THE FOLLOWING TERMS AND CONDITIONS OUTLINE THE PROCESS TO BECOME A EUROPEAN TAE BO® FITNESS INSTRUCTOR, THE REQUIREMENTS TO REMAIN CERTIFIED AND THE RIGHTS AND RESPONSIBILITIES FOR CERTIFIED INSTRUCTORS IN EUROPE. PLEASE READ THE FOLLOWING, WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND BG STAR PRODUCTIONS, INC./ TAE BO® FITNESS.
BG Star Productions Inc./Tae Bo® Fitness is dedicated to providing quality services and products. All certified instructors MUST adhere to the following terms and conditions to help keep the Brand strong in Europe.
Requirements To Become A European Tae Bo® Fitness Instructor:
- You must be at least 18 years of age or have approval from the Tae Bo® Fitness Headquarters.
- You must purchase and successfully complete an instructor education and all associated requirements as detailed in ‘Process To Becoming A European Tae Bo® Fitness Instructor’ (section 2 below).
- We reserve the right to amend or update any requirement, at our sole discretion.
Process To Becoming A European Tae Bo® Fitness Instructor:
- You may register for an instructor education by logging onto our official website, purchasing an education you are eligible to attend and completing the on-line registration form.
- You must submit a First Health/CPR Certificate (made within 2 years) and an anatomy education certificate (made within 12 months) from any anatomy education prior to Exam Day.
- A digital Instructor Manual to download and a ‘Promo Code’ to purchase the associated Teaching Day at a discounted price of 80€ will be emailed to you prior to the start of the purchased education. Please Note: The teaching day is optional and highly recommended in order to pass the exam, but does require an additional purchase and current education students do not receive a point for attending.
- All sales are final; education purchases are non-transferable and non-refundable. If you do not complete or pass the education or you fail to attend, you will NOT be refunded. In cases of emergency or special circumstance that forbids you from attending the purchased education, contact the Tae Bo® Fitness Headquarters at your earliest convenience to reschedule any missed required days.
- Please be Advised: All Tae Bo® Fitness Instructor Manuals are protected by copyright laws and may not be reproduced, distributed, or used to create derivative works from, shared, or displayed in public view without the prior written consent of the Tae Bo® Fitness Headquarters.
- You must attend and successfully complete all required days of the purchased education, including four (4) education and practice days and one (1) exam day.
- All education students will be tested on their ability to be a certified instructor through personal performance and demonstrated knowledge of course material.
Please Note: In order to successfully complete an instructor education, you MUST:
- Arrive early enough to check in.
- Attend all required days.
- Actively engage in the education.
- Practice performing all movements as instructed.
- Execute all movements to the best of your ability.
- Push yourself to demonstrate your ability within the following five (5) areas:
- Communication– The ability to give clear verbal instruction; provide positive motivation and appropriate adjustments when necessary, properly correct clients, and monitor for potential injury or clients in duress.
- Comprehension– Knowledge and understanding of Tae Bo® Fitness, what it is, where it originated, and its expansion through the years.
- Execution– Being capable of properly performing Tae Bo® Fitness moves.
- Technique– Knowing how to properly perform each Tae Bo® Fitness move and being able to articulate accurate instruction to achieve each move.
- Concentration– being engaged, in the moment and focused on the class, keeping pace, and properly responding to advance instruction.
- If on Exam Day, you have completed the on-line registration form, submitted a First Health/CPR certificate, proof of a completed anatomy education (from BG Star Productions, Inc. or other course), attended all required days, and passed the exam, your instructor certificate will be awarded.
- Upon passing you will receive: A Tae Bo® Fitness Instructor Certificate (for the level of education passed) and Official Tae Bo® Fitness Hand Gloves in correlation with the level of education passed (Basic: Blue Camouflaged Hand Gloves, Advanced: Red Camouflaged Hand Gloves, Elite: White Camouflaged Hand Gloves, Jr. Master: Sand Camouflaged Hand Gloves, Master: Black Camouflaged Hand Gloves).
- The education instructor will test and evaluate your abilities on Exam Day. In the event you do not meet the qualifications you ‘fail’ the education and will need to retest (a 75€ retesting fee will apply) with the same education instructor. You may retest up to three (3) times, if you still do not pass you will have to retake the entire education. We strongly suggest attending an additional Teaching Day if you fail Exam Day. Please Note: A purchased education does NOT guarantee you will pass and be awarded an instructor certificate.
