BY RECEIVING, CONTRACTING FOR OR PARTICIPATING IN A HANDLE WITH CARE TRAINING AND /OR BY RECEVING, OR VIEWING HANDLE WITH CARE MATERIALS ALL PARTICIPANTS, INSTRUCTORS, ENTITIES, FACILITIES AND AGENCIES (COLLECTIVELY “ENTITY”) AGREE TO THE FOLLOWING TERMS
OWNERSHIP OF PROGRAM AND TRAINING. All property rights (including, but not limited to, the written manual, video, and performance of the verbal and physical components, techniques, team strategies, teaching methods, presentation methods and exercises, demonstrations, performances, workshops and seminars) in the manual and training program provided are owned by Handle With Care and are protected by United States Contract, Copyright, Trademark and Patent laws (International Rights Reserved), other applicable property laws, state and common laws and international treaty provisions. Handle With Care retains all rights not expressly granted. Nothing in this agreement shall grant to the entity any rights, title or ownership interests in or to the Program, Training, Performance or Materials. entity shall not remove, alter or otherwise obstruct any copyright notice, trademark notice, patent notice or other proprietary right notice placed on the Program, Program Materials or Training
LICENSING. There are three levels of certification that Handle With Care grants. Basic, Instructor and Master. A Basic certification means that the student has mastered the training enough to implement it. An Instructor certification means that the student has mastered the enough to teach it and certify “Basic” students. A Master certification means that the student has mastered the training enough to certify “Instructors”. If your agency and its participants receive Handle With Care basic program only, your agency and its participants have permission to use the Handle With Care program. If the agency/entity and participants receive Handle With Care Instructor Certification program, the agency/entity and its participants have permission to use and instruct the Handle With Care Basic Program only to persons directly employed by the Entity. Handle With Care hereby grants the Entity permission to use, and reprint (copy) one Participants' Manual for each basic student and one Instructors' Manual and Instructor Video for each certified instructor for a period of one year from the date of training/certification. These materials may only be distributed (and/or used by) to employees,enitites receiving Handle With Care training. All Handle With Care materials, including the manuals, video, training must be kept under the cover page provided by Handle With Care that contains notice of copyright and trademark. All Handle With Care materials must be kept or maintained separate and distinct from all other materials, training or programs. The Participants' Manual may be copied one (1) for each “Basic” participant whereas the Instructors' Manual and Instructor Video may be copied one (1) for each Handle With Care Certified Instructor. At the end of 12 months from the time of training, agencies are required to renew their licensing agreement (to use, teach and/or copy the Handle With Care Program and materials) with Handle With Care and participate in a refresher course for entity. If an entity does not comply with the licensing provisions, the entity shall return all materials to Handle With Care or certify that all Handle With Care materials have been discarded and that the continued use and/or training of the HWC program and/or materials has been discontinued. This provision supersedes any other contractual term or agreement written, implied or oral.
MISAPPROPRIATION. The party receiving the Handle With Care program and training acknowledges that the Program and Training contain proprietary information developed and owned by Handle With Care and agrees to treat the program as such. The entity or individual receiving Handle With Care Materials and training agrees that the materials and training contain protected materials and methods that would not be accessible outside this contract. Trainee also agrees that he/she will not directly, indirectly or through use of a third party hire, solicit, entice, induce, recruit or employ or associate with, engage or interfere in any of Handle With Care's business, and that Employee/Agency/Entity will take all reasonable steps to prevent all parties under its control from using, copying, altering, incorporating, modifying, marketing, capitalizing or distributing the program and training other than as expressly authorized by this agreement (including but not limited to reverse engineering or taking components of the program and marketing them under a different name or title). Agency/Entity shall promptly notify Handle With Care of any known unauthorized use and agrees to reasonably cooperate with Handle With Care in any litigation brought by Program Owner against third parties reasonably necessary to protect its Program, Training, Performance, related property rights, methods and confidential information.
CHOICE OF LAW . This agreement is governed by the laws of the United States of America specifically, the laws of the State of New York and all actions shall be venued in Ulster County , New York
TERMINATION. This agreement can be terminated for cause on the breach of any material term contained herein on a 30 day notice of breach.
CERTIFICATION/RECERTIFICATION. Instructor Certification is valid for one year from date of training. Instructors are decertified at the end of one year, unless extension is granted in advance by Handle With Care in anticipation of a scheduled recertification program. Entities contracting directly with HWC for only the basic program must be retrained in at least the physical program annually.
AS A BASIC STUDENT YOU MAY ONLY USE (NOT INSTRUCT) HANDLE WITH CARE. AS A CERTIFIED TRAINER, YOU MAY INSTRUCT HANDLE WITH CARE 'S BASIC PROGRAM ONLY TO EMPLOYEES WITHIN YOUR CURRENT AGENCY/ENTITY IN ACCORDANCE WITH THE ACCEPTANCE OF THE ABOVE TERMS AND CONDITIONS, THE SIGNED WAIVER AND THIS CONTRACTUAL AGREEMENT