INSTRUCTOR RULES AND REGULATIONS
>>> THE FOLLOWING TERMS AND CONDITIONS SET FORTH THE PROCESS TO BECOME A CERTIFIED TAE BO® FITNESS INSTRUCTOR, THE REQUIREMENTS TO REMAIN CURRENTLY CERTIFIED AND ALSO GOVERN THE RIGHTS AND RESPONSIBILITIES ASSOCIATED WITH BEING A CERTIFIED TAE BO® FITNESS INSTRUCTOR. PLEASE READ THESE TERMS AND CONDITIONS, WHICH FORM A BINDING CONTRACT (THE “AGREEMENT”) BETWEEN YOU AND TAE BO® FITNESS/BG STAR PRODUCTIONS, INC. (“WE” OR “US”).
We would like to encourage everyone to become a certified instructor and lead a healthier life. However, we strongly recommend that all interested certification camp participants have a basic understanding of Tae Bo® Fitness and also have personal experience with a variety of Tae Bo® Fitness Classes, either through participation in live classes or with the use of DVD’s.
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 Tae Bo® Fitness Brand strong.
1. Requirements To Become A Certified Tae Bo® Fitness Instructor:
- You must be at least 18 years of age and have legal capacity to enter into a contract. If you are between 16 and 18 years of age you are required to submit written consent from a parent or legal guardian to the corporate office. Persons under the age of 16 are not permitted to participate in a Certification Camp and/or Certification Challenge, participation in an Ultimate Experience under the age of 16 will need to be approved by the corporate office prior to registration.
- You must purchase a Basic Certification Camp from our website and complete the on-line registration forms. Once your purchase has been completed, you will be emailed a purchase order receipt that will contain a link to download the Basic Instructor Manual.
- You must attend and successfully complete the entire certification camp, pass the on-line test with a score of 70% or better, register for a monthly instructor membership (TBM) and submit all required documents to the corporate office within one week of attending the certification camp.
- We reserve the right to amend or update any of these requirements at our sole discretion, and such amendments will be immediately posted on our website. It is your responsibility to regularly check for any such updates, the corporate office is not obligated to inform you of any such changes or modifications. In addition, you will be required to comply with all amended and/or updated rules, regulations, requirements, terms and conditions immediately upon their posting.
2. Process To Becoming A Certified Tae Bo® Fitness Instructor:
- You may register for a Tae Bo® Fitness Certification Camp by logging onto our official website and completing a purchase for a certification camp you are eligible to attend, complete the on-line registration forms (which include your personal contact information, a Waiver and Release of Liability Form absolving us of any legal responsibility for any injuries you may suffer during the Tae Bo® Fitness Certification Camp, and a personal health history). You are also required to provide a photo of your self with an up-to-date CPR card, register for a monthly instructor membership (TBM), and pass the associated on-line test.
- The link to download the Instructor Manual that correlates with the purchased certification camp will be included on the purchase receipt that is emailed to you once the purchase has been completed. You will receive the link to the on-line test for the purchased certification camp in the purchase letter that will be emailed from the Instructor Coordinator following receipt of the completed camp purchase. You are eligible to take your on-line test upon receiving the link, however, we highly recommend taking the test once your instructor manual has been read and after attending the certification camp.
- All certification camp purchases are non-transferable and non-refundable. Contact the corporate office if you are unable to attend the certification camp you purchased to discuss the options to re-schedule your attendance. A corporate fee of $30.00 will be charged if the corporate office approves the change.
- 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 written consent of BG Star Productions, Inc.
- All certification camp participants are required to successfully complete the entire Tae Bo® Fitness Certification Camp, during which you will be tested on your ability to perform the physical requirements of a certified instructor by demonstrating your ability to properly instruct a Tae Bo® Fitness Class.
- After completing the certification camp you will have one week to complete and pass the on-line test with a minimum score of 70%. Please Note: In order to successfully complete a certification camp, you MUST: 1. Arrive early enough to check in prior to the advertised start time. 2. Actively engage in all portions of the instructor certification training. 3. Focus and follow along with what is being taught at all times. 4. Practice performing all movements as instructed to do so by the hosting Elite Instructor. 5. Execute all movements to the best of your ability the entire certification camp; your overall camp score depends on your physical performance throughout the certification camp. 6. Push yourself during the entire certification camp to demonstrate your instructor ability within the five (5) areas certified instructors are graded on, which include: Communication- The ability to give clear verbal instruction; provide positive motivation and appropriate adjustments when necessary, properly correct students, and monitor for potential injury or students in duress. Comprehension- Knowledge and understanding of Tae Bo® Fitness, what it is, where it originated, and it’s 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 instructions to achieve each move. Concentration- being engaged, in the moment and focused on the class, keeping pace, and properly responding to advance direction.
