Trainee's License Agreement
This agreement (the “Agreement”) is made between Barre Intensity LLC, whose address is 2600 Lauren Court, Royal Oak, MI, 48073 and the Trainee who is registering for training with Barre Intensity (the “Trainee”). This Agreement is made as of the date that Trainee registers for training through Barre Intensity’s website.
- The Trainee shall receive training from Barre Intensity LLC in its proprietary Barre Intensity exercise technique at the cost agreed to by Trainee and Barre Intensity LLC. Payment and execution of this Agreement are required at the time of registration.
Barre Intensity LLC will train Trainee in the Barre Intensity technique as follows:
(a) Barre Intensity LLC will conduct class or online instruction for up to a total of 14 hours.
(b) It is recommended Trainee observe and participate in Barre Intensity classes for a total of 20 hours, either from another Barre Intensity certified Trainee or via Barre Now (online Barre Intensity video site) located at www.barrenow.com. 20 hours should be broken up evenly between observation and participation, for a total of 10 hours each.
(c) Following the 20 hours of observation and participation, Trainee is advised to practice teach Barre Intensity for a total of 10 hours. Practice teaching may take place at any location secured by the Trainee.
(d) A final practical test out is required to be considered certified in the Barre Intensity technique. The test out consists of Trainee video recording themselves teaching a full 55 minute Barre Intensity class to at least one student. Trainee is responsible for uploading the video to Barre Intensity via www.barreintensity.com/testout. A fee of $45.00 is required upon time of submission. If the Trainee does not pass the test out, a new video may be required at an additional cost. Trainee will have 12 months from the first day of their class instruction to receive their certification. If certification is not received within 12 months, Trainee may be required to attend an additional training weekend at the Trainee’s own expense.
When Trainee completes the training and receives a passing grade on the test out described in paragraph 2 above, Trainee shall be certified by Barre Intensity LLC in the Barre Intensity technique (the “Certification”) and have their name posted on www.barreintensity.com as a certified Trainee. Trainee may however use the Barre Intensity name and technique without passing the final practical test out as stated in section 4 below. Barre Intensity LLC may offer continuing education workshops for Barre Intensity Trainees.
When Trainee completes the training, Barre Intensity LLC grants Trainee a non-exclusive, non-transferable license (the “License”) to use the Barre Intensity technique for Barre Intensity classes at any gym/studio with a ballet barre and adequate equipment. Employment is at the discretion of the studio/gym owner or hiring manager. If teaching the Barre Intensity format and using the Barre Intensity name, Trainee is required to name their class nothing other than “Barre Intensity” and use the provided class description.
Trainee may access Barre Now located at www.barrenow.com for a cost of $9.99/month. Barre Now provides 55 minute Barre Intensity classes with associated playlist and written choreography to assist Trainees with teaching tips and choreography.
Trainee agrees that the Barre Intensity technique is unique to Barre Intensity LLC and results from an investment of a substantial amount of money and effort in the technique’s creation and development.
Barre Intensity LLC shall give the Trainee one copy of the confidential, proprietary Barre Intensity manual (the “Manual”). Barre Intensity LLC shall retain all intellectual property rights in the Manual except as expressly provided in paragraph 4 of this Agreement. Trainee shall not make any copies of the manual, or any part of the Manual, or its revisions. If Trainee makes a copy of the Manual or any part of it, or a revision, or discloses the contents to any person or entity not authorized by Barre Intensity LLC, Trainee is deemed to have created an additional license for a fee of $395 for each copy of the Manual or a substantial part, as well as $395 for each person to whom the contents are disclosed. This “additional license” provision is not intended or deemed to be exclusive, but is cumulative of any other rights or remedy permitted by law.
Except to those persons who have a valid, current certification from Barre Intensity LLC in Barre Intensity, and except for normal disclosure in class instruction, Trainee shall not disclose the Barre Intensity technique or the contents of the Manual to any person or entity.
This Agreement does not affect or limit Trainee’s rights to teach fitness classes other than the Barre Intensity technique.
Barre Intensity certification must take place through Barre Intensity LLC unless approved by Barre Intensity LLC to take place elsewhere. Certified Barre Intensity Trainees or those going through training are not authorized to train others on the Barre Intensity method, unless Barre Intensity LLC provides prior approval in writing. If a Trainee provides unauthorized training to any other person, Barre Intensity LLC reserves the right to revoke the Trainee’s License and Certification and/or impose an additional fee.
If the Barre Intensity method is taught to an individual or group of individuals, the class must be titled as Barre Intensity. No other version of the name will be approved.
When promoting Barre Intensity, the Barre Intensity brand guideline will be followed. This pertains to the proper logo, fonts, colors, and class description. Barre Intensity Trainees will not create a website or social media pages specific to Barre Intensity.
Each provision of this Agreement is severable. If any provision of this Agreement for any reason is unenforceable, the provision shall be deemed modified to the maximum extent that is enforceable, and all other provisions shall remain valid and enforceable.
This Agreement sets forth the entire agreement with respect to its subject matter and may be amended only in a writing signed by both Barre Intensity LLC and the Trainee.
This Agreement will be deemed signed by both parties once Trainee completes and submits registration with full payment and checks all appropriate boxes to acknowledge registration and payment.
Barre Intensity trainee training
release, wavier, and assumpiton of risk agreement
I understand and acknowledge that participation in Pilates and in the Barre Intensity Trainee Training (the “Activity”) may result in injury. I understand that there are risks involved in the use of any equipment used for the Activity (the “Equipment”), and that injuries may occur as a result of my use of the Equipment. In recognition of the inherent risks of the Activity that I will engage in, I confirm that I am physically and mentally capable of participating in the Activity and/or using the Equipment. I participate willingly and voluntarily and assume full responsibility for personal injury, accidents, or illness, including death. I also assume responsibility for damage to or loss of personal property as the result of an accident.
I assume the risk(s) of personal injury, accidents and/or illness, and acknowledge that during the Activity I may experience fatigue and/or other issues that may increase the risk of an injury.
I hereby authorize all medical treatment deemed necessary in the event of any injury while participating in the Activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I acknowledge that during the in person course of the Activity, Barre Intensity may take my photograph or video. I hereby grant Barre Intensity permission to use any such photograph or video in materials promoting Barre Intensity. Such use may include publication in program, general advertising, posters, flyers, television, internet, and any other media that may be distributed or shown to or otherwise seen by large numbers of individuals and potential patrons of Barre Intensity. I waive all rights to any financial remuneration of any kind. In consideration of the Activity provided, I, for myself and my heirs, personal representatives or assigns, do hereby waive, release, discharge, hold harmless, and indemnify Studio 1, Inc., Barre Intensity LLC, any related entities, and their shareholders, officers, directors, members, managers, agents, employees, and volunteers (the “Releasees”), from any and all liability, claims, cause(s) of action, present or future, and waive any claims for economic damages, personal injury damages, emotional distress damages and all other damages arising from my participation in the Activity, even if they arise from or are increased as a result of the negligence of the Releasees.
I have had sufficient opportunity to read this entire Agreement. I understand it and agree to be bound by its terms. i understand that by signing this document, i may be waiving valuable legal rights. I FURTHER UNDERSTAND THAT I AM BOUND BY THIS AGREEMENT BY SIGNING IT ELECTRONICALLY OR THROUGH OTHER ELECTRONIC ACKNOWLEDGEMENT.