This Trainer Agreement (“Agreement”) is valid on the day the credit card is procssed (“Effective Date”), by and between Money & ME, LLC (“Company”), a New Mexico limited liability company, and individual becoming trainer. Each a “Party” and collectively the “Parties”.
Services for Authorized Licensed Trainers:
Company shall provide the following services to trainer so they can provide services:
- Training: “Train the Trainer” in a one-day live format or online training completed at own pace (cost is $199, $169 for government, $149 for nonprofit);
- Supplies:
- One copy of the Money & Me Workbook (included in training cost);
- One copy of the Money Kit (included in training cost);
- One copy of the Trainer Guide (included in training cost);
- Ability to purchase materials from Company;
- Conference calls with other trainers.
- Services for Certified Licensed Trainers (Optional-Additional fees apply.)
- Listing on Company’s website;
- Template for business cards;
- E-mail address;
- Access to promotional materials such as brochures, Statement of Qualifications, etc.
- Fees and Payment to Company from Trainer:
- Fees to Company. Authorized Licensed Trainer shall pay annual license fee of $120/year or $15/month. Services will not be provided unless the fees have been paid.
- Optional Fees to Company. Certified Licensed Trainer will pay an additional $120/annual or $15/month to receive additional services listed above and become a Certified Licensed Trainer.
- Dishonored Payments. Company reserves the right to charge a $100 penalty for any dishonored payment, including but not limited to returned checks and credit card chargebacks. Payments on invoices shall be paid without right of offset, setback or chargeback, and shall be first applied to late fees, then penalties and finally to outstanding balances.
- Collection. In the event Payee incurs any expense related to collection of the monies due under this Agreement, Authorized Licensed Trainer shall reimburse Company for all its expenses, including but not limited to collection costs, attorney’s fees and court costs.
- Fees and Payments to Trainer from Company:
- If Company initiates and closes a contract with organization and coordinates trainer to perform program, company will pay $200 to Authorized Licensed Trainer.
- If Trainer initiates and closes contract with organization, Trainer will receive 50% of trainer fee received from organization (minimum per program is $500) plus an additional amount for each Workbook and Money Kit sold to organization ($15 for regular price, $10 for government price, $5 for nonprofit price).
- Trainer will receive a 1099 from company.
- Term and Termination: The Agreement will commence on the Effective Date and continue for an initial period of one (1) year, and shall automatically renew for additional renewal terms of one (1) year each when license is renewed, unless this Agreement has been terminated as provided herein. This Agreement may be terminated by either party for any reason with thirty (30) days written notice to the other.
- Obligations of Authorized Licensed Trainer:
- Authorized Licensed Trainer will complete a W-9 if receiving payments from company.
- Authorized Licensed Trainer will utilize only Money & ME materials.
- All payments from organizations will be made to the company.
- Post surveys will be forwarded to company within 10 days of completion of program.
- Authorized Licensed Trainer is responsible for all county, state, federal taxes, licenses and insurances.
- Authorized Licensed Trainer will return all unused materials upon termination of Authorized Licensed Trainer status.
- Authorized Licensed Trainer. The person enters into this Agreement as Authorized Licensed Trainer and nothing within this Agreement shall be construed to create a joint venture, partnership, agency, or other employment relationship between the parties. The parties agree that no Trainer employee or contractor is or will be considered an employee of Company. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
- Warranty. Company warrants that the Services will be performed in a good and workmanlike manner consistent with applicable industry standards. EXCEPT AS SET FORTH ABOVE IN THIS SECTION, COMPANY PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
- Indemnity. Authorized Licensed Trainer shall defend, indemnify, and hold Company and its respective agents, members, shareholders, directors, employees, contractors, and representatives harmless for, from and against any and all claims, actions, causes of action, demands, suits, liabilities, damages, leases, costs, or expenses (including attorneys’ fees, court costs, and costs of settlement) in connection with Trainer’s use of the materials or training it receives under this Agreement. This Section shall survive the termination and/or expiration of the term of this Agreement.
- Limitation on Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF A PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF COMPANY TO TRAINER FOR DAMAGES ARISING OUT OF THIS AGREEMENT OR THE SERVICES SHALL BE LIMITED TO REIMBURSEMENT OF THE TOTAL FEES PAID BY TRAINER TO COMPANY.
- Intellectual Property. Nothing in this Agreement or the performance thereof shall convey, license, or otherwise transfer any right, title, or interest in any intellectual property or other proprietary rights held by either party or its licensors. Company shall own all right, title and interest in and to all Company’s pre-existing intellectual property, and all derivatives, modifications and improvements thereof, including all patents, copyrights, trade secrets and other intellectual property rights therein anywhere in the world.
- Entire Agreement. This Agreement shall constitute the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations, and understandings of the parties, written or oral. This Agreement may be supplemented, amended, or revised only by further written agreement signed by the Parties.
- No Waiver. No waiver of any provision of this Agreement, or waiver of any breach of this Agreement, shall be effective unless the waiver is in writing and is signed by the party against whom the waiver is claimed. Any Party’s failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions, nor prevent any Party from thereafter enforcing each and every other provision of this Agreement. The rights granted the Parties herein are cumulative and shall not constitute a waiver of any Party’s right to assert all other legal remedies available to it under the circumstances.
- Trainers need to identify in writing which area of the country they would like to be able to conduct programs and notify company 30 days in advance if this changes. All territory rights must be approved by company.
- Severability. If any part of this Agreement shall be held to be unenforceable, the rest of the Agreement will nevertheless remain in full force and effect.
- Assignment. Trainer may not assign this agreement or any of its rights or obligations under this Agreement without Company’s prior written consent. Company may assign this Agreement or any of its rights and obligations under this agreement, effective upon Notice to Trainer, to (a) to any subsidiary or affiliate, or (b) in connection with any sale, transfer, or other disposition of all or substantially all of its business or assets but only if the assignee assumes all of the Company’s obligations.
- Attorneys’ Fees. If any action is necessary to enforce the terms of this Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled.
- Dispute Resolution and Choice of Forum and Law. Company and Trainer shall attempt in good faith to resolve any dispute arising out of or related to this Agreement promptly by negotiation between Company and a representative of Trainer who has authority to settle the controversy on behalf of Trainer. Either party may give the other party written notice of any dispute not resolved in the normal course of business. Within fourteen (14) days after delivery of notice of any dispute, the receiving party shall submit to the other a written response. The notice and the response shall include a statement of each party’s position, a summary of arguments supporting that position and shall include a reference to any authority available to support the position. Within thirty (30) days after delivery of the disputing party’s notice, the parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. If the matter has not been resolved within sixty (60) days of the disputing party’s notice, or if the parties fail to meet within thirty (30) days, either party may initiate mediation of the controversy or claim before a mutually agreed upon mediator. In any event, the parties agree first to try in good faith to settle any dispute by negotiation and mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. If the parties are unable to resolve any dispute by means other than litigation, any litigation commenced as a result of the dispute between the parties shall be commenced only in a court of competent jurisdiction located in Bernalillo County, New Mexico. This Agreement shall be governed by the laws of the State of New Mexico without regard to its choice of law provisions.
Do not click the “I accept” button if you do NOT agree to these terms and conditions.