Terms and Conditions for Membership of Mantrailing UK Ltd’s Instructors’ Guild
Mantrailing UK Ltd trades as ‘Mantrailing Global’, however, your contract is with Mantrailing UK Ltd (as the underlying corporate entity) and the terms used in this document reflect that relationship rather than the trading name.
Membership to the Mantrailing UK Ltd Instructors’ Guild (“the Guild”) is only available to persons who have successfully completed and passed the Mantrailing UK Ltd (“MTUK”) instructor’s course and assessments (hereafter “Instructor”).
MTUK reserves the right to refuse membership to any person at any time for any reason that it sees fit. MTUK further reserves the right to terminate an Instructor’s membership to the Guild for any reason at any time without notice.
MTUK reserves the right to make alterations to these Terms and Conditions without notice but will endeavour to make the Instructor aware of any potential changes before they become enacted.
The Instructor’s obligations
The Instructor must at all times:
1.Comply with the MTUK Code of Conduct and its provisions therein.
2.Comply with the terms of membership to the Guild’s Facebook group (as may be varied from time to time) if the Instructor chooses to join that group.
3.Pay on demand or when due the membership fee. Failure to pay will prima facie discharge this agreement between the parties and the Instructor will need to reapply for membership to the Guild if they so wish. An Instructor that suspects or believes that they may experience problems paying their membership fee should inform MTUK as soon as possible to discuss a resolution.
4.Upon termination of membership to the Guild, however this arises, the Instructor must cease to use any and all of MTUK’s logos, branding, and other advertising materials. The Instructor must also cease to advertise their connection with MTUK (unless otherwise agreed) and cease to provide MTUK associated trailing sessions and/or assessments.
5.Hold appropriate insurances to run their business activities and agrees to comply with the relevant laws and regulations pertaining to animal welfare and treatment as may be in force in the Instructor’s home country and/or area of trading.
6.Attend or watch the recording of the online Guild Summit.
7.Only teach the MTUK trailing method when running MTUK associated workshops, training sessions, or classes etc.
8.In the unlikely event that a complaint is received about them, the Instructor must assist MTUK with any and all aspects of MTUK’s complaints processes.
9.No attempt to trade off of MTUK’s name, branding, logos etcetera shall be made by the Instructor. This includes, but is not limited to, using a business name that could be confused or associated with the trading name of MTUK (Mantrailing Global) such as, but not limited to, using the format ‘Mantrailing Global [region name]’.
Mantrailing UK Ltd’s obligations
1.Provide for the Instructor access to MTUK’s logos, branding, and other advertising paraphernalia that may be produced from time to time and consent to the Instructor using these in their business marketing.
2.Provide an identifying locator on the MTUK instructor map (found on the MTUK website) so that they may be found by new clients.
3.Respond to enquiries from the Instructor, including but not limited to enquiries regarding trailing methods and/or client issues, within a reasonable timeframe.
Limitation of liability
1.Nothing in this this clause 11 shall limit the Instructor’s payment obligations under this agreement.
2.Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence; and
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
3.Subject to liabilities which cannot legally be limited, the MTG's total liability to the Instructor:
(a) for damage to property caused by the negligence of its employees and agents in connection with this agreement shall not exceed £1,000,000.00 for any one event or series of connected events;
(b) for loss arising from the MTG's failure to comply with its data processing obligations under clause 11 (Data protection) shall not exceed £50,000.00; and
(c) for all other loss or damage which does not fall within subclause (a) or (b) shall not exceed £50,000.00.
4.Subject to clause 11.2 (Liabilities which cannot legally be limited), this clause specifies the types of losses that are excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
5.The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
6.Unless the Instructor notifies MTG that it intends to make a claim in respect of an event within the notice period, MTG shall have no liability for that event. The notice period for an event shall start on the day on which the Instructor became, or ought reasonably to have become, aware of the event having occurred and shall expire 1 month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
Third party rights
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Governing law and jurisdiction
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.