Congratulations! The grout restoration business is lucrative and very easy to operate. You are almost ready to get started. Your entire purchase price will be applied to your account as a product credit to be used within the first year. This credit applies directly toward This Old Grout's products and equipment and does not include shipping or handling charges, late fees or any other fees or charges except for products. All shipping and handling charges will automatically be charged to your credit card after each order has shipped. All orders to be applied toward the credit must be placed via our toll free phone line at 1-866-OLD-GROUT (1-866-653-4768). To complete the processing of your order, please read through the Online Instruction Agreement below and click continue. Note: YOUR ORDER WILL NOT BE PROCESSED UNTIL WE RECEIVE THIS DIGITALLY SIGNED AGREEMENT. This INSTRUCTIONAL AGREEMENT (this “Agreement”) is entered into on by and between This Old Grout Manufacturing, Inc., an Arizona corporation (“This Old Grout”), and (Enter Full Name) ("Trainee"). In consideration of the mutual promises set forth hereunder, the sufficiency of which is hereby acknowledged, This Old Grout and Trainee agree to the following:
1. All instruction shall be conveyed using downloadable training materials in MS Word format and instructional application video viewed online.
2. (a) Trainee agrees that all materials (including, without limitation, any and all books, workbooks, manuals, posters, graphs, computer software, and video and audiocassettes) provided by This Old Grout in connection with the services performed pursuant to this Agreement will be used only by Trainee, shall not be reproduced by Trainee, and shall not be released or disclosed to any third party or other person. Trainee shall not copy, modify, distribute, sell or otherwise use any of the training materials developed by This Old Grout, except as expressly authorized by this Agreement or by This Old Grout. (b) Trainee acknowledges and agrees that This Old Grout has developed and will continue to develop, customize, modify and refine the training program that is the subject of this Agreement, and that the instructional training program and all materials developed in conjunction therewith shall remain the sole property of This Old Grout.
3. Because success is directly tied to efforts, motivations, integrity and drive, This Old Grout in no way can guarantee Trainee's success in any endeavor. This Old Grout will simply describe and demonstrate how we use our products and process in the course of performing our services and describe our methods and techniques that have made us so successful. Because of the informative nature of the instructional online program, no refund will be made whatsoever in full or pro rata.
4. An outline of the instruction to be provided under this Agreement is as follows: Performing Services (ONLINE INSTRUCTIONAL VIDEO) * Grout cleaning and color restoration/protection (stain sealing) demonstration on residential and commercial application size tile. Listing of Specific Products Used (DOWNLOADABLE TRAINING GUIDE) * Full MSDS for all products used * Direction on dilution ratios and which products work best in which situation. Business Strategies (DOWNLOADABLE TRAINING GUIDE) * Factors to consider when bidding projects * Marketing techniques that have worked well for us and those that haven't * Use of several business forms (MARKETING RESOURCE DOWNLOADS) * Access to sample marketing tools * Pricing structures and strategies * Answers to frequently asked questions 5. Trainee shall refrain from using the This Old Grout trade name in any form. All products and services are provided on an “as-is” basis, and This Old Grout makes no representations or warranties of any kind regarding the same, and specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. This Old Grout does not warrant or guarantee any result of using any of the listed products. The use of these products or similar products will be the sole responsibility of Trainee.
6. It is understood and agreed that this Agreement is not intended to create any employment or agency relationship between the parties, and that Trainee will not hold himself / herself out as This Old Grout's employee or agent to any person at any time. Trainee shall have no right to any wages, salaries or benefits commonly associated with employment, and shall at all times be an independent contractor.
7. This Old Grout will not be responsible for any work done by Trainee after the training period. Trainee shall indemnify and hold harmless This Old Grout, its representatives, officers and staff from and against any and all liability arising from or otherwise relating to any and all of Trainee's work, representations, sales efforts and travel in connection with this Agreement, or in connection with Trainee's acts or omissions following completion of the DVD instructional program. This Old Grout shall have no obligation to Trainee, except that This Old Grout agrees to make itself available for consultation, by telephone or e-mail, for a period of 365 days following purchase of the instructional DVD program.
8. This Agreement shall be binding upon and inure to the benefit of each of the parties and their respective heirs, successors, and assigns; provided, however, that this Agreement may not be assigned by Trainee without This Old Grout's prior written consent. This Agreement is entered into in the State of Arizona and shall be governed by the laws of the State of Arizona. Any litigation arising out of or otherwise related to this Agreement shall be filed in the state or federal courts located in Phoenix, Arizona, and the prevailing party as determined by the Court, shall be entitled to receive from the non-prevailing party, in addition to any other relief that may be granted, reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party. If any part of this Agreement is held unenforceable for any reason, the remaining portion of this Agreement shall remain in full force and effect, and shall be carried out in a manner, which is consistent with the intentions of the parties hereto. This Agreement states the parties' entire agreement regarding the subject matter hereof, and supersedes any and all prior oral agreements. This Agreement may not be modified except through a writing executed by both parties.
9. Pre-payment for product in the amount of $750 is required for the free Online instruction offer. The product credit must be used within 1 year of the date of this agreement and will not be applied to shipping fees, finance charges or any other items other than product. Any remaining credit after the 1 year will be forfeited entirely. Product will be priced at current internet price levels until the credit is used up. After the credit has been used, pricing will be discounted to the then current contractor pricing level for 1 year in which a minimum volume of $750 of product shall be required to maintain the contractor level discount thereafter. THIS OLD GROUT MANUFACTURING, INC., an Arizona corporation Digitally signed by Ken Sherman, President Trainee's digital signature (check box)
By checking this box and clicking continue, I attest that I have read through, understand and agree to the terms and conditions above. This action will serve as my digital signature:
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Note: YOUR ORDER WILL NOT BE PROCESSED UNTIL WE RECEIVE THIS AGREEMENT.
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