Confidentiality, Non-Disclosure, and Terms of Use Agreement for the Detox by Rebecca Method

This Agreement is entered into between DETOX MASSAGE CORP, a California corporation, whose address is 50 N La Cienega Blvd Suite 207, Beverly Hills, CA 90211 (hereinafter “Disclosing Party”) and you (hereinafter “Receiving Party”). 

WHEREAS the purpose of this Agreement is to promote the free flow of information and techniques while providing the Disclosing Party with protection for its trade secret materials and practices, in addition to the approval of the terms of use and return policy.

The Receiving Party understands that it is their responsibility to ensure they are a qualified and licensed practitioner in their city/state/country before attending this training class. It is strictly prohibited to record and/or photograph any aspect of this course. The Receiving Party is aware that Detox by Rebecca is not an approved or licensed school, does not provide pre-licensing education, is not an approved Continuing Education (CE) Provider, and is not authorized to provide Continuing Education (CE) credits for this course. Additionally, the course completion certificate provided cannot be used to obtain or renew a license nationwide.

The Receiving Party acknowledges that access to our online training platform, along with support from the Disclosing Party’s team, will be available for 365 consecutive days once the class has been purchased.

The Receiving Party also understands that under no circumstances will a refund be issued by Rebecca Faria and/or Detox Massage Corp to the student after 15 days from the purchase of the class.

WHEREAS the Disclosing Party is a renowned practitioner of massage whose massage techniques and approaches are proprietary, unique, and not publicly available information. The Disclosing Party’s services include a variety of massage and bodywork techniques named “DETOX BY REBECCA,” aimed at enhancing the customer’s physical well-being.

WHEREAS the Receiving Party desires to learn these proprietary techniques, unique services, and confidential information involved in the specific practice of the Disclosing Party, called DETOX BY REBECCA.

As a condition of such information and knowledge being made available by the Disclosing Party to the Receiving Party, the Receiving Party agrees that all information, techniques, materials received, and services will be treated in accordance with this Agreement.

1. Definition of Protected Materials. The term Protected Materials shall mean all information concerning the particular techniques, services and products concerning massage and body therapies practiced by Disclosing Party, including the services and techniques known as Detox by Rebecca and made available to Receiving Party. The Protected Materials include, but are not limited to, all physical and visual demonstrations, descriptions, notes, summaries, compilations or other data, writings, or material prepared or utilized by the Disclosing Party.
2. Permission to Use Protected Materials. Disclosing Party gives the Receiving Party permission use the Protected Materials on their actual and new clients in the Receiving Party’s city/country.  Said permission is revocable at any time in Disclosing Party’s sole discretion.

3. Confidentiality and use of Protected Materials.

   a) Confidentiality of Protected Materials. All Protected Material (i) shall be kept strictly confidential by Receiving Party, (ii) The disclosure of the Protected Materials by Receiving Party is prohibited, (iii) Receiving Party will not use the Protected Materials for any purpose that might be directly or indirectly detrimental to Disclosing Party.(iv) Receiving Party acknowledges that this class cannot be copied, reproduced, resold, shared with anybody else. All infractions are punishable by law.

Compulsory Disclosure of Protected Material. If Receiving Party is requested in any judicial or administrative proceeding or by any governmental or regulatory authority to disclose any Protected Material (whether by deposition, interrogator, request for documents, subpoena, civil investigative demand, or otherwise), Receiving Party shall give Disclosing Party prompt notice of such request so that Disclosing Party may seek an appropriate protective order, and, upon Disclosing Party’s request and at Disclosing Party’s expense, shall cooperate with Disclosing Party in seeking such an order. If Receiving Party is nonetheless compelled to disclose Protected Material, Receiving Party shall disclose only that portion of the Protected Material which Receiving Party is legally required to disclose and, upon Disclosing Party’s request and at Disclosing Party’s expense, shall use reasonable efforts to obtain assurances that confidential treatment will be accorded to such Protected Material to the extent such assurances are available. Subject to the foregoing conditions and limitations, Receiving Party may disclose Protected Material without liability hereunder.

Other Public Disclosure. Except (a) for such public disclosure as may be necessary, in the opinion of counsel for the Disclosing Party, for the Disclosing Party not to be in violation of any applicable law, regulation or order, or (b) with the prior written consent of the other party, neither party shall make any disclosure to any person of (c) any information regarding the Protected Materials. (d)The fact that discussions, negotiations, or investigations are taking or have taken place concerning Disclosing Party or the Protected Materials, (e) The existence or contents of this Agreement, or the fact that either party has requested or received Protected Material from the other party, or (f) any of the terms, conditions, or other facts with respect  to this Agreement , including the status thereof or make any public statement concerning  this Agreement, Disclosing Party, or the Protected Material.

     4. Non-Disclosure’s Exclusions: Receiving Party’s Business Partner/Representative/Employee:

i: In case of, and before Receiving Party provides access to Protected Material and disclosing Protected Material to any Business Partner/Representative/Employee, the Receiving Party shall report to the Disclosing Party the full name of its Business Partner/Representative/Employee including a copy of the massage therapist’s license.

ii: Receiving Party agrees to pay a licensing and training fee of $2,997.00 (two thousand nine hundred ninety-seven US dollars) for each Business Partner/Representative/Employee who is given access to the Protected Material.

iii: Receiving Party shall inform its Business Partner / Representative / Employee of the contents of this Agreement and the confidentiality of the Protected Material, and shall advise its them that, by accepting possession of or access to such information, such Business Partner / Representative / Employee is agreeing to be bound by this Agreement.

iv: Receiving Party shall instruct its Business Partner / Representative / Employee to observe the terms of this Agreement and shall be responsible for any breach of this Agreement by any by them.

v: The Protected Material and the disclosed techniques shall be used solely for the purpose of enhancing Receiving Party’s massage skills.

vi: Subject to Section 2, above Receiving Party, after complying with all requirements, is authorized to advertise and identify as Certified by @detoxbyrebecca or Trained by @detoxbyrebecca 

vii: The Parties agree that all Protected Material and logos are and shall remain the property of the Disclosing Party and shall not be used without Disclosing Party’s consent.

viii: Receiving Party agrees to attribute all techniques described as “DETOX BY REBECCA” techniques on all social media postings.

