TERMS AND CONDITIONS LICENSE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY:
As a BeMovedⓇ Certified Licensed Instructor, You are agreeing to be bound by the following terms and conditions set forth in this agreement (“Agreement” or “Terms and Conditions”), which include and incorporate all terms and conditions set forth in the BeMovedⓇ Policies, as those policies may be amended from time to time. The most recent version of the BeMoved Policies has been provided to You. BeMovedⓇ will notify You, via this website, of any updates to the BeMoved Policies, and the most current version of the BeMoved Policies are available to You on the BeMoved website (www.BeMovedDance.com)
As explained fully in the BeMoved Policies, a condition of being a BeMoved Certified Instructor is that You purchase certain items and things from BeMoved from time to time, including without limitation, teaching materials, instructional materials, and class materials such as recommended song and music playlists. While You are a BeMoved Certified Instructor and/or BeMoved License Instructor, subject to the Terms and Conditions of this Agreement, BeMoved, LLC grants You a personal, non-exclusive, non-transferable, limited license and privilege to use the BeMovedⓇ Program.
1. General. While You are a BeMoved Certified Instructor and/or BeMoved Certified Elite Instructor, Artistry BeMoved Instructor You are subject to the Terms and Conditions of this Agreement, You shall be licensed to participate in and use the BeMovedⓇ Program and the BeMoved trademark, consistent with these Terms and Conditions (including the BeMoved Policies). Certification Disclaimer: Please note that during the workshop, each participant is subject to evaluation in order to become licensed. Upon the completion of the workshop, each participant will receive a verbal evaluation as to whether the potential instructor can deliver the product with the experience, integrity and high-quality standards required and envisioned by Ms. Zunker and BeMoved LLC. Should You, the participant, not meet the technical criteria and expectations set forth, Ms. Zunker reserves the right to request You, the workshop attendee, to continue Your BeMovedⓇ practical studies. For purposes of these Terms and Conditions, the BeMovedⓇ Program means the content of all BeMovedⓇ choreography, text, music, playlists, sounds, graphics, images, photographs, Video, trademarks, logos and artwork, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, regardless of the form of delivery or presentation, including digitally, electronically or in hard copy, together with any and all supplements, revisions or modifications thereto. You hereby declare and confirm that the Company, BeMoved LLC is the owner of all the rights to the Works, inclusive of all intellectual property rights and all copyrights, and that you do not and will not have any rights whatsoever in the Works, exclusive of the right of use as specified in the Agreement herein.
2. No Authority to Bind. Except as may otherwise be specifically agreed to in writing by BeMoved, LLC, You acknowledge and agree that You will not at any time hold Yourself out to the public as, and will not assert at any time that You are, an agent, associate, employee or officer of BeMoved, LLC. You understand and agree that You have no authority to act on behalf of BeMoved, LLC or in any way bind BeMoved, LLC by any statement, representation, agreement or contract, unless specifically authorized by BeMoved, LLC in writing to You. As a BeMoved Certified Instructor, BeMovedⓇ Certified Elite Instructor, and BeMoved Artistry instructor You may be invited to enter into additional arrangements with BeMoved, LLC in connection with the delivery of services, for or on behalf of BeMoved, LLC. These Terms and Conditions and the related BeMoved Policies shall operate in addition to such arrangements.