- You are required to register for a monthly instructor membership (TBM) within one week of attending a Certification Camp (if not currently a member). To do this: • Log onto our official website at: www.taebo.com. • Click ‘Register as an Instructor’ at the top, right hand portion of the home page. • Set up your personal account by creating a user name and password, inputting your personal contact information, and completing the recurring billing authorization portion. Please Note: It is your responsibility to monitor your recurring billing information so it remains up to date in order to keep your TBM account current and your instructor certificate valid (see the TBM terms and conditions for additional information). • After you’ve set up your TBM account it has to be approved by the corporate office prior to it being posted on our website and being able to access any information. • Approval of your TBM account depends upon your awarded instructor status at the certification camp you are registered to attend.
- Once you have completed the on-line registration forms, submitted a current CPR card and a current, clear headshot photo, successfully completed the entire certification camp, passed the on-line test, and registered for a TBM account; you should receive your instructor kit within 45 days of attending the certification camp if instructor status was awarded.
- We will make every reasonable effort to conduct all certification camps as scheduled. However, we may postpone, move, or reschedule a certification camp, at our sole discretion, in cases of low enrollment, hazardous weather, staffing issues, or other unforeseen circumstances. If we must cancel and/or reschedule a certification camp, we will communicate the change to you and provide reasonable assistance in rescheduling, but we cannot be responsible for any lost travel, accommodations, or other expenses. No reschedule fees apply to schedule changes initiated by us.
- An instructor kit includes: A Tae Bo® Fitness Instructor Certificate (for the level of certification you have passed), Tae Bo® Fitness Lanyard and a personalized instructor badge, Welcome Instructor Download (Basic & Advanced Only), Official Tae Bo® Fitness Hand Wraps in correlation with the level of certification passed (Basic: White, Advanced: Black, Specialty-Core: Red, Specialty- Extreme: Light Blue, Specialty- Kickboxing: Orange, Specialty- Booty/Lower-Body: Purple, Specialty-Bands: Yellow, Specialty-Kwon: Tan, Specialty- Low Impact: Dark Blue), and Official Tae Bo® Fitness Gloves (Advanced Certification Camps ONLY).
- In the event you are unable to complete the physical demands of the entire certification camp OR an Elite Instructor determines you need additional training prior to becoming a Certified Instructor you will be notified by the corporate office regarding what options are available in order for you to meet the qualifications of a certified instructor. Please Note: Your purchased attendance to any certification camp does NOT guarantee your instructor status. We strongly encourage you to be very familiar with a variety of Tae Bo® Fitness workouts AND be able to handle all of the physical demands of an 8 hour certification camp.
- In the event you do not pass the on-line test with at least the minimum score of 70% within 1 week after your certification camp, you will not be certified to teach Tae Bo® Fitness. You must pass the on-line and complete all other necessary requirements under this Agreement in order to become a Certified Tae Bo® Fitness Instructor and you will not be granted any of the rights of a Tae Bo® Fitness Instructor under this Agreement, including the instructor certification, the right to teach Tae Bo® Fitness classes, intellectual property license rights or otherwise, until all requirements are satisfied. Please Note: If your on-line test has not been completed within the first thirty (30) days following the attendance of your certification camp, your purchase and certification camp attendance will be considered as forfeit, requiring you to begin the certification process from the beginning, including re-purchasing attendance at a future certification camp.
