Certified TAT® Practitioner Agreement
Certified TAT® PRACTITIONER AGREEMENT TATLife, Inc.
(“TATLife”) recognizes that in order to develop a long-term and mutually rewarding relationship with those individuals who have successfully completed the TATLife® Practitioners Program (“TAT Practitioners”) in Tapas Acupressure Technique® or TAT® (collectively, “TAT®”), a healing modality created and developed by Tapas Fleming aka Elizabeth M. Kaufman and TATLife, we agree to the following:
TATLife commits to: (1) providing and maintaining professional standards for the practice of TAT; (2) providing courteous services to TAT Practitioners; (3) providing the highest quality products and services, at fair and reasonable prices; (4) providing initial training and continuing training in TAT; and (5) supporting and protecting the integrity of TAT.
TAT Practitioners commit to: (1) conduct themselves in an honest, courteous, and ethical manner; (2) present TATLife products and services in an accurate and professional manner; (3) not make healing and curing claims or statements; and (4) support and protect the integrity of TAT.
Now therefore, the parties agree to the following terms and conditions:
1. Rights Granted
TATLife hereby grants to (name) ________________________, certification as a TAT Practitioner (“Practitioner”). Such certification grants Practitioner a nonexclusive right upon the terms and conditions contained herein and in the TATLife Practitioner Program, policies and procedures, and other documentation, to identify herself/himself as a TAT Practitioner and to use such identification in Practitioner’s business, to purchase TATLife products and services.
2. Independent Business Relationship
The parties agree and understand that Practitioners is an independent contractor. This Agreement between TATLife and Practitioners does not create an employee/employer relationship, agency, partnership, or joint venture between TATLife and Practitioner. Practitioner has no authority (expressed or implied) to bind TATLife to any obligation.
Practitioner agrees to abide by and comply with TAT Standards of Practice, Scope of Practice, and Ethical Guidelines when using TAT. in Practitioner’s business or in any other professional applications.
Practitioner is fully responsible for all of her/his verbal and written statements made to any individual or entity regarding TAT, including but not limited to TATLife and TAT products and services, and the marketing thereof. Practitioner shall indemnify TATLife and hold TATLife’s owner, employees, independent contractors, and agents harmless from any and all liability including judgment, civil penalties, refunds, attorneys’ fees, court costs, and/or lost business incurred by TATLife as a result of Practitioner’s representations or actions.
5. TATLife Products and Ancillary Materials
Practitioner agrees to purchase all TAT products and ancillary materials directly from TATLife. Practitioner shall not produce, promote, duplicate or use materials of any kind that include TATLife’s names, designs, symbols, programs, products, trade dress, trademarks, or copyrighted, or otherwise protected materials, including written, audio, and video materials, all of which shall be deemed “Intellectual Property” owned by TATLife, without prior written approval from TATLife. All material supplied or created by TATLife must be used in their original form and cannot be changed, amended, or altered without prior written approval by TATLife. Practitioner acknowledges the ownership of the Intellectual Property by TATLife, agrees that it will do nothing inconsistent with such ownership, and that all goodwill relating to the Intellectual Property shall inure to the benefit of TATLife. Practitioner agrees that nothing in this Agreement shall give Practitioner any right, title, or interest in the Intellectual Property other than the right to use the Intellectual Property in accordance with this Agreement. Practitioner agrees that it will not attack the title of TATLife to the Intellectual Property. If Practitioner would like to create a derivative product using the Intellectual Property, contact TATLife to discuss a possible licensing agreement.
Practitioner may not use or attempt to register TATLife’s name, or any derivative thereof, trademarks, service names, service marks, product names, advertising phrases, or words, phrases, and/or brand names associated with TATLife, including but not limited to, TAT and Tapas Acupressure Technique and/or phrases or headlines that TATLife may consider to be proprietary or necessary for business now or in the future for any Internet domain name (URL), third party website, web page or electronic mail address unless Practitioner enters into a specific, written license agreement with TATLife.
