SERIESFITNESS™ GROUP

TERMS & CONDITIONS

Thank you for choosing a SeriesFitness™ Group training program or coach workshop. By purchasing, enrolling in, or participating in a training program, video, music or coach workshop from SeriesFitness™ Group (SeriesFitness™ Group) [collectively, “SeriesFitness™ Group”, “we”, “our” or “us”), you agree to the provisions of these Terms and Conditions (the “Agreement”).

THIS IS A LEGALLY BINDING CONTRACT THAT YOU MUST FOLLOW. We reserve the right to change this Agreement at any time without notice to you and the updated version of this Agreement will apply in full force and effect. If you do not agree with the terms of this Agreement, please do not purchase, enroll or participate in a SeriesFitnessTM Group training program or coach workshop

INFORMATION ABOUT US

We are a company registered in Colombia. Our Número de Identificación (NIT) in Colombia is 72218592.

 

If you have any questions or complaints please contact us by e-mailing info@seriesfitness.com.

YOUR PERSONAL INFORMATION

To view our Privacy Policy click

GENERAL PROVISIONS

Non-Disparagement

1 While SeriesFitness™ Group welcomes constructive input and suggestions, you must not make negative comments and remarks in any forum (oral, online, written or while providing instruction or training) about the SeriesFitness™ Group brand or any of its related training programs, SeriesFitness™ Coach Workshops, SeriesFitness™ Group personnel (e.g., directors, owners, employees, consultants, partners), Master Trainers, Materials or other products or services associated with SeriesFitness™ Group.

Acknowledgement

1 You understand, acknowledge, and agree that:

a. SeriesFitness™ Group reserves the right to suspend, revoke or terminate your SeriesFitness™ Coach status and/or any other rights or licenses you receive under this Agreement;

b. You have no right to and may not “certify” others in the SeriesFitness™ Coach Workshop program or teach or instruct any person or entity to become a SeriesFitness™ Coach, unless you are a SeriesFitness™ Group-approved SeriesFitness™ Master Trainer;

c. SeriesFitness™ Group does not guarantee any level of success or income generated by or in connection with the SeriesFitness™ Coach Workshop program or being a SeriesFitness™ Coach;

d. You may not sub-license, rent, transfer or otherwise allow any third party to use your rights under this Agreement, including your SeriesFitness™ Coach status, SeriesFitness™ Intellectual Property or Materials;

f. You may not use any material you received in connection with the SeriesFitness™ Coach Workshop program in connection with any fitness instruction other than the instruction you provide as a SeriesFitness™ Coach of your selected program.

Insurance

1 SeriesFitness™ Group requires that you obtain valid professional liability insurance to cover your SeriesFitness™ Coach activities and promotional activities and that you include “SeriesFitness™ Group and its affiliates and subsidiaries” as additional insured entities. SeriesFitness™ Group does not and cannot offer or provide you with that insurance. Since you are an independent contractor, you expressly acknowledge and agree that you are not insured under any of SeriesFitness™ Group's insurance policies and waive any and all right to claim coverage of any kind thereunder.

Representations and Warranties

1 You acknowledge, covenant, represent and warrant that:

a. you have the full authority to enter into this Agreement and entering into this Agreement does not violate or conflict with any other agreements or obligations to any third parties;

b. you, any services you provide and your SeriesFitness™ Coach and advertising activities comply with all applicable international and local laws, rules and regulations; and

c. you have not engaged in and will not engage in any activity, commitment or agreement inconsistent with or in derogation of the rights granted in this Agreement.

2 SeriesFitness™ Group acknowledges, covenants, represents, and warrants that it has the full authority to enter into this Agreement.

Indemnification

1 You agree to indemnify and hold harmless SeriesFitness™ Group, its parents, affiliates, subsidiaries, representatives and assigns, employees, officers, owners, attorneys or any person(s) or companies acting with its permission or authority, from any third party claim, action, demand, loss, or damages (including legal fees) arising from or relating to your participation in a SeriesFitness™ Coach Workshop or training program/video, any instruction, classes, activities, promotional activities, or other services provided by you in connection with the SeriesFitness™ Coach Workshop program or training program/video, any violation by you of this Agreement, your SeriesFitness™ Coach status and promotional materials or activities, or your violation of any rights of a third party.

Assumption of Risk/Waiver

1 You understand and acknowledge that particular aspects of the SeriesFitness™ Coach Workshop program and training program/video, including the Coach Workshops themselves, will include physical activity and possible use of equipment, and that there are certain risks associated with those activities and equipment, including risk of serious personal and/or bodily injury, death, or damage to or loss of property. You expressly and voluntarily assume all risk and, to the extent permitted by law, waive any and all actual or potential claims against SeriesFitness™ Group (including its parents, affiliates, subsidiaries, representatives and assigns, employees, officers, owners, attorneys or any person(s) or corporation(s) acting with its permission or authority) arising from or related to your participation, instruction, classes, or activities in the SeriesFitness™ Coach Workshop program or a training program/video, including the associated physical activity and equipment.

