Radical Fitness – Terms and Conditions of Training & International Teaching Licensing
RADICAL FITNESS is responsible for the creation and perfecting of Fitness workout programs developed for gyms, Physical Education teachers, Personal Trainers and Fitness Instructors, and has the SOLE ownership and title of the products, music, videos, registered trademarks, manuals, copyright and intellectual property rights.
RADICAL FITNESS reserves the right to totally or partially modify its programs and distribution format, prices and method of charging the audiovisual contents, the technical requirements of the devices needed by the Participant to reproduce the audiovisual contents, the conditions under which the distribution systems, series, logos, manuals and brands are used. This agreement cannot be construed as any kind of exclusivity or restriction towards the PARTCIPANT or OFFICIAL TRAINER (OT).
By means of this agreement, RADICAL FITNESS agrees to supply training to the PARTICIPANT, preparing him/her to deliver classes related to the program/s indicated herein, so long as the PARTICIPANT passes the exam and pays the amount indicated as Total Amount of the Certification.
RADICAL FITNESS, its directors, partners, shareholders, managers or employees shall not be held liable for any eventual damages the PARTICIPANT or OFFICIAL TRAINER may sustain before, during or after the event is over and/or while training for the agreed courses, including any and all type of injuries as well as the PARTICIPANT and OFFICIAL TRAINER’s death.
RADICAL FITNESS, its directors, partners, shareholders, managers or employees shall not be held liable for any eventual damages the PARTICIPANT or OFFICIAL TRAINER may sustain before, during or after the event is over and/or as a consequence of delivering a class to third parties and other people, including any and all type of injuries and death.
Having fulfilled all the requirements in this agreement, which are detailed above, the PARTICIPANT who has passed the exam will receive the OFFICIAL TRAINER title(s), credential(s) and degree(s) as indicated in this agreement.
Radical Fitness music and videos are the intellectual property of Radical Fitness and NOT the property of the Instructors, Gyms or Official Trainers. The fact that an OT pays for a Fest and the use of the Radical Fitness Mobile App (quarterly subscription to Radical Fitness Mobile) in order to be part of the system and to have access to the music of Radical Fitness and the fact the he/she is authorized to deliver classes do not make him/her the owner of the music. This means that if the OT is disabled due to lack of subscription payment or otherwise, he/she cannot use the music, either in its digital (App) or physical (CD) format. Radical Fitness, with its Official Trainers system and quarterly updates, authorizes the use of the music, choreographies and videos only to those OTs who abide by the rules established by Radical Fitness to deliver classes.
Infringing intellectual property rights is penalized by section 172 of the Argentine Criminal Code (section 72 bis. – the punishment of imprisonment for a term of a month to six years will be applied).
After the inscription, the PARTICIPANT will have to participate in the Training Process (CERTIFICATION), in which he/she will receive training about the fundamentals and guidelines of the program(s) indicated in the agreement.
The PARTICIPANT will receive the manual(s) of each program indicated in this agreement in digital format and the appropriate Didactic Material (Video and Music) in digital format on the Radical Fitness Mobile App. Their values are included in the Total Amount of the Certification.
All PARTICIPANTS must have 100% attendance record at the time of the certification. In the event this requirement is not met, the PARTICIPANT, without exception, will lose his/her right to take the exam to become an OFFICIAL TRAINER and will have to repay and retake the Certification in its entirety.
All PARTICIPANTS must take the Radical Fitness Kickstart module, which will eventually be offered twice a year on dates to be confirmed by Radical Fitness. Its value will be confirmed yearly by Radical Fitness. (Physical Education Teachers, Medical and Kinesiology doctors are exempted from this requisite by presenting the appropriate diploma and transcript validating the degree, as well as other diplomas that evidence the preparation in Fitness schools or institutes that Radical Fitness considers apt to replace the Kickstart module. Radical Fitness will list those schools or institutes yearly.
All PARTICIPANTS must take future courses, seminars or workshops that Radical Fitness deems necessary to keep the OFFICIAL TRAINER title active and validated by Radical Fitness in order to deliver classes.
Radical Fitness may request a possible evaluation by means of a video at any point during the year in order to authorize or to withdraw authorization to deliver classes by an OFFICIAL TRAINER.
All PARTICIPANTS must present a diploma that evidences the completion of secondary education.
