Permission Agreement to Use the Name – ‘Watson Headache® Certified Practitioner’ for Level 3 Certification Course Attendees
This permission agreement (“Agreement“) sets out the terms and conditions for your use of the name Watson Headache® Certified Practitioner (“Name“).
It applies in conjunction with the Institute’s “Intellectual Property Notice”, “Marketing Permission Given to Course Attendees” and “Charter for Use of Content” and is at all times also governed by the “Conditions of Use”.
All those Institute legal documents remain binding on you. The commencement date of this Agreement is indicated on the Level 3 Certificate of Attendance (“Certificate”) and takes effect on receipt of your certificate, Ref Folio: <Insert Certificate Number>. The parties to it are you personally and Watson Headache Institute Pty Ltd A.B.N. 38 103 196 792 (“Institute”) which includes its successors and assigns. This Agreement is made for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Your confirmatory communications or conduct binds you to this Agreement.
- Permission: Having demonstrated an understanding of the fundamental theory and practical tenets of the Watson Headache® Approach, permission is hereby granted to you to use the Name for so long as you comply with all provisions of this Agreement. You are certified as an individual Practitioner, not as an Educator or Researcher (see “Conditions of Use”), nor is your place of clinical practice. This permission is additional to and does not replace the “Marketing Permission Given to Course Attendees”.
- Duration: This Agreement operates so long as you comply with all provisions unless there is a new permission granted or an extension of this Agreement.
- Name: The Institute provides no warranty or assurance that use of the Name is permitted in your circumstances or by your profession. Your use of the Name is: (a) at your sole risk and responsibility; (b) does not make the Institute, its directors, employees, contractors or representatives liable for your services for patients or your compliance with any and all applicable regulations; and (c) at all times you must comply with your profession’s regulations, policies and requirements and with law generally. Further, at all times the Name must be used only as follows: (a) as four words in the set order; (b) with each word capitalised; (c) in a manner that complies with trade practices and fair trading law (eg the use must not be misleading or deceptive); (d) only alongside your name, not your clinical practice name or the name of others in your clinical practice who are not permitted to use the Name; and (e) never alongside your name or any entity with which you may be associated individually or collectively as an Educator or Researcher.
- Intellectual Property: (a) The registered trade mark symbol (“R” in a circle) must be used after the first two words Watson Headache®. (b) You must immediately rectify any non-compliant or unauthorised use of the Name with any entity, service, product, website or social media or any unauthorised use of Institute’s copyright work (including publications, text, images and video), brands, trade marks, domain names or other intellectual property.
- Payment: No payment is required for this Agreement. Payment will be invoiced for any new agreement or Agreement extensions including for any re-certification.
- Termination: If you breach this Agreement the Institute may immediately terminate this Agreement. On termination or expiry of this Agreement: (a) you must cease to refer to yourself as a Watson Headache® Certified Practitioner; and (b) you may continue to state you have completed the Institute’s Level 3 Certification Course, so long as you have not breached and do not in future breach Institute intellectual property or other legal rights.
- Transfer: The Institute may assign, subcontract or otherwise transfer this Agreement but you may not.
- Governing Law: This Agreement must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to this Agreement it will be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
Watson Headache® – Revised 1st March 2024