Limitation of Liability

1 SeriesFitness™ Group specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. SeriesFitness™ Group assume no liability or responsibility for any errors or omissions in their Website; any losses or damages arising from the use of the Website or from taking part in any SeriesFitness™ Coach Workshop, workout class, video workout, activity or affiliated task; any harm to your reputation or losses resulting from any disclosure of information about you by us as permitted in these Terms of Service. We reserve the right to deliver the Website and our services in our sole and absolute discretion.

2 In no event shall SeriesFitness™ Group, its directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, you taking part in any SeriesFitness™ Coach Workshop, workout class, video workout, activity or task or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.

3 SeriesFitness™ Group does not seek to exclude liability for fraud or fraudulent misrepresentation. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

4 By permitting you to access the Website or perform any tasks or take part in activities we are not representing or warranting that you are suitable to, or permitted by law to, volunteer to perform such tasks or work with vulnerable persons. It is solely your responsibility to ensure that you are compliant with applicable law.

Your Relationship with SeriesFitness™ Group

1 You acknowledge and agree that your participation in the SeriesFitness™ Coach Workshop program, status as a SeriesFitness™ Coach, purchase of a program/video or participation in a class do not establish an employer/employee, partnership, franchise, agency, joint venture or other similar relationship between you and SeriesFitness™ Group. Neither party shall have, or represent itself as having, the authority to bind or commit the other party in any way or to incur any liability in the name of or on behalf of the other party.

Governing Law

This Agreement shall be governed and interpreted in accordance with the laws of Singapore and/or Colombia. In the event of a dispute arising out of or in any way relating to this Agreement or the SeriesFitness™ Coach Workshop program, the parties consent to the exclusive jurisdiction and venue of a court of competent jurisdiction in Colombia.

Notices

1 All notices, requests, demands and other communications given or made under this Agreement shall be in writing. Notices must be made in person or by mail or courier in a manner that permits the tracking and delivery of the notice. Notice to SeriesFitness™ Group shall only be effective upon receipt and if receipt can be established.

2 Notice to you may be made to your physical or electronic address as most recently recorded in our system by you. You agree to keep your electronic mail current and that notice by us to that electronic mail address is deemed received the day it is sent. Notice to you shall be effective if dispatched according to contact information most recently provided by you and you waive any defense based on not receiving that notice if your contact information is not current.

Entire Agreement

1 This Agreement, together with SeriesFitness™ Group's Privacy Policy and Website Terms of Use, constitute the entire agreement between the parties concerning the subject matter of this Agreement. The parties affirm that there are no side or collateral agreements, understandings, courses of dealing or trade usages that modify, vary, explain or supplement this Agreement and that no prior communications or documents constituted any agreement regarding the subject matter of this Agreement. You agree that SeriesFitness™ Group may add, delete, modify, revise, amend or supplement this Agreement (“amendments”) without notice or by providing notice to you at the main website at any time and in our sole discretion. You further agree that continuing with SeriesFitness™ Group's training programs after any such amendments are posted constitutes your acceptance of those amendments. You agree to regularly check for notices of amendment and waive any defense to non-compliance with those amendments based on not receiving notice. Where the provisions of this Agreement are contrary to or inconsistent with the provisions of any other agreement(s) between the parties, the provisions that control your conduct will be those of the operative contract governing the particular activities.

TERMS & CONDITIONS FOR SERIESFITNESS™ COACHES

 

COACH TRAINING WORKSHOPS

 

Overview

1 Subject to this Agreement, by enrolling in and completing a SeriesFitness™ Coach Workshop, you will receive discounted access to a digital resource library of (1) workout videos and (2) music relevant to your chosen program. At your Coach Workshop, you will learn how to successfully teach the selected program. During the Workshop you will be assessed by a SeriesFitness™ Master Trainer. After successfully completing all requirements of the Workshop, you will have the right to advertise yourself as a SeriesFitness™ Coach for the selected program (subject to the limitations below) and conduct your own live training for the selected program only.

Becoming a SeriesFitness™ Coach

1  To become a SeriesFitness™ Coach, you must:

a. Be at least 18 years old

b. Enroll in a SeriesFitness™ Coach Workshop for the selected program  

c. Attend and successfully complete the SeriesFitness™ Coach Workshop for the selected program  

Becoming a SeriesFitness™ Master Trainer

1 To become a SeriesFitness™ Master Trainer, you must:

a. Be at least 18 years old

b. Successfully enroll in, attend and complete Levels 1, 2 and 3 of the Coach Workshops for the selected program

SeriesFitness™ Coach Workshops

1 The SeriesFitness™ Coach Workshops are live sessions conducted by one or more SeriesFitness™ Master Trainers. You may only attend the Workshop you have scheduled. You must show identification upon arrival. You must show up on time and attend the Workshop in its entirety to get credit for your attendance.