Radical Fitness reserves the right to require a Fitness instructor degree granted by the institution that Radical Fitness approves as referent.
The exams during the certifications are on site, which means that during the Certification days, the Master Trainer examines the PARTICIPANT. Once the Certification is over, the Master Trainer will inform the PARTICIPANT whether he passed or not. If passed, the PARTICIPANT may collect the diploma in Radical Fitness, which will qualify him/her as OFFICIAL TRAINER of the appropriate program in the venue where he/she took the certification. The Official Trainer will also be validated on the website www.radicalfitmess.net. If he/she does NOT pass, the PARTICIPANT will have no more than 60 (sixty) to present 1 (one) video in digital format (YouTube or Dropbox link) with a second examination of the program/s in which he/she participated.
The second exam must contain a complete class of the program/s chosen led individually by the PARTICIPANT with at least 1 (one) person taking the class. This class cannot be promoted within the gym, it should be filmed as a PRIVATE and special event with guests.
The digital video delivered to RADICAL FITNESS will be evaluated by the RADICAL FITNESS evaluating team. 20 (twenty) days following the reception of the video at RADICAL FITNESS’ offices, the PARTICIPANT will get in touch with RADICAL FITNESS in order to find out the result. If passed, he/she will collect in RADICAL FITNESS the diploma that will authorize him to become an OFFICIAL TRAINER of the chosen program in the venue where he/she took the certification. He/she will also be validated on the website www.radicalfitness.net .
The authorizing credential will be seen on the Radical Fitness Mobile app in digital format.
For quality and service control of those gyms belonging to the RADICAL GROUP, all OFFICIAL TRAINERS validated by RADICAL FITNESS will appear along with their personal information (which must be corroborated and updated quarterly by the Official Trainer) on the global webpage of RADICAL FITNESS: www.radicalfitness.net .
FAILING THE EXAM
The PARTICIPANT who does not pass the second exam may, alternatively, during 60 (sixty) days following notification, deliver a third exam: a digital video for a third evaluation, with the same requirements established for the first video. In the event that the PARTICIPANT should fail the third exam, he/she must retake and repay de Certification in order to have the right to present a fourth exam.
The PARTICIPANT, once the exam is passed and after becoming an OFFICIAL TRAINER, may decide to participate in the updates (FEST 1, FEST 2, FEST 3, FEST 4), developed by RADICAL FITNESS every year in order to receive new training criteria and guidelines related to the program(s) he/she represents as OFFICIAL TRAINER. His/Her presence during those Fests will earn him/her a special category and score applied to a benefits system (Radical Elite), which Radical Fitness will inform each year.
The distribution format of Radical Fitness music and videos is by means of the Radical Fitness Mobile App for Smartphones and Tablets (iOS or Android)
IMPORTANT. The instructor must have a last generation Smartphone or Tablet, with modern hardware and updated for the certification with the latest operative system (Android or iOS) installed in order to use Radical Fitness Mobile during the certification. In the future, it should have frequent updates to deliver classes once the Official Trainer exam is passed. Radical Fitness does not use CDs or DVDs to play music or videos since the Radical Fitness Mobile App serves that purpose. Radical Fitness Mobile only works in Smartphone or Tablets with Android or iOS (IPhone, IPod and IPad) operating systems. It does not work with the Windows operating system. The Official Trainer will activate the localization option in the device when using the App in order for Radical Fitness to combat piracy in case an Official Trainer is delivering classes in an establishment that is not part of the Radical Group.
Payment methods to register for a Fest and use of Radical Fitness Mobile
A. Payment method of the QUARTERLY Subscription
In order to use the Radical Fitness Mobile APP, have access to new music, the mixes library and previous videos, every 3 months, to be authorized as Official Trainer to deliver classes, and to register and participate of the classes during all the Fests of the year, the interested party must pay each Fest of the year on a quarterly basis and on the pre-established anticipated dates and informed by Radical Fitness every year. (Payment methods: Cash, credit card, deposit).
Service interruption due to lack of payment: If the payment of the Fest (quarterly subscription) is not made before the established due date, access to mixes on the app will be automatically interrupted and it will not be possible to use it until payment is made. For the same reason, the OT will be out of the system and lose the authorization to deliver Radical Fitness classes. Once the OT cancels the debt, the app will be reactivated within 24 to 72 working hours following payment of the Fest. He/she will be once more authorized as Official Trainer to deliver classes.
