6BeMoved Policies & Expectations
The following policies and expectations apply to all Certified BeMoved Instructors referred to henceforth in this document as CBIs or CBI. Purchasing your annual BeMoved Instructor license renews your agreement to agree to the BeMoved Terms and Conditions and instructor BeMoved Policies and Expectations.
1. EDUCATION
An educated and well-trained BeMoved instructor is essential for the safety of class participants and the success of BeMoved and its CBIs.
A. BeMoved endorses repeat attendance of certification programs. CBIs may repeat, or audit (auditing fee), a training program they have successfully completed within one calendar year of their program completion so long as they are a CBI in good standing.
B. CBIs are required to register for all training programs regardless of the number of times they have taken the course.
C. CBIs are strongly encouraged to pursue continuing BeMoved and dance/fitness education on a regular basis. EQUIPMENT All CBIs shall possess the following items to effectively represent BeMoved in the classroom and to facilitate communication with BeMoved.
A computer system: PC or MAC, printer, regular access to email and the Internet.
A music playing device system, such as cell phone or computer.
A computer internet access to view and learn new teaching material.
A telephone with voice mail.
1.a. Education:
In 2010 the mandate to recertify was implemented as a means of quality control and to provide Instructors continuing education in the BeMoved methodology and technique. Continued education is paramount to the brand, and to the client experience of BeMoved. 11 years later we still believe this is the key to the success of BeMoved® Dance. The BeMoved Recertification Policy states that every 24 months Instructors are to retake their Certification Level(s) certification course. Please note that the inclusion of subscribing to BeMoved’s ONLINE Digital Studio has been added as a means of continuing education because it includes hours of classes with Sherry.
*BeMoved, LLC reserve the right to modify and/or cancel the above-mentioned Recertification Addendum policy.
2. LEGAL Intellectual & Confidential Property:
1. BeMoved has created a dance fitness experience dependent upon a specific teaching methodology and class structure, which includes specific exercise components in a specific order and a corresponding music play list. These components, whether taken in whole or in part, are the intellectual & confidential property of BeMoved and, in accordance with the BeMoved Terms and Conditions agreement, may not be copied, licensed or disclosed in whole or in part. Specifically, the items under consideration are the following:
A. Class Choreography: All exercises and dance combination material.
B. Class Structure: Specific sequencing of exercises and dance combinations.
C. Music Playlist: The assignment of each piece of music to each exercise or combination is specific and copy written.
D. CBI Training and CBI Continuing Education Materials: All items including written syllabi, music play lists, video/digital or DVDs, CDs, and verbal communication about BeMoved and its methodology.
3. INSURANCE / Teachers Liability Insurance:
CBIs must carry fitness/dance instructor liability insurance in the amount of $1,000,000.00 each occurrence / 3,000,000.00 general aggregate at all times while holding a valid licensing agreement between said instructor and BeMoved.
4. MERCHANDISE
Effective December 2019, BeMoved LLC is introducing an addendum to our existing merchandise policy to provide greater flexibility for Licensed BeMoved Instructors to produce and distribute BeMoved Logo T-Shirts for promotional and client use. We believe this update will enhance the BeMoved brand presence and strengthen our community of instructors and clients.
Please review the following guidelines and requirements for creating and selling BeMoved Logo T-Shirts: Authorization for T-Shirt Production:
4.a. Active Licensed BeMoved Instructors are permitted to sell BeMoved Logo T-Shirts.
4.b. All expenses associated with the production of the T-Shirts will be the sole responsibility of the Licensed Instructor.
