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Teacher Certification Program Application

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Manual Replacement Policy

The Classical Pilates USA™ Teacher Certification Manual is comprised of 3 Units (collectively “Manual”) is copyrighted and will be distributed to each Apprentice in the Full or Bridge Program once tuition has been paid in full. Please take note, that because the Manual(s) are copyrighted, they may not be copied or reproduced without the express written consent of the U.S. PILATES™, LLC. Each unit of the Manual may be replaced at a cost of $250/each. Apprentices are cautioned to take very good care of their manual(s). There are numerous ways to accomplish this. For instance, by placing each page in a plastic cover and then placing the pages in a binder to ensure that the pages do not rip. Please also note that it is in violation of copyright laws for anyone to make copy of all or any part of the Manual. Anyone doing so is subject to serious legal consequences. U.S. PILATES™, LLC does not own the copyright; it exclusively licenses its use from the owner. This policy may be rescinded or changed at any time at the sole discretion of the U.S. PILATES™, LLC.


Enrollment Agreement
 
By signing this agreement, I the Apprentice, acknowledges that he/she has read and understand all of the requirements and guidelines of the Application for the Classical PILATES USA™ Teacher Certification Program, including without limitation the Classical PILATES USA ™Bridge Program (collectively “Program”), and that I agree to all of its terms, conditions and regulations.

The Apprentice agrees to participate in the Program at his/her own risk and hereby releases the U.S. Pilates™, LLC (“U.S. PILATES”), and its respective principals, members, officers, directors, employees, representatives, contractors and their successors and assigns from any and all liability resulting from his/her involvement in the Program including without limitation, any injury or death resulting from my participation in the Program.

State laws may vary with regard to the uses or application of the lessons and/or procedures taught in the Program. The Apprentice shall comply with the applicable state law. The U.S. PILATES makes no representation or warranties concerning the uses and application of the lessons and/or procedures taught in the Program other than the Program is fully accredited by the U.S. Pilates, LLC.

4. The U.S. PILATES reserves the right to terminate any Apprentice from the Program for conduct which violates U.S. PILATES policies (including the terms of the Applications for the Program) or the policies of any Certification or Training Center involved in the Program, or which conduct qualifies as unprofessional conduct deemed inappropriate as determined by the U.S. PILATES in its sole and absolute discretion. Apprentices must be able to physically exercise in seminars and during the Apprenticeship to be eligible for certification. The U.S. Pilates reserves the right to suspend or expel Apprentices who cannot participate fully in the Program.

5. Refund Policy: No refunds are given once the Apprentice is accepted into the Program. The Apprentice acknowledges that in the event, for any reason, the Apprentice does not complete the Program, the entire tuition shall still be due and payable to the U.S. PILATES. Apprentice shall be responsible for the payment of all legal fees incurred by the U.S. PILATES in collecting unpaid sums due the U.S. PILATES.

6. I agree I will not use the following marks either alone or in combination with any other wording without the express written permission of the U.S. PILATES ™: (i) United States Pilates Association®, (ii) U.S. PILATES, (iii) U.S.P.A. ®, (iv) Classical Pilates USA Copyright 2022 U.S. PILATES LLC or (iv) The Core of Pilates Education ™ or (v) the logos for the U.S.P.A. and U. S. Pilates ( ). I further agree that I will not record or duplicate through any means any seminars, workshops or written, audio or video, materials distributed in connection with the Program (including without limitation the Teacher Certification Manual) whether distributed by the U.S. PILATES or any Certification Center or any person who conducts a seminar, workshop or anything similar thereto in connection with the Program, without prior written permission from the U.S. PILATES, which may be withheld in its sole and absolute discretion. I understand that if I am expelled or drop out of the Program, I must return any written, audio or video materials (in any format), which I have received in the course of the Program, including without limitation, the Teacher Certification Manual. I understand that (except for the Bridging Program) teaching outside of the Certification Center of origin while an Apprentice is cause for termination without refund.

