Please read these terms and conditions carefully. By purchasing this program you agree to be bound by the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this web site. If you do not agree with these terms and conditions, please do not purchase the KID-FIT program.
For Executive Business Owners, Daycare Centers, Clubs, Gyms and other Single Site Licensees:
I agree to:
- Duplicate materials not more than once, for archival purposes only. Sharing any KID-FIT™ materials with those who have not purchased a license through Aerobic Fitness Consultants is prohibited. Multiple teachers from a single public school may share the KID-FIT™ curriculum provided each individual teacher is listed at time of purchase. Multiple teachers from a single business location may share the KID-FIT™ curriculum provided each teacher only teaches at that location.
- Follow the KID-FIT™ program completely in order use the name KID-FIT™ and to charge fees at schools, day care settings and other businesses. Each session is to be taught at the scheduled times of year as indicated on the yearly curriculum guide. Each session must be taught in accordance with the lesson plan and visual sample provided. Failure to do so will result in immediate license revocation.
- Conduct myself in a generally agreed upon professional manner. To abide by standards set by the KID-FIT™ program and live in accordance with healthy lifestyle habits.
- Represent myself, or any other person, as an authorized KID-FIT™ Instructor only with proof of a current KID-FIT™ license from Aerobic Fitness Consultants, Inc. Misrepresentation is a copyright infringement and prosecutable as a federal offense. Only those authorized by Aerobic Fitness Consultants with a valid KID-FIT™ license may represent themselves as KID-FIT™ Instructors and/or teach the KID-FIT™ curriculum.
- Use the KID-FIT™ program only as intended, whether in whole or in part. Doing otherwise is strictly prohibited and punishable in a court of law. All materials are intended for classroom use only and are to be used during the specified calendar dates. Once program files or training materials are sent to me no refund is available.
- Be responsible for any music licensing fees in my area (ASCAP, BMI, etc.), retain current CPR certification and liability insurance if applicable. Aerobic Fitness Consultants does not assume any liability for any injury, loss of property, or damage in connection with the KID-FIT™ program.
- Contact Aerobic Fitness Consultants directly for training and placement if I reside or plan on teaching within a 100 mile radius of the corporate office. No independent KID-FIT™ teachers may solicit within this jurisdiction without prior written permission.
- Refrain from soliciting any accounts currently held by any other KID-FIT licensed instructor. Accounts in another licensee's area may be served by me if they are unhappy with the services of their local representative and do not wish to work with them. Alternately, any account in my area may be allocated to a teacher holding a license in another area if I prefer not to do business with them.
- Renew my license prior to the expiration date to continue teaching KID-FIT™. To purchase each additional year's curriculum at a reduced price, I must do so prior to license expiration date. Curriculum purchase renews one KID-FIT™ license without charge for an additional year. Should the KID-FIT™ license expire at any time, full-price is required to start the program again (new license and 1-yr. curriculum). Public schools receive subsidized rates. Call, e-mail or check web site purchase page for non-profit pricing.
- Should I choose to not renew my license and curriculum, I will immediately cease teaching any part of the KID-FIT program, stop using the name KID-FIT for any classes and notify all current clients that I am no longer teaching the KID-FIT curriculum. Failure to do any of the above will result in prosecution to the fullest extent of the law.
- Use the KID-FIT™ trademark only in the forms directed and only for goods and services which meet the standards of quality laid down and approved by Aerobic Fitness Consultants. The symbol "TM" shall appear in superscript behind the trademark. Any KID-FIT™ logo placed on a web site must link to the home page at http://www.kid-fit.com. Profits from marketing and selling items other than classes, directly or indirectly using the KID-FIT™ name, symbol or reference are subject to a 10% commission to be sent directly to the corporate office on a quarterly basis.
- Utilize business materials presented as given, except to customize, so as to promote my KID-FIT™ Business. Any web site template is to be used as is, with no changes in color, font, text or substance except for the pages indicated and in the areas provided for customizing. Redesigning the web template may result in license revocation.
- Be considered solely as an independent party and shall not be considered, under the terms of this agreement, as of employee status or the status of an agent or partner of Aerobic Fitness Consultants. As such, neither party has nor shall have any authority to bind the other party, to assume or create any obligation or responsibility, express or implied, on behalf of the other party or in it's name.
- Include the following statement in any advertising, news stories, or other printed promotional materials mentioning the KID-FIT™ program: "KID-FIT™ is the exclusive property of Aerobic Fitness Consultants, Inc. Arcadia, CA http://www.kid-fit.com.".
- Read group site messages weekly and post an acknowledgement at least once per 6 week session. Failure to do so will result in my name being removed from the licensee group site, mailing list and suspension of license privileges. Reactivation of license will require a $30 fee. Subsequent mailings/privileges will be resumed for the remainder of license term. No credit is issued for missed sessions and back sessions are not available.
- Begin marketing efforts in my area immediately if I have purchased a license with a zone. Purchasing a zone to prevent another from selling in an area is strictly prohibited and will result in revocation of the licensing agreement without reimbursement or refund. All training required must be completed within 3 months of purchase. Failure to do so, without making other mutually agreed upon arrangements, will result in forfeiture of the KID-FIT license and zone without reimbursement/refund.