2 During the Workshop, you will explore in detail the techniques of the selected SeriesFitness™ program and apply what you have learned in practical demonstrations. Your review and thorough understanding of the relevant course manual and other course materials will help you become a successful SeriesFitness™ Coach.

3 During the Workshop, a SeriesFitness™ Master Trainer will assess your participation, knowledge and skill to become a Coach. You will be required to actively participate in all activities, which may include role-play, practical applications and feedback sessions. You will receive onsite feedback. If SeriesFitness™ Group determines in its sole and absolute discretion that you have successfully completed the Workshop and are fit to be a SeriesFitness™ Coach, you will be deemed a “SeriesFitness™ Coach.” If you do not successfully complete the Workshop as determined by SeriesFitness™ Group in its sole and absolute discretion, you will either:

a. be required to retake a Workshop; or

b. receive a “pending” status which will apply until you have successfully completed any missing requirements as determined by SeriesFitness™ Group in its sole discretion, at which point you will receive your Coach status.

 

Cancellation of SeriesFitness™ Coach Workshops

Our Workshops are run by external educators and all cancellation policies are specific to those educators. Please refer to the terms and conditions when booking your Workshop.

 

INTELLECTUAL PROPERTY, LICENSES AND RESTRICTIONS

Ownership of Intellectual Property

1 You agree that SeriesFitness™ Group is and at all times will be the sole owner of (a) all trademarks, trade names, trade dress, logos, other indicia of origin, designs, inventions, patents, original works of authorship and other copyright-protected materials, trade secrets, methods and processes, concepts, ideas, know-how, and other intellectual property or proprietary information SeriesFitness™ Group owns and/or uses on or in connection with its products, services, and/or business, including the Coach Workshops and any advertising materials (as defined below) that may be provided to or accessible by you (also referred to as “SeriesFitness™ Intellectual Property”); and (b) all downloads, products, advertisements, promotional or marketing materials, still and moving images and other recorded material (including digital and other forms of material), text, prints, packaging, and any other materials SeriesFitness™ Group owns and/or uses on or in connection with its products, services, and/or business including the Coach Workshops (collectively known with SeriesFitness™ Intellectual Property as, “SeriesFitness™ Materials”). You acknowledge and agree that SeriesFitness™ Group is and at all times has been and will be the sole and exclusive owner of all rights in and to the SeriesFitness™ Materials, including any goodwill arising from any use of the SeriesFitness™ Materials. You agree not to do anything inconsistent with SeriesFitness Group’s sole and exclusive ownership. Nothing in this Agreement shall be construed as a transfer or assignment of any rights to you. Any and all use by you of the SeriesFitness™ Materials shall inure to the sole benefit of SeriesFitness™ Group. You agree that you will not make any modification to any SeriesFitness™ Materials, or use, exploit, or exhibit any SeriesFitness™ Materials except as expressly authorized in this Agreement.

Limited License and Permitted Advertising

1 Permitted advertising for SeriesFitness™ Coaches. If you have successfully completed a Coach Workshop and remain in compliance with the terms and conditions of this Agreement and any applicable laws, rules or regulations, SeriesFitness™ Group grants you a personal, non-transferable, revocable, limited, non-exclusive, and non-sub-licensable license to use certain advertising materials provided to you directly by SeriesFitness™ Group. Your limited license in this Section 7 is effective on the day you become a SeriesFitness™ Coach and ends when you are no longer a SeriesFitness™ Coach. Except as expressly permitted in this Section 7, you may not use SeriesFitness™ Intellectual Property or SeriesFitness™ Materials (including without limitation advertise or promote yourself as a SeriesFitness™ Coach) in any other manner without the express written consent of SeriesFitness™ Group. In addition, you must obtain all necessary third-party consents to use any advertising materials. For example, to hang a poster on a gym wall, you must first obtain the gym’s permission, or to hand out business cards on private property, you must first obtain the property owner’s permission. Failure to comply with this Section 7 is subject to disciplinary action which may include the suspension of your license and, at SeriesFitness™ Group’s discretion, termination of this Agreement and your license rights. In addition, your use of the advertising materials is limited to, and shall comply with, the following:

a. Printed materials and email

Promotional materials. You may use the SeriesFitness™ logo relevant to your selected program (i.e. Series Tabata™, Series Pilates-Elite™) [hereafter known as "program logo"] on flyers, posters, electronic mail, and printed promotional materials whose sole purpose is to promote yourself as a Series Tabata™/Series Pilates-Elite™ Coach, your Series Tabata™ /Series Pilates-Elite™ classes or activities, and Series Tabata™ /Series Pilates-Elite™ products or services. Except as expressly authorized herein, no other promotional materials may be used. When using the relevant program logo in electronic mail, you must adhere to all applicable international and national laws governing email advertising and marketing.