T-Shirt Design Approval:
b.1.. Licensed BeMoved Instructors can engage local printing or promotional suppliers to create BeMoved Logo T-Shirts.
b.2. Before proceeding with the merchandise order, instructors must obtain approval for the final T-Shirt design layout (the printer's "proof") from BeMoved.
b.3. The design must prominently feature the BeMoved® LOGO as a "stand-alone" placement on the T-Shirt layout.
b.4. Any additional text, such as "location" or a tagline, must be placed as a separate secondary detail and must not overshadow the logo/brand name placement. For further clarity on design requirements, instructors can consult directly with Sherry or Esther.
c. Brand Share Revenue: a. BeMoved requires a 15% revenue share on gross sales of BeMoved Logo T-Shirts.
d. The revenue share will be an Honor system partnership. c. BeMoved will not actively seek out sales reports, but we encourage instructors to submit a simple sales summary to assist with our data tracking.
e. Brand Share payments can be submitted monthly, quarterly, or annually, as preferred by the instructor.Exemption of Other BeMoved Brand Merchandise: a. This addendum applies exclusively to BeMoved Logo T-Shirts and does not extend to other BeMoved brand merchandise.
f. All other merchandise remains subject to the existing BeMoved merchandise policy, which is distributed and sold exclusively by BeMoved LLC.We are excited to offer this new opportunity for our Licensed Instructors to showcase and promote the BeMoved brand within their communities.
By adhering to these guidelines, instructors can create high-quality T-Shirts that reflect the essence of BeMoved while maintaining a consistent brand image.
Please feel free to reach out to us if you have any questions or need further clarification on any of the points mentioned above. Thank you for being a valuable part of the BeMoved community!
5. LICENSE:
CBIs are required to purchase and annually maintain a valid BeMoved licensing agreement, as set forth in the BeMoved Terms and Conditions.
6. MUSIC Rights – ASCAP & BMI: All music used for your BeMoved career must be acquired through legitimate means and purchased by you. Music purchases may be made through music subscription services or individual song purchases.
BeMoved understands and appreciates the rights of musicians and does not endorse any copyright infringement.
1. CBIs are responsible for ensuring ASCAP & BMI rights are paid for in any environment in which they teach.
2. “BeMoved Play Lists” consist of popular music corresponding to specific class exercises and are provided to instructors with their teaching materials. The music on these play lists must be legally purchased by the CBI from a legitimate source.
3. BeMoved does not endorse music acquisition from illegitimate sources.
BeMoved Policies and Procedures January 2023 Addendum
6.1. Restriction on Activities. Certified or active Licensed BeMoved instructor shall not, directly or indirectly, sell, divest, acquire, or solicit any offers for, respond to any unsolicited offers for, or conduct any negotiations with any persons or entities in respect to any viable corporate business-to-business transactions (i.e., corporate business to business transactions were the conversation reference a transaction to multiple locations of a single business entity). (i.e., business-to-business corporations such as but not limited to the international Cruise Line industry, fitness franchises, Senior Living communities, and national nonprofit organizations such as YMCA). Certified or active Licensed BeMoved instructor Shall not develop, attempt to develop, actively investigate, or commercialize for its own account directly or indirectly, during the term of this agreement, engage in any activity competitive with or adverse to the Company’s business, whether alone, as a partner or independent contractor. You acknowledge and agree that except as expressly permitted under this Agreement, you nor their respective Affiliates or Sublicensees shall work with any third party on the Compounds and Products that are then subject to development or commercialization activities under this Agreement.
6.1.a. BeMoved Dance Retreats: BeMoved Instructors are prohibited from offering BeMoved retreats. Ms. Zunker presents BeMoved retreats in concert with the ownership of BeMoved management and selected staff.
6.2. LIVE STREAMING - Public Live Streaming - BeMoved does not authorize public /live streaming. If Live Streaming will be offered BeMoved® will produce Live Streaming.
6.2.a) PRIVATE Live Streaming - (closed) invitation streaming (one-way viewing) can be offered by BeMoved instructors if the following criteria are adhered to.