- Tae Bo® Fitness will make every reasonable effort to conduct all educations as scheduled. However, we reserve the right to postpone, move, or reschedule an education, at our sole discretion, for any reason including due to low enrollment. If we cancel and/or reschedule an education, we will notify you and provide reasonable assistance in rescheduling. Please Note: We are not responsible for any lost travel, accommodations, or other expenses.
Term: Maintenance of A European Tae Bo® Fitness Certificate:
- Your Instructor Certificate will remain valid as long as:
- You earn a total of four (4) education points every two (2) years.
- Education points can be earned by attending official Tae Bo® Fitness events, such as: a Tae Bo® 2.0 Teaching Day, Tae Bo® Kids, Tae Bo® Kickboxing, Tae Bo® Extreme, Tae Bo® Bands, Tae Bo® Core, Tae Bo® Lower-Body, Tae Bo® Low-Impact, or any special Tae Bo® Fitness event offered in conjunction with a Tae Bo® 2.0 Tour. Each official event attended is worth one (1) point.
- We reserve the right, at our sole discretion to:
- Modify the terms and conditions of the European Instructor Program
- Define or modify instructor requirements or continued education requirements
- Increase or decrease the fees or cost of any education, event, or hosting fees
- Restructure the hosting and earning potential of any instructor level eligible to host instructor educations and/or instructor trainings.
- Your instructor certificate may be terminated immediately if:
- You breach any term, condition, or provision of this Agreement.
- You fail to earn the points to meet the continued education requirements.
- You engage in any activity that we, at our sole discretion, deem inappropriate or which could harm our business or the reputation of Tae Bo® Fitness and all affiliates of the Brand.
- We cease to offer the European Instructor Certification Program.
Upon termination of your instructor certificate you must immediately stop using the Tae Bo® Fitness name, logos, and any other materials we have furnished or authorized you to use, you must stop instructing Tae Bo® Fitness classes, and you may no longer refer to yourself as a certified instructor.
Intellectual Property License:
Ownership. You acknowledge and agree that BG Star Productions, Inc/ Tae Bo® Fitness/ Billy Blanks® is and at all times will remain the sole owner of:
- Protected Marks and Property. All registered trademarks for Tae Bo® Fitness, Billy Blanks®, and all affiliated marks, trade names, trade dress, logos, 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 relating to the Tae Bo® Fitness training method (collectively: “Tae Bo® Fitness Intellectual Property”); and
- Protected Materials. All advertisements, promotional or marketing materials, still and moving images and other recorded material (including digital and other forms), music, text, prints, packaging, and any other materials we use or furnish in connection with our business (collectively: “Tae Bo® Fitness Materials”). Any and all use by you of the Tae Bo® Fitness Intellectual Property and/or Materials shall ensure our benefit and nothing in this Agreement shall be construed as a transfer or assignment of any rights, title, or interest to you.
- License. During the time your instructor certificate is valid under this Agreement, we grant you a personal, non-transferable, revocable, limited, non-exclusive, non-sub-licensable license, without warranty, to use the Tae Bo® Fitness Intellectual Property and/or Materials we make available to you, solely in the form and manner provided to you, for your own personal use, to communicate to the public your status as a certified instructor. No other use is authorized. Without limiting the foregoing, you have no right to and may not “certify” other people as Tae Bo® Fitness Instructors, with the exception of Master Instructors, Jr. Master Instructors and Elite Instructors with the active participation and supervision of the Tae Bo® Fitness Headquarters.
- No Creation: You may not copy, create derivative works from, sell or otherwise use any Tae Bo® Fitness Intellectual Property and/or Materials in connection with the creation of any other products or services (including but not limited to apparel, accessories, fitness programs, key chains, sports equipment, ingestible products, DVD’s or any other product or service).
- Prior Approval. All use of the Tae Bo® Fitness Intellectual Property and/or Materials is subject to prior approval from the Tae Bo® Fitness Headquarters, including website and social media pages, all of which must comply with all applicable laws and regulations, and the terms and conditions of this Agreement, and must not infringe on any intellectual property, personal, privacy, publicity, or other rights of any third party. Materials we furnish to you are deemed approved as long as they are used in the exact form we provided them to you. Any unauthorized use is grounds for immediate termination of your instructor certificate and any rights you have under this Agreement.