Describing your Series Tabata™ / Series Pilates-Elite™ class. You may not use the program logo in combination with any other trademarks, service marks, or other terms unless expressly approved in writing by SeriesFitness™ Group. For example, you may not refer to a class using the expression Series Tabata™-Core or Advanced Series Tabata™. However, you may use the program logo followed by descriptive words, for example, Series Tabata™ (intro). Such words must be descriptive and not identify another brand, such as Series Tabata™ + Rhumba or Series Tabata™ Combat.

No newsletters or publications. You may not use the program logo, in whole or in part, as the title of a newsletter or other printed or online publications.

b. Websites and social media

Subject to the restrictions below, you may use the program logo on your personal websites (including social networking sites) which you use to promote yourself as a SeriesFitness™ Coach for your selected program or your classes or activities:

Trademark notice. All use of the program logo on websites must include a trademark symbol. You must not use the program logo in combination with any other trademarks, service marks, or other terms unless approved in writing by SeriesFitness™ Group.

Music. You must obtain all necessary third-party rights and licenses to use any music on your website. Any music that you receive from the SeriesFitness™ programs may only be played during your classes provided that the premises at which you train has obtained the relevant licenses in relation to music; any other use is strictly prohibited. See below for details.

Disparagement. You may not include any offensive or distasteful content on your applicable website or content that SeriesFitness™ Group determines in its sole and absolute discretion dilutes, disparages, or is otherwise detrimental to the SeriesFitness™ brand. SeriesFitness™ Group reserves the right to require that you remove any such content from your website in our sole and absolute discretion.

Ownership. You must clearly state that the site is owned by you (i.e., John Smith Training or Community Gym, and not SeriesFitness™ Group, Series Tabata™, or Series Pilates-Elite™.

c. Internet videos

You may create promotional internet videos of up to 5 minutes in length which feature you demonstrating a SeriesFitness™ class or exercise routines solely for the purpose of promoting yourself as a SeriesFitness™ Coach and your classes and activities, and under the following terms and conditions:

Releases. You shall not include any person in your video unless you have obtained appropriate written releases and permissions from such person(s).

Title. If you use a title for your video, then the title should be for example “Series Tabata™ class with [your name].”

Live verbal instruction. You may conduct live verbal instruction of your SeriesFitness™ classes provided that you have received express written permission from SeriesFitness™ Group, which SeriesFitness™ Group may withhold in its sole discretion, and that you clearly state you are an independent instructor and not an official representative of SeriesFitness™ Group.

Music. You must obtain all necessary third-party rights and licenses to use any music on your website. Any music that you receive from the SeriesFitness™ programs may only be played during your classes provided that the premises at which you train has obtained the relevant licenses in relation to music; any other use is strictly prohibited. See below for details.

Disparagement. You may not include any offensive or distasteful content in your videos that SeriesFitness™ Group determines in its sole and absolute discretion dilutes, disparages, or is otherwise detrimental to the SeriesFitness™ Group brand. SeriesFitness™ Group reserves the right to have removed or require that you remove any such videos from any public forum, including the internet.

d. Radio and television

You may not use the SeriesFitness™ Group or program logo in radio or television advertising without obtaining SeriesFitness™ Group’s prior written consent (which SeriesFitness™ Group may withhold in its sole and absolute discretion).

e. News coverage

You may promote yourself as a SeriesFitness™ Group Coach or your classes and activities through live news coverage or print news media, such as newspapers and magazines, by any mainstream news organization or print publisher, provided, however, that (1) you must inform such organization or publisher of SeriesFitness™ Group's trademark usage guidelines, and (2) with respect to live news coverage, such coverage shall not include more than five (5) minutes of SeriesFitness™ classes without SeriesFitness™ Group’s prior expressed written consent. You must notify SeriesFitness™ Group of any such news coverage or promotion and, if possible, provide SeriesFitness™ Group with a copy of the article or the footage for such news coverage, as appropriate.

f. Music

You may receive music from the SeriesFitness™ program which SeriesFitness™ Group has licensed from applicable third parties. This license only allows you to play the music during your classes, provided that the premises at which you train has obtained the relevant licenses in relation to music. For more information, please visit the appropriate music licensing authority in your home jurisdiction. Any other use is strictly prohibited. You acknowledge and agree that you, and not SeriesFitness™ Group, will be responsible for your improper use of any music, including any music you receive from the SeriesFitness™ program.