7. Laws and Regulations
Practitioner shall comply with all federal, state, and local laws and regulations in the conduct of Practitioner’s business. If Practitioner is a licensed health care provider, Practitioner shall comply with all rules and regulations applicable to his/her licensure. If Practitioner does not comply with the foregoing, TATLife shall have the option, in its sole discretion, to invoke disciplinary sanctions as set forth in Paragraph 13 below, including but not limited to suspending or revoking Practitioner’s certification as a TAT Practitioner.
The names TATLife, Tapas Acupressure Technique, TAT and other names as may be adopted by TATLife are proprietary trade names, trademarks, and service marks owned by TATLife. As such, these marks are of great value and the use of them on any item not produced by TATLife is prohibited. Notwithstanding the foregoing, Practitioner may include in any materials produced by Practitioner that Practitioners is a TAT Practitioner, provided, however, that on any and all such materials produced by Practitioner, the following statement shall appear “Tapas Acupressure Technique ,TAT, and TATLife are registered trademarks of TATLife, Inc. and used with permission.”
9. Quality Control
Should Practitioner include in any materials produced by Practitioner that Practitioner is a TAT Practitioner, all such materials shall be submitted to TATLife for approval to ensure compliance with proper marking of Intellectual Property and proper use thereof, and to ensure that the required statement is included, the approval of which shall not be unreasonably withheld. Should there be any change to the materials previously approved, or should new materials be used, Practitioner shall submit same to TATLife for approval, the approval of which shall not be unreasonably withheld.
The parties acknowledge that TATLife owns all right, title, and interest in and to all materials produced by TATLife and the copyrights therein. Practitioner agrees to safeguard and promote the good reputation of TATLife, TAT, and its products and services. Practitioner agrees that the marketing and promotion of TATLife, TAT products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct or practices.
11. Voluntary Termination
Either Party may terminate this Agreement by providing the other with written notice of their intent to terminate the Agreement, sent by certified mail with return receipt or email with electronic signature. Immediately upon termination of this Agreement, the former TAT Practitioner will remove and discontinue the use of, and thereafter will not use, the names, marks, or any signs, labels, stationery, advertising, trade dress or any material referring to or relating to any TATLife products or services. In addition, the former TAT Practitioner shall not hold him/herself out as a TAT Practitioner.
All notices required hereunder shall be in writing, VeriSign or electronic signature and shall be given either by personal delivery, recognized delivery service or by registered or certified mail, and shall be deemed given hereunder on the date delivered, or a date ninety-six (96) hours after the date mailed if mailed in the United States, and seven (7) business days if mailed outside of the United States, except notice of change of address which shall be effective only upon actual receipt thereof. Notices shall be sent to the address as set forth below, or any other address designation by Professional. Notices to TATLife shall be sent to 1317 Portola Ave, Torrance, CA 90501, or any other address designated by TATLife.
This Agreement may not be assigned by Practitioner, in whole or part. TATLife may assign this Agreement and any of its rights hereunder or delegate any of its obligations hereunder, in whole or in part, to any subsidiary, affiliated, controlling or other related company.
This Agreement sets forth the sole and entire understanding of the parties hereto relating to the subject matter hereof. This Agreement shall be governed and construed under the laws of the State of California applicable to agreements wholly performed therein. This Agreement may not be amended except in writing signed by both parties. No waiver by any party of any right under this Agreement will be construed as a waiver of any other right. If a court finds any provision of this Agreement is invalid or unenforceable as applied to any circumstance, then the remainder of this Agreement will be interpreted to best carry out the intent of the parties. The provisions of this Agreement are binding on the successors and assigns of the parties. In the event of any action, suit, or proceeding arising from or based upon this Agreement, the prevailing party shall be entitled to attorney fees. The parties agree to the foregoing terms and conditions and have executed this Agreement as of the last date written below.