- No Changes; Proper Usage. You agree to use the Tae Bo® Fitness Intellectual Property and/or Materials only in the form and manner and for the purposes authorized by the Tae Bo® Fitness Headquarters and agree to include all appropriate copyright and/or trademark notices in accordance with our Trademark Usage Policy. Copyright ® 2016 BG Star Productions, Inc. All Rights Reserved.
- No Registration. You agree not to apply for, register or attempt to register any Tae Bo® Fitness Intellectual Property and/or Material, or any similar product, service, or name, for any purpose, including without limitation, to trademarks, trade names, service marks, brands, logos, copyrights, or other identifiers of source or forms of intellectual property anywhere in the world.
- Internet, Telecommunications. You agree not to use Tae Bo® Fitness or any confusingly similar name as a domain name (or part of a domain name), or for search engine optimization (SEO) or search engine marketing (SEM), or in any account name, user ID or other handle within any blogs, social networking websites, or any “posting” sites including, but not limited to, Facebook, YouTube, MySpace, Twitter, Instagram, etc., or as part of a name-based phone number including, but not limited to, 1-800-TaeBo®Fitness anywhere in the world, without the prior written consent of the Tae Bo® Fitness Headquarters.
Website Retention: Prior to creating/purchasing a Tae Bo® Fitness domain name you must contact the Tae Bo® Fitness Headquarters for approval. Domain names must contain the words teamtaebo followed by the city of your studio. Following are examples of correct website domain names.
Social Media Retention: When you request approval for a domain name we recommend also requesting to name your social media pages the same way. For example:
You may also request to name your Facebook page like this:
- No License to other Materials. Other than the Tae Bo® Fitness Intellectual Property and/or Materials we furnish to you with permission for you to use, you may not use any content from any of our websites, videos, advertising, packaging, publications, or any other source, without the prior written consent of BG Star Productions, Inc/ Tae Bo® Fitness.
- Use Only for Tae Bo® Fitness Education/ Instruction/and Events. You must not use any Tae Bo® Fitness Intellectual Property and/or Materials to promote or describe any other forms or methods of training/ instruction, or offer any third-party products or services.
- Protection of the Brand. You agree to notify us if you know of any person or business using any Tae Bo® Fitness Intellectual Property and/or Materials improperly or without approval, and you will reasonably cooperate in any legal action we may pursue to protect our rights. We will be entitled to the entirety of any damages, costs, or fees recovered.
- Recording and Use of Video. You agree that you will not:
- Videotape or otherwise record any Tae Bo® Fitness-based education, class, or instruction you conduct.
- Publish or display for free or for payment, any videotaped or recorded Tae Bo® Fitness-based education, class, event, or instruction you conduct, whether online or in any other medium.
- Quality Control. You agree to conduct all Tae Bo® Fitness Instruction in a professional manner, consistent with the highest standards, including appropriate attire and conduct. Without limiting the foregoing, you agree all services and activities you engage in or offer in connection with your instructor certificate are subject to our approval for quality, and you agree to cooperate in facilitating our control over the nature and quality of your marketing and services, to permit observation of your instruction, to promptly comply with any instruction from us, and to supply evidence confirming compliance with this Agreement upon request.
- Appropriate Conduct. You acknowledge and understand that you represent our Brand to the public and agree to act in a legal, professional, non-disruptive, and appropriate manner at all times. Without limitation, you agree to not act in any lewd, sexist, racist, discriminatory, off-color, illegal, or otherwise inappropriate or offensive manner, or in any manner that diminishes the value of the Tae Bo® Fitness Intellectual Property and/or Materials or associated goodwill. We reserve the right to determine, at our sole discretion, what is detrimental, disruptive or inappropriate for our Brand and its public image. This Agreement may be immediately terminated for any conduct deemed inappropriate.
Conduct of A Certified European Tae Bo® Fitness Instructor:
- Education. Your instructor certificate permits you to teach Tae Bo® Fitness classes and
- Host Tae Bo® 2.0 Specials by completing a ‘European Tae Bo® Fitness Hosting Request’ in advance and adhering to the associated hosting rules.
