Duarte Terms & Conditions of Use

Effective Date: August 13, 2025 

These Terms & Conditions (“Terms”) govern the provision and use of all services and offerings provided by Duarte, Inc. (“Duarte”), including, without limitation: (a) corporate workshops; (b) public workshops; (c) on-demand courses; (d) speaker coaching engagements; and (e) related content, whether delivered in person, virtually, or via Duarte’s learning management system (“LMS”), as well as any interactive or community features offered through the LMS. By purchasing, enrolling in, or otherwise accessing Duarte’s services, you agree to be bound by these Terms.

1. General Provisions
1.1 Definitions
For purposes of these Terms:

– “Corporate Workshop” means a Workshop purchased by a business entity for its employees, contractors, or designees under a Statement of Work (“SOW”) or similar agreement.
– “Duarte Content” includes but is not limited to training materials, templates, LMS content, presentation slides, handouts, exercises, and any other instructional or informational materials provided or displayed in connection with Duarte services 
– “LMS” means Duarte’s online learning management system or any successor platform used to deliver Duarte content
– “On-Demand Course” means any asynchronous, self-paced training made available by Duarte via the LMS.
– “Public Workshop” means a Workshop open to individual registrants through public enrollment.
– “Speaker Coaching” means personalized coaching engagements delivered by Duarte personnel, whether in person or remotely.
– “Workshop” means any Duarte-facilitated training engagement, whether delivered in person, virtually, or through the LMS.

1.2 Incorporation of Privacy Policy
Duarte’s Privacy Policy, available at https://www.duarte.com/privacy-policy/, is incorporated herein by reference. Your use of Duarte’s services constitutes agreement to the Privacy Policy.

1.3 Amendments
Duarte reserves the right to amend these Terms at any time, in its sole discretion, by posting updated Terms on its website. Such amendments shall be effective upon posting unless otherwise specified. Continued use of Duarte’s services following any such amendments constitutes acceptance of the revised Terms.

2. Corporate Workshops
2.1 Changes in Scope
Changes in the scope or specifications of a Corporate Workshop require mutual written approval by Duarte and Client. Revisions may result in a change order affecting pricing, scheduling, or deliverables.

2.2 Pricing, Invoicing, and Payment Terms
– All payment terms are subject to credit approval by Duarte.
– A non-refundable deposit equal to twenty-five percent (25%) of the total Workshop fee is due upon execution of the SOW.
– Final payment is invoiced at the conclusion of the Workshop and is due within thirty (30) days of the invoice date.
– For Clients located outside the United States, full payment is due upon execution of the SOW.
– Late payments may incur a late fee equal to the lesser of two percent (2.0%) per month or the maximum amount permitted by law.
– Client shall pay all reasonable attorneys’ fees and collection costs incurred by Duarte in recovering overdue amounts.

2.3 Taxes
Duarte’s fees exclude all applicable taxes. Client is responsible for all sales, use, VAT, and other taxes associated with the Workshop. If taxes are required to be withheld, Client shall gross-up payments so that Duarte receives the full Workshop fee.

2.4 Additional Attendees  

Workshops are purchased by class size. If Client wishes to add additional attendees to the Workshop, Client will be subject to paying additional attendee fees. Due to the shipping and logistical changes that must be made for additional attendees, Client must notify Duarte at least seven (7) business days prior to the event of adding any additional attendees. If Client adds attendees, the additional attendee fee is non-refundable unless Client notifies Duarte that an additional attendee will not be attending the Workshop at least seven (7) business days prior to the Workshop date. Client can have up to a total of thirty (30) attendees in all Corporate Workshops, except Captivate™, which has a maximum class size of eight (8) attendees.

2.5 Expenses and Shipment within the United States.
The cost of the workshop accounts for the associated expenses including shipping of materials and travel expenses of Duarte facilitator when logistics information is received by Duarte at least 14 days in advance. Shipment of Workshop materials will be FedEx Ground,14 days before the Workshop date. Should Duarte receive Workshop logistics from client 13 days or less before the workshop date, a rush charge of 10% of total workshop fee will be added to the final invoice to accommodate the increase shipping and travel charges. 

Expenses and Shipment outside of the United States. The Investment Fee does not include facilitators travel expenses or international shipping charges. Client shall reimburse Duarte for all reasonable and actual international travel and out-of-pocket expenses incurred in the performance of services. Expenses include business class airfare, ground transportation, lodging, meals, international shipping of workshop materials, and miscellaneous expenses. Shipment of workshop materials will be FedEx International Standard, thirty (30) days before the workshop date. Should Duarte receive workshop logistics from Client twenty-nine (29) days or less before the workshop date, a rush charge of 10% of the total workshop fee will be added to the final invoice to accommodate the increased shipping and travel charges. Duarte shall document expenses to Client’s reasonable satisfaction. Client will reimburse Duarte within thirty (30) days of receipt of documents supporting such expenses. 