7. I acknowledge that I may not assign my rights or delegate my duties or obligations under this agreement.

8. LIMITATION OF LIABILITY: EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE U.S. PILATES MAKES NO (AND SPECIFICALLY DISCLAIMS) ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), AND EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT THE APPLICANT/APPRENTICE HEREBY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (EXCEPT WILFUL MISCONDUCT), IN EACH CASE, REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT AND THE DOCUMENTS REFERRED TO IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL THE U.S. PILATES BE LIABLE FOR, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT.

9. Apprentice acknowledges that in order to maintain certification status, Apprentice must take at least 8 hours of Continuing Education Seminars, offered by the U.S. Pilates every 12 months following the date of certification.

10. The rights and obligations of U.S. Pilates LLC. and the undersigned applicant under this agreement, including without limitation, the provisions contained in Paragraph 8, entitled Limitation of Liability, shall be binding upon and inure to the benefit of the U.S. PILATES the undersigned applicant and their respective employees, officers, directors and successors in interests and assigns.

11. All Enrollees (Apprentices) in either The Full Certification Program or the Bridge Certification Program must complete their Certification within one year after acceptance into either Program. Completion shall be defined as having completed all of the exams, hours, and attended all required aspects of either Program. THERE WILL BE NO EXCEPTIONS TO THIS REQUIREMENT AND NO EXTENSIONS WILL BE GRANTED without the express written approval of the U.S. Pilates at its sole and absolute discretion.

12. In the event of a conflict between the terms of this Agreement and the terms of the Application, the terms of this Agreement shall prevail. The terms and provisions of the Application, to the extent not modified by this Agreement shall remain in full force and effect and are deemed incorporated herein.

By signing this Application, applicant acknowledges that he/she has read and fully understands and agrees to all of the terms and provisions of this Application and all of the Appendices annexed hereto and have had the opportunity to review all of these documents with an attorney or any other person deemed appropriate by the applicant. All references to U.S. Pilates and Classical Pilates™ USA shall include the trademark mark ™



Agreement Not To Compete And Not To Disclose Confidential Information

The Undersigned hereby understands and agrees, that in consideration of my application as a candidate for certification as an Apprentice in the U.S. Pilates LLC ™ (“U.S. Pilates”) Classical Pilates USA ™Teacher Certification Program , either Full Time or Bridge (herein collectively called the “Program”) I shall comply with the following material terms and conditions of my training and certification:

1. I understand and agree that all records, whether original, duplicated, computerized, memorized, handwritten, or in any other medium or form, and all information contained therein, including names, addresses, phone numbers, and financial information of any account, customer, client, customer lead or prospect (“Accounts”) of the U.S. PILATES or any U.S. PILATES Certification Center (“Center"), are confidential and are the sole and exclusive property of U.S. PILATES and/or the Center. This information, whether provided to me by U.S. PILATES, or by any Center is entrusted to me as an Apprentice of the Program. None of such Accounts, nor any part of them is to be removed by me from the premises of U.S. PILATES or any Center either in original form or in computerized, duplicated, or copied form except with the written permission of the U.S. PILATES and the Center and then, for the sole purpose of my participation in the Program, and the names, addresses, and other facts in such Accounts are not to be transmitted verbally, in writing, or in computerized form or in any other medium by me except in the ordinary course of my participation in the Program. All of said Accounts or any part of them are the sole proprietary information of U.S. PILATES and/or the Centers and shall be treated by me as confidential information of U.S. PILATES and/or the Centers. I agree not to divulge or disclose this information to any third party and under no circumstances will I reveal or permit this information to become known by any competitor of the U.S. PILATES and/or any Center either during my service or at any time thereafter.

2. I understand and agree that the Accounts are extremely valuable to the U.S. PILATES and the Centers and I agree to take all reasonable measures to maintain its confidentiality and to guard its secrecy. This information is not generally known outside the U.S. PILATES or the Centers and this information is confidential and used only on a "need to know" basis. This information is developed and acquired by great expenditures of time, effort, and money. This information is unique and cannot be lawfully duplicated or easily acquired. Consequently, I agree that these records and the information contained therein are the property of U.S. PILATES and/or the Centers and are deserving of trade secret status and protection.