3. License. You agree and acknowledge that each item of content of the BeMovedⓇ Program and the BeMoved trademark are owned, controlled or licensed by or to BeMoved, LLC, and are protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided by these Terms of Conditions, no part of the BeMovedⓇ Program may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way by any method or medium for publication or distribution or for any commercial enterprise, without the express prior written consent of BeMoved, LLC. For so long as You remain a BeMoved Certified Instructor & BeMovedⓇ Certified Elite Instructor in good standing, the BeMovedⓇ Program shall be licensed, not sold, to You by BeMoved, LLC for use only pursuant to these Terms and Conditions, and BeMoved, LLC reserves all rights not expressly granted to You. The rights granted herein are limited to the intellectual property rights of BeMoved, LLC and do not include any other patents or intellectual property rights. All use of the BeMovedⓇ Program and the BeMoved trademark and all goodwill associated therein shall accrue to the benefit of BeMoved, LLC for the purpose of preserving its intellectual property rights. The License prohibits the licensee the right to present BeMoved class Video, Livestream and/or distribute the Works this includes but is not limited to all existing means of media, inclusive of smart phones, tablets, personal computers, in various internet sites, internet platforms, in social networks, in online stores, in video sharing sites (such as Vimeo, YouTube and so on), on television and in any other known means, and inclusive of physically by CDs or any other data storage device. BeMoved LLC is the sole presenter of all BeMoved produced content. BeMoved has discretion to invite BeMoved instructors to present or lead Brand produced Video, or streaming content, The rights granted herein are the intellectual property rights of BeMoved, LLC. All use of the BeMovedⓇ produced video, streaming social media access and all goodwill associated therein shall accrue to the benefit of BeMoved, LLC for the purpose of preserving its intellectual property rights.
4. Use and Disclosure. You agree that the BeMovedⓇ Program contains proprietary information and material that is owned by BeMoved, LLC, and is protected by applicable intellectual property and other laws, including but not limited to copyright and trade secrets, and that You will not use such proprietary information or materials in any way whatsoever except in a manner consistent with these Terms and Conditions. Except as may be specifically set forth in the BeMoved Policies, no portion of the BeMovedⓇ Program may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the BeMovedⓇ Program, in any manner, and You shall not exploit the BeMovedⓇ Program in any unauthorized way whatsoever. BeMoved, LLC reserve the right to change, suspend, remove, or disable access to any BeMovedⓇ Program at any time without notice, and BeMoved, LLC may also impose limits on the use of or access to certain aspects of the BeMovedⓇ Program, in any case and without notice or liability. You further agree that You will not use any third-party materials 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.
It is forbidden to use BeMoved in any manner which is not authorized by BeMoved and/or in any other manner which may be interpreted as damaging the Product or Brand, the reputation, or third parties, and inclusive of in any manner which violates the rights of third parties such as Artists, Artist music/band/writer, royalty and propriety guidelines and laws. BeMoved will bear no liability indefinitely, in regard to BeMoved Instructors who practice or engage in any infringement acts toward Artist, Music, Royalties. for any reason whatsoever, during the term of the Agreement.
5. Termination. This Agreement and the rights granted to You pursuant to these Terms and Conditions shall be effective until terminated. This Agreement and the rights granted to You pursuant to these Terms and Conditions and the related BeMoved Policies incorporated herein will terminate automatically without notice from BeMoved, LLC if Your status as a BeMoved Certified Instructor & BeMoved Certified Elite Instructor is terminated or expires, fails to be in good standing, or if You otherwise fail to comply with any of these Terms and Conditions or the related BeMoved Policies. This Agreement and the rights granted to You pursuant to these Terms and Conditions and the related BeMoved Policies incorporated herein also will terminate upon thirty (30) days’ notice to You, with such notice being delivered by email or overnight carrier. Upon the termination of this Agreement and Your rights hereunder, You shall cease all use of the BeMovedⓇ Program and BeMoved trademark and destroy all copies, full or partial, of the BeMovedⓇ Program or return same to and BeMoved, LLC.
6. Disclaimer of Warranties. You expressly acknowledge and agree that use of the BeMovedⓇ Program (as defined herein) and the BeMoved trademark is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. Except to the maximum extent permitted by applicable law, the BeMovedⓇ Program is provided without warranty of any kind, and BeMoved, LLC hereby disclaims all warranties and conditions with respect to the BeMovedⓇ Program, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
7. Limitation of Liability. To the extent not prohibited by law, in no event shall BeMoved, LLC be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the BeMovedⓇ program, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if BeMoved, LLC has been advised of the possibility of such damages. In no event shall the total liability of BeMoved, LLC to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of three hundred fifty dollars ($350.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Controlling Law and Severability. The Terms and Conditions of this Agreement will be governed by and construed in accordance with the laws of the State of Illinois, as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. As a BeMoved Certified Instructor & BeMoved license instructor You submit to the jurisdiction of the State of Illinois.