- Host Tae Bo® 2.0 Ultimate Experiences (Master, Jr Master, and Elite Instructors) by completing a ‘European Tae Bo® Fitness Hosting Request’ in advance and adhering to the associated hosting rules.
- Progress clients in the hand glove system in accordance to the level of instructor certificate earned (Basic able to test clients for Yellow and Orange Camouflaged Hand Gloves, Advanced able to test clients for Yellow, Orange, and Green Hand Gloves, Master, Jr Masters, and Elite able to test clients for Purple Camouflaged Hand Gloves), subject to compliance with the terms and conditions of this Agreement.
- Format Instruction. Any instruction you give in connection with your instructor certificate must follow the overall structure, principles and training techniques embodied in the Tae Bo® Fitness system.
- You agree to teach in registered studios only. (Studio registration is free)
- You are responsible for the safety and welfare of your clients.
- You are responsible to ensure all equipment is in working order, used appropriately and returned to its proper place, leaving the studio in the same, if not better condition.
- If someone is injured, make sure you inform the studio, fill out an incident report and inform the proper authorities.
- In the event of an emergency, you are still responsible for your clients. Informing the training studio of your emergency is part of this responsibility.
- We recommend using a wireless mic in order to be heard. You may choose any music as long as it does not contain profanity and is not offensive. Remember to turn down the volume at the end of class.
- Compliance with Law. You are responsible to comply with all appropriate laws and regulations for the operation of your business as a Certified Tae Bo® Fitness Instructor, including but not limited to any licensing, zoning or other requirements, as well as laws and regulations governing advertising and marketing, including but not limited to electronic mail or other solicitation, communications to mobile wwwices (e.g. calling, SMS or “texting”), telephone and faxing, privacy and collection, use or dissemination of personal or other data.
- Insurance and Releases. We highly recommend all Certified Tae Bo® Fitness Instructors maintain a personal instructor insurance policy to protect themself and their business.
- Integrity. Any instruction you give in connection with your instructor certificate must adhere to the terms and conditions of this Agreement and meet the quality standards of Tae Bo® Fitness. You may not combine any other workout, exercise or fitness routine, whether from a third party or otherwise with any Tae Bo® Fitness workout. You may not use a name or description for a Tae Bo® Fitness class or education other than the name given to each individual workout by the Tae Bo® Fitness Headquarters.
Advertising and Marketing
- Advertising and/or Marketing. Any advertising or marketing activities done in connection with your instructor certificate must follow the terms and conditions of this Agreement. They must not be discourteous, illegal, offensive, deceptive, misleading, unethical or immoral. You are responsible for the accuracy, legality and legitimacy of any and all content in your advertising, marketing or promotional materials provided to you, including the use of proper Tae Bo® Fitness Logos.
- Use of Instructor Designation. During the term of this Agreement you may use the protected Tae Bo® Fitness Logo(s) you are eligible to use, only in the form and format provided by us.
- Claims and/or Testimonials. You may not make any claims, statements, or testimonials as to therapeutic, curative, or diagnostic properties of Tae Bo® Fitness or any products or services offered by us, except those specific claims contained in official Tae Bo® Fitness Materials we furnish to you, which such claims must be repeated in exactly the same format as when released from BG Star Productions, Inc/ Tae Bo® Fitness. Specifically, you may not make any claim or statement that Tae Bo® Fitness can cure, treat, diagnose, mitigate, or prevent any condition, disease or achieve any guaranteed results.
- Use of Our Name, Image, or Likeness. You may not use the name, image or likeness of Tae Bo® Fitness, Billy Blanks® or any affiliates of the Brand without prior written consent from BG Star Productions, Inc/ Tae Bo® Fitness.
- Use of Your Name, Image, or Likeness. You hereby grant an irrevocably authorization to BG Star Productions, Inc/ Tae Bo® Fitness/ Billy Blanks® and all associated affiliates of the Brand to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use, (a) your name, image, likeness, and voice, and (b) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by you, in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Tae Bo® Fitness, its affiliates or their services, without further consent from or payment to you.
- Non-Disparagement. You agree not to make negative comments or remarks in any medium (oral, online, written, or while providing instruction or training) about BG Star Productions Inc, Tae Bo® Fitness, Billy Blanks® or any affiliates of the Brand.