2 General restrictions on advertising and other prohibited advertising activity:

a. No alterations. You may not alter the form or appearance of the SeriesFitness™ Group logo or program logo on advertising materials, regardless of where or how you use them, including without limitation, the size, color and font.

b. No inappropriate use of advertising materials. You agree not to copy, reproduce, duplicate, create derivative works of, distribute, sell, or otherwise disseminate any advertising materials, SeriesFitness™ Intellectual Property, or SeriesFitness™ Materials. In addition, you agree not to copy, reproduce, duplicate, or create derivative works of SeriesFitness™ workout videos (including their content), music, any product, nutrition or other guides, any SeriesFitness™ web content, or any other SeriesFitness™ Materials.

c. No merchandise. Unless otherwise set forth herein, you may not manufacture, create, or distribute any merchandise (such as clothing, bags, hats etc.) or other promotional items bearing the SeriesFitness™ Group logo or program logo or anything similar or related to the SeriesFitness™ Group or program logo.

d. No using the SeriesFitness™ Group or program logo for anything other than to promote classes. Except as expressly permitted in this Agreement, you may not use the SeriesFitness™ Group or program logos for purposes of promoting any course, training, instruction, choreography session, or other activity (e.g. exhibition at a convention or trade show). In addition, except as expressly permitted in this Agreement, you may not use the SeriesFitness™ Group or program logos to identify a gym, workout facility or any other type of facility, program or product without the express prior written consent of SeriesFitness™ Group. The SeriesFitness™ Group or program logos may not be used to identify a business or company.

e. No videos/recording. Except as expressly permitted in this Agreement, you may not film, record, create, stream or perform any recordings, including videos or SeriesFitness™ DVDs, or which depict or otherwise imitate SeriesFitness™ choreography or music. SeriesFitness™ programs and SeriesFitness™ fitness videos and music are fully protected under copyright laws, and any unauthorized duplication, exhibition, distribution or other use without the express prior written consent of SeriesFitness™ Group is strictly prohibited. Copyright violators will be prosecuted to the fullest extent of the law and may result in termination of this Agreement and the licenses hereunder.

f. No registrations, domains, SEO, SEM, IDs, social media names. You agree not to:

f1. apply for, register or attempt to register in any manner SeriesFitness, SeriesFitness Group, seriesfitnessgroup, SeriesFitness™ Group, Series Tabata™, Series Tabata, Series Pilates-Elite™, Series Pilates-Elite, any SeriesFitness™ Intellectual Property, any SeriesFitness™ Materials or anything that includes or is similar to those for any purpose, including without limitation trademarks, trade names, service marks, brands, logos, copyrights, domain names or other identifiers of source or forms of intellectual property or internet designations;

f2. use any of these materials for search engine optimization (SEO) or search engine marketing (SEM), as or in any account name, user ID or other handle within any blogs, social networking websites or any “posting” sites including (for example only) Facebook, YouTube, MySpace, BlogSpot, Flickr or Twitter;

f3. or use any of these materials as the numbers/designations within a phone number (for example, 1-800-BUY-SERIESFITNESSGROUP). Without the express written consent of SeriesFitness™ Group, you may not use any SeriesFitness™ Material, including any videos, text or other content owned or used by SeriesFitness™ Group on or in connection with its own websites, products, services, or marketing and advertising.

g. No combination with third party intellectual property. You must not offer any third party products or services to customers/clients in connection with your promotion or teaching of SeriesFitness™ classes or combine any SeriesFitness™ Materials in media that also contains third party intellectual property (e.g., trademarks, trade names, logos, etc.). Using your SeriesFitness™ Coach status or any SeriesFitness™ advertising materials, Intellectual Property or Materials to advertise, promote or sell any non-SeriesFitness™ products or services is prohibited. This paragraph applies to, for example, consumer products, apparel, equipment, accessories, supplements or nutrition products and other items.

h. No unauthorized claims/statements. You may not make any claims or statements (which include testimonials) as to therapeutic, curative or diagnostic properties of the SeriesFitness™ training programs or any products or services offered by SeriesFitness™ Group, except those specific claims contained in official training literature or on the SeriesFitness™ Group website. Claims in the official SeriesFitness™ Group training literature may only be repeated in exactly the same format as that published by SeriesFitness™ Group and must be republished completely. In particular, you may not make any claim or statement that SeriesFitness™ Group or any SeriesFitness™ products cure, treat, diagnose, mitigate or prevent any conditions or diseases or achieve any guaranteed results.

Licensed SeriesFitness™ Coach Activities

1 Teaching SeriesFitness™ classes. Becoming a SeriesFitness™ Coach allows you to teach live classes to individuals or groups, subject to the restrictions below.

2 Restrictions on activities. In addition to all other restrictions, terms, and conditions in this Agreement, you agree that, without the prior express written approval of SeriesFitness™ Group, you will not:

a. Teach any SeriesFitness™ classes that do not follow the structure and integrity of the workouts. Each workout should be instructed using the principles taught in the SeriesFitness™ Coach Workshops.

b. Create any workouts or teach any classes that include or consist of SeriesFitness™ workouts combined with any other workout, exercise or fitness routine. For example, you may not create or teach any hybrid classes such as Series Tabata™/Yoga.

c. Directly or indirectly engage in any activity that may be interpreted as you being an employee or agent of SeriesFitness™ Group or one of its SeriesFitness™ programs.

d. Teach any SeriesFitness™ classes to any person who has not executed a liability waiver that includes a reference to SeriesFitness™ Group.

e. Teach any SeriesFitness™ classes without liability insurance that covers your activities and names SeriesFitness™ Group as additional insured entities regarding those classes.

