S.E.A.T. – Terms & Conditions Agreement

S.E.A.T. INSTRUCTOR AGREEMENT

The instructor commits to only teach S.E.A.T. upon successful completion of the S.E.A.T. Instructor Certification and after signing up to be a S.E.A.T. Member. After an instructor becomes both S.E.A.T. certified and a S.E.A.T. Member, then the instructor can teach at any facility. There is no facility license required to teach S.E.A.T. The instructor further commits to only use the S.E.A.T. choreography, music, or marketing in conjunction with the S.E.A.T. program and no other program.  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.

CERTIFICATION
The Instructor Certification process includes the completion of a live, live-stream or online certification course.  The certification must be completed by every instructor. This course includes education either by a live instructor or a video to watch, a manual to read and an online examination. Included in the course is a complimentary release kit which contains music, a video, and choreography notes.  When you become certified in S.E.A.T., you are automatically certified in all our S.E.A.T. formats as the program expands.

Once the certification is completed and the instructor passes the certification exam, the student will receive their automated, downloadable Certificate of Completion. After an instructor passes the online certification, the instructor may take a live or live-stream course FREE of charge within a year.  Also, at that time, the instructor may choose to submit an optional video assessment.

VIDEO ASSESSMENT
The video assessment is completely optional. The instructor records a video of 1, 2, 3, or all tracks of choreography and submits it for review to the S.E.A.T. Team. The video assessment may be submitted without charge at any time within the first year of certification. www.seatfitness.com/assessment

CERTIFICATION RENEWAL
There is no certification renewal requirement for the S.E.A.T. program.  Once an instructor takes and passes the certification course, they are eligible to become a S.E.A.T. Member.  Once the instructor becomes a S.E.A.T. Member they will receive quarterly choreography kits.  If an instructor cancels their S.E.A.T. Membership, their certification status also ends.  To re-certify, the instructor must once again become a S.E.A.T. Member.

MEMBERSHIP
Only S.E.A.T. certified instructors may become a S.E.A.T. Member and be eligible to purchase S.E.A.T. kits. S.E.A.T. kits are only available to Members.  It is recommended that instructors sign up to be a Member at the S.E.A.T. certification. Certified instructors who are not S.E.A.T. Members may not teach the S.E.A.T. program.

FACILITIES

Members may teach S.E.A.T. at a variety of facilities:  health clubs, boutique studios, YMCAs, JCCs, recreation centers, retirement homes, medical settings, and public places such as malls, libraries, or businesses.

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

• SCW Fitness Education holds exclusive rights to distribution and the signing up of S.E.A.T. Members as the owners of any and all associated intellectual property.
• SCW Fitness Education exclusively signs up Members to carry out S.E.A.T. classes
• A primary Group Exercise Certification (from SCW Fitness Education) is encouraged, though not required, to teach S.E.A.T.: www.scwfit.com/store/groupex
• An SCW Active Aging Certification is also encouraged: www.scwfit.com/store/activeaging
• Instructor agrees to complete the entire certification to teach S.E.A.T. classes
• Instructor agrees to sign up to be a S.E.A.T. Member and teach 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, 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 conduct S.E.A.T. classes at any Health Club, Retirement Home, Rec Center, YMCA, Boutique Studio, or any public place.

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. For a certified instructor to maintain status as current, the instructor must become a S.E.A.T. Member and teach the most current release of the S.E.A.T. choreography kit. Alternatively, a facility may purchase the membership on an instructor’s behalf, provided that the facility’s purchase must be for a certified S.E.A.T. instructor’s individual use only, and not for the use of any other instructor.

b. No materials within the choreography 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 a 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 choreography 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.

b. The instructor otherwise breaches any part of this agreement or violates 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. Upon termination, instructor agrees to immediately cease performing S.E.A.T. classes, ceases 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; choreography kit includes all materials provided by S.E.A.T., including music, audiovisual footage, choreography, education notes, instructor manuals, marketing materials; 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.