- That Aerobic Fitness Consultants reserves the right to cancel my license if my conduct does not reflect what is in the best interest for the KID-FIT name and philosophy. Any action that is deemed insubordinate, harmful to the company monetarily, in good will, or in team motivation serves as grounds to have my license revoked with no reimbursement or refund.
- Executive Business Packages are non-transferable. Terminated, lapsed or revoked business licenses prohibit the former owner of entering the same line of work for a period of no less than two years from the termination date.
For Neighborhood Instructors:
This is an individual teaching license only. To own and operate a KID-FIT business, obtain accounts, hire instructors, represent yourself as an authorized business licensee, and secure a zone one of the Executive Business licenses is required.
I agree to:
- Duplicate materials not more than once, for archival purposes only. Sharing any KID-FIT™ materials with those who have not purchased a license through Aerobic Fitness Consultants is prohibited.
- Teach each session in accordance with the lesson plan and visual sample provided. Failure to do so will result in immediate revocation of the KID-FIT™ license.
- Conduct myself in a generally agreed upon professional manner. To abide by standards set by the KID-FIT™ program and live in accordance with healthy lifestyle habits.
- Represent myself, or any other person, as an authorized KID-FIT™ Instructor only with proof of a current KID-FIT™ license from Aerobic Fitness Consultants, Inc. Misrepresentation is a copyright infringement and prosecutable as a federal offense. Only those authorized by Aerobic Fitness Consultants with a valid KID-FIT™ license may represent themselves as KID-FIT™ Instructors and/or teach the KID-FIT™ curriculum.
- Use the KID-FIT™ program only as intended, whether in whole or in part. Doing otherwise is strictly prohibited and punishable in a court of law. All materials are intended for classroom use only and are to be used during the specified calendar dates.
- Take on the number of accounts I am able to provide regular service to by myself, without hiring any added instructors
- Renew my license prior to the expiration date each year in order to continue teaching the program. The KID-FIT™ license expires one year from date of purchase. Any residual commissions will remain in effect as long as my license is current.
- Use the KID-FIT™ trademark only in the forms directed and only for goods and services which meet the standards of quality laid down and approved by Aerobic Fitness Consultants. The symbol "TM" shall appear in superscript behind the trademark. Any KID-FIT™ logo placed on a web site must link to the home page at http://www.kid-fit.com. Profits from marketing and selling items other than classes, directly or indirectly using the KID-FIT™ name, symbol or reference are subject to a 10% commission to be sent directly to the corporate office on a quarterly basis.
- The understanding that classes or accounts acquired while serving as a Neighborhood Instructor are not owned by me and can not be sold for a fee.
- Be considered solely as an independent party and shall not be considered, under the terms of this agreement, as having an employee status or the status of an agent or partner of Aerobic Fitness Consultants. As such, neither party has nor shall have any authority to bind the other party, to assume or create any obligation or responsibility, express or implied, on behalf of the other party or in its name.
- Include the following statement in any advertising, news stories, or other printed promotional materials mentioning the KID-FIT™ program: "KID-FIT™ is the exclusive property of Aerobic Fitness Consultants, Inc. Duarte, CA http://www.kid-fit.com.".
- Allow the closest licensed Business Owner or Neighborhood Instructor to assume classes should I cease teaching. This will be done without any compensation to me for those classes.
- Give the corporate office 30 days notification should I cease teaching classes before one year is up in order to arrange for a Business Licensee or other Neighborhood Instructor to step in.
- Have a Business Licensee, corporate office or another Neighborhood Instructor arrange to take the classes for any nonprofit who receives grant funding should I not want to or be able to teach at their location(s).
- Not approach any officer of a nonprofit organization who has already contacted the KID-FIT corporate office about grant opportunities due to the efforts of the area Business Licensee.
- Arrange details to work along side with the current Business Licensee regarding any nonprofit organization that has not already begun the grant writing process within a Business Licensee’s zone.
- Complete any and all training required within 3 months of purchase. Failure to do so, without making other mutually agreed upon arrangements, will result in forfeiture of the Neighborhood Instructor license without reimbursement or refund.
- Future pay changes if I am operating in an area without a current KID-FIT Business Owner. Any teaching agreements and commissions made in my area without a KID-FIT business owner will remain in effect permanently. Only new income will be adjusted according to teaching rates within a business owner’s area should a business owner enter their area.
- Allow Aerobic Fitness Consultants the right to cancel my license if my conduct does not reflect what is in the best interest for the KID-FIT name and philosophy. Any action that is deemed harmful to the company monetarily, in good will, or in team motivation serves as grounds to have my license revoked with no reimbursement or refund. Neighborhood Instructor Licenses are non-transferable.
Note: Failure to comply with any of the above will result in immediate revocation of license, penalties and/or legal prosecution. The KID-FIT™ program is the exclusive property of Aerobic Fitness Consultants, Inc. Any/all copyright infringement will be prosecuted to the full extent of the law. By using this program you are agreeing you fully understand the above terms and conditions and agree to abide by them
I fully understand the above conditions and terms and agree to abide by them.
