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Instructor Agreement

S.E.A.T.® INSTRUCTOR AGREEMENT                                              

The instructor commits to only instruct S.E.A.T.® in licensed S.E.A.T.® facilities upon successful completion of S.E.A.T.® Instructor Certification. The instructor further commits to only use the S.E.A.T.®  moves and music in conjunction with the S.E.A.T® program and with no other program. The Instructor Certification process includes the completion of the live one-day certification or livestream one-day certification, passing of the online examination and fulfillment of any further training suggestions made by official S.E.A.T.® trainers, assessors, or staff. There is also an Online Certification that can be finished in 2-3 hours and includes a video to watch, a manual to read and an online examination. Once the Instructor Certification is completed and the instructor passes the certification exam, the student will receive their automated, downloadable certificate of completion, and at that time may choose to take an optional video assessment.  The video assessment includes the instructor recording 1, 2, 3, or all 6 tracks of choreography and submitting them for review. The video assessment may be submitted without charge at any time within the first year of certification. 


The instructor shall not use the choreography, soundtrack or marketing provided except as choreographed and presented in conjunction with S.E.A.T.®; failure to meet the obligations of this agreement on the part of the instructor will result in the removal of the instructor from S.E.A.T.® instructor lists, and the surrender of the instructor’s ability to receive future S.E.A.T.® releases. Further, the instructor violating these terms shall be liable for damages.

This agreement shall be in force as of the date indicated below.


COMMITMENTS AND OBLIGATIONS FOR S.E.A.T.®

  • SCW Fitness Education holds exclusive rights to distribution and licensing of S.E.A.T.® as the owners of any and all associated intellectual property.SCW Fitness Education exclusively licenses facilities to carry out S.E.A.T.® classes.
  • A primary Active Aging certification (from SCW Fitness Education) is encouraged, though not required, to teach S.E.A.T.®. https://scwfit.com/store/product/active-aging-online-certification/
  • Instructor agrees to complete the entire certification and teach S.E.A.T.® only in facilities licensed to offer S.E.A.T.®.
  • Instructor agrees to purchase the latest S.E.A.T.® release each quarter to maintain their status as a certified S.E.A.T.® instructor.
  • Only after completion of this agreement, including certification and optional video assessment-when applicable, can an instructor be considered a certified S.E.A.T.® instructor.

 

1. CERTIFICATION: When SCW Fitness Education deems that the instructor has satisfied all certification guidelines, the instructor will be certified to instruct S.E.A.T.®.


2. CLASSES: Instructor may only conduct S.E.A.T.® classes: a. In accordance with the terms listed herein, and at a licensed S.E.A.T.® facility

 

3. CERTIFICATION TRAININGS: Instructor must attend and complete all components of the Certification Training as required by SCW Fitness Education and S.E.A.T.® trainers, assessors, and staff.

 

4. INSTRUCTOR OBLIGATIONS: Instructor guarantees: a. Instruction techniques meet the high standards outlined in S.E.A.T.® training b. Method of instruction is not likely to damage the presentation or reputation of S.E.A.T.® or SCW Fitness Education.

 

5. SCW FITNESS EDUCATION | S.E.A.T.® OBLIGATIONS:
a. SCW Fitness Education will maintain your certification as stated above.
b. SCW Fitness Education & S.E.A.T.® will guarantee your training is executed in accordance with SCW Fitness Education’s high standards of professionalism.
c. SCW Fitness Education will communicate with Instructors on a regular basis with information pertinent to S.E.A.T.®

 

6. PURCHASE OF INSTRUCTIONAL MATERIALS & USAGE:

a. In order for an instructor to maintain status as a current certified instructor, the instructor must purchase the most current release of the S.E.A.T.® music kit, or release. Alternatively, a licensed facility may purchase the materials on your behalf, provided that the licensed facility’s purchase must be for an instructor’s individual use only, and not for the use of any other instructor. 

b. No materials within the music kit may be used for any other purpose other than conducting S.E.A.T.®. Instructors are prohibited from selling, distributing, copying, altering, or otherwise reproducing any of the recordings, literature, or material supplied by S.E.A.T.® or SCW Fitness Education. The instructor must only use the S.E.A.T. ® choreography, music, and marketing to teach and promote the S.E.A.T.® program held at the licensed facility.

 

7. ACKNOWLEDGEMENT: Instructor understands and agrees: 

a. SCW Fitness Education owns the rights and maintains the terms governing the use of S.E.A.T.® and related intellectual property, the music kits and all other material related to S.E.A.T.®.

 

8. DISENTITLEMENT and DAMAGES: SCW Fitness Education reserves the right to immediately withdraw your certification without notice, or refuse to certify an instructor if: 

a. The instructor fails to attend any portion of a S.E.A.T.® Certification Training; 

b. The instructor fails to uphold the standards outlined within the educational material; 

c. The instructor otherwise breaches any part of this agreement. The instructor violating these terms shall be liable for damages.

 

9. TERMINATION: This agreement may be terminated with or without cause at either party’s sole discretion. A minimum of 30 days’ notice of termination is required from either party. Should an instructor choose to withdraw their certification under this agreement, this agreement will be terminated immediately. 

a. Upon termination, instructor agrees to immediately cease performing S.E.A.T.® classes, ceasing to use the music choreography, moves, educational material, and any and all recordings, literature, marketing or other materials provided by S.E.A.T.® that remain in the instructor’s possession or control.

 

10. SPECIFIC PERFORMANCE & BREACH OF AGREEMENT: Instructor agrees that specific performance, injunctive relief, and damages are likely to be the only satisfactory remedy to a breach of this agreement, and may be sought by SCW Fitness Education.

 

11. INDEPENDENT CONTRACTOR: Instructor is acting as an independent contractor, and not as an employee, partner, or agent of SCW Fitness Education and/or S.E.A.T.®.

 

12. ISSUANCE OF AGREEMENT & AMENDMENTS: SCW Fitness Education is the only party that may assign this agreement, which is binding for any successors and assigns. No amendment of this agreement will be effective unless it is in writing and signed by both parties: SCW Fitness Education and the instructor.

 

13. FORCE MAJEURE & GOVERNING LAW: Neither party is liable for a failure or delay in performing their obligations in this agreement if the cause of the delay is reasonably beyond control, and the best efforts of both parties are employed. The agreement is governed by the law of the State of Illinois, without regard to conflicts of laws or principles, and the parties submit to the jurisdiction of the courts in the State of Illinois.

 

14. EXECUTION & COUNTERPARTS: Once the instructor takes the certification, this agreement is in full effect.

 

15. DEFINITIONS: The following definitions shall apply is this agreement: a. Agreement means this agreement; certified instructor means a certified S.E.A.T.® instructor; music kit includes all materials provided by S.E.A.T.®, including music, audiovisual footage, choreography, education notes and instructor manuals; intellectual property refers to the rights and interests, including common law rights and interests, created, developed, or used by SCW Fitness Education in relation to S.E.A.T.®, whether existing at the date of this agreement or subsequently created, developed or used by SCW Fitness Education.