Compliance and Conduct

1 Compliance. You agree to comply with any and all instructions from SeriesFitness™ Group's management team. In addition, all of your Instructor and advertising activities must comply with all applicable international and national laws, rules and regulations, including teaching, advertising and marketing activities and materials, electronic mail or other solicitation, communications to mobile devices (e.g., calling, SMS or “texting”), telephone and faxing, privacy, and collection, use, or dissemination of personal or other data.

2 Conduct. As a SeriesFitness™ Coach, you are a limited licensee of the SeriesFitness™ brand, Intellectual Property, Materials and advertising materials. You also are a representative of the SeriesFitness™ Coach Workshop program. You agree to act in a legal, professional, non-detrimental, non-disruptive and appropriate manner at all times. You must not act in any lewd, sexist, racist, discriminatory, illegal or other inappropriate or offensive manner, or in any manner that diminishes the value of the SeriesFitness™ Intellectual Property or Materials. SeriesFitness™ Group reserves the right in its sole discretion to determine what conduct is detrimental, disruptive or inappropriate. You acknowledge and agree that your conduct may directly impact SeriesFitness™ Group, the Coach Workshop program, SeriesFitness™ Intellectual Property and associated goodwill, and/or any Materials, products or services. You agree to comply with any direction from SeriesFitness™ Group regarding your conduct and that this Agreement may be terminated immediately by SeriesFitness™ Group as a result of your conduct.

3 Personal presentation. While conducting any SeriesFitness™ training program instruction, you must at all times act and look professional.

Use of Your Name, Image and/or Likeness 

1 You grant SeriesFitness™ Group (including its parents, affiliates, subsidiaries, representatives and assigns, officers, employees, advertising and promotional companies, distributors, or any person(s) or corporation(s) acting with SeriesFitness™ Group's permission or authority) a perpetual, irrevocable, royalty-free license throughout the universe to use, publish, reproduce, distribute, videotape, photograph, record, create derivative works of, and/or otherwise use your name, image, biographical information, voice, statements and/or likeness in connection with the SeriesFitness™ Coach Workshop program and/or any SeriesFitnessTM promotion or advertisement, in any media now known or later devised, in such manner, for such purposes and with such frequency as SeriesFitness™ Group shall determine in its sole discretion without compensation or consideration to you, without attribution to you, and without further authorization by you. You agree to execute any and all documents necessary for SeriesFitness™ Group to exploit your grant of rights under this paragraph. You agree to waive any artistic or moral rights in and to any materials created or used by SeriesFitness™ Group under this section.

TERM, TERMINATION AND REVOCATION

Termination and Revocation

1 Your SeriesFitness™ Coach status may be revoked or terminated immediately by us in the event that:

a. you breach any term, condition, or provision of this Agreement or fail to comply with SeriesFitness™ Group's Privacy Policy and Website Terms of Use;

b. you have not timely met any continuing education requirement required by SeriesFitness™ Group; or

c. SeriesFitness™ Group discontinues offering the SeriesFitness™ Coach Workshop program.

2 SeriesFitness™ Group may terminate or revoke your SeriesFitness™ Coach status and/or prevent you from becoming a SeriesFitness™ Coach for any or no reason in SeriesFitness™ Group's sole discretion.

Actions Upon Termination/Revocation

1 Upon termination or revocation, you must immediately cease all SeriesFitness™ Coach and promotional activities, including any and all use of SeriesFitness™ Intellectual Property or Materials (including referring to yourself in any manner as a SeriesFitness™ or relevant program Coach).

TERMS & CONDITIONS FOR PRIVATE FITNESS PROFESSIONALS

 

DEFINITION OF PRIVATE FITNESS PROFESSIONALS

If you have not attended a SeriesFitness™ Coach Workshop, then you are not a qualified SeriesFitness™ Coach. You are a Private Fitness Professional.

INTELLECTUAL PROPERTY, LICENSES & RESTRICTIONS

Ownership of Intellectual Property

1 You agree that SeriesFitness™ Group is and at all times will be the sole owner of (a) all trademarks, trade names, trade dress, logos, other indicia of origin, designs, inventions, patents, original works of authorship and other copyright-protected materials, trade secrets, methods and processes, concepts, ideas, know-how, and other intellectual property or proprietary information SeriesFitness™ Group owns and/or uses on or in connection with its products, services, and/or business, including the SeriesFitness™ Coach Workshops and any advertising materials (as defined below) that may be provided to or accessible by you (also referred to as “SeriesFitness™ Intellectual Property”); and (b) all downloads, products, advertisements, promotional or marketing materials, still and moving images and other recorded material (including digital and other forms of material), text, prints, packaging, and any other materials SeriesFitness™ Group owns and/or uses on or in connection with its products, services, and/or business including the SeriesFitness™ Coach Workshops (collectively known with SeriesFitness™ Intellectual Property as “SeriesFitness™ Materials”). You acknowledge and agree that SeriesFitness™ Group is and at all times has been and will be the sole and exclusive owner of all rights in and to the SeriesFitness™ Materials, including any goodwill arising from any use of the SeriesFitness™ Materials. You agree not to do anything inconsistent with SeriesFitness™ Group’s sole and exclusive ownership. Nothing in this Agreement shall be construed as a transfer or assignment of any rights to you. Any and all use by you of the SeriesFitness™ Materials shall inure to the sole benefit of SeriesFitness™ Group. You agree that you will not make any modification to any SeriesFitness™ Materials, or use, exploit, or exhibit any SeriesFitness™ Materials except as expressly authorized in this Agreement.

