This Training Agreement sets forth (i) the terms and conditions under which I will attend and participate in certain Stretch*d Academy® training programs presented by Limber Inc., a Delaware corporation (“Limber.”), and (ii) the terms and conditions governing my use of the Stretch*d Academy trademarks, service marks, methods, techniques, systems, procedures and proprietary written and recorded materials.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM ENTERING INTO A LEGALLY BINDING CONTRACT, AND WILL BE BOUND BY THE PROVISIONS SET FORTH BELOW.
A. I understand and agree that, in order to become an accredited or certified Stretch*d Academy practitioner:
1. I must attend, fully participate in, and successfully complete an online and/or in-person course presented by Limber Inc. (“Stretch*d Academy”), as more fully described in the course description materials available on the Limber Inc. website at www.stretchdacademy.com.
2. Whether I have successfully completed the Stretch*d Academy Trainings will be determined by Limber Inc. (or its designees), at its sole discretion, based on my demonstrated command of the skills necessary to perform Stretch*d Academy and Stretch*d Method techniques.
3. I understand that all trainings must be paid in full, unless separate payment terms have been agreed upon. Payments are non-refundable.
B. I understand and agree that, if and when I become accredited or certified in Stretch*d Academy:
I am entitled to provide services in the method and style taught in the Stretch*d Academy Training Programs.
If I have only completed the Online Trainings, I may refer to myself as a “Stretch*d Academy Online Accredited” and may use the approved .jpeg Accredited badges on my website, social media and other marketing channels.
Once I have completed the associated Online Trainings, I am eligible to apply for the Stretch*d Method Certification Program, which offers multiple levels of 8-12hour in-person certifications. Once I have completed the highest level of the Stretch*d Method Certification Program, I am also entitled to apply to take the Master Certification Board Exam, which, if passed, would qualify me as a Master Certified Stretch*d Method Practitioner.
I must complete a “Master’s Level Continuing Education Session” at least once per year in order to maintain my status as a Master Certified Stretch*d Method Practitioner. A “Master’s Level Continuing Education Session” is a class, session, workshop or lecture taught by a Stretch*d Method Master Trainer or designees.
C. In addition to the foregoing, I understand and agree that:
1. The policies and requirements of Limber Inc. set forth in this Agreement may be supplemented from time to time by the policies and requirements of facilities owned by parties other than Limber Inc. that may be used for the Stretch*d Academy Training Program, and I agree to abide by all such third-party policies and requirements as a condition of my participation in such programs.
2. All materials provided in connection with the Stretch*d Academy Training Program or otherwise provided by Limber Inc., including without limitation, written or printed documents, photographs, audio and video recordings and software programs, and all copies and derivative works relating thereto (the “Stretch*d Academy Materials”), are and will remain the sole and exclusive property of Limber Inc., and I have only a limited, non-exclusive right to use the Stretch*d Academy Materials to the extent necessary to practice Stretch*d Method techniques.
3. “Stretch*d® ” (the “Trademark”) is a registered trademark of Limber Inc., and I have the right to use it in connection with any service provided or marketing only after approval by Limber Inc.
4. I am permitted to use “Stretch*d®, the Stretch*d® Method and Stretch*d® Academy” (the “Trademark”) to identify any assisted stretching sessions I may provide that are strictly in the Stretch*d Method and style.
5. I will, at my own expense, defend, indemnify, and hold harmless Limber Inc. and its owners, directors, officers, employees, agents and representatives from and against any and all liabilities, claims, causes of action, suits, damages, including without limitation, suits for personal injury or death of third parties, and expenses, including reasonable attorneys' fees and expenses, for which Limber Inc. becomes liable, or may incur or be compelled to pay by reason of my activities or my breach of the terms of this Agreement.
6. I acknowledge the ownership of the Trademark by Limber Inc. and agree that I will do nothing inconsistent with such ownership, and that all use of the Trademark and all goodwill arising out of any use of it by me will inure solely to the benefit of Limber Inc. I will not use any confusingly similar name or mark without the prior written approval of Limber Inc., and will include all notices and legends with respect to the Trademark as are or may be required by applicable federal, state and local laws or which may be requested by Limber Inc. I acknowledge and understand that nothing in this Agreement gives me any right, title or interest in the Trademark. The nature and quality of all services I perform in connection with the Trademark will conform to standards set forth in the Stretch*d Academy Training Program and as otherwise established from time to time by Limber Inc.
7. I am not, and will not hold myself out to be, an employee, subcontractor, representative or agent of Limber Inc., and nothing herein constitutes or implies the existence of a partnership, joint venture or grant of a franchise between me and Limber Inc. Any rights granted to me hereunder are personal in nature, and may not be transferred or assigned.
8. This Agreement will terminate, and all rights granted to me hereby will automatically terminate, upon the first to occur of: (a) my failure to successfully complete the Stretch*d Academy Training Program; (b) my failure to comply with any of the terms and conditions of this Agreement; (c) my use of the “Stretch*d” name in any manner not expressly permitted by this Agreement or (d) my failure to adhere to the standards established by Limber Inc. from time to time for accredited or certified Stretch*d Academy practitioners. Immediately upon the termination of this Agreement for any reason, I will return all Stretch*d Academy Materials in my possession or control to Limber Inc. Notwithstanding anything to the contrary contained herein, the provisions of sections C.3, C.5, C.10 and C.11 will survive any termination of this Agreement:.
9. Limber Inc. HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE PRODUCTS, SERVICES OR TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
10. Limber Inc. WILL BE NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), TO ME OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF Limber Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
11. Any dispute concerning the terms of this Agreement will be resolved in accordance with laws of the State of Delaware, without regard to its principles of conflicts of law.
12. This Agreement sets forth the entire agreement between Limber Inc. and me concerning its subject matter and supersedes any understandings or agreements to the contrary, including any oral representations or other statements. The failure of Limber Inc. to enforce any provision of this Agreement will not constitute a waiver of any such provision or any other provision.