Terms and Conditions

 

PREAMBLE

 

The Cirque Athletics Company has developed a new fitness concept with the name Cirque Athletics. It offers trainer courses and teaches the course participants the elements of Cirque Athletics. After the successful completion of the course the participants get a certificate providing proof of extensive knowledge about Cirque Athletics. Then the participants, subject to their personal training standard, are authorized to give Cirque Athletics classes.

 

When a prospective Cirque Athletics Trainer enrols in a Cirque Athletics® course, the Cirque Athletics trainer is required to ensure that they meet the course pre-requisites and read the terms and conditions online at www. cirque-athletics.com. By registering for a Cirque Athletics® course, the trainer is agreeing to the terms and conditions and entering into a legal agreement; the Cirque Athletics trainer is accepting all terms and conditions outlined by Cirque Athletics. The agreement begins at the date and time of enrolment. Below are the details of the agreement between the Cirque Athletics trainer and Cirque Athletics.

 

GRANTING OF THE LICENSE

 

(1)LICENSOR is owner of the trademarks:
“CIRQUE ATHLETICS” 1969337,
word mark 1969337 ” CIRQUE ATHLETICS “,
ID word mark 1969337” CIRQUE ATHLETICS “

2) LICENSOR grants TRAINER the non-exclusive and non-transferable right to use the trademark„ CIRQUE ATHLETICS “ in accordance of the conditions of this agreement to offer and give classes for a period of 1 year after receiving the certificate and to advertise for them using the trademark “CIRQUE ATHLETICS”.


(3) Place of jurisdiction is the country of Australia. The right of TRAINER to use the trademark “CIRQUE ATHLETICS” is restricted to country the attended trainer course was given and the person concerned (TRAINER). For the usage of the trademark “CIRQUE ATHLETICS” in other states an explicit approval is required. TRAINER is only allowed to use the trademark for the purpose of giving classes in his capacity as an trainer. It is especially prohibited that other trainer, who are not trained under the conditions of this agreement, give CIRQUE ATHLETICS classes on behalf of TRAINER.


(4) TRAINER is not authorized to use the trademark “CIRQUE ATHLETICS” in any way which is not explicitly allowed through this agreement. TRAINER is not allowed to give sublicenses. TRAINER is not allowed to use similar trademarks or make-ups for other fitness products and/or fitness services. Furthermore, TRAINER will not include the trademark “CIRQUE ATHLETICS” in identical or similar form in his company name or use it in any other form as trade designation in reference to his business. Also TRAINER is not allowed to offer classes, parts of classes or individual exercises in digital form (for example online workouts) without the written consent of LICENSOR. It makes no difference whether the offer is priced or free-of-charge.
TRAINER has to get the written consent of LICENSOR, if he wants to teach Cirque Athletics or elements of Cirque Athletics in any other form than a regular class. This includes but is not limited to workshops, specials, shows, demo classes and the like.


(5) For the length of the contract TRAINER gets access to teaching material, music, video tutorials and www.trainer.cirque-athletics.com. All material is copyrighted. Distribution, unauthorized use without the consent of LISENSOR is prohibited. Also the use after this contract has expired is prohibited.

 

DEFINITIONS

 

In this Agreement unless the situation otherwise requires:

 

‘Choreography’ refers to the instructions supplied together with the music, list of music, notes and/or DVD of each Release

Class Format’ and/ or ‘Class Structure’ refers to the order and number of tracks, songs, music or phases which together comprise an Exercise Routine class.

‘Exercise Routines’ refers to the choreographed Exercise Routines created by Cirque Athletics

‘Trainer/instructor’ refers to a person who has enrolled in a Cirque Athletics® course, a prospective Cirque Athletics trainer, a Cirque Athletics course participant and qualified Cirque Athletics trainer (according to Cirque Athletics )to instruct an Exercise Routine to attendees of an Exercise Routine class such as Cirque Athletics

Trainer Agreement’ refers to this deed of understanding or such other form of agreement offered in writing by Cirque Athletics.

‘Intellectual Property’ refers to all intellectual property rights, including but not limited to: patents, copyright, rights in Exercise Routine layouts, choreography, sequence of movements, ideas, registered and unregistered designs, equipment, moral rights, registered and unregistered trade marks, service marks, logos, photography, websites, trade names and any right to have confidential information kept confidential; and any application or right to apply for registration of any of the rights already referred to.

‘Licence Agreement’ refers to a document or deed of understanding between Cirque Athletics and the Licensee, (amended from time to time) and includes its schedules and any attachments.

