Terms and Conditions
In consideration for the 10 Behaviours of Successful People (10 Behaviours), a trading name of The Learning Junction Limited, New Zealand (TLJ) agreeing to accredit you as a facilitator for provision of The 10 Behaviours programmes, you agree to become a facilitator to provide the 10 Behaviours from time to time as required and on the terms and conditions set out in this agreement.
You are a non-exclusive independent contractor (or client employee) and are therefore not an employee of TLJ. You are entirely responsible for your own business affairs including and without limitation meeting your own costs, paying all taxes, insurance levies, pensions and insurances, together with accounting for GST to your Tax department.
You acknowledge and agree that only facilitators who are trained and accredited by TLJ can deliver 10 Behaviours programmes. Facilitators are accredited at different levels and are permitted to only deliver programmes to the level at which they are accredited.
In order to provide the 10 Behaviours as a facilitator you agree to undertake the appropriate training as required by TLJ to a standard satisfactory to TLJ in all respects and acknowledge that training includes, but may not be limited to, the following:
a. Attending an approved 10 Behaviours learning event as a participant; and
b. Completing a Facilitator Accreditation programme.
As a facilitator you must:
a. Reach and maintain a competent standard of facilitation excellence as determined by TLJ; and
b. Participant in on-going facilitator training and development as required.
TLJ reserves the right in its sole discretion from time to time to adjust its requirements and standards to become a facilitator.
Work for 10 Behaviours training services can come directly from in-house clients, TLJ or from Partners of the 10 Behaviours programme. There is no guarantee of work and the allocation of work between different facilitators is entirely at the discretion of clients, TLJ or partners.
Your fees and any further terms and conditions for the provision of your services as a facilitator are negotiated directly between you and the work provider and do not form part of this agreement.
TLJ does not accept any liability to third parties as a result of this agreement.
To the extent permitted by law you as a facilitator indemnify and hold TLJ harmless from any cost, loss or other harm you, a participant in the 10 Behaviours or any third party might suffer arising from this agreement or your role/performance as a facilitator.
Only the official 10 Behaviours ‘Participant Kit’ is to be distributed to participants. The provision of any additional materials is strictly not allowed.
All training is to be provided using concepts and models contained in the 10 Behaviours programme only. Training using models and concepts outside of the 10 Behaviours program is not allowed at any time and for the avoidance of doubt use of models and concepts outside of the 10 Behaviours programme will be a breach of this agreement.
You must follow the exact learning process as documented in the 10 Behaviours programme and as provided by TLJ. This includes the sequence of material delivery, the use of certain resources (e.g. videos, apps and websites at certain times) and answering questions in the prescribed format. You are not permitted to teach processes or models and concepts which are not part of the 10 Behaviours programme.
You, having been introduced to a client through TLJ or a Partner, are not permitted to offer any other services or products to the client or its employees while undertaking work as a facilitator and in the 12-month period following termination of this agreement.
TLJ is the owner of all copyright, trademarks and other intellectual property rights (whether registered or unregistered) in the 10 Behaviours programme, concept and products. This means that all 10 Behaviours materials or business concepts cannot be used for any purpose other than 10 Behaviours related business activities as authorised by this agreement and may not be used by anyone who is not TLJ accredited.
Reproduction or distribution of any 10 Behaviours resources including but not limited to workbooks, instructor manuals, training guides, apps, web-based tools and marketing materials is not allowed.
In no circumstances are you permitted to make changes to the 10 Behaviours programme or the participant kits. If you wish to suggest any changes this must be done in writing to TLJ. TLJ must approve any changes before inclusion in the 10 Behaviours programme or the participant kits.
Any changes to the 10 Behaviours and/or the participant kits made by you, whether these changes are authorised or not, enure to the benefit of TLJ and you will do such things, sign such documents and pay such costs to transfer all rights in and to any such improvements to TLJ.
TLJ may review your status as a facilitator at any time and may remove your accreditation at its sole discretion including upon any breach of the terms of this agreement.
Upon termination of this agreement, removal or lapse of your accreditation, all materials must be returned immediately to TLJ.
You will not challenge or directly or indirectly assist anyone else to challenge TLJ’s rights to the 10 Behaviours, the participant kits or any improvements.
No provision of this agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this document or that provision.
In the event that any one or more of the provisions contained in this agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement or any other such instrument and to the extent possible and that is not prohibited by law, the parties agree to amend the offending provision or this agreement as necessary to give effect to the intent of the severed provision.
A party’s failure or delay to exercise any power or right it has under this agreement will not operate as a waiver of that power or right, and the exercise of any such power or right will not preclude any other or future exercise of that power or right.
This agreement may only be varied with the parties’ written agreement.
The provisions of this agreement intended to survive termination of this agreement will remain in full force and effect.
You will not by act or omission make any disparaging comments in any format about TLJ or the 10 Behaviours.
This agreement may be terminated on one month’s written notice by either party or immediately upon material breach or upon you committing an act of bankruptcy or insolvency including without limitation the appointment of a liquidator, receiver, administrator, statutory manager or the enforcement a judgement against you in insolvency proceedings.
The rights granted in this agreement are personal to you and are not transferable including through a change in effective control or ownership.
Upon termination of this agreement:
You will immediately stop all use of 10 Behaviours and any materials used in the provision of the 10 Behaviours;
You will migrate 10 Behaviours programmes booked as at termination to TLJ and will reimburse all direct and indirect costs TLJ might incur providing the booked 10 Behaviours programmes;
All materials used in the 10 Behaviours must be returned to TLJ;
You agree to remove all trade references, terminate all listings making reference to you as a 10 Behaviours facilitator or utilising any other intellectual property of TLJ and to do such other things as TLJ might reasonably require to identify that you are no longer an accredited 10 Behaviours facilitator.
Updated: 6th June 2020