6.2.b) Private Live stream class is defined by the following criteria:
b.1. Invited attendees should have previously taken a BeMoved class - In-Person, Virtual, On-Line.
b.2. Invited attendees have been personally invited to the private platform by the instructor and the instructor has a previous personal and or working relationship to the attendee.
b.3. Invited attendees are registered members of the facility you teach BeMoved Class. If the invited attendee is not registered or not a member of the studio, check with your insurance provider as to what personal information is needing to be collected in order to fulfill the policy requirement. Please confirm with your insurance provider any Wavier details and clarity you wish to obtain.
b.4. BeMoved Instructor has teachers liability insurance and fulfills the liability Insurance underwritten policy regarding Digital teaching for private streaming. The Instructor will obtain written confirmation from Insurance provider that their personal teacher insurance liability coverage / policy includes private live streaming. (* not all facility or studio teacher’s liability coverage extends to teachers who wish to teach on virtual platforms). Get written confirmation from your facilities or studios that you are covered outside of the facility studio property. Please confirm with your insurance provider any Wavier details and clarity you wish to obtain.
6.2.c) Instructors are to use the BeMoved Virtual Royalty Authorized Music Playlists produced by BeMoved ® Dance. **Artistry Level-3 instructors are required to submit “In-Person”, “Streaming & Virtual” class music recommendations to the Founder Sherry Zunker, for Artistic Director consideration and written approval before using. As per the BeMoved Terms & Conditions Agreement; item 4: You further agree that You will not use any third-party materials, including music, in a manner that would infringe or violate the rights of any other party, and that BeMoved, LLC is not in any way responsible for any such use by You. BeMoved, LLC reserves the right upon reasonable notice to inspect Your use of the BeMovedⓇ Program and the BeMoved trademark for the purpose of assuring that said use meets the quality standards and expectations of BeMoved, LLC.
6.2.d) If instructors engage in Private Live Streaming, you agree that you do so at your own risk, you are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge BeMoved® from any all claims or causes of action, known or unknown, arising out of BeMoved® Dance Streaming negligence. You agree not to hold Sherry Zunker or BEMOVED® DANCE liable for any injury that may occur while teaching, for paid or unpaid attendees BeMoved® Dance.
6.3. VIRTUAL Classes
(Direct Supervision) two-way streaming is authorized by BeMoved with the following criteria;
6.3.a) Visual or video-face-to-face BeMoved classes are provided on platforms such as Skype, Zoom, FaceTime, etc. Instructors can charge/ be paid, accept donations, or offer free classes. Please check with your insurance provider for liability terms & conditions.
6.3.b) BeMoved Instructor fulfills the liability Insurance underwritten policy regarding invited Virtual attendees. The Instructor has written confirmation from Insurance provider that their personal teacher insurance liability coverage / policy includes private virtual classes. (* not all facility or studio teacher’s liability coverage extends to teachers who wish to teach on virtual platforms). Get written confirmation from your facilities or studios that you are covered outside of the facility studio property. Please confirm with your insurance provider any Wavier details and clarity you wish to obtain.
6.3.c) Instructors are to use the BeMoved Virtual Royalty Authorized Music Playlists produced by BeMoved ® Dance. **Artistry Level-3 instructors are required to submit “In-Person”, “Streaming & Virtual” class music recommendations to the Founder Sherry Zunker, for Artistic Director consideration and written approval before using. As per the BeMoved Terms & Conditions Agreement; item 4: You further agree that You will not use any third-party materials, including music, in a manner that would infringe or violate the rights of any other party, and that BeMoved, LLC is not in any way responsible for any such use by You. BeMoved, LLC reserves the right upon reasonable notice to inspect Your use of the BeMovedⓇ Program and the BeMoved trademark for the purpose of assuring that said use meets the quality standards and expectations of BeMoved, LLC.
6.3.d) If instructors engage in virtual classes, you agree that you do so at your own risk, you are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge BeMoved® from any and all claims or causes of action, known or unknown, arising out of BeMoved® Dance Streaming negligence. You agree not to hold Sherry Zunker or BEMOVED® DANCE liable for any injury that may occur while teaching, for paid or unpaid attendees BeMoved® Dance.