- The Certified Tae Bo® Fitness Elite Instructor hosting the certification camp will test and evaluate your physical abilities at the certification camp to assess your ability as a certified instructor. In the event the Elite Instructor finds you do not pass the physical requirements, the Elite Instructor will have three options. Option 1: The Elite Instructor may fail a student if they are found to be physically incompetent OR are unable to complete the physical demands of the entire certification camp. Option 2: Students placed on probation will have up to four months to practice, either in authentic Tae Bo® Fitness Classes of their choice or with the use of DVD’s, and then re-test with the same Elite Instructor or through submitted personal assessment videos. Option 3: The corporate office has the authority to wwwise a personal probationary plan for any individual at our sole discretion. If an alternative probationary plan is created, it will be handled between the Elite Instructor and the Corporate Office and all associated requirements will be clearly disclosed to the probationary student, the Elite Instructor and the Corporate Office. Please Note: the corporate office and the Elite Instructor will work together to support, educate and advance all of our fitness members, especially potential instructors placed on probation. However, final determination of any instructor (or potential instructor’s) status is at the sole discretion of the Tae Bo® Fitness Corporate Office.
- All sales are final. If you do not complete the entire certification camp, pass the physical requirements of the certification camp, or fail to attend the purchased certification camp, the purchase cost will NOT be refunded. In case of emergency or special circumstances which forbid you from attending, contact the corporate office at the earliest convenience. Rescheduling your certification camp is possible with prior approval from the corporate office (a corporate fee of $30.00 will be charged to any re-scheduled certification camp attendance). Written request should be provided to us fourteen (14) days prior to scheduled certification camp or as soon as you become aware you will not be able to attend.
- Tae Bo® Fitness will make every reasonable effort to conduct all certification camps as scheduled. However, we may postpone, move, or reschedule a certification camp, at our sole discretion, in cases of low enrollment, hazardous weather, staffing issues, or other unforeseen circumstances. If we must cancel and/or reschedule a certification camp, we will communicate the change to you and provide reasonable assistance in rescheduling, but we cannot be responsible for any lost travel, accommodations, or other expenses. No reschedule fees will apply to schedule changes initiated by the corporate office.
3. Term: Maintenance of Tae Bo® Fitness Certification:
- Your instructor certificate will remain valid as long as you continue to meet the requirements associated with a certified instructor. These requirements include:
• You MUST maintain a current monthly instructor membership (TBM) at all times for your instructor certificate to remain valid. Please Note: failure to do so will forfeit your certified instructor rights and privileges, requiring you to start the certification process all over from the beginning. • You MUST attend the Tae Bo® Fitness Conference (every other year).
- We reserve the right at our sole discretion to:
- Modify the terms and conditions of the instructor certification process and/or instructor rules and regulations.
- Define or modify the ongoing instructor requirements or continued education requirements and/or increase or decrease the fees or cost of any certification camp.
- Any certified instructor that does NOT adhere to the certified instructor requirements, including allowing their TBM to become suspended, or fails to attend the Tae Bo® Fitness Conference every other year, will lose their instructor status and will be required to start their instructor certification process over again by attending a Basic Certification Camp.
- Your status as a Certified Tae Bo® Fitness Instructor may be revoked or terminated immediately in the event that:
- You breach any term, condition, or provision of this Agreement.
- You fail to meet any continuing education or other ongoing requirement to maintain a current instructor certificate.
- 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 Tae Bo® Fitness Certification Camps and/or instructor certification programs.
- Upon termination or revocation of your instructor status for any reason, you must immediately cease all use of the Tae Bo® Fitness name and any other trademark or other proprietary materials we may have furnished or authorized you to use, return all proprietary materials, including, but not limited to, the Tae Bo® Fitness Instructor Manual, and you must cease offering Tae Bo® Fitness Classes and referring to yourself in any manner as a Certified Tae Bo® Fitness Instructor.
4. Intellectual Property License:
Ownership. You acknowledge and agree that we are and at all times will remain the sole owner of
- The registered trademarks Tae Bo® Fitness and Billy Blanks®, and all other 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 (“Tae Bo® Fitness Intellectual Materials”); and
- All advertisements, promotional or marketing materials, still and moving images and other recorded material (including digital and other forms of material), music, text, prints, packaging, and any other materials we use or furnish in connection with our business (“Tae Bo® Fitness Materials”). Any and all use by you of the Tae Bo® Fitness Intellectual Property and/or material 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 for any such Tae Bo® Fitness Intellectual Property or Material.
- License. During the time your Tae Bo® Fitness Instructor status remains in effect under this Agreement, we grant to you a personal, non-transferable, revocable, limited, non-exclusive, non-sub-licensable license, without warranty, to use the items of 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 Tae Bo® Fitness 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 Certified Tae Bo® Fitness Elite Instructors who are allowed to certify other instructors.
