Reforming Foundations Pilates Teacher Training Agreement
1. This Agreement is made between Reforming Foundations School of Pilates LLC, located in Berkley, MI (the "School") and ("Student" or "You").
2. Reforming Foundations Pilates Teacher Training will provide a diverse, inclusive, and safe environment to complete your 450-hour comprehensive Pilates Teacher Training (the "Teacher Training Program"). Successful completion of our program will result in your Certification as a Pilates teacher, and will qualify you to sit for the NCPT exam.
3. Training Enrollment Date.
2021/22 Teacher Training Program
4. Code of Conduct.
The School has a strict Code of Conduct for all Students and instructors. Please see attached Schedule A for this Code of Conduct. Failure to comply with this Code will result in termination of this Agreement and potential expulsion from the program.
5. Liability Waiver.
The Student acknowledges that he/she has sufficient cognitive, emotional and physical health to participate in this strenuous program. The Student participates in the Teacher Training Program at his/her own risk and agrees to execute the Release and Waiver of Liability attached at Schedule B.
6. Disclaimer of Warranties.
The School makes no representation or warranties concerning the use or application of movement lessons and/or procedures taught in this course. The School makes no repre-sentation or warranty as to results to be attained by attending our classes or using our training materials. Similarly, the School makes no warranty whatsoever regarding the Teacher Training Program, whether arising by law, course of dealing, course of performance, usage of trade, or otherwise. The Student acknowledges that he/she has not relied on any representation or warranty made by the School or by Reforming Foundations Pilates & Wellness, LLC.
7. Term and Termination of Agreement.
The term of this Agreement commences on the Training Enroll-ment Date and continues until the Student completes the Teacher Training Program, unless earlier ter-minated as provided under this Agreement (the "Term").
7.1 Termination for Cause.
The School may terminate this Agreement without notice to the Student and cancel the Student's enrollment in the Teacher Training Program if:
- - The Student fails to pay any amount when due under this Agreement, and such failure con-tinues for 15 days after the Student's receipt of written notice of nonpayment;
- - The Student breaches the Confidentiality, Ownership of Intellectual Property, or Liability In-surance provisions of this Agreement;
- - The Student violates the Student Code of Conduct (Schedule A).
Terminations for Cause made pursuant to this Section 7.1 shall not be eligible for reimbursement of any amounts paid by the Student under this Agreement or in connection with the Teacher Training Program.
7.2 Termination Without Cause.
Under certain unusual circumstances, the School may be forced to cancel the Teacher Training Program. If such cancellation occurs, the School shall provide a pro rata reimbursement to the Student based on the percentage of the Teacher Training Program that the Student has completed.
7.3 Effect of Termination.
Expiration or termination of the Agreement will not affect any rights or ob-ligations of the Student that by their nature apply beyond the Term of the Agreement, including, but not limited to, the Confidentiality, Ownership of Intellectual Property, and Payment provisions.
Scheduling and Cancellation Policies
The Teacher Training Program is designed around a core group
of students moving through lessons that build upon each other. Students arrange their calendars and
plan to take all courses in the order they are scheduled. Make-up sessions are available in one-on-one
sessions at $125 per hour. Students are expected to be fully committed to their learning experience for
themselves and their colleagues. Should you choose to discontinue your participation in the Teacher
Training Program, all tuition payments are non-refundable. If you have a significant life altering event, we
will handle each circumstance individually.
Ownership of Intellectual Property.
Student acknowledges that all Teacher Training Program material,
including all documents, audio or video recordings, online modules, methods, written and practical
examinations, and the School's trademark and trade name, is the sole intellectual property of the School
(the "Intellectual Property"). Student shall not use the Intellectual Property for his/her own benefit, or for
the benefit of any third party, nor share the Intellectual Property with any third party without the School's
written consent. Student shall not copy any Intellectual Property without the School's written consent.
Student shall not use any recording equipment during training sessions or classes.
Student acknowledges that, during the Term of this Agreement, Student will have
access to certain Confidential Information. "Confidential Information" includes, but is not limited to,
Intellectual Property, trade secrets, information about the School's business operations, plans, and
methods, and other sensitive or proprietary information, whether oral or in written, electronic, or other
form. Student shall protect and safeguard the confidentiality of the Confidential Information; not use the
Confidential Information, or permit it to be accessed or used, for any other purpose other than to
exercise his/her rights or perform obligations under this Agreement; and not disclose any such
Confidential Information to any person or entity. Upon the expiration or termination of this Agreement,
and at any time at the School's request, the Student shall promptly return to the School all copies,
whether written, electronic, or other form or media, of the School's Confidential Information. The School
may seek equitable relief (including injunctive relief) against the Student to prevent the breach or
threatened breach of these Sections 10 and 11 and to secure its enforcement, in addition to all other
remedies available at law.
The School maintains its own liability insurance and, in addition, requires each
Student to obtain his/her own liability insurance at the Student's own expense ("Student Insurance").
Student Insurance must be maintained in full force and effect for the Term of this Agreement, with limits
no less than $100,000 for each occurrence and $300,000 in the aggregate. Student Insurance must be
issued by a reputable insurance carrier reasonably acceptable to the School. Please contact
email@example.com for more information about satisfying the Student Insurance
Choice of Forum.
Each party irrevocably and unconditionally agrees that it will not commence any
action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or
related to this Agreement in any forum other than the United States District Court for the Eastern District
of Michigan, or, if such court does not have subject matter jurisdiction, the courts of the State of
Michigan sitting in Oakland County. Each party irrevocably and unconditionally submits to the exclusive
jurisdiction of such courts.
This Agreement shall be deemed a contract made under, and for all purposes shall be
construed in accordance with, the laws of the State of Michigan applicable to contracts to be performed
entirely within the State of Michigan and without reference to conflict of laws principles.
Should any provision of this Agreement be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would
become valid and enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.
This Agreement contains the entire understanding between the parties and there are
no other promises or conditions in any other agreement whether written or oral. This Agreement
supersedes any prior written or oral agreements between the parties.
Modification; Waiver of Breach.
This Agreement may be modified or amended only upon the written
agreement of both parties, and then such modification or amendment shall be effective only to the extent
set forth in such writing. The failure of either party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and compel strict
compliance with every provision of this Agreement.