Limited License and Permitted Advertising

1 Permitted advertising for private fitness professionals. You are not entitled to use any SeriesFitness™ Materials for self-advertising purposes until you have completed a SeriesFitness™ Coach Workshop.

2 Use of music for private trainers. You may receive music from SeriesFitness™ Group which SeriesFitness™ Group has licensed from applicable third parties. This license only allows you to play the music during your SeriesFitness™ program classes, provided that the premises at which you train has obtained the relevant licenses in relation to music. For more information, please visit the appropriate music licensing authority in your home jurisdiction. Any other use is strictly prohibited. You acknowledge and agree that you, and not SeriesFitness™ Group, will be responsible for your improper use of any music, including any music you receive from SeriesFitness™ Group or one of its programs.

3 Prohibited advertising activity for private trainers:

a. No videos/recording. You may not film, record, create, stream or perform any recordings, including videos or DVDs, which depict or otherwise imitate SeriesFitness™ Group's or one of its program's choreography or music. SeriesFitness™ Group and fitness videos and music are fully protected under copyright laws, and any unauthorized duplication, exhibition, distribution or other use without the express prior written consent of SeriesFitness™ Group is strictly prohibited. Copyright violators will be prosecuted to the fullest extent of the law and may result in termination of this Agreement and the licenses hereunder.

b. No registrations, domains, SEO, SEM, IDs, social media names. You agree not to:

b1. apply for, register or attempt to register in any manner SeriesFitness, SeriesFitness Group, seriesfitnessgroup, SeriesFitness™ Group, Series Tabata™, Series Tabata, Series Pilates-Elite™, Series Pilates-Elite, any SeriesFitness™ Intellectual Property, any SeriesFitness™ Materials or anything that includes or is similar to those for any purpose, including without limitation trademarks, trade names, service marks, brands, logos, copyrights, domain names or other identifiers of source or forms of intellectual property or internet designations;

b2. use any of these materials for search engine optimisation (SEO) or search engine marketing (SEM), as or in any account name, user ID or other handle within any blogs, social networking websites or any “posting” sites including (for example only) Facebook, YouTube, MySpace, BlogSpot, Flickr, or Twitter;

b3. or use any of these materials as the numbers/designations within a phone number (for example, 1-800-BUY-SERIESFITNESSGROUP). Without the express written consent of SeriesFitness™ Group, you may not use any SeriesFitness™ Material, including any videos, text or other content owned or used by SeriesFitness™ Group on or in connection with its own websites, products, services or marketing and advertising.

c. No unauthorized claims/statements. You may not make any claims or statements (which include testimonials) as to therapeutic, curative or diagnostic properties of SeriesFitness™ Group or any products or services offered by SeriesFitness™ Group except those specific claims contained in official training literature or on the SeriesFitness™ Group website. Claims in the official SeriesFitness™ Group training literature may only be repeated in exactly the same format as that published by SeriesFitness™ Group and must be republished completely. In particular, you may not make any claim or statement that SeriesFitness™ Group or any products cure, treat, diagnose, mitigate or prevent any conditions or diseases or achieve any guaranteed results.

Licensed Fitness Professional Activities

1 Using SeriesFitness™ Group videos with your clients. By purchasing any of our SeriesFitness™ videos, you are only allowed to use these products with your private clients.

2 Restrictions on activities. In addition to all other restrictions, terms, and conditions in this Agreement, you agree that, without the prior express written approval of SeriesFitness™ Group, you will not:

a. Teach any SeriesFitness™ Group workouts that do not follow the structure and integrity of the SeriesFitness™ Group training program.

b. Create any workouts that include or consist of SeriesFitness™ workouts combined with any other workout, exercise or fitness routine, whether from a third party or otherwise. For example, you may not create any hybrids such as Series Tabata™/Pilates, Series Tabata™/CrossFit, or any other combination of products, workouts or exercises.

c. Directly or indirectly engage in any activity that may be interpreted as you being an employee or agent of SeriesFitness™ Group or one of its programs.

d. Use any SeriesFitness™ workouts with any person who has not executed a liability waiver that includes a waiver referring to SeriesFitness™ Group.

e. Use any SeriesFitness™ workouts without liability insurance that covers your activities and names SeriesFitness™ Group as additional insured entities regarding that training.