- Prior Approval. All use of the Tae Bo® Fitness Intellectual Property and/or Materials is subject to our prior consent and approval, which may be withheld or revoked at any time at our sole discretion. Any unauthorized or non-approved use of the Tae Bo® Fitness Intellectual Property or Materials is grounds for immediate revocation of your status as a Certified Tae Bo® Fitness Instructor and termination of any rights you may have under this Agreement. From time to time we may provide general instructions for pre-approval forms of use. When using any Tae Bo® Fitness Intellectual Property and/or Materials you will include all appropriate copyright and/or trademark notices as instructed by us. If no specific instructions are given, the following instructions apply in any authorized materials you produce: Tae Bo® Fitness and Billy Blanks® are registered trademarks Copyright ® 2014 BG Star Productions, Inc. All Rights Reserved.
- 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 us. You agree not to copy, redistribute, create derivative works from, sell or otherwise use the Tae Bo® Fitness Intellectual Property and/or Materials except as set forth herein. You shall not change the form or content of any such items without our express prior written approval. Further, you will follow any and all usage guidelines we may amend from time to time. Without in any way limiting the generality of the foregoing restriction, your use of the Tae Bo® Fitness Intellectual Property and/or Materials shall be subject to the following restrictions:
- No registration. You agree not to apply for, register or attempt to register Tae Bo® Fitness or any other Tae Bo® Fitness Intellectual Property or any confusingly similar term, 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.
- ii. Internet, Telecommunications. You will not use Tae Bo® Fitness or any confusingly similar term 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 prior written consent.
- iii. No License to other Materials. Other than the Tae Bo® Fitness 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 our prior written consent. iv. Use Only for Tae Bo® Fitness Instruction. 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 under the Tae Bo® Fitness name, logo, or other Tae Bo® Fitness Intellectual Property. Using your Certified Tae Bo® Fitness Instructor status or any Tae Bo® Fitness trademarks or other Intellectual Property to advertise, promote or sell any non-Tae Bo® Fitness products or services is prohibited.
Website Retention: Prior to the creation/purchasing of a Tae Bo® Fitness domain name you must contact BG Star Productions Inc./Tae Bo® Fitness for approval. Domain names are granted on a first come first serve basis. Domain names must contain the words teamtaebo followed by the city that your facility is located in. Below are examples of properly created Tae Bo® Fitness website domain names you may submit for approval.
Social Media Retention
When you are requesting approval for a Tae Bo® Fitness website we recommend that also request to name your Tae Bo® Fitness social media pages the same way. Examples are below:
You may also request to name your Facebook page starting with your name and then the words Tae Bo®. Examples are below:
These are examples which adhere to our Trademark Usage Policy to use for a personal Tae Bo® Fitness website URL creation, and social media creation, but are still REQUIRED to be approved PRIOR to using or distributing.
- Protection of Tae Bo® Fitness Intellectual Property and Materials. You will notify us if you become aware of any person or business using any Tae Bo® Fitness Intellectual Property or Materials improperly or without our approval, and you will reasonably cooperate with us in any legal action we may pursue to protect our rights relating to all Tae Bo® Fitness intellectual Property. We will be entitled to the entirety of any damages, costs, or fees recovered by any legal action.
- Recording and Use of Video. You agree that you will not:
- Videotape or otherwise record any Tae Bo® Fitness-based workouts and/or any classes or instruction you conduct.
- Publish or display for free any videotaped or recorded Tae Bo® Fitness-based workouts and/or any classes or instruction you conduct, whether online or in any other medium.
- Publish or display for payment any videotaped or recorded segments of any Tae Bo® Fitness-based workouts and/or any classes or instruction you conduct, whether online or in any other medium.
- Quality Control. You acknowledge and agree that you must conduct all Tae Bo® Fitness Instruction in a professional manner, consistent with the highest standards for personal fitness instruction, including appropriate attire and conduct. Without limiting the foregoing, you agree that all services and activities you engage in or offer in connection with any Tae Bo® Fitness Intellectual Property are subject to our approval for quality, and you agree to cooperate with us in facilitating our control over the nature and quality of your marketing and services using any Tae Bo® Fitness Intellectual Property, to permit observation of your instruction, to promptly comply with all instructions from us, and to supply us with evidence confirming compliance with this Agreement upon request.