2.6 Cancellation by Client
Cancellations must be provided in writing via email at least twenty-one (21) calendar days prior to the scheduled Workshop date. Cancellations made with less notice will result in forfeiture of the deposit and payment of any expenses incurred by Duarte in excess of the deposit.

2.7 Rescheduling by Client
Rescheduling requests must be made in writing via email. Rescheduling within twenty-one (21) calendar days of the scheduled Workshop will incur a fee equal to twenty-five percent (25%) of the total Workshop fee, plus any non-recoverable expenses.

2.8 Service Period
Corporate Workshops must be scheduled and completed within one hundred twenty (120) days of the SOW or purchase date unless extended in writing by Duarte. Unused sessions after this period are non-refundable and deemed liquidated damages.

3. Public Workshops
3.1 Payment
Full payment is due at the time of registration.

3.2 Transfers and Substitutions
Participants may transfer their registration to another Public Workshop or substitute another individual to attend in their place if notice is given at least ten (10) business days before the event. Transfers and substitutions within ten (10) business days are subject to availability and additional fees.

3.3 Cancellations and Refunds
Public Workshop registrations are refundable if canceled at least ten (10) business days before the Workshop, less a processing fee. No refunds will be issued for cancellations made within ten (10) business days of the event.

3.4 Attendance Requirements
Participants must attend all scheduled sessions to receive any applicable certificates of completion.

4. On-Demand Courses
4.1 Payment
Full payment is required at the time of purchase.

4.2 No Refunds
All On-Demand Course purchases are final. No refunds, credits, or exchanges will be issued once access has been granted.

4.3 Access Period
Unless otherwise specified, On-Demand Courses are accessible for ninety (90 days) from the date of purchase.

4.4 Prohibited Use
Participants may not share course access, copy, redistribute, or otherwise make On-Demand Course content available to any third party without Duarte’s prior written consent.

5. Speaker Coaching
5.1 Payment
Full payment is due at the time of booking a coaching package.

5.2 Expiration
All Speaker Coaching sessions must be completed within six (6) months of purchase. Unused sessions after this period will be forfeited without refund.

5.3 Rescheduling and Cancellation
Sessions may be rescheduled without penalty if notice is provided at least twenty-four (24) hours before the scheduled session. Sessions canceled or rescheduled with less than twenty-four (24) hours’ notice will be forfeited and deemed completed.

5.4 Scope of Services
Speaker Coaching is focused on skills development and delivery improvement; it does not include creation of new presentation materials unless expressly agreed in writing.

6. LMS Use and Community Conduct
6.1 LMS Access
Duarte may deliver content, including Workshops and On-Demand Courses, through its LMS. Access is granted solely for the registered participant’s personal use and may not be shared or transferred.

6.2 Community Features
If the LMS includes interactive features such as commenting, discussion threads, or peer feedback, participants agree to:
– Communicate respectfully and professionally;
– Refrain from harassment, hate speech, or discriminatory language;
– Avoid posting confidential or proprietary information;
– Not share or solicit unlawful content.

6.3 Enforcement
Duarte may remove any participant content violating these rules and may suspend or terminate LMS access, without refund, for serious or repeated violations.

7. Feedback, Intellectual Property, and Confidentiality
7.1 Feedback
Any feedback, suggestions, or testimonials provided to Duarte may be used by Duarte for any lawful purpose without obligation or compensation. Feedback is not deemed Confidential Information.

7.2 Ownership of Content
All Duarte content is owned by or licensed to Duarte and is protected under applicable intellectual property laws. 

Participants and Clients receive a limited, non-exclusive, non-transferable, royalty-free license to use Duarte Content solely for internal, non-commercial purposes, and only in accordance with these Terms. No title to or ownership of Duarte Content is transferred, and all rights not expressly granted are reserved by Duarte. 

Participants and Clients are expressly prohibited from: 

• Recording, photographing, capturing, or otherwise reproducing any portion of a Duarte Workshop, On-Demand Course, Speaker Coaching session, or other Duarte service, whether in-person or virtual, without Duarte’s prior written consent; 

• Distributing, selling, licensing, or otherwise making Duarte Content or any recordings of Duarte services available to third parties; 

• Modifying, adapting, or creating derivative works from Duarte Content. 

Any unauthorized recording or reproduction of Duarte Content will constitute a material breach of these Terms and may result in immediate termination of access to Duarte services without refund, and may subject the Participant or Client to legal action.

7.3 Confidentiality
Duarte will take reasonable care to avoid incorporating Client confidential information into Duarte Content. Enhancements to Client confidential information created during services remain the property of the Client, excluding Duarte’s pre-existing intellectual property.

8. Governing Law and Disputes
These Terms are governed by and construed under the laws of the State of California, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Santa Clara County, California, and the parties hereby submit to the exclusive jurisdiction of such courts.

9. Contact
Questions about these Terms may be directed to: Email: [email protected]

Last modified: August 13, 2025