   5. Non-Circumvention. Receiving Party, its designates and or assigns shall not utilize the disclosed Protected Materials directly or indirectly either as an employee, employer, consultant, agent, principal, partner, corporate officer, director or in any other business capacity other than in Receiving Party’s individual practice, Receiving Party shall not engage or participate in any business that utilizes the Protected Material other than in connection with or by agreement with Disclosing Party. Anything learned, any information, or any knowledge taken from the Disclosing Party is only for the signer of this agreement and cannot be taught or put to use by anybody other than the Receiving Party.

   6. DETOX BY REBECCA® Providing Services Rules:

• Receiving Party agrees and undertakes to set a minimum price to perform DETOX BY REBECCA method to her clients, set by $250.
• Disclosing Party authorizes Receiving Party after the training to perform DETOX BY REBECCA method in the city/geographic agree agreed to between Receiving Party and Disclosing Party. (I) Receiving Party is required to send an e-mail announcing the change of business location in order to perform DETOX BY REBECCA in cities/countries other than the ones mentioned in this Agreement. 
• Receiving Party is not authorized to use the name of Disclosing Party to promote other services or products rather than the ones of the Disclosing Party.
• Receiving Party agrees and undertakes to perform the DETOX BY REBECCA only at client’s homes, hotels or at a fully equipped professional spa’s massage room.
• Receiving Party hereby authorizes Disclosing Party and its employees to use picture/video/voice for the purpose of publicity free of any rights and/or fees.
• Receiving Party authorizes Disclosing Party to display your name, phone number, full address, website and social media accounts at Disclosing Party’s convenience.
• Receiving Party is allowed to ask any question to the Disclosing Party for up to 1 year over the following email only: training@detoxbyrebecca.com.
• Receiving Party is authorized to use the following name on website and social media: Trained by @detoxbyrebecca or Certified by @detoxbyrebecca 
• Receiving Party acknowledges and agrees that the training provided herein does not grant certification to perform lymphatic drainage on pregnant women or individuals who have recently undergone surgery. It is understood that the content of this training does not encompass the specialized techniques and considerations necessary for working with pregnant clients or post-surgery patients.

   7. Good Faith. Receiving Party agrees that no effort shall be made to circumvent this agreement or the terms hereof in effort to gain fees, commissions, remunerations, or other consideration without attribution to Disclosing Party.

   8. Business Licenses, Permits, and Certificates. The Receiving Party shall comply with federal, state, and local laws requiring any required licenses, permits, and certificates necessary to perform the Services under this Agreement.

   9. Remedies and Liquidated Damages. Receiving Party agrees and understands that any breach of any provision of this Agreement committed by Receiving Party, this Agreement will be immediately terminated, and all permissions set forth herein will be immediately revoked.  Both parties agree that if this Agreement is breached, the non-breaching party shall be entitled to liquidated damages in the amount of $6,000.00 per proven violation, which both Parties acknowledge is a reasonable estimate of damages, plus attorneys’ fees and costs incurred as a result of that breach, including but not limited to those fees and costs incurred in recovering and collecting such liquidated damages, and that in addition to all other remedies which any party hereto may have, Disclosing Party shall also be entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such breach.

   10. Miscellaneous.

(a) Receiving Party understands, agrees, and undertakes to sign any updated Agreement/Addendum, at Disclosing Party’s discretion, whenever Disclosing Party reviews all terms of this agreement and update it or change it.

(b) Receiving Party understands that not for any reason will a refund be made by Disclosing Party after the class has been scheduled.

   11. Governing Law; Forum, Attorney’s Fees. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to the conflicts of laws principles thereof. Each party hereto consents and submits to the jurisdiction of the courts of Los Angeles County, State of California and the courts of the United States located in such County for the adjudication of any action, suit, or proceeding arising out of or otherwise relating to this Agreement. In the event that any party commences any mediation, arbitration, administrative proceeding, investigative proceeding or judicial proceeding (“Proceeding”) to enforce or interpret any provision of this Agreement or any other agreement arising under or relating to this Agreement, the prevailing party in such Proceeding shall be entitled to recover attorneys’ fees and related costs, in addition to any other relief to which such prevailing party may be entitled. 

   12. Non-Solicitation. The Receiving Party agrees that from the date of this Agreement, they will not ever, in any way, directly or indirectly:

• Interfere with or disrupt Disclosing Party’s relationship with their students and customers.
• Divert or attempt to divert from Disclosing Party or any business that Disclosing Party has secured, solicited, or attempted to solicit, from their customers.
• Discuss employment opportunities or provide information about competitive employment to any of Disclosing Party’s employees or contractors.

13. Counterparts. This Agreement may be executed by electronic signature or wet signature in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

The Disclosing Party reserves the right to change/update the terms & agreement at any time with or without notification.

By moving forwarding here. I also agree with the Terms & Conditions and Privacy Policy listed here: 

https://detoxbyrebecca.com/terms-conditions/

https://detoxbyrebecca.com/privacy-policy/