sign’ and submit this agreement (found at the bottom of this page) before graduating and beginning any professional work (paid or non-paid).
By signing and submitting this Graduate Agreement you are agreeing that you understand what is required by you to operate (please also see Code of Conduct in the Business Module). 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 principles and techniques taught by SANDY C. NEWBIGGING, YOUR MENTOR, MIND DETOX ACADEMY and CALMCO LTD. We appreciate your understanding that legal language is necessary when such agreements are made.
GUIDELINES FOR USING THE BRANDS
In the following guidelines and agreement 'you' refers to the 'Graduate'. The term ‘Methods’ refers to the Mind Calm, Body Calm, Calm Cure and Mind Detox ‘Methods’, along with any other principles and protocols taught during your course. By training and qualifying with the Mind Detox Academy, Sandy C. Newbigging gives you permission to use and share his principles and methods. You are allowed and encouraged to promote the Methods in accordance to the following guidelines:
Whenever referring to the Methods 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 “[Insert Qualification] trained by Sandy C. Newbigging”. For example, '“Mind Detox Practitioner 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 service as ‘[Insert Method - created by Sandy C. Newbigging’. For example, “Mind Calm - created 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.
I am not allowed to state or imply that I created any of the Methods.
I do not own the the brands - Mind Detox, Mind Calm, Body Calm, Calm Cure, Embodying Exercise, Mind Detox Practitioner, Mind Detox Master Practitioner, Mind Calm Coach, Mind Calm Master Coach, Calmology or Calmologist. I am solely given permission to coach or run courses in the Methods and use the brand names to help promote my business.
I understand that Sandy C. Newbigging has the right to withdraw my permission to use the Methods brand if evidence suggests 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 any 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 Mind Detox Academy obviously hopes this never happens, but want to be clear from the start and wishes you every success in working with others using the Methods.)
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: ‘Mind Detox’, ‘Mind Detox Method’, ‘Mind Detox Monk’, ‘Calmology’, ‘Calmologist’, Mind Calm, Mind Calm Meditation, Body Calm, Body Calm Meditation, Soul Calm, Soul Calm Meditation, Calm Academy, Mind Detox Academy, or any other name(s) that may state or imply that I created the Methods, or own the brand names which have been created by Sandy C. Newbigging.
(It is usually 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 Methods that you use and offer. This allows you to more easily expand your business in the future.)
ETHICAL ADVERTISING
I take full responsibility for how I advertise the Methods to prospective clients and shall ensure that I do not do anything to bring the Methods and/or SANDY C. NEWBIGGING into disrepute or tarnish or detrimentally affect its and/or their reputation and goodwill.
I understand that although the Methods have been linked with people experiencing physical healings, no claims are ever made that the Methods can heal. Instead, the Methods offer a way to help people to reduce stress by cultivating a positive mindset, meditating regularly, and experiencing more acceptance in relation to their past, present and future. In short, the Methods are a system for stressing less and experiencing more inner peace.
With regard to the marketing ‘tagline’ that I use when promoting the Methods (on websites, brochues, etc.), I am aware that I am not permitted to use ‘Cure the Cause’ and/or ‘Master Peace’ - as these are used by Sandy C. Newbigging.
INSURANCE
I understand that to operate as a Graduate trained by SANDY C. NEWBIGGING / MIND DETOX ACADEMY I must be professionally insured. I confirm that I currently have up-to-date Personal Indemnity Insurance that states the Methods as one of the ‘therapies’ or 'coaching' services I practice professionally and I undertake on request to send SANDY NEWBIGGING / MIND DETOX 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 / MIND DETOX ACADEMY immediately in writing (email or letter) if I ever become uninsured.
TRAINING
I confirm that I have been completely honest relating to all work submitted when training and qualifying with MIND DETOX ACADEMY. 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 I must take full and proper client notes when undertaking 1:1 coaching / mentoring / consulting. 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 the Methods are 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 the Methods - 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 the Methods are and avoids any confusion within the market place.
DISCLAIMER
I understand that using the Methods 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, CALMCO LTD, MIND DETOX 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 the Methods, 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 the Methods with them. I agree to hold SANDY NEWBIGGING, SUTRATMAN LTD, MINDBODYCO LTD, CALMCO LTD, 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 the Methods, 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 Calmology. 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 the Methods 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 the Methods 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).
ENTIRE AGREEMENT
I acknowledge that this Graduate 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 Graduate 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 Graduate 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.