- News Coverage. You may promote your instructor certificate and activity through live news coverage or print news media, such as newspapers, television, radio and magazines, by any mainstream news organization or print publisher. However, you must inform the news organization or publisher of proper copyright and trademark usage. If you learn of such coverage in advance, you must notify us by emailing [email protected], or inform us promptly after the coverage takes place.
- Relationship of Parties. Your instructor certificate does not establish an employer/ employee relationship, partnership, franchise, agency, joint venture or other similar relationship between you and BG Star Productions, Inc/ Tae Bo® Fitness. 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. You agree not to make any statements or take any actions that may confuse or mislead any person regarding the nature of the relationship between you and us. Your instructor certificate is personal to you and cannot be transferred, sublicensed or otherwise made available for use to or by anyone else.
- No Guarantee. We do not guarantee any level of success or income will be generated by becoming a Certified Tae Bo® Fitness Instructor.
- Liability Release. You understand and acknowledge, as with any exercise program, participation in Tae Bo® Fitness workouts will include intense physical activity with various fitness equipment, and that certain risks are associated with these activities and equipment, including the risk of serious injury or death. You expressly and voluntary assume all risk and, to the extent permitted by law, waive any and all actual or potential claims against BG Star Productions, Inc, Tae Bo® Fitness and Billy Blanks®, arising from or related to your participation in the European Tae Bo® Fitness Instructor Program.
- You agree to indemnify and hold harmless BG Star Productions, Inc, Tae Bo® Fitness, Billy Blanks®, and our respective affiliates of the Brand, such as: employees, officers, owners, attorneys or any person(s) or companies acting with our permission or authority, from any loss or damages (including attorneys’ fees) that you may suffer as a result of any claims, demands, actions, or other proceedings made or instituted by a third party that may arise from any breach of the terms and conditions of this Agreement by you, or from your negligence, willful misconduct, or from any of your advertising or promotional materials, instruction, and/or activities.
- Disclaimers. The Tae Bo® Fitness Intellectual Property and/or Materials and any products sold or provided through the Tae Bo® Fitness Store are provided AS IS. We make no representations or warranties, express or implied, with respect to the Tae Bo® Fitness Intellectual Property and/or Materials, or any products sold or provided through the Tae Bo® Fitness Store (including, without limitation to, warranties of fitness, merchantability, title, non-infringement) or any implied warranties arising out of a course of performance, dealing or trade usage. In addition, we make no representation that the operation of our website will be uninterrupted or error-free. As such, we shall not be liable for the consequences of any interruptions or errors, although we agree to make commercially reasonable efforts to correct errors or interruptions.
- Any notice, request, demand or other communication given or made under this Agreement shall be made in writing and shall be deemed received upon getting a read receipt or confirmation of delivery notification from an electronic mail provider.
- Notices to BG Star Productions, Inc./ Tae Bo® Fitness shall be emailed to [email protected] or [email protected].
- Notices to you shall be emailed to the email address most recently provided by you. Please Note: You waive any defense based on not receiving any notice from us if your contact information is not kept current at the Tae Bo® Fitness Headquarters.
- You may not assign or delegate any rights or obligations under this Agreement. We may assign, transfer, sub-license, and/or sub-contract any of our rights or obligations under this Agreement, at our sole discretion.
- Severability. If any provision of this Agreement or the application thereof is found invalid, the invalidity shall not affect other provisions of this Agreement, which will remain in effect without the invalid provision or application.
- Governing Law. The validity, construction and effect of this Agreement shall be construed and interpreted according to the laws of the State of California, regardless of your place of residence. Any and all disputes, controversies, or claims that may arise between you and BG Star Productions, Inc/ Tae Bo® Fitness under this Agreement shall be settled by arbitration in the State of California pursuant to the laws of the American Arbitration Association.
INSTRUCTOR CONCERNS/ QUESTIONS
For the most accurate and up to date information, please direct your questions, comments, or concerns to the Tae Bo® Fitness Headquarters at [email protected] or at [email protected]. The Tae Bo® Fitness Headquarters is located at:
790 Hampshire Road Suite A
Westlake Village, CA 91361
Phone: (805) 777-7573
Fax: (805) 777-1145