Mantrailing Global Instructor Course Terms & Conditions
1. Contractual parties
This agreement is made between the Instructor (as defined) and MANTRAILING UK LTD a limited company incorporated and registered in England and Wales with company number 11401759 whose registered office is at TARNRIGG HEAD, OULTON, WIGTON, CA7 0NS trading as MANTRAILING GLOBAL (“MTG”).
2. Interpretation
2.1The following definitions and rules of interpretation apply in this agreement.
Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks inLondon are open for business.
Business Hours: the period from 09:00 to16:00 pm on any Business Day.
Instructor: means the individual, whether trading in their own name or as an incorporatedcompany, applying to attend Mantrailing Global’s Instructor Course.
Instructor’s Guild:means the association for accredited MTG instructors that is owned and operated by MTG and which membership of is subject to additional agreed terms.
Intellectual Property Rights: copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get - up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from,such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Personal Data: any personal data which MTG processes in connection with this agreement in the capacit y of a controller or in the capacity of a processor on behalf of the Instructor.
2.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.
2.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.4 Any schedules or any other referenced policies, forms, or documents etc. are incorporated as part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes its Schedules.
2.5 A reference to a company shall include any company, corporation or other body corporate,wherever and however incorporated or established.
2.6 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
2.7 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders and those who identify in a gender-fluid or non-binary manner.
2.8 A reference to legislation or a legislative provision is a reference to it as it is in force as at the date
of this agreement.
2.9 A reference to legislation or a legislative provision shall include all subor
dinate legislation made as at the date of this agreement under that legislation or legislative provision.
2.10 A reference to writing or written includes email but not fax.
2.11 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
2.12 References to clauses and Schedules are to the clauses and Schedules of this agreement and references to paragraphs are to paragraphs of the relevant Schedule.
2.13 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.14 Service and receipt of documents shall be deemed in accordance with the manner and method of posting as set out in the Civil Procedure Rules of the Courts of England & Wales that are in force on the date that a written notice is sent.
2.15 Service of court documents is not accepted by email.
3.Commencement and duration
3.1 This agreement commences on the date when it has been signed by all the parties and shall continue unless terminated in accordance with its provisions.
4.The Instructor’s compliance obligations
4.1 The Instructor shall at all times comply with local laws and regulations relating to the treatment of animals in their care.
4.2 The Instructor warrants that at no time shall they cause, or allow to be caused, an animal under their care (whether the Instructor owns said animal or otherwise) to experience punishment - based training. This includes, but is not limited to, the use of e-collars, prong collars, pinch collars,physical correction, verbal correction, physical admonishment, or spray collars.
4.3 The Instructor further warrants that they will, at all times, comply with the MTG Code of Conduct as is in force at the date of the MTG Instructors’ Course which the Instructor is attending.
4.4 The Instructor must at all times comply with instructions provided to them by MTG’s Head Instructors, instructors, or other employees, agents, or contractors.
4.5 A breach of any of these provisions within this clause 4 shall entitle MTG to terminate this agreement with immediate effect and no notice or compensation shall be owed to the Instructor.
5. Guarnentees
5.1 MTG does not under any circumstances warrant, guarantee, or promise that the Instructor shall be successful on the MTG Instructors’ Course. Success is determined by the Instructor’s individual ability and successfully passing both the theory and practical elements of the assessment. Successful completion of both elements is required to complete the MTG Instructors’ Course.
5.2 Our 100% Free Resit Guarantee allows you to take our instructor course assessments with confidence, knowing that if you don’t pass any element, you can resit them again at no additional cost.
To be eligible for a free resit, you must have fully engaged with the course, including attending every day of learning, completing any pre-course materials, revised the instructor handbook, and followed the guidance provided by our team. The guarantee cannot be used as an excuse for lack of effort or engagement on the instructor course.
To claim under this guarantee, you must notify us via email that you wish to resit any failed assessments within 7 days of receiving your results.
This guarantee covers all assessment elements within the instructor course, but does not extend to any additional courses or services.
Failure to meet payment obligations, withdrawal from the course, or non-compliance with course requirements may void this guarantee.
How to Claim: If you plan to take advantage of this guarantee in the event of a failed assessment, please email info@mantrailingglobal.com within 7 days of receiving your results. If you have complied with the terms of the guarantee, as set out here, Mantrailing Global will then confirm your eligibility and provide details on how to resit your assessment online, for a maximum 2 resit opportunities per assessment.
6. Non-compete clause
6.1 The Instructor agrees that, for a period of two years from the date of discharge of this agreement, they shall not engage in instructing others in how to teach mantrailing irrespective of whether or not such activity is done in exchange for renumeration or not.
7. Charges and payment
7.1 The cost for the Instructor’s place on the MTG Instructor’s course is as indicated in the Instructor's acceptance email. This may be reduced on additional terms of a special offer discount as may be presented from time-to-time at MTG’s discretion. Where a discount is offered, the terms of that offer shall be deemed incorporated into this agreement. No promise of a discount should be inferred or implied into this agreement.
