Quote:
Originally Posted by Ricky Breslin
The problem came after I talked with my lawyer last week who strictly deals with copyright issues, etc. He said it's not really legal to give someone a certificate of training/completion with something like this because you can't prove they actually went through the course and were trained. Then they could simply hang this certificate up in their store/shop and we could be liable in one manner or another. |
Ricky,
That's what lawyers do, try to protect you...so make sure you have some way of proof that they did, indeed, complete the course. A couple of examples.
When I created the Remote Direct Marketing Professional Home Study Course, we included a blank "diploma" with the course. Once the student had successfuly completed the assignment, we sent them the "certificate" that was signed by the President of the Company (Benjamin D. Suarez) the COO, the Executive of the Department and myself...and I had the responsibility of "grading" the papers and work.
Now this program was based upon a seminar that was done at Walsh University and the promotional piece used was recognized as a "unique creative" piece at the time (since has had many imitations).
We mailed an unsigned certificate in a large envelope, along with the promotion. The recipent could see his name on the certificate. The seminar was for over 500.00. It was six days spread over 3 months. Two days in a row, and then the next month, two days, and then the 3rd month, 2 days.
The REASON it was done this way: at the first session attendees were given an assignment, they had a month to learn the material and prepare their project. The second session it was turned in, and we then graded them, and at the third session, we passed out completed "certificates".
This then evolved into the Remote Direct Marketing Professional Home Study Course and the "diploma" was for a Creative Marketing Professional who had completed our program. What the certificate meant to others in the industry was this: our students knew and understood the basics of direct response industry, had demonstrated that knowlege, and had completed an exam to demonstrate they had or had access (via the course) to this knowledge.
Rick, consider this: every Doctor/Attorney in America has at least one diploma/certificate/license hanging on their wall...and scores of LAWYERS will be banned this year from practicing and thousands of doctors will pay millions of dollars (via their insurance) for their incompetence.
If a LAWYER can't protect himself from being sued for many reasons, how are you going to protect yourself? You can't! So make your 'training' cert as benign as possible, and I agree with the concept of an "Association", which I've written about for the last two decades. In fact, my first pre WWW best seller was:
How to Start a Cult for FUN and Profit. And it detailed how clubs, associations, "membership" type orgainzations, including fan clubs, secret societies, or trade and/or knowledge associations could be the ticket to living happily ever after.
An "insider" association gives you the ability to toss someone out who violates your TOS, and helps your attorney to ease your future liability issues. It works for the Bar Associations and the Medical Associations.
gjabiz