CONTROLOGY PILATES TRAINING CENTER
STUDENT CONTRACT
1. This is a contract between the Student and/or adult parent or legal guardian of minor Student (here in after referred to as "Student") and Solar Pilates LLC. Minor students must be 16 years of age by the first day of all Mat programs and 18 years of age by the first day of all Apparatus programs. Student acknowledges that he/she has read and understood all the requirements and guidelines of the program as set forth in the LLC website.
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2. Student acknowledges that he/she has sufficient mental and physical health to participate in this strenuous program. The student participates in the program at his/her own risk and agrees to release LLC, its officers, employees, subsidiaries, and affiliates, from any and all liability.
3. LLC makes no representation or warranties concerning the user application of the movement lessons and/or procedures taught in this course other than the course accredited by LLC.
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Payment Terms:
Early/late pricing may apply. Standard program costs for US location listed below.
Comprehensive Training Cost: $5290
Payable in full at the time of registration.
Or
Payment Plan:
$250 deposit due at time of registration
Remaining balance due every month from the start of the program to the end.
Not valid with super early and early bird pricing.
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Hands on Cue Workshop: Cost $200
Payable in full at the time of registration
No Payment Plan
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Advanced Mat: Cost $150
Payable in full at the time of registration
No Payment Plan
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Payment can be made by Visa, Mastercard, American Express, or Discover. (3% surcharge will be added if paying via credit card)
Check payable to Solar Pilates LLC.
5. Cancellation by Student. Students who wish to cancel their registration must do so before the first day of class and no later than 5PM Eastern Time of the day preceding the first day of class. A credit will be issued for the amount paid minus a $150.00 cancellation fee. The credit will be valid for one year. No refunds will be issued for any reason. There will be no adjustments after the first day of class.
6. Cancellation or Postponement by LLC reserves the right to cancel or postpone any program or course at any time. All courses are listed with an associated alternate/rain date. The Alternate/Rain date is the date the program will begin in the event of unforeseen circumstances such as war, riots, fire, flood, snowstorm, hurricane, typhoon, earthquake, lightning, explosion, financial limitations, strikes, lockouts, sickness, acts of state or governmental action, market conditions, inclement weather or natural occurrences prohibiting or impeding Solar Pilates LLC. from performing its respective obligations. No refunds will be issued for any reason for registrations after before 1/1/2020. For postponements or cancellation of Comprehensive Training Program, Student may choose to enroll in the alternate date. No refunds will be issued for the comprehensive training program for any reason. For all other programs where registration is made after 1/1/2020, no refunds will be issued for any reason, except in instances where LLC cancels or postpones a courses associated alternate/rain date for which a student was registered, for reasons other than sabotage, riots, terrorism, political unrest, market conditions, inclement weather or natural occurrences. All travel costs incurred by course schedule changes, including but not limited to prepaid transportation, hotel, and/or travel insurance are the sole responsibility of the student. Refunds will not be issued if a student is unable to attend the listed alternate/rain date.
7. Termination of Student and Revoking of Certificate. LLC reserves the right to revoke a training certificate or terminate any student from the program for late payment, misconduct, chronic tardiness and any other unprofessional conduct. The student may also be terminated, at the discretion of the instructor, for poor academic performance. If a Student is terminated from the program, LLC will not refund any tuition paid.
8. Retesting. Student is allowed 2 retests per program. If student does not pass following the second retest he/she will be required to re-enroll and re-attend the program.
9. Retesting Fees- The cost of one (1) retest is included in the program price (excluding Bridge participants). For a second retest, the fee is: $150 per test.
10. Prerequisites. Student agrees and acknowledges completion of all prerequisites before commencement of a program. The list of prerequisites for each program is listed on the LLC website
11. Apprenticeship. If an apprenticeship is required, it is expressly understood that the student shall complete the required 400 hours within: a) nine (9) months for programs conducted by LLC in New Jersey; and; b) twelve (12) months for programs conducted by LLC elsewhere. Time will be computed from the first day of program instruction (the "Program Completion Period"). Should the student exceed the foregoing time periods to complete the apprenticeship hours, the student shall be billed an additional one-hundred-fifty ($150.00) dollars per month for each month beyond the Program Completion Period.
12. Status as LLC Instructor: Once Student completes all courses within the program, and to LLC's sole and exclusive satisfaction, passes all oral, written and practical examinations for each course comprising the LLC Methodology training, then Student shall receive an Assessment Based Certificate evidencing the completion of such program. Upon satisfactory completion and receipt by Student of said certificate, Student shall thereafter be qualified and entitled to teach and train clients in the LLC Methodology as set forth in the LLC Training Manual. Student shall neither be qualified nor authorized to train other students or individuals to become instructors of the LLC Methodology. Should student teach or train other students or individuals to become instructors, student's certificate shall be immediately and unconditionally revoked. Only upon receipt of a certificate from LLC evidencing that Student is a LLC Teacher Trainer can Student teach other students or individuals to become teachers of the Solar Pilates Methodology.
