HeartMath's® Coach/Mentor Certification Sample Letter of Agreement
To be executed upon completion of the Building Personal Resilience™ – HeartMath Coach/Mentor Certification Program.
It is our pleasure to confirm the terms under which HeartMath is extending to you licensing in our Coach/Mentor Program. You may individually coach/ mentor individual clients, or employees of your organization or other organizations anywhere in the world.
Our joint vision is that you will actively coach/mentor individuals on a one-to-one basis to use and apply the HeartMath® techniques and technology. At the successful completion* of the HeartMath Certified Coach/Mentor training, you will able to represent yourself as a “HeartMath Certified Resilience Coach”, “HeartMath Certified Resilience Mentor”, “HeartMath Certified Mentor”, or “HeartMath Certified Coach” and use names trademarked by HeartMath LLC, the HeartMath Institute, Quantum Intech, Inc. and Doc Childre in your promotions.
In order to do this effectively you agree to sincerely practice the HeartMath techniques and act in a manner which does not reflect adversely on HeartMath’s name and reputation.
This License is limited to the use of HeartMath’s intellectual property (copyrights, content, techniques, trademarks, etc.) for the training or instruction of individuals. This license does not grant permission to present, teach or use HeartMath’s intellectual property in whole or in part in lectures, seminars or workshops or to groups of people without written permission from HeartMath.
You will receive copyrighted materials from HeartMath. Once you successfully complete the training, you may use these copyrighted materials with your clients except those materials marked “confidential” or “proprietary” by HeartMath which are for your personal use only unless written permission to copy or reproduce them is obtained from HeartMath.
In order to assure intellectual property rights protection, the appropriate use of HeartMath’s copyrighted material, techniques, registered trademark symbols and designations, and the integrity of information in our public exposure, you agree to distribute only the material approved for such use and supplied to you by HeartMath. You agree that you will not use the HeartMath trademarks and copyrighted information in handouts, slides, books, articles, Web sites, media outlets, etc. unless you first obtain written permission from HeartMath. As part of your training you will receive detailed information and instructions about the proper use of HeartMath trademarks and copyrighted material. If, at any time, you are not clear on the proper use, please contact HeartMath for assistance.
Modifications of the HeartMath techniques and intellectual property are considered derivative works and are the property of HeartMath. Modifications may be made only with specific written permission from HeartMath. Modifications include translations, editorial revisions, interpretive matter, annotations, elaborations or other adaptations or forms of presentation that are based on the original HeartMath work.
This License does not grant permission to extend to others authority to use HeartMath materials or information as stated as in this license. If you have members of your staff who deliver your services to your clients, they need to take the training and agree to these terms in order to use these materials.
There is no obligation for the payment of royalties on income from your use of HeartMath’s intellectual property from the Building Personal Resilience program. If after the first year, you wish to continue being listed in our web directory of Certified Resilience Coach/Mentors, you will need to have purchased a minimum of $500 worth of guides or products in the first year of this agreement and each year thereafter.
Information flow and staying current are important to your status as a Licensed HeartMath Coach. You agree to register and regularly review the Web-based Coach Extranet, to respond to requests for information within two weeks of that request and to keep accounts paid in full within thirty days of invoice.
We mutually agree that you are not an employee of nor do you represent any of the HeartMath companies. As an independent contractor, you are responsible for all costs associated with the use of HeartMath information, including federal and state taxes and all costs associated with your business or for its success and decisions totally independent of HeartMath. HeartMath does not make any warranties or representations as to your success as a HeartMath Coach or HeartMath Mentor or the role of HeartMath in that success. If you have employees, you agree that they will follow the terms of this Agreement.
Because HeartMath research and techniques relate to mental, emotional and physical health you agree to act in accord with the following HeartMath policy and not make any claims contrary to this policy:
"HeartMath has developed highly successful programs for self improvement in mental, emotional and physical balance. HeartMath Technology and materials are not intended to replace treatments for medical or psychological conditions by licensed physicians, psychologists or other health care professionals."
This agreement is perpetual, automatically renewing every year, provided all HeartMath accounts are current and that you are fulfilling all provisions of this agreement. Failure to fulfill any provision of this agreement may, at our sole discretion, result in termination within thirty days of notice of the deficiency unless it has been remedied. In this agreement, when permission or authorization is required, permission can be provided either in writing or electronically.
We both agree not to assign this agreement to anyone else and not to modify it except in writing. We cannot bind each other or act as each other’s agent. HeartMath is not liable for your actions and you are not liable for HeartMath’s actions. We will both keep adequate liability insurance.
This License shall be governed in accordance with the laws of the State of California. In the event that any actions are necessary to resolve the terms of this Agreement, the venue for any action concerning this Agreement shall be Santa Cruz County, California. The terms of this agreement are effective as of the date of registration into the program. If any conflicts arise we agree to 1.) Directly negotiate with each other; 2.) Choose an independent third party mediator; and 3.) If we still cannot reach agreement, to use binding arbitration instead of going to court. If we were not able to work out our problems in those ways immediate irreparable injury could be caused for which injunctive relief is an appropriate remedy in addition to others. If you have a dispute with a client or other third party relating to HeartMath technology, notify us so we can be present at a meeting of the parties to assist in resolution.
Cancellation policy: Once registered for a series of classes, we are happy to transfer you to another class free of charge. Or receive a refund of the registration fee based on the following schedule:
- Before Class 1: Full payment will be refunded, minus a $50 processing fee, when we receive your returned materials
- After attending Class 1: Full payment will be refunded, minus a $100 fee, when we receive your returned materials
- After attending Class 2: Full payment will be refunded, minus a $150 fee, when we receive your returned materials
- After attending Class 3: There will no refund.
*Successful completion of the Certified HeartMath Coach Mentor Training is dependent upon the following criteria:
- Attendance in all live Webinar classes or submit proof of having reviewed the recorded sessions
- Completion of home study portions of the Building Personal Resilience Coach/ Mentor Handbook
- Provide HeartMath Resilience Coaching/ Mentoring (4 sessions for each person) successfully to two people.