TERMS & CONDITIONS FOR PRIVATE INDIVIDUALS

 

DEFINITION OF PRIVATE INDIVIDUALS

If you are not a licensed Private Fitness Professional or qualified SeriesFitnes™ Coach, then you are a Private Individual.

SERIESFITNESS™ GROUP TRAINING PROGRAMS

Overview

1 Subject to this Agreement, by purchasing a SeriesFitness™ training program video as a whole or in separate elements, you will receive access to a digital resource library of workout videos. Access will depend on the type of package you purchase.

INTELLECTUAL PROPERTY, LICENSES AND RESTRICTIONS

Ownership of Intellectual Property

1 You agree that SeriesFitness™ Group is and at all times will be the sole owner of (a) all trademarks, trade names, trade dress, logos, other indicia of origin, designs, inventions, patents, original works of authorship and other copyright-protected materials, trade secrets, methods and processes, concepts, ideas, know-how, and other intellectual property or proprietary information SeriesFitness™ Group owns and/or uses on or in connection with its products, services, and/or business; and (b) all downloads, products, advertisements, promotional or marketing materials, still and moving images and other recorded material (including digital and other forms of material), text, prints, packaging, and any other materials SeriesFitness™ Group owns and/or uses on or in connection with its products, services, and/or business (collectively known with SeriesFitness™ Intellectual Property as, “SeriesFitness™ Materials”). You acknowledge and agree that SeriesFitness™ Group is and at all times has been and will be the sole and exclusive owner of all rights in and to the SeriesFitness™ Materials, including any goodwill arising from any use of the SeriesFitness™ Materials. You agree not to do anything inconsistent with SeriesFitness™ Group’s sole and exclusive ownership. Nothing in this Agreement shall be construed as a transfer or assignment of any rights to you. Any and all use by you of the SeriesFitness™ Materials shall inure to the sole benefit of SeriesFitness™ Group. You agree that you will not make any modification to any SeriesFitness™ Materials, or use, exploit, or exhibit any SeriesFitness™ Materials except as expressly authorized in this Agreement.

Limited License and Permitted Advertising

1 Prohibited advertising activity for Private Individuals:

a. No videos/recording. Except as expressly permitted in this Agreement, you may not film, record, create, stream or perform any recordings, including videos or DVDs, which depict or otherwise imitate a SeriesFitness™ Group program's choreography or music. SeriesFitness™ Group and its videos and music are fully protected under copyright laws, and any unauthorized duplication, exhibition, distribution or other use without the express prior written consent of SeriesFitness™ Group is strictly prohibited. Copyright violators will be prosecuted to the fullest extent of the law and may result in termination of this Agreement and the licenses hereunder.

b. No registrations, domains, SEO, SEM, IDs, social media names. You agree not to:

b1. apply for, register or attempt to register in any manner SeriesFitness, SeriesFitness Group, seriesfitnessgroup, SeriesFitness™ Group, Series Tabata™, Series Tabata, Series Pilates-Elite™, Series Pilates-Elite, any SeriesFitness™ Intellectual Property, any SeriesFitness™ Materials or anything that includes or is similar to those for any purpose, including without limitation trademarks, trade names, service marks, brands, logos, copyrights, domain names or other identifiers of source or forms of intellectual property or internet designations;

b2. use any of these materials for search engine optimization (SEO) or search engine marketing (SEM), as or in any account name, user ID or other handle within any blogs, social networking websites or any “posting” sites including (for example only) Facebook, YouTube, MySpace, BlogSpot, Flickr, or Twitter;

b3. or use any of these materials as the numbers/designations within a phone number (for example, 1-800-BUY-SERIESFITNESSGROUP). Without the express written consent of SeriesFitness™ Group, you may not use any SeriesFitness™ Material, including any videos, text or other content owned or used by SeriesFitness™ Group on or in connection with its own websites, products, services, or marketing and advertising.

c. No unauthorized claims/statements. You may not make any claims or statements (which include testimonials) as to therapeutic, curative or diagnostic properties of SeriesFitness™ Group or any products or services offered by SeriesFitness™ Group except those specific claims contained in official training literature or on the SeriesFitness™ Group website. Claims in the official SeriesFitness™ Group training literature may only be repeated in exactly the same format as that published by SeriesFitness™ Group and must be republished completely. In particular, you may not make any claim or statement that SeriesFitness™ Group or any of its products cure, treat, diagnose, mitigate or prevent any conditions or diseases or achieve any guaranteed results.

Licensed Private Individual Activities

1 Using SeriesFitness™ videos. By purchasing SeriesFitness™ videos, you are only allowed to use these videos for your own, private workout.

2 Restrictions on activities. In addition to all other restrictions, terms and conditions in this Agreement, you agree that, without the prior express written approval of SeriesFitness™ Group, you will not:

a. Teach any SeriesFitness™ workouts to any other people.

b. Directly or indirectly engage in any activity that may be interpreted as you being an employee or agent of SeriesFitness™ Group or one of its programs.