B. MONTHLY payment method.
In order to use the Radical Fitness Mobile APP, have access to new music, the mixes library and previous videos, to be authorized as Official Trainer to deliver classes, and to register and participate of the classes during all the Fests of the year, the interested party may choose to pay on a monthly basis. Monthly payment divides payment of the Fest in 3 installments.
The monthly payment (first installment) must be made 3 months before each Fest so that on the date of the Fest, the total amount is already paid. (Payment methods: Direct Debit, Cash, Credit card, deposit).
Service interruption due to lack of payment: If payment for the Radical Fitness Mobile service is not made, it will be cancelled. It will be reactivated when payment is made.
In order to use the Radical Fitness Mobile monthly service without interruptions and to take classes from the Fests, installments 1, 2 and 3 must be already paid.
C. REACTIVATION OF THE AUTHORIZATION AS OFFICIAL TRAINER AND THE RADICAL FITNESS MOBILE APP
Debts of 1 to 4 Fests: If 1, 2, 3, or 4 Fests are owed, in order to reactivate the authorization as Official Trainer and to be able to use Radical Fitness Mobile, payment of the owed Fests must be made for each program. The value of each one will be the cost of the current Fest, plus a 5% REACTIVATION fee.
Debts of 5 Fests or more: In this case, the equivalent of 4 Fest of each owed program must be paid, taking the value of the current fest, plus a 5% REACTIVATION fee. Additionally, it will be compulsory to retake the Certification in the program(s) owed. The reactivation fee paid includes access to the certification. The penalty percentages may be modified by Radical Fitness quarterly.
In the event that the OFFICIAL TRAINER does not comply with the terms of the agreement, and/or does not pay for the Radical Fitness Mobile in the established methods, he/she will be left out of the system and will not be able to use the Radical Fitness Mobile app, he/she will also be removed from the website www.radicalfitness.net, he/she will not be able to be part of the Updates (Fests) and give classes. Additionally, the Official Trainer title will be immediately invalidated.
The costs of the monthly or quarterly subscription and the participation in the Updates (Fests) will be afforded by the OFFICIAL TRAINER. Those Updates will have a value predetermined by RADICAL FITNESS each quarter and may vary according to the inflation indexes.
The OFFICIAL TRAINER may deliver RADICAL FITNESS classes solely of the programs he/she is registered for after passing the exam, pursuant to this agreement, and only at gyms or facilities that are part of the RADICAL GROUP, as long as he/she is up to date as to the Fest attendance and/or the monthly or quarterly payments of the Radical Fitness Mobile subscription. Said facilities are the sole authorized by RADICAL FITNESS to use the brands, programs and OFFICIAL TRAINERS validated by RADICAL FITNESS. In the event that the OFFICIAL TRAINER wants to deliver classes in a gym that does not belong to the RADICAL GROUP, that facility will have to contact RADICAL FITNESS S.A. to discuss the association between both parties.
Moreover, in the event that the OFFICIAL TRAINER wants to deliver classes of other RADICAL FITNESS programs not included in this Agreement and which certification he/she has not taken or passed, he/she must pay and take the certification of the new program and execute a new Agreement with RADICAL FITNESS or update the information in this agreement, including the programs he/she would like to teach. In such case, he/she will have to abide by all the terms in that Agreement and pass the exam with the elements of the new program.
The PARTICIPANT and the OFFICIAL TRAINER must not and should refrain from the following:
Reproduce, fragment, lend for price or free of charge, give, sell or rent the didactic material such as the Video, Music and Manual received from RADICAL FITNESS, in any of their formats (physical: CD and DVD, digital: Links, internet, USB or Radical Fitness Mobile app). Use RADICAL FITNESS music to deliver classes that do not belong to RADICAL FITNESS. Use music from a RADICAL FITNESS program to deliver classes of a different RADICAL FITNESS program. Deliver RADICAL FITNESS classes in Gyms that are not part of the RADICAL GROUP. Deliver classes about RADICAL FITNESS Programs that are not included in this Agreement and of which he/she is not an Official Trainer or has passed the appropriate exams. Use the brand(s) related to the program(s) indicated in this agreement, in all or in part, even figuratively, in any situation different from the one described herein, leading to confusion, without prior authorization by RADICAL FITNESS. Produce or sell sports outfits (clothing) and workout elements (benches, bags, weights, elastic bands, mini trampolines, etc.) using RADICAL FITNESS’ brands. The music downloaded on the Radical Fitness Mobile app cannot be sold or shared with anyone. The music and/or videos cannot be downloaded, either in part or in full, from the devices.