7.2 Any sum due under this agreement is due:
a) within 14 days of acceptance onto the MTG Instructor Course; or,
b) on demand if the relevant course starts less than 14 days from the date of acceptance of the Instructor onto the course; or,
c) in accordance with the agreed terms of payment plans such as may be offered by
MTG from time to time. The terms of such a payment plan shall be deemed incorporated into this agreement.
7.3 All sums are payable by one of the methods specified within the acceptance communication. The Instructor’s place on the course will not be confirmed until the sums due are received in full.
7.4 Failure to pay within 14 days will permit MTG to make your space available to another party without notice.
7.5 Any sum due under this agreement is non-refundable unless cancellation is made within 14 days of the date of the acceptance email.
7.6 Subject to prior written agreement from MTG, the Instructor’s place is transferable to a third party, however, MTG is not responsible for the financial arrangements between the Instructor and any third party and the Instructor may not transfer their place to a third party at a cost greater than the Instructor has paid, or was due to pay, to MTG for their place. MTG's consent shall be entirely conditional upon the intended transferee making a successful application to MTG to attend the instructor's course.
7.7 Nothing in this paragraph affects the Instructor’s statutory rights.
8. Intellectual property rights
8.1 MTG shall retain ownership of all intellectual property rights in the materials provided to the Instructor, whether in connection with the services under this agreement or not.
8.2 Use of MTG’s logos, branding, and any other associated materials and paraphernalia shall only be available for use by the Instructor upon:
a)the Instructor successfully passing their training and assessment to which this agreement relates; and,
b) the Instructor applying, and being admitted, to the Instructor’s Guild which shall be conditional upon the Instructor agreeing to the associated terms and conditions for that membership.
8.3 Unauthorised use of any of MTG’s logos or branding etc. will result in MTG being indemnified to a sum no less than £5,000.00 for each occurrence whereas occurrence
shall mean each unauthorised use by the Instructor.
8.4 No attempt to trade off of MTG’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 Mantrailing Global such as, but not limited to, using the format ‘Mantrailing Global [regionname]’.
9. Data protection
9.1 The MTG's liability for losses arising from breaches of this clause 9 is as set out in clause 11 of this agreement.
10. Confidentiality
10.1 Each party undertakes that it shall not at any time, and for a period of two years after termination or expiry of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 10.2
.
10.2 Each party may disclose the other party's confidential information:
a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 10; and
b)as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.3 No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
11. Limitation of liability
11.1 Nothing in this this clause 11 shall limit the Instructor’s payment obligations under this agreement.
11.2 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).
11.3 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 9 (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.
11.4 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.
11.5 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.
11.6 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.
12. Termination
12.1 Without affecting any other right or remedy available to it, MTG may terminate this agreement with immediate effect for any reason by giving written notice to the Instructor.
12.2 Termination of this agreement shall also occur where:
a) the Instructor fails their assessment and chooses, within 6 months of the date of the Instructor being notified of their failure, not to resit their assessments; or,
b) the Instructor successfully passes their assessments.
12.3 Nothing in this clause shall prejudice the Instructor’s continuing obligations which exist in relation to, inter alia, confidentiality, non-competition, and intellectual property rights as provided for in this agreement which shall remain valid and enforceable.
12.4 The Instructor may appeal any termination notice but must do so within 28 days of receiving a termination notice. The 28 - day period shall start on the next Business Day after the notice is deemed received.
13.Obligations on termination.
13.1 On termination or discharge of this agreement:
a) the Instructor shall not use, or attempt to use, any of MTG ’s logos, branding, other advertising paraphernalia, nor hold themselves out to be associated in any way with MTG unless:
(i) the provisions of paragraph 13.1(b) apply; or
(ii) the Instructor is using the agreed wording accepted by MTG where the Instructor successfully completes the MTG Instructors’ Course but chooses not to join the MTG
Instructors’ Guild.
b) the Instructor may use the logos, branding, other advertising paraphernalia, provided by MTG and identify themselves as an MTG accredited instructor subject to:
(i) the Instructor being an active member of the MTG Instructors’ Guild; and,
(ii) the Instructor not being in default with their payments for membership to that
Guild; and,
(iii) the Instructor complying with their obligations for membership of that Guild.
c)the Instructor must observe their continuing obligations from this agreement whether or not those obligations are expressly incorporated into the Instructor’s membership of the Instructor’s Guild.
14.Variation
14.1 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14.2 An authorised representative of the Instructor must be agreed in writing with
MTG unless the authorised representative is an instructed solicitor, barrister, or appropriate CILEX member (or, where appropriate, the international equivalent of a solicitor or barrister).
15.Waiver
15.1 A waiver of any right or remedy under this agreement or by law is only effective if given in writing
and shall not be deemed a waiver of any subsequent right or remedy.
16.Severance
16.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
17. Entire agreement
17.1 This agreement and the pre-contractual information (provided during the Instructor’s application process) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.Conflict of provisions
18.1 If there is an inconsistency between any of the provisions of this agreement and the provisions of the Schedules, the provisions of this agreement shall prevail.
19. No partnership or agency
19.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
19.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
20. Third party rights
20.1 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.