II. Granting Certification

By signing this agreement, CTs agree to align their intentions and actions with the terms and conditions outlined in Section I above. In response, CNVC grants the CT the non-exclusive and non-assignable right to use the name, registered trademark and service mark, and training materials of CNVC.

1. Reservation of Rights

Except for the title of “CNVC Certified Trainer” or “Certified Trainer” specifically granted by this Agreement, CNVC reserves all rights in its name, registered trademark and service mark, and copyrighted training materials.

2. Goodwill of CNVC

It is expressly agreed by the parties that an important asset of CNVC is its goodwill and that it may become necessary for the CT to take action to protect that goodwill. If CNVC becomes aware of reasonable grounds to believe actions of the CT may cause damage to CNVC’s goodwill, CNVC is free to take action to notify the CT of the injury, loss or harm and seek to solve the problem using the Nonviolent Communication process.

3. Term of Agreement

This Agreement is in effect until CNVC updates it. Each year on the Annual Trainer Survey, CNVC will ask each trainer to reaffirm that they are willing to act in alignment with this Trainer Agreement. An opportunity will be provided on the survey to give feedback or make suggestions for changes to future versions of this Agreement.

III. RELATIONSHIP OF THE PARTIES LIMITATION

It is understood and agreed by the parties that this Agreement does not create a partnership, joint venture, agency, employment, or fiduciary relationship of any kind between them, and nothing in this Agreement is intended to make either party a general or special agent, joint venturer, partner, or employee of the other for any purpose.

1. No Liability Legal and Financial Relationship between the parties

Certified Trainers are practitioners who are affiliated with CNVC through the Certification process. When CNVC designates people as CTs, the organization provides credibility and visibility to them as people who the organization trusts and recommends to the general public to share Nonviolent Communication.

Each trainer operates independently in their own business structures from a financial and legal standpoint. CNVC encourages trainers to establish business structures, acquire liability insurance when it is relevant, and use resources that support them in their work of sharing NVC in the world. However, CNVC does not currently provide these resources for CTs.

CNVC assumes no liability for any debt or obligation incurred, or warranty, guarantee, or representation given by the Certified Trainer in connection with the use of their status of Certified Trainer as described in this Agreement. CTs indemnify CNVC against all claims, liabilities, and costs arising from CNVC Certified Trainer malpractice or conduct which is not in harmony with the values of NVC or the contents of this agreement. In addition, CNVC recommends that CTs obtain professional liability insurance.

 

IV. NOTIFICATION OF BREACH OF AGREEMENT

CNVC may issue a Notification of Breach of Agreement if the organization has reasonable grounds to believe that the CT has taken actions that could damage the reputation of CNVC, or has taken actions which create liability issues for CNVC.

 

1. Method of Notification

The CT will be notified by email, using the email address provided by the CT to CNVC and will be asked to respond within 14 days. It is the responsibility of the CT to ensure that their email address is up to date in the CNVC database.

 

2. Process

When CNVC perceives that a CT has violated one or more terms of this agreement, one Board Member and the Executive Director will reach out to the CT to discuss the situation, explore solutions, and seek to make agreements that address the organization’s concerns and also is consistent with the CT’s needs.

If this does not lead to a mutually satisfying result, the next step is to initiate a restorative process to which the following parties are invited:

• CT who is perceived to have violated the Trainer Agreement
• Person who is perceiving the violation of the Trainer Agreement
• One or more Board Members
• Executive Director
• Facilitator trained in Nonviolent Communication-based restorative practices or mediation and agreeable to all parties (if a person cannot be agreed upon by CNVC and the CT, the Programs Resource Circle will be asked to appoint a facilitator)

If the CT who is perceived to have violated the Trainer Agreement is not willing to participate in the Restorative Circle, or if the Restorative Circle does not result in mutually agreeable outcome, CNVC will engage an arbitrator from the International Centre for Dispute Resolution and all parties agree to abide by the outcome of this process.

 

V. SUSPENSION OR REVOCATION OF CERTIFIED TRAINER STATUS

If procedures for addressing the issues as described above have failed, CNVC will notify the CT that their status as a Certified Trainer is suspended. Notification shall be by the method deemed to be the most likely to give actual notice to CT and will include email notification.

1. Duty of CT upon Notification of Suspension

Upon receiving notification from CNVC that this Agreement is suspended, the CT shall immediately cease to use any of the items in connection with the promotion or delivery of CT’s training activities, including but not limited to the following:

• Use of the CNVC logo
• Claiming that they are a current CNVC Certified Trainer

2. Eligibility for restoration of Certified Trainer status after Suspension

The CT is not disqualified from consideration for a renewed agreement by CNVC in the future as a result of having been suspended, and the decision regarding the appropriateness of future status is fully within the discretion of CNVC and will be exercised in a manner consistent with the Mission and Code of Ethics of CNVC.