TERMS & CONDITIONS FOR SERIESFITNESS™ COACHES

 

COACH TRAINING WORKSHOPS

 

Overview

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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.

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Becoming a SeriesFitness™ Coach

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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  

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Becoming a SeriesFitness™ Master Trainer

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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

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SeriesFitness™ Coach Workshops

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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.

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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.

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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:

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a. be required to retake a Workshop; or

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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

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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

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Ownership of Intellectual Property

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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.

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Limited License and Permitted Advertising

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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:

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a. Printed materials and email

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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.

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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.

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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.

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b. Websites and social media

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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:

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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.

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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.

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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.

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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™.

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c. Internet videos

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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:

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

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

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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.

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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.

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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.

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d. Radio and television

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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).

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e. News coverage

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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.

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f. Music

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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.

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2 General restrictions on advertising and other prohibited advertising activity:

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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.

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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.

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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.

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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.

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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.

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

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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;

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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;

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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.

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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.

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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.

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Licensed SeriesFitness™ Coach Activities

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

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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:

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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.

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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.

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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.

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

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

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Compliance and Conduct

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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.

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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.

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

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Use of Your Name, Image and/or Likeness 

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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.

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TERM, TERMINATION AND REVOCATION

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Termination and Revocation

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

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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;

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

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

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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.

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Actions Upon Termination/Revocation

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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).

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