Folio [Order folio] · Version 2.0 · Acceptance date: [Acceptance date]
Agreement entered into by Elements Method (the "Organizer"), with Mexican tax ID (RFC) ‹ORGANIZADOR_RFC› and address at ‹ORGANIZADOR_DOMICILIO›, and [Buyer name] (the "Participant"), email [Email], in connection with the latter's participation in the program [Program purchased] (the "Program"). Jointly, the "Parties". This English text is a courtesy translation; the Spanish version governs.
Background
The Program takes place in an environment of trust in which participants share personal experiences and in which the Organizer applies a proprietary methodology. Protecting what is shared there is an essential condition of the Program, so the Parties agree as follows:
Clauses
First. Confidential Information
For purposes of this Agreement, "Confidential Information" means:
- The Methodology: the Elements Method and its components, including frameworks, protocols, sequences, dynamics, session scripts, manuals, workbooks, recordings, presentations, diagnostic tools and any material delivered or shown during the Program, as well as the Organizer's commercial, operational and supplier information, whether or not marked as confidential. Such information constitutes a trade secret under Articles 163 to 169 of the Mexican Federal Law for the Protection of Industrial Property.
- Third-Party Personal Information: the identity, participation, stories, experiences, opinions, health status, personal or professional situation and any statement of other participants, facilitators or collaborators, expressed or learned during the Program.
- Participant Information: the personal data and personal statements the Participant shares with the Organizer or its facilitators during the Program.
Second. Participant obligations
The Participant undertakes to:
- Keep the Methodology and Third-Party Personal Information strictly confidential, and not disclose, publish, discuss or transmit it to third parties by any means, including social media and messaging applications.
- Use the Methodology and materials exclusively for their personal development, without reproducing, adapting, commercializing or using them to design or deliver programs, workshops, courses or services of their own or of third parties.
- Not make audio or video recordings, photographs or screenshots of sessions, materials or participants without the Organizer's express written authorization.
- Not identify, mention or refer to other participants, nor link them to the Program, without their prior consent. The Participant may share their own experience, provided they do not reveal Confidential Information.
- Return or destroy, at the Organizer's request, any materials provided on loan.
Third. Organizer obligations
The Organizer undertakes to:
- Treat Participant Information confidentially, limiting access to the facilitators and collaborators who need it to deliver the Program, who are bound by equivalent obligations.
- Process the Participant's personal data under the Mexican Federal Law on the Protection of Personal Data Held by Private Parties and the Privacy Notice available at http://localhost:3000/en/privacy.
- Not disseminate the Participant's image, voice, name or testimonial without their express, separate authorization.
Fourth. Exceptions
Confidential Information does not include information that: (i) is or becomes public without breach of this Agreement; (ii) the receiving party can show it lawfully knew beforehand; (iii) is lawfully received from a third party without a confidentiality obligation; or (iv) must be disclosed by law or order of a competent authority, in which case the obliged party shall notify the other, where legally possible, and limit disclosure to what is strictly required.
Fifth. Term
Obligations regarding the Methodology and the Organizer's commercial information remain in force during the Program and for 5 years after its conclusion, or for as long as the information remains a trade secret, whichever is later. Obligations regarding Third-Party Personal Information and Participant Information are indefinite.
Sixth. Intellectual property
This Agreement neither transfers nor licenses any intellectual or industrial property right. The Methodology and materials are the exclusive property of the Organizer or its licensors and are protected by the Mexican Federal Copyright Law and the Federal Law for the Protection of Industrial Property.
Seventh. Breach
Breach of this Agreement entitles the affected party to demand the immediate cessation of the conduct, request any applicable provisional measures and claim compensation for damages under Articles 2104 to 2110 of the Mexican Federal Civil Code, without prejudice to any applicable civil, administrative or criminal action. A serious breach by the Participant is also grounds for exclusion from the Program under the Participation Agreement.
Eighth. Electronic acceptance
The Participant's expression of will by ticking the "I have read and accept" box constitutes express consent under Articles 1803 and 1834 Bis of the Mexican Federal Civil Code and Articles 89 to 95 of the Mexican Commercial Code. The Organizer shall keep the data message with the accepted version, the date and time of acceptance and the document's digital fingerprint (hash), and shall send a copy to the Participant.
Ninth. General provisions
This Agreement supplements the Participation Agreement and survives its termination. If any clause is declared void, the remaining clauses shall remain in force. It may only be amended in writing. In case of discrepancy between the Spanish version and its English translation, the Spanish version shall prevail.
Tenth. Governing law and jurisdiction
This Agreement is governed by the laws of the United Mexican States. For any dispute the Parties submit to the competent courts of Mexico City, waiving any other venue to which they may be entitled by reason of their present or future domicile, without prejudice to the Participant's non-waivable rights as a consumer.
Acceptance
Accepted in Mexico City, on [Acceptance date].
The Organizer: Elements Method, represented by ‹ORGANIZADOR_REPRESENTANTE›.
The Participant: [Buyer name] · [Email] · Folio [Order folio].
