Fairfield Inn   $99 per night 1405 S. Westwood  Mesa, Az. 85210 Phone: (480) 668-8000     Ask for This Old Grout rate. Complimentary breakfast Swimming pool Walking distance to restaurants Across the street from a major mall

Agreement

This INSTRUCTIONAL AGREEMENT (this “Agreement”) is entered into on by and between This Old Grout Mfg., Inc., an Arizona corporation (“This Old Grout & Stone"), 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 by hands-on instruction utilizing the Stone House located in Tempe, Az.

2. (a) Trainee agrees that all materials (including, without limitation, any and all books, workbooks, manuals, posters, graphs, computer software, and DVD video and audiocassettes) provided by This Old Grout & Stone 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 & Stone, except as expressly authorized by this Agreement or by This Old Grout & Stone.

(b) Trainee acknowledges and agrees that This Old Grout & Stone 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 & Stone.
 

3. Because success is directly tied to efforts, motivations, integrity and drive, This Old Grout & Stone in no way can guarantee Trainee's success in any endeavor. This Old Grout & Stone will simply describe and demonstrate our methods and techniques that have made us so successful of how to use our products and restoration processes.  Because of the informative nature of the Stone House training program, no refund will be made whatsoever in full or pro rata.

4. An outline of the training and instruction to be provided under this Agreement is as follows:

• Stone and Tile Identification

• Diamond Honing, scratch and lippage removal

• Utilizing honing powders, polishing

• Cleaning and sealing stone, tile and grout

• Stone specialty products

• Counter top and shower restoration

• Tile and Grout restoration, grout repair, cleaning and sealing

• How to realistically bid jobs and profit

• Customer Service, making the customer a partner

5. All product prices are subject to change. All orders will be shipped freight pre-paid, FOB Chandler, Arizona, payable per invoice terms (net 30 OAC), or will-called from our Chandler facility between the hours of 10:00 a.m. and 3:00 p.m Arizona time.

6. 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 & Stone 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 & Stone 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.

7. 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 & Stone'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.

8. This Old Grout & Stone will not be responsible for any work done by Trainee after the training period. Trainee shall indemnify and hold harmless This Old Grout & Stone, 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 Stone House training program. This Old Grout & Stone shall have no obligation to Trainee, except that This Old Grout & Stone agrees to make itself available for consultation, by telephone or e-mail, for a period of 365 days following the completion of the Stone House training program.

9. 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 & Stone'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.

10. Pre-payment for product in the amount of $500 is required for the Stone House training program 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.