- Appropriate Conduct. You acknowledge that you are not our employee or agent, and do not have authority to enter into any legal agreement or bind us in any way. Nevertheless, you understand that, as a licensee of the Tae Bo® Fitness Intellectual Property, you represent our Brand to the public. Accordingly, you agree to act in a legal, professional, non-disruptive, and appropriate manner at all times. Without limitation, this means you will 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 or associated goodwill, or the Tae Bo® Fitness Materials. We reserve the right to determine, at our sole discretion, what types of conduct are detrimental, disruptive or inappropriate for our Brand and public image. This Agreement may immediately be terminated for any inappropriate conduct.
5. Conduct of Certified Tae Bo® Fitness Instruction/Training:
- Instruction. Your limited license permits you to teach live Tae Bo® Fitness exercise classes only, subject to compliance with all the terms and conditions of this Agreement, including but not limited to: • Maintaining a current monthly instructor membership (TBM) account at all times. • Maintaining current CPR certification at all times. • Attending the Tae Bo® Fitness Conference every other year. • Maintaining any separate trainer certifications from a national fitness association.
- Format Instruction. In your Tae Bo® Fitness Certification Camps/Classes, you have learned how to properly conduct a Tae Bo® Fitness Class. We require you to adhere to the overall principles and structure of the Tae Bo® Fitness workouts when teaching your own classes.
- i. You are responsible for the safety and welfare of your students.
- ii. You are responsible to ensure that all equipment is in working order, used appropriately by your students and returned to its proper place, leaving the facility in the same, if not better, condition than when you arrived.
- iii. If someone is injured, make sure you inform the facility, fill out an incident report and inform the proper authorities. iv. In the event of an emergency, you are still responsible for your students. Informing the training facility of your emergency is also your responsibility.
- Music. We recommend using a wireless mic in order to be heard over the music. You may choose any music as long as it does not contain profanity and is not offensive. Certified instructors must also ensure the stereo volume is turned down at the end of class.
- Merchandise. You may not sell Tae Bo® Fitness or Billy Blanks® merchandise without prior writing approval from BG Star Productions, Inc.
- Compliance with Law. You are responsible to comply with all appropriate laws and regulations for the operation of your business in relation to your Tae Bo® Fitness Instructor Certification, 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 recommended that all Certified Tae Bo® Fitness Instructors maintain a personal trainer insurance policy to protect them and their business.
- All Certified Tae Bo® Fitness Elite Instructors must provide the corporate office with verification they are covered by a personal trainer insurance policy.
- Certified Tae Bo® Fitness Elite Instructors must notify the corporate office IMMEDIATELY in the event that insurance coverage is cancelled, amended or modified in any way. Certified Tae Bo® Fitness Elite Instructors will be prohibited from hosting a certification camp, certification challenge, or ultimate experience until such coverage has been reinstated and the corporate office has been provided the updated coverage information.
- Tae Bo® Fitness Instructors shall defend, hold harmless and indemnify BG Star Productions, Inc/Tae Bo® Fitness from and against any and all liability, loss, claim, injury, damages, costs, attorney’s fees and expenses of whatever kind or nature which you may incur by reasons of the intentional or negligent acts, errors, or omissions arising from one of the classes. Tae Bo® Fitness Instructors are in connection of the services as set forth in the Agreement. Upon completion of all services, obligations and duties provided for in the Agreement, or if this agreement is terminated for any reason, the terms and conditions of this section shall survive
- Integrity of Certified Tae Bo® Fitness Instruction. Any instruction you give in connection with the Tae Bo® Fitness name with Tae Bo® Fitness Intellectual Property and/or Materials must follow the overall structure, principles and training techniques embodied in the Tae Bo® Fitness system. You may not create any workouts or teach or instruct any classes that do not follow the Tae Bo® Fitness system, or that include or consist of Tae Bo® Fitness workouts combined with any other workout, exercise or fitness routines, whether from a third party or otherwise in any form that does not accurately represent the Tae Bo® Fitness system, as determined by us as licensor. Nor may you use any brand name or description for Tae Bo® Fitness classes or instruction other than the specific names given to each workout by Tae Bo® Fitness.