6.4. RECORDED OR PRERECORDED DIGITAL
BeMoved does not authorize any record or prerecorded class by BeMoved Instructors. All recorded, ONLINE, ON-Demand, and Subscription classes are produced by BeMoved the brand.
6.5. WEBSITE MOBILE DIGITAL Virtual Music
BeMoved, LLC has amended our BeMoved Use of Music Policies to include:BeMoved instructors can use the Original/top-hit BeMoved genre playlist music for virtual classes only if the following National Music Rights and licenses are obtained and maintained. Instructors who are outside of the USA, please contact ASCAP & BMI for details specific to your country / region.
6.4.1. “STUDIO- SPONSORED” VIRTUAL CLASSES – BeMoved Instructors who are hired by a studio, facility or institution (for ease, referred to hereafter as “Studio”) to teach BeMoved classes using the studios virtual streaming service or zoom account. This scenario includes teaching a virtual class on premises at the studio, or teaching a virtual class on behalf of the Studio from your home or another location while using the studios virtual account AND the Studio must acquire and maintain a Website Mobile Digital License (WMD). A WMD license is a specific Music-Rights license for virtual “Studio & Independent” teachers who wish to use top hit music via Application streaming / virtual classes. The WMD license is an additional (or secondary) license to the standard studio/ facility public-performance license.
6.4.2. “INDEPENDENT” VIRTUAL CLASSES – BeMoved instructors who are teaching virtual classes for independent revenue, use their own independent personal virtual / Zoom account (not teaching on behalf of a facility or studio) and who wish to use Original/top-hit BeMoved genre playlist music are required to purchase and maintain an ASCAP & BMI Website Mobile Digital license. Independent instructors who wish to purchase an annual ASCAP Website Mobile license and BMI Digital license to be are to contact ASCAP & BMI for pricing. For more information regarding virtual license use please contact ASCAP and BMI directly. Teachers who teach BeMoved for a Studio and also through an Independent platform, please note: the studio/facility music-rights licenses obtained by the Studio DOES NOT extend to you as an Independent teacher collecting personal revenue from personal virtual classes.
BeMoved instructors are required to follow and adhere to music-rights and royalty licenses legal laws as they pertain to artist copyrights. Music-Right laws protect and compensate the artist’s intellectual property when another is benefiting from the use of that artist's intellectual property.
Definitions and Clarifications:Original/top-hit music is defined herein as the original BeMoved (in-person class) Genre playlist songs.
Instructors who use BeMoved Virtual Music playlists while presenting Virtual BeMoved streaming classes DO NOT need a Website Mobile Digital license because BeMoved has purchased Royalty Authorized music for all the virtual BeMoved playlists. BeMoved will continue to create and release for purchase new Virtual Royalty Authorized music playlists.
7. BeMoved Instructor Social Media Account Names and/or Websites
BeMoved Brand Name cannot be restyled or redesigned within a Social Media account name. BeMoved requests instructors to not use/include their Country, Region, State, City, or County (etc.) location in their social media account name. It is BeMoved’s preference for Instructors to only use their personal “Name” with the BeMoved brand name. The BeMoved Brand Name must show prior to the instructor name - for example, BeMoved with Sally Smith, or BeMovedSallySmith.
**BeMoved Social Media Account Name and/or Website policy does allows for social media account names to include the “Facility Name” - for example, BeMoved at Broadway Dance Center with Sally Smith or BeMoved with Sally Smith at Broadway Dance Center.
8. SAFETY
Cardio-Pulmonary Resuscitation (CPR)It is strongly recommended that all CBIs participate in basic CPR training through a recognized organization such as The American Red Cross or American Heart Association. It is further recommended that all CBIs possess a current CPR card. GeneralIt is recommended that, prior to the commencement of each class, all CBIs tell the class participants to
1. Modify the exercises in accordance with the abilities of participant if the exercises demonstrated are too challenging
2. Stop exercising and sit down if they feel light-headed, exhausted, dehydrated or other unwell.
3. Take water breaks as needed.