9. Complete Agreement. This Agreement, comprised of these Terms and Conditions and the BeMoved Polices, together with any additional written arrangements subsequently entered into between You and BeMoved, LLC pursuant to which You may provide services to, for or on behalf of BeMoved, LLC, constitutes the entire agreement between the parties with respect to the use of the BeMoved Policies licensed hereunder and the relationship between You and BeMoved, LLC, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by the Chief Executive Officer of BeMoved, LLC.
10. REFUND: BeMoved understands that unexpected circumstances may require workshop participants to register late for, defer, or cancel their scheduled BeMoved Instructor Certification Workshop. The following policies are in place to keep BeMoved’s operations running smoothly and to maintain the quality of our workshops.
LATE REGISTRATION FEE: Participants have a suggested registration deadline of 30 days prior to the chosen BeMoved Workshop date. After the 30-day suggested deadline, participants may wait up until 2-weeks prior to the workshop to register, Once the 2-week prior threshold passes, participants will be charged a late registration fee of $125.00 that will be applied to the overall cost of said BeMoved Workshop and to their BeMoved payment plan should participants intend on utilizing a payment plan option.
DEFERMENT: Registered participants have the option to defer their registration to a future BeMoved Certification Workshop of equal training level. To take advantage of this offer, the participant must notify BeMoved in writing 24 hours in advanced of said workshop. A deferment fee of $100.00 will be applied at the time deferment is requested. Said deferment will expire upon the 1 year anniversary of deferment date. Every additional year participant defers, an additional $100.oo charge will be applied.
CANCELLATION: Participants who cancel within 24 hours of purchasing a BeMoved workshop will receive a full refund, minus 20% for administration and processing fees. After that 24-hour threshold, participants who cancel 30 days prior to said workshop, receive a 50% refund and will be charged an administration and processing fee of $70.00. Applicants who try to cancel after the 30-day threshold will be charged a late cancellation fee of $125.00 and will receive a 50% refund and will be charged an administration and processing fee of $70.00. Participants who utilize BeMoved's payment plan option will not be refunded their priorly paid increments upon cancellation.
IN WITNESS WHEREOF, and for good and valuable consideration, the undersigned BeMoved Certified Instructor agrees to abide by these Terms and Conditions in this Agreement, and the BeMovedⓇ Policies as described herein as the may be amended from time to time. BeMovedⓇ
CERTIFIED INSTRUCTOR (“YOU”)and/or BeMovedⓇ
LICENSE INSTRUCTOR (“YOU”) SignatureDatePrint Name
Amendment to Terms and Conditions of BeMovedⓇ License*
The following is an amendment to the Terms and Conditions previously stated heretofore in the BeMoved License Agreement:General.
This section is amended to specify that, as of July 10th, 2017, successful completion of a BeMovedⓇ Workshop, Level-1 (The Methodology of BeMovedⓇ), Level-2 (The Artistry of BeMovedⓇ), and/or Gentle BeMoved®, confers a BeMovedⓇ License and BeMovedⓇ Certified or Certified Elite Instructor Status for a (1) one-year term. Said term is renewable upon the status of licensee’s instruction, and payment of the renewal fee. Said license grants licensee, subject to the Terms and Conditions of the BeMovedⓇ License Agreement, a personal, non-exclusive, non-transferable, limited license and privilege to use the BeMovedⓇ Program. In order to maintain annual eligibility as a BeMoved Certified or Certified Elite Instructor, and in upholding the BeMoved License Agreement, Instructors must attend a BeMovedⓇ Workshop, within their currently held license level (Level-1 or Level-2), every two-years.