DEREGISTRATION (REMOVAL FROM THE SYSTEM)
If there is total or partial breach of any of the terms in this agreement, the PARTICIPANT or OFFICIAL TRAINER will be deregistered by RADICAL FITNESS immediately, and the title will be invalidated either temporarily or permanently according to the seriousness of the case.
Permanent invalidation implies termination of the agreement due to the PARTICIPANT or OFFICIAL TRAINER’s fault, being liable for the breach and for the corresponding penalties pursuant to this agreement.
Failure to comply any and all terms in this agreement authorizes its immediate termination without prior notice or warning. In this case, the OFFICIAL TRAINER will be automatically banned from delivering classes with RADICAL FITNESS programs, from training updates, purchasing of material, using RADICAL FITNESS music and videos of all the material he/she has acquired in the past, from using the brands and the Radical Fitness Mobile app. The OFFICIAL TRAINER title will be invalidated.
Failure to comply any and all terms in this agreement means adopting the appropriate legal action.
Any of the prohibited actions will lead, notwithstanding the money penalties established, to the adoption of all measures authorized by law (both civil and criminal) as regards the crime of trademark infringement, falsification (copyright infringement), unfair competition, among others.
The fact that the OFFICIAL TRAINER is delivering classes of RADICAL FITNESS Programs for which he/she has no valid Official Certification, or the failure to comply with the terms in this agreement will be deemed a serious breach to the Agreement, which will result in immediate termination by RADICAL FITNESS.
TERM OF THE AGREEMENT
Term: The term of the agreement is 1 (one) year as of the date of certifying as an official trainer
The agreement will be extended automatically for a similar period of time, unless either party gives 1 (one) months’ notice of their intention to the contrary. There is no obligation for the parties to state the grounds for its termination. RADICAL FITNESS is not obliged to pay damages to any OFFICIAL TRAINER.
RADICAL FITNESS may terminate this agreement at any time and without cause, without generating the right to compensate the OFFICIAL TRAINER. To do so, a 5 (five)-day prior and certified notice must be given.
In the event of partial or complete breach of any of the terms of the agreement, RADICAL FITNESS may consider it automatically terminated with the sole condition being to give prior certified notice. If the breach is caused by RADICAL FITNESS, the OFFICIAL TRAINER may require to terminate the agreement by giving a 60 (sixty)-day prior and certified notice. RADICAL FITNESS is not obliged to compensate the OFFICIAL TRAINER. If the agreement is terminated, the OFFICIAL TRAINER will not be able to participate in any future Update or receive or use any material granted by RADICAL FITNESS.
MUSIC AND VIDEOS
All the music, musical mixes and videos (in the Radical Fitness Mobile digital format, cd or DVD) included in the RADICAL FITNESS library created as of the year 2000 is intellectual property and registered trademark of RADICAL FITNESS. The OFFICIAL TRAINER can solely use these contents as long as he/she complies with all the terms in this agreement.
In the event of rescission, the OFFICIAL TRAINER cannot use the music, musical mixes and videos (in digital format, CD or DVD) included in the RADICAL FITNESS library, since it the sole property of RADICAL FITNESS.
RADICAL FITNESS authorizes the use of the music, musical mixes and videos (in the Radical Fitness Mobile digital format, cd or DVD) included in the RADICAL FITNESS library during the term established in the agreement and so long as the OFFICIAL TRAINER complies with its terms.
Any and all notice hereunder will be given by mail with return receipt to the addresses detailed in this agreement.
The PARTICIPANT and OFFICIAL TRAINER agree to keep the electronic mail (e-mail) address, the post mail and the cellular phone indicated in this agreement active, in order to receive notices, news and any other information.
The parties expressly and willingly agree to resort to the jurisdiction of the Lower Court of the City of Buenos Aires as regards any matter arising from this contract, waiving the right to resort to any venue or jurisdiction that may correspond. The addresses where any intimation or notice as a consequence of this agreement will be deemed valid are the ones detailed herein.
Civil and criminal legislation will be applied to any situation not mentioned above, as well as any other pertinent regulation.