‘Licensee’ is the person or organisation that has entered into a Licence Agreement with Cirque Athletics to conduct the Pre-choreographed Exercise Routines at a specified Location(s).

‘Location’ refers to the Location(s) specified by the Licensee through online registration.

‘Material’ refers to any documentation or other material in whatever form, including without limitation any education resources, all literature, reports, manuals, booklets, specifications, business rules or requirements, marketing materials, training materials, instructions, sound, video and digital recordings, downloads, software, and the subject matter of Intellectual Property.

‘Notice’ refers to a notice, demand, consent, approval or communication issued under this Agreement.

‘Program Manual’ refers to that which is supplied by Cirque Athletics during the initial training workshop or through online course enrolment or registration and which relates to the respective Exercise Routine from Cirque Athletics.

‘Release’ refers to a collection of instructions, sound, music, music lists, software, downloads, notes, video and/or digital recordings supplied together by Cirque Athletics under the same numbered title and which are specific to each Exercise Routine.

‘Representative’ refers to an authorised representative of Cirque Athletics or the Licensee.

 

TERMS AND CONDITIONS

 

Cirque Athletics has the exclusive rights to the Pre-choreographed Exercise Routines of Cirque Athletics. Pursuant to a Licence Agreement, Cirque Athletics has licensed the Licensee to offer the Pre-choreographed Exercise Routine classes. The Cirque Athletics trainer is engaged by a Licensee to conduct the Pre-choreographed Exercise Routine classes. Cirque Athletics is willing to train the Instructor to conduct the Pre-choreographed Exercise Routine classes subject to the Instructor entering into this Instructor Agreement. Cirque Athletics has the exclusive rights to the use of Cirque Athletics Intellectual Property, Materials, equipment, clothing and accessories supplied to Licensees or Instructors. In the event that Cirque Athletics has supplied Intellectual Property, Materials, equipment, clothing and accessories to the Licensees and Instructors, they can be repossessed by Cirque Athletics without notice or the reimbursement to the Licensees or Instructors. This excludes Intellectual Property, Materials, equipment, clothing and accessories that have been purchased by members or the public.

 

Cirque Athletics has the right to terminate Instructor training at any time, this includes the withdrawal of the Online Cirque Athletics Instructor course or cancelling Instructor training workshops. Under no circumstances will Cirque Athletics be responsible for any inconveniences, travel expenses or losses resulting from the cancellation of an online course or workshop for any reason.

 

Upon Cirque Athletics Instructor course enrolment, Cirque Athletics Instructors receive a membership giving them a login and automatic access to all Cirque Athletics Materials such as, but not limited to, video or digital video disc recordings, music lists, music, choreography notes, new techniques, software and Class Formats and Structures, professional development documents, education resources, manuals and instructions (and in some cases Cirque Athletics equipment, accessories or discounts) deemed necessary by Cirque Athletics to enable the Instructor(s) to conduct the Exercise Routine(s); and to complete the Cirque Athletics assessment which could lead to Cirque Athletics qualification. Instructors will be required to pay a quarterly membership fee (which increases annually by 4%). Payment of the membership fee allows instructors to continue to teach the Exercise Routines they are trained in and also gives them ongoing access to the relevant Materials and instructions deemed necessary to teach the Exercise Routines, as determined by Cirque Athletics. Quarterly payments do not necessarily coincide with new releases. Instructors must give notice 30 days prior to payment date in writing to Cirque Athletics if they wish to cancel their membership. By cancelling their Cirque Athletics membership, instructors are no longer permitted to teach Cirque Athletics Exercise routines and classes. Instructors who do not receive qualification will not have access to Cirque Athletics Materials going forward and their membership, including membership fees, will be terminated. Instructors are not permitted to teach Exercise Routines unless they have been approved by Cirque Athletics to do so.

 

The Instructor must use only Choreography for Cirque Athletics and only audio Materials and Choreography for Cirque Athletics that the Instructor has acquired or purchased from Cirque Athletics when conducting Exercise Routine classes; use Materials only for the purpose of conducting Exercise Routine classes in accordance with the Instructor Agreement; not copy or otherwise reproduce Materials for the use of others; not re-sell Materials or Cirque Athletics fitness equipment and accessories; only use Cirque Athletics fitness equipment and accessories in approved Cirque Athletics Exercise Routine classes that the instructor is qualified in and only in licensed locations. Materials, Choreography, equipment and accessories must not be used in any other group fitness classes or personal training sessions in any location.