3. If, at any time, I resign from the Program, provoke my termination, am terminated for cause, or cease my association with U.S. PILATES and/or any Center (through graduation, certification, etc.), I agree THAT DURING MY APPRENTICSHIP AND FOR A PERIOD OF THREE YEARS following my termination for any reason, I will not solicit by mail, by phone, by personal meeting, or by any other means, either directly or indirectly, any Account of the U.S. PILATES or any .U.S. Pilates Center whose name became known to me during my Apprenticeship in the Program. My agreement "not to solicit" means that I will not, DURING MY APPRENTICESHIP AND FOR A PERIOD OF THREE YEARS thereafter, initiate any Copyright 2022 U.S. PILATES LLC 19 INITIALS: ____________ U.S. PILATES ™ LLC Teacher Training Application 2022 FINAL 8-22 1A contact or communication, of any kind whatsoever, for the purpose of inviting, encouraging or requesting any Account:

 

          a. to transfer from any Center to me or to my new employer, contractor or to any third party whether an individual or other legal entity, or to any studio or place where I am teaching Pilates or any exercise program similar to Pilates, or

          b. to open a new account with me or with my new employer or with any third party whether an individual or other legal entity, or with any studio or place where I am teaching Pilates or any exercise program similar to Pilates or

          c. to otherwise discontinue its patronage and business relationship with any Center.

4. In the event of termination and/or completion of my Apprenticeship in the Program at a Center, I shall (i) not solicit, for a period of Three years from the date of termination of my apprenticeship or my completion of the Program, any of the clients or prospective clients of any Center whom I served or whose names became known to me while working as an Apprentice in the Program at any Center, and (ii) return any original records and purge or destroy any computerized, duplicated, or copied records referred to in paragraph 1 and 2 which have been removed from the premises of any Center in any form.

5. Geographic Limitation-During my Apprenticeship in the Program, and for a period of THREE years after the termination of my Apprenticeship for any reason whatsoever or completion of my Apprenticeship, whichever occurs last, I shall be prohibited from competing in any manner, either directly or indirectly, with the business of any teaching of any Pilates exercise program or program similar to the Pilates exercise program where that exercise program is based directly or indirectly upon the principles of the Pilates methodology, whether or not such exercise program is called Pilates or some other name. I shall be restricted from competing in the following areas:

          a. A five-mile radius from the location of any of the Centers set forth in the Application or any Certifying Centers added to the Application herein added prior to the time that my restriction takes effect.

6. . I agree that the aforementioned time and geographical limitations on competition are reasonable and that my agreement to them is required in order that I be accepted into the Program. I further understand that I have been told by the U.S. PILATES that the restrictions contained in this agreement are very important and I have been told to have this restriction as well as the rest of this Agreement and the Application and all other Apprentices reviewed by an attorney of my choice prior to my signing any of the aforementioned documents. I understand that the Center(s) business as well as the business of the U.S. Pilates LLC may be severely harmed if I defaulted under any of the provisions of this agreement.

7. . In the event I breach any of the covenants of any of the preceding paragraphs I agree that the U.S. PILATES & any Center will be entitled to injunctive relief. I recognize that U.S. PILATES & any Center will suffer immediate and irreparable harm and that money damages will not alone be adequate to compensate U.S. PILATES and/ or any Center or to protect and preserve the status quo. Therefore, I CONSENT TO THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER or A PRELIMINARY or PERMANENT INJUNCTION ordering:

          a. that I immediately return to U.S. PILATES or any Center all records whether original, duplicated, computerized, handwritten, or in any other form whatsoever, and that I be enjoined and restrained from using or disclosing any information contained in such records; and

          b. that I be further enjoined and restrained, for the periods set forth in this agreement, from accepting business from any Account who was solicited in violation of this agreement or whose records and information was used in violation of this agreement.

