The Superyacht Mentor Mentoring Terms & Conditions
​The following Terms and Conditions are entered into by and between You (“Client” or “You”) and SME.exec Ltd of 21 Church Road Poole BH14 8UF trading as The Superyacht Mentor with registered business number: 14423911 (“Company”, “we”, or “us”).
‘The Company’ refers to the Director and/or any mentors working for SME.exec Ltd t/a The Superyacht Mentor
‘We’ refers to the private limited company SME.exec Ltd t/a The Superyacht Mentor
‘I’, ‘you’ and ‘the Client’ refer to the person or persons or business seeking mentoring, guidance and or support.
Mentoring
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The Company agrees to provide you with access to mentors who provide superyacht industry specific support and guidance, entitled “Mentoring Services”, (“Mentorship”). As a condition of participating in Mentorship, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Terms of Use, Privacy Policy, & Disclaimer
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The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in Mentorship. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Nature of The Relationship
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Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to Mentorship, which provides superyacht industry specific support and guidance. The information contained in Mentorship, including any interactions with the mentors, is not intended as, and shall not be understood or construed as, professional or personal advice.
Fees
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In consideration of Your access to Mentorship, you agree to pay the following fees.
You agree to make a single payment equivalent to £225.00/hr/session (exclusive of VAT), which shall be due and payable upon booking via the platform www.thesuperyachtmentor.com before you will be granted access to Mentorship sessions.
No Refunds
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All sales are final, and the Company does not offer any money-back guarantees. You recognise and agree that you shall not be entitled to a refund for any purchase under any circumstances.
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Mentorship Guidelines
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As part of Mentorship, the Company will provide access to mentors that adhere to a form of mentoring that honours the mentee as the expert in relation to his/her personal and professional life. The mentor believes that every mentee is creative, resourceful and with guidance can discover their own solutions.
Standing on this foundation the mentor and mentee:
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Will meet virtually online, subject to availability of the platforms booking calendar.
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Understand the content of the conversations are to be kept strictly confidential between you both.
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The mentor will signpost the mentee to other support services if they feel they are better qualified to support the mentee
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Have discussed how confidential information will be communicated and stored and what should happen to this at the end of the mentorship engagement.
The Mentor’s responsibilities are:
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Discover, clarify, and align with what the mentee wants to achieve.
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Work with the mentee to help them make those changes.
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Help the mentee to develop the skills they wish to improve.
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Always treat the mentee with dignity, respect and equality.
The Mentee’s responsibilities are:
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Take full responsibility for all actions to resolve your own problems.
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Complete all actions and activities as agreed after each session.
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Stay motivated to work through the outcomes from the mentoring sessions.
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Understand that your mentor will offer guidance and experience however, it is your choice whether you follow this guidance or not.
Review and feedback
This element reviews the process and progress of each of the sessions in order to ascertain what went well, what worked, what didn’t, and how you can make future sessions more effective. This usually takes five to ten minutes at the end of each session.
Ownership Of All Intellectual Property
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All content included as part of Mentorship, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in Mentorship, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in Mentorship are the trademarks of their respective owners.
Your participation in Mentorship does not result in a transfer of any intellectual property to You, and, as a condition of participation in Mentorship, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use Mentorship content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in Mentorship.
The Company content is not for resale. Your participation in Mentorship does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to Mentorship will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Confidentiality
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in Mentorship, you hereby agree to respect the privacy of the mentor and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by the mentor outside of the bounds of Mentorship unless you receive express written permission from such mentor to share the information. Similarly, the content of Mentorship contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in Mentorship with anyone other than the Company, it’s owners and employees, and other Mentorship participants.
Personal Responsibility
By participating in Mentorship, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in Mentorship or not. The Company provides support and guidance that are intended to help participants in Mentorship succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in Mentorship are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the support, guidance, advice or information available in Mentorship. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in Mentorship.
The Company is committed to providing all participants with a positive experience. Therefore the Company may, at its sole discretion, limit, suspend or terminate Your participation in Mentorship without refund or forgiveness of remaining payments if:
-You become disruptive or difficult to work with;
-You fail to follow Mentorship guidelines; or
-You impair the participation of our mentors or participants in our Mentorship(s).
Materials Provided By You During Mentorship
The Company does not claim ownership of the non confidential information or materials You may provide during Mentorship (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of Mentorship – in Mentorship and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
No Warranties
The Company makes no warranties regarding the performance or operation of Mentorship, including any technological aspects of Mentorship. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through Mentorship. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of Mentorship and/or any information and resources contained in Mentorship. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of Mentorship.
The information, guidance, advice, software, products, and service included or available through Mentorship may include inaccuracies or typographical errors. Changes are periodically added to the information in Mentorship. The Company and/or its suppliers may make improvements and/or changes in Mentorship at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in Mentorship for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of Mentorship, with the delay or inability to use Mentorship or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through Mentorship, or otherwise arising out of the use of Mentorship, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages,
the above limitations may not apply to You. If you are dissatisfied with Mentorship or any portion of it, your sole and exclusive remedy is to discontinue using Mentorship.
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Arbitration
​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to Mentorship.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in London, England. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, mentors, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use Mentorship and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to Mentorship and the related services or any portion thereof at any time, if You become disruptive to the Company or other Mentorship participants, if You fail to follow Mentorship guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Entire Agreement​
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to Mentorship, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to Mentorship. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Force Majeure
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Effective Date
This Agreement shall commence and be enforceable with respect to each mentee participant upon the date that the mentee initially registers for Mentorship.
Revision 1.2
29th Sept 2024