6. Advertising and Marketing
- Any advertising or marketing activities you conduct in connection with your Certified Tae Bo® Fitness Instructor Status must follow the terms and conditions of this Agreement. Those activities 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 by us for use in connection with your Tae Bo® Fitness Classes, including the Tae Bo® Fitness logo, or any other materials. Without limiting the generality of the foregoing, the following specific provisions also apply.
- Use of Certified Tae Bo® Fitness Instructor Designation. During the term of this Agreement, as a Certified Tae Bo® Fitness Instructor, you may:
- i. Use the protected Tae Bo® Fitness Logo, but only in the form and format provided by us.
- Advertising and Marketing Materials. All advertising, marketing, promotional, and other materials you use to communicate your services and status as a Certified Tae Bo® Fitness Instructor are subject to our approval, including but not limited to any websites or social media pages, all of which must comply with all applicable laws and regulations, as well as all terms and conditions of this Agreement, and must not infringe 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 exactly the form that we provided to you. Without limiting the foregoing, you may not do any of the following without prior written approval and permission:
- Make any claims or statements (which include 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 claims may only be repeated in exactly the same format upon prior written approval from us.
- Specifically, you may not make any claim or statement that the Tae Bo® Fitness can cure, treat, diagnose, mitigate, or prevent any conditions or diseases or achieve any guaranteed results.
- Create or use, or assist or encourage any third party to create or use any Tae Bo® Fitness Intellectual Property in connection with any products, including but not limited to apparel (including, for example, T-shirts, caps or other similar items), accessories, key chains, sports equipment, ingestible products, DVDs, or anything else.
- Use the name, image or likeness of Billy Blanks® without prior written consent.
- Use of Your Name, Image, or Likeness. You grant us (including our affiliates, subsidiaries, representatives and assigns, officers, employees, advertising and promotional companies, distributors, or any person(s) or corporation(s) acting with our 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, voice, statements and/or likeness in connection with any advertising promotion, marketing, or other informational manner relating to the Certified Tae Bo® Fitness Instructor Program, in any media now known or later wwwised, in such manner, for such purposes and with such frequency as we shall determine at our sole discretion without compensation or consideration to you, without attribution to you, and without further authorization by you. Such use may include, but is not limited to identifying you in published lists (including online) of Certified Tae Bo® Fitness Instructors, including your geographic location and status (including whether your certification remains in good standing under this Agreement). You agree to execute any and all documents necessary for us to exploit your grant of rights under this paragraph. You agree to waive artistic or moral rights in and to any materials created or used by us under this section.
- Non-Disparagement. You agree not to make negative comments or remarks in any medium (oral, online, written, or while providing instruction or training) about the Tae Bo® Fitness Program, Billy Blanks, BG Star Productions, Inc. or any personnel of the foregoing (directors, owners, employees, consultant, partners, etc.).
- News Coverage. You may promote your Certified Tae Bo® Fitness Instructor Status 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, in the event you do so, you must inform the news organization or publisher of our guidelines for proper copyright and trademark usage. If you are aware of such coverage in advance, you must notify us of such coverage by emailing [email protected] If you are not aware in advance, you must notify us promptly after the coverage takes place and, when possible, provide us with a copy of the article or the footage for such news coverage.
7. Tae Bo® Membership Program (T.B.M.)
- ALL certified instructors are required to maintain a current monthly instructor membership (TBM) account through the Tae Bo® Membership Program in order to remain a currently certified instructor. All materials readily available and supplied to you via the Tae Bo® Membership Program are covered by the terms and conditions of this Agreement and any additional terms and conditions we may supply in connection with a particular item or items provided via the Tae Bo® Membership Program.
- You agree that materials received by you by virtue of your enrollment in the Tae Bo® Membership Program is exclusively for your benefit and use. You shall not copy, duplicate, sell, distribute or otherwise disseminate any materials you obtain by virtue of becoming a Tae Bo® Fitness Member. In the event of termination of this Agreement for any reason, you agree to retain your Tae Bo® Membership Program materials, destroy them, or return them to us, and not to sell or give them away or to use them in connection with any other brand, product or service.
- You acknowledge and understand that if your TBM account is suspended for non-payment your instructor status will be suspended. In addition, you understand that any suspended TBM account not brought current within 5 days will result in your current instructor status being revolved, requiring you to begin the certification process over again by attending a Basic Certification Camp.
