Please read the below PIIT28® Trainer Agreement carefully as it sets out the rights and obligations of being a PIIT28® Trainer. You will need to accept this agreement to continue into the PIIT28® Trainer Portal. You are encouraged to save and print a copy of the PIIT28® Trainer Agreement so you can review at any time.
PIIT28® TRAINER AGREEMENT
By clicking, you electronically agree to the following terms with oGorgeous Inc. (“we” or “us”). These terms apply to the exclusion of any other terms which you may seek to introduce.
1) In order to maintain quality, getting certified is a detailed process. To teach a PIIT28® class, you must be certified and current with PIIT28®. We will certify you to teach PIIT28® if we determine you have completed a workshop either in person or online, passed a video evaluation, and entered the Official PIIT28® Trainer Portal.
- Trainers have 60 days after registration to submit an assessment video.
- Staying Certified: Once you have completed and passed your video assessment, you will have lifetime access to the PIIT28® Instructor Portal where you can access all of your instructor resources and teaching materials.
- We want everyone who participates in PIIT28® classes around the world to have an incredible, safe, and beneficial class experience, so staying true to the format design is essential. If you are found to be altering the structure of class outside of the guidelines, you may lose your certification to teach PIIT28®.
- We also want to ensure that only trained PIIT28® Trainers access the content inside the Trainer Portal so classes are safe, fun and effective for participants. PIIT28® Trainer Portal content is for your personal use in learning to teach live PIIT28® classes.
- Your training and teaching will be physically demanding. Acceptance of Risk / Waiver of Claims: You understand that you must agree to the release of liability and that any health issues or concerns that require physician consent are your responsibility.
- PIIT28® Trainers are part of a very special community of “good vibes only”. You represent the PIIT28® brand and values to the world. Your actions can influence what people think about PIIT28®, so we expect you to act in a manner that is consistent with the brand and values when presenting yourself as a PIIT28® Trainer either in person or online. You will not do anything that may negatively affect PIIT28® reputation, business or Intellectual Property. You agree to follow any reasonable requirements we ask you to follow to help protect the quality of our brand and Programs; comply with any law that applies; and notify us if you are aware of any breach of the PIIT28® Intellectual Property (including at any facility or by another Trainer, or online). We expect you to gain written permission and acknowledge the source if granted permissions to use any PIIT28® signature movements or choreography sequences.
- Losing your Certification: If you breach this Agreement, we may immediately withdraw your certification by giving you notice. If we withdraw your certification, we may, at our discretion, restore your certification if you agree to meet certain conditions as we may advise from time to time. These conditions may include, re-attending training, and/or compensation for sharing a PIIT28® Release outside of a live class setting.
- Ownership of PIIT28® Intellectual Property: You agree that oGorgeous Inc. owns all rights to the PIIT28® Intellectual Property. Other than the rights licensed to you under this Agreement, you accept and agree that you do not and will not have any rights to the PIIT28® Intellectual Property, PIIT28® Format, PIIT28® Releases, Materials and any other material relating to the PIIT28® Format. To further clarify, you may not:
- a) Use any PIIT28® Intellectual Property in connection with any other product or activity (whether for sale or distributed for free)
- b) Use any of our trademarks in any name including in any business name, domain name, social media user ID or name and blog account user ID or name
- c) Teach others to become a Trainer
- d) In whole or in part, sell, copy, share, upload or broadcast any PIIT28® Materials.
8. Terminating Agreement: We or you may end this Agreement for any reason by giving 30 days’ written notice. We may also immediately end this Agreement by written notice if you breach this Agreement. Once this Agreement has ended, you must:
- a) Stop teaching PIIT28® classes (in whole or in part)
- b) Stop referring to yourself as a PIIT28® Trainer
- c) Stop using the the PIIT28® Intellectual Property and any Materials.
- a) Administration: You will follow any reasonable requirements we notify to you in writing in relation to our administration of including use of any systems to assist us in such administration.
- c) Confidentiality: You will keep confidential any information that we have provided you which is confidential in nature. This obligation continues to apply after this Agreement has ended.
- d) Formal Transfer of the Agreement: We may assign or transfer this Agreement. You are not able to assign or transfer this Agreement.
- e) Updating the Agreement: We may amend or update this Agreement by notice to you which may include notifying you when you login to the PIIT28® Official Trainer Portal (if applicable). Your continued accessing of the PIIT28® Official Trainer Portal or continuing to act as a PIIT28® Trainer after such notice is your acceptance of the updated terms.
- f) Nature of Relationship: You agree that our relationship is independent and that you are not acting as our employee, partner or agent.
- g) No Guarantee of Income: You understand that becoming a PIIT28® Trainer does not guarantee any amount of income and it is your responsibility to develop your own business.
- h) Rights of Third Parties: oGorgeous Inc. will be entitled to enforce the terms of this Agreement. No other person other than you or us may enforce any term under this Agreement.
- i) No Waiver of Our Rights: We do not waive any of our rights. If we choose not to enforce any term at any time, it does not mean we give up our right to enforce it later.
- j) Invalid Terms to be Removed: If any term in this Agreement is found to be unenforceable, that term will be removed from this Agreement and the rest of the Agreement will continue with full effect.
- k) Implied Terms: Any terms that are implied by law (being terms that are not set out in this Agreement) are excluded to the extent legally possible to do so.
- i) Governing Law: This Agreement will be governed by the internal laws of the State of California without regard to principles of conflicts of law. Any disputes will be heard in the state or federal courts in California, and both parties agree and waive any objections to the jurisdiction of such courts. However, actions by oGorgeous Inc. to enforce the intellectual property provisions of this Agreement may be brought in any court or competent jurisdiction where you are located or where the violation is occurring.
10. Definitions. The following definitions apply: PIIT28® Trainer Training means the online training workshop. PIIT28® Trainer means a Trainer in a PIIT28® live class. PIIT28® Intellectual Property means all intellectual property rights created, developed or used by oGorgeous Inc. in relation to the PIIT28® Format, whether existing at the date of this Agreement or subsequently created, developed, or used and includes:
- a) Any registered or unregistered trademarks, names and/or other symbols used by oGorgeous Inc. to identify and promote itself and/or the PIIT28® Format.
PIIT28® Virtual Instruction Policy
The purpose of this policy is to allow certified and current PIIT28® Trainers more opportunities to offer class instruction. This policy can change or be discontinued at any time and instructors will be notified by newsletter in the event that a change or discontinuation occurs.
1. Currently Certified PIIT28® Trainers may teach classes using closed group streaming in a virtual environment, but cannot prerecord or make available any videotaped classes.
2. Trainers can host virtual classes only in closed settings. All classes must be closed to the general public and are intended to be taught as a live class only virtually instead of in a traditional class setting.
3. Trainers are responsible for all liabilities that could result from online classes including but not limited to, music rights, personal liability insurance, facility videography rules, or fees charged to clients.