Extenuating Circumstances Amendment: Should said BeMoved® Instructor, certified in Level-1 (The Methodology of BeMovedⓇ), Level-2 (The Artistry of BeMovedⓇ) and/or Gentle BeMoved®, be unable to fulfill their re-certification requirement of attending a BeMoved® Workshop within their 24th-36th month due to extenuating circumstances, said Instructor may now submit and gain re-certification through video submission. Said submission must be completed within the mandated 24th-36th month of certification date along with a fee payment of $225.00. Submission delivered post 36th month, will not be accepted and said Instructor will have their certification and licensed status with BeMoved terminated. Said Instructor must provide written intention of completing re-certification via video 6 months prior to certification laps (the 30th month of certification status). Said instructor will be subject to an Official BeMovedⓇ Evaluation based upon a practical demonstration of the licensee’s suitability and command of teaching skills. This extenuating Circumstances Amendment may not be applied to consecutive re-certifications.
BeMovedⓇ Certified Elite Status is contingent upon the successful completion of The Methodology of BeMovedⓇ Workshop (Level-1), pursuant to BeMoved’sⓇ Terms and Conditions, and, in conjunction with, completing of practicing BeMoved’sⓇ Program an Official BeMovedⓇ Evaluation based upon a practical demonstration of the licensee’s suitability and command of teaching skills. Set out within this amendment, approval may be obtained by DVD/video submission.
Extending BeMoved® Certified Elite Genres to Level-1 Methodology Certified BeMoved® Instructors: In cases where a Certified Methodology of BeMoved® Level-1 Instructor has purchased all current Certified BeMoved® Genres —including but not limited to: Warm Up & Cool Down, Bollywood; Backup Singer Moves; Disco; Gospel Pop; Rhythm, Country, & Blues; Pump Up the 80’s, Wild Cool & Swingin’—and said Licensee has also completed their second Level-1 Methodology of BeMoved® Licensing Course (retaking the course within the 24th-36th month period is a mandatory requirement), said Licensee now qualifies for the purchasing of BeMoved® Certified Elite Genres —including but not limited to: Sensual Salsa; Steps That Swing; World Beat Fusion; Stylized 60’s. This amendment of policy does not grant BeMoved® Certified Elite Instructor Status to said Licensee. Should said Licensee wish to gain BeMoved® Certified Elite Instructor Status, said Licensee must still adhere to guidelines laid out under Amendment Section: Level-1 Methodology. This extension only grants permissions to said Licensee to purchase Certified Elite BeMoved® Genres.
BeMoved’sⓇ Artistry Certification (Level-2) is subject to the following Terms and Conditions: Licensee must be in good standing financially with BeMovedⓇ, LLC, as regards to the Terms and Conditions of keeping a current BeMovedⓇ Certified Elite Instructor Status. Licensee must have renewed their BeMovedⓇ Methodology License (Level-1), and said licensee must have actively provided or consistently performed as a BeMovedⓇ Instructor during the 1st year BeMovedⓇ License Certification Period.
TERMS AND CONDITIONS FOR A BEMOVEDⓇ ARTISTRY LICENSE (LEVEL-2) CERTIFICATION WILL BE PERTINENT TO proof of teaching including but is not limited to class flyers, event notices, and or other class documentation and records kept in the regular course of business. BeMoved’sⓇ Artistry Certification (Level-2) is awarded upon completion of the The Artistry of BeMovedⓇ Workshop (Level-2). Renewed annual license is subject to verification of compliance with the BeMovedⓇ Public Teaching Terms requirement.
Certification Lapse/Re-Certification: In the event said Licensee’s Certification lapses after their 24th-36th month, said Licensee must retake their certification level (Methodology Level-1, Artistry Level-2, or Gentle BeMoved) at full cost.