 

On termination of an Instructor Agreement or Cirque Athletics Instructor suspension or cancellation, the Instructor must promptly return to Cirque Athletics all Materials provided by Cirque Athletics under the Instructor Agreement together with all Materials copied by the Instructor under the terms of the Instructor Agreement and which are in the possession of or control of the instructor including any fitness equipment or accessories and in some cases, clothing. Cirque Athletics Materials and instructions will only be available or sold to Instructors who are enrolled in the course and will only be available or sold on an ongoing basis to Instructors who pass their Instructor assessment resulting in qualification.

 

The Instructor acknowledges that all Materials, routines, choreography, programs, equipment, accessories, Intellectual Property and in some cases clothing relating to the Exercise Routines are the sole property of Cirque Athletics, and that these Materials are confidential and/or trade secrets. Therefore the Instructor acknowledges and agrees that the Instructor will not alone or in conjunction with any other person or company: conduct Exercise Routine classes at any non-licensed location including upon termination of this Agreement or upon Instructor suspension or cancellation, conduct classes including but not limited Handstands, Flexibility, Acro movement, Aerial based training, Circus Skills or any combination of any similar movements to music during a group fitness class during the term of this Instructor Agreement and anytime after the Instructor Agreement is terminated, suspended or cancelled.

 

The Instructor will not solicit, divert or take away, or attempt to solicit, divert or take away other Instructors or customers of Cirque Athletics; disclose directly or indirectly to any person any Materials regarding the Exercise Routines; or use the Cirque Athletics fitness equipment or accessories in any other fitness class or location other than a Cirque Athletics licensed venue. The Instructor will not knowingly do anything which may prejudice Cirque Athletics’s interest in the Exercise Routines.

 

The Instructor will only conduct the Exercise Routine classes in accordance with this Instructor Agreement at a Licensee’s Location. The Instructor will only conduct the Exercise Routine classes using the: Class Format(s) and/ or Structures contained within the Program Manual or course booklet; audio Materials including song compilations and lists and accompanying Choreography supplied by Cirque Athletics for each respective Release and Exercise Routine; techniques contained within the Program Manual or course booklet, or where an Exercise in the Choreography Notes is not contained within the Program Manual, using the Technique described within the Choreography Notes for the respective Release; and Cirque Athletics fitness equipment or accessories. The instructor will not make any changes to the exercise routine and/or remove and/or add choreography, (including the slowing down and speeding up of music, changing moves in Cirque Athletics Exercise Routines).

 

Upon termination of the Instructor’s engagement with a Licensee or upon termination of the License Agreement, whichever occurs first, the Instructor will cease conducting classes of the Exercise Routine and will not directly or indirectly conduct any further Exercise Routine classes or part thereof, or any exercise programs using similar techniques for that Licensee at the Licensee’s Location. The instructor acknowledges that Cirque Athletics is investing significant time, energy and money in training the Instructor in the Exercise Routines, and that Cirque Athletics would be significantly damaged if the Exercise Routines were taught at unlicensed facilities or by instructors without a current Cirque Athletics qualification.

 

Cirque Athletics has the right to photograph the Instructor and video the Instructor’s voice and image and use these recordings for any purpose, world wide.

 

The Instructor acknowledges that Cirque Athletics’s rights are special, unique and of extraordinary character and that, in the event that the Instructor breaches this Agreement, Cirque Athletics may be entitled to significant compensation. The Instructor agrees, therefore, that in the event he or she contravenes the terms Cirque Athletics may; in addition to any compensation or other relief, institute and prosecute an action to enforce specific performance of them by the Instructor. In the event a court determines that the Instructor has breached any of the covenants contained in this agreement, the Instructor shall pay all costs of enforcement of these provisions, including, but not limited to, court costs and reasonable attorney’s fees. The Instructor shall pay to Cirque Athletics as liquidated damages, and not as a penalty, a sum representing the license fee of a facility (determined by Cirque Athletics), multiplied by the number of months the Instructor has provided unauthorised instruction, multiplied (if applicable) by the number of locations the Instructor has provided such instruction. The Instructor acknowledges and agrees that the actual losses to be suffered by Cirque Athletics in the event of violation will be difficult to ascertain, and that these liquidated damages have been arrived at after a good faith effort to estimate such losses and are reasonable.

 

If anything in this Instructor Agreement or part thereof is unenforceable, illegal or void then it is severed and the rest of this Instructor Agreement remains in force.

This Instructor Agreement will be governed by the laws of the State in which the Instructor carries out the Exercise Routine/s, in the country of Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of this State.