- You agree that all materials received by virtue of your enrollment in the Tae Bo® Membership Program are exclusively for your benefit and use. You shall not copy, duplicate, sell, distribute or otherwise disseminate any materials you obtain by virtue of becoming a Tae Bo® Fitness Member. In the event of termination of this Agreement for any reason, you agree to retain your Tae Bo® Membership Program materials, destroy them, or return them to us, and not to sell or give them away or to use them in connection with any other brand, product or service.
- You agree to comply with all licensing and requirements posted (and occasionally upated) on our website, relating to materials provided to you through your Tae Bo® Fitness Membership and your Tae Bo® Fitness Instructor Certificate.
- You agree to comply with any licensing or use requirements we may post, and from time to time update, on our website, relating to materials readily available as well as provided to you through your Tae Bo® Fitness Membership & Tae Bo® Fitness Instructor Certificate.
- Relationship of the parties. Your participation in the Tae Bo® Fitness Certification Program does not establish an employer/employee, partnership, franchise, agency, joint venture or other similar relationship between you and us. 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 status as a Certified Tae Bo® Fitness Instructor is personal to you and cannot be transferred, sublicensed or otherwise made available for use by anyone else.
- No Guarantee. We do not guarantee any level of success or income that you may generate by becoming a Certified Tae Bo® Fitness Instructor.
- Liability Release. You understand and acknowledge that, as with any exercise program, participation in the Tae Bo® Fitness Certification Program will include physical activity and use equipment, and that there are certain risks associated with those activities and equipment, including the risk of serious injury. You expressly and voluntary assume all risk and, to the extent permitted by law, waive any and all actual or potential claims against Billy Blanks®, Tae Bo® Fitness and BG Star Productions, Inc. (including each of our respective 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 in the Tae Bo® Fitness Certification Program, including the associated physical activity and equipment.
- Indemnification. You agree to indemnify and hold harmless Billy Blanks®, Tae Bo® Fitness, BG Star Productions, Inc. and our respective parents, affiliates, subsidiaries, representatives and assigns, employees, officers, owners, attorneys or any person(s) or companies acting with any of 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 against any of BG Star Productions, Inc. that arises from any breach by you of the terms and conditions of this Agreement, or from your negligence, willful misconduct, or any other act or omission of yours, or from any of your advertising or promotional materials or activities.
- Disclaimers. The Tae Bo® Fitness Intellectual Property, the Tae Bo® Fitness Materials, and any products sold or provided through the Tae Bo® Fitness Store are all provided AS IS. We make no representations or warranties, express or implied, to you with respect to the Tae Bo® Fitness Intellectual Property, the Tae Bo® Fitness 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.
- Notices. Any notice, request, demand or other communication given or made under this Agreement shall be in writing and shall be deemed received
- i. on the same day if delivered in person, by same-day courier to the signatory or another person known to the parties to receive communications regarding the Agreement,
- ii. on the next day if delivered by overnight mail or courier, or
- iii. three (3) business days after the date of deposit in the U.S. Mail for delivery in the U.S. A party may change its address for receiving notice by giving written notice per this paragraph. Notices to us must be made in person or by mail or courier in a manner that permits the tracking and delivery of the notice to Tae Bo® Fitness c/o BG Star Productions, Inc. 790 Hampshire Road Suite A, Westlake Village, CA 91361 Attention: Instructor Coordinator. Notices to us shall only be effective upon receipt and if receipt can be established. Notices to you may be made to your physical or electronic mail 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 contract information is not current.
- Assignment. You may not assign or delegate any rights or obligations under this Agreement. We may assign, transfer, sub-license, 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 or applications to this Agreement which can give effect without the invalid provisions or application, and to this end the provisions of this Agreement are declared to be severable.
- Governing Law. The validity, construction and effect of the Agreement shall be construed and interpreted according to the laws of the State of California, regardless of your place of origin. Any and all disputes, controversies, or claims that may arise between you and us under this Agreement shall be settled by arbitration in the State of California pursuant to the laws of the American Arbitration Association.
For the most accurate information, please direct any questions, comments, or concerns to the Tae Bo® Fitness Corporate Office. You can contact the corporate office by e-mail at [email protected] or:
790 Hampshire Road Suite A
Westlake Village, CA 91361
Phone: (805) 777-7573
Fax: (805) 777-1145