8. . For the purposes of paragraph 7, I agree to submit to, and confer exclusive jurisdiction on, the United States District Court or the State Court which has original jurisdiction for the judicial district or county in which the Center or is located or in which the offices of the U.S. PILATES are located at the option of the U.S. PILATES. This Agreement shall be construed, governed by, and enforced in accordance with the laws of said jurisdiction.

9. . I further consent to the issuance of a temporary restraining order or a preliminary injunction to prohibit the breach of any provision of this contract, or to maintain the status quo pending the outcome of any arbitration or judicial proceedings which may be initiated.

10. I agree that should it become necessary for-the U.S. PILATES or any Center to file suit to enforce the covenants contained herein, and any court of competent jurisdiction awards the U.S. PILATES or any Center any damages and/or an injunction due to my acts, then the U.S. PILATES and/or the Center shall be entitled to recover its costs incurred in conducting the suit, including reasonable attorneys' fees and expenses.

11. I understand that I may not assign my rights or obligations hereunder. The terms of this Agreement shall be binding upon the undersigned as well as it heirs and successors in interest.

12. The provisions of this Agreement shall be deemed severable, and the invalidity or enforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof and any court of competent jurisdiction is hereby given the authority to rewrite those provisions of the agreement which are deemed to be invalid or unenforceable in a manner as to be as closely consistent with the original provision as is legal and enforceable. I acknowledge that I have had the opportunity to consult with legal counsel prior to signing this agreement as well as any other provision of my Application

13. The U.S. PILATES’s or any Center’s failure by to insist upon strict compliance with any provision hereof shall not be deemed a waiver of such provision or any other provisions hereof.

14. This Agreement may not be modified except by an agreement in writing executed by the parties hereto.

15. .Unless otherwise provided for herein, this Agreement shall be governed in all respects, including validity, interpretation and effect by the laws of the State of Florida without giving effect to the conflicts of laws principles thereof.

16. .For the purposes of this agreement, the term National Certifying Centers shall be deemed to mean any U.S. PILATES Certification Center or any other location which becomes a U.S. PILATES® Certification Center during the time that the Apprentice is in the Program as an apprentice.

17. A signed facsimile or electronic signature on this Agreement shall be deemed an original.

18. .Unless expressly modified by this Appendix E, all of the remaining terms contained in the Application and all of the Appendices shall remain in full force and effect and are deemed incorporated herein.


Release Of Liability

1. In consideration of being allowed to participate in the personal fitness training activities and programs of the The U.S. Pilates LLC (“U.S. Pilates”), and its respective members, officers, agents, employees, representatives, executors and all others acting on their behalf (all herein referred to collectively as the Releasees), taking place at various locations, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge the Releasees from any and all claims or liabilities for injuries or damages to my person and/or property, arising out of or connected with my participation in any activities, programs or services of Releasees or the use of any equipment at various sites, provided by and/or recommended by Releasees.

2. I have been informed of, understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, are a potentially hazardous activity. I also have been informed of, understand and am aware that fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.

3. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in these activities or use of equipment or machinery. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in the exercise activities, programs and use of exercise equipment. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise equipment. I acknowledge that either I have had a physical examination and have been given my physician’s permission to participate or I have decided to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs and use of equipment.

4. I understand that the Releasees, providing and maintaining an exercise/fitness program for me does not constitute an acknowledgment, representation or indication of my physiological well-being or a medical opinion relating thereto.

5. I understand that this is a legal document and I have been advised by the U.S. PILATES to receive legal advice before signing. In the event any provision or clause of this Release is found to be unreasonable and/or unenforceable then the parties authorize the court or other administrative body having jurisdiction over the enforcement of this Agreement to re-write such provision(s) in such a manner as to make the same reasonable and enforceable. The remaining provisions of the Release shall continue to be enforceable as written.

A signed electronic version of these documents shall be considered as an original.

 

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