13. LLC Instructor Code of Conduct & Revocation of Certificate. Students teaching using the Solar Pilates method must maintain a professional standard of conduct (1) while teaching in person or online and (2) online for any social media accounts associated with the practice of Solar Pilates. Should student engage in hate speech, bullying or cyberbullying, or other defamatory, offensive or derogatory content (1) while teaching in person or online and (2) online for any social accounts associated with the practice of Solar Pilates, student's certificate shall be immediately and unconditionally revoked. Solar Pilates reserves the sole right to determine what qualifies under as a violation of the Code of Conduct. If Students certificate is revoked, student must immediately remove all references to holding a Solar Pilates certificate from all public platforms.
14. Student understands and agrees that LLC may take photos and video without notice during the program. Such photos and videos are the sole property of LLC and LLC reserves the right to distribute the photos and videos through any of its websites, partner websites, social media, print advertising, and other distribution points without the consent or knowledge of student/teacher. Photography, sound, and video recordings by students is prohibited.
15. Student understands and agrees that Solar Pilates® + Design are trademarks of, and proprietary to, LLC. The student promises not to use the trademarks of LLC for any reason or purpose without the advance written permission and approval of LLC.
16. Student understands that the teaching materials used in LLC's programs have been created by, and are the property of, LLC. The student promises that he or she will use these materials solely in connection with this teacher training program(s) and will not use or copy these materials for any other purpose, commercial or otherwise and shall not copy these materials.
17. The attached "Additional Terms and Conditions" is made a part of this Student Contract and is fully incorporated by reference.
I, the Student, have read the Student Contract and Additional Terms and Conditions and agree to abide by the terms and conditions of both documents. If paying by credit card, I agree to pay according to the card issuer agreement.
ADDITIONAL TERMS AND CONDITIONS
1. Acceptance to Program. LLC shall process all applications by prospective Students and reserves the right, in its sole discretion to accept or deny acceptance of any such individuals into a LLC instructional program. LLC shall have sole discretion to determine if any individual meets the necessary requirements for the level of training sought, and if additional training, class work, workshops, apprentice hours are required in order for the individual to pass an interim exam or final examination to be granted an Assessment Based Certificate under that program. LLC shall have sole discretion to determine if any individual meets the necessary requirements to be granted an Assessment Based Certificate under its various programs. All Students and LLC instructors are expected to exhibit conduct and attitude consistent with the highest professional standards of the exercise industry. Should Student's behavior, attitude or actions are considered by LLC not to comport with such standards, he/she may be required to leave the enrolled training program, or disassociate from being a LLC Instructor. Dismissal from an enrolled training program will result in forfeiture of the program fees and evaluation scores.
2. Ownership of Materials. Student acknowledges that all manuals, documents, and similar materials ("Materials") provided by LLC are confidential, proprietary and owned by LLC and that all right, title and interest in and to such Materials shall at all times continue vested in LLC. Student acknowledges that the Materials, including but not limited to design, content, order of instruction, sequence of exercise, photographs, diagrams, and methodology is all proprietary to LLC and are protected by copyright, trade secret and unfair competition laws. Student further acknowledges that Student has no rights in the Materials. Student shall take all reasonable steps to protect the Materials from any use, copying, reproduction, publication, disclosure or distribution. Student shall not remove, alter, cover or distort any copyright notice, trademark or other proprietary rights notice placed by LLC in or on the Materials. Upon request by LLC, Materials shall be returned to LLC. Failure to return all such Materials shall result in a claim for damages by LLC for their return. As an agreed liquidated damage for the failure of Student to return such Materials, Student agrees to pay LLC at the rate of $50.00 per day commencing with the date LLC demands their return until Student returns all of the Materials. Student recognizes and acknowledges that no rights or licenses are granted by LLC to Student except as expressly stated herein.
3. Fees and Taxes. Student agrees to pay all fees as provided herein. In addition to any fees charged pursuant to this the Student Contract, student shall pay all current and future state and federal taxes imposed upon this Agreement, excluding, however, all taxes on or measured by LLC's income. Student shall be required to promptly pay all fees and taxes billed by LLC pursuant to this Agreement, all invoices being due upon receipt. LLC reserves the right to change its fees at any time by providing thirty (30) days advance notice of any such changes. Any payment required hereunder that is made late (including unpaid portions of incomplete payments) will bear interest, compounded monthly, from the date due until the date paid, at the lesser of eighteen percent (18%) per annum or the highest interest rate permitted to be charged by applicable law. Any payment received more than ten (10) business days after becoming due will be deemed late for purposes of this Agreement. Any interest charged or paid in excess of the maximum rate permitted by applicable law will be deemed the result of a mistake and will be credited or refunded, together with interest as set forth above from the date charged until the date credited or refunded.
4. Training and Testing. The program for which Student has applied is outlined in the materials annexed hereto and in more detail in the LLC Training Manual which will be provided to Student upon acceptance into the program. Throughout the program, Student will be observed and tested on Student's knowledge, proficiency and ability to teach classical Pilates pursuant to the LLC Methodology. Such evaluations will consist of oral, written and practical examinations and observations, and are designed to make assessments of Student's proficiency. At various different times throughout the program, Student will be tested, and if the results of such testing are inadequate for Student to proceed to the next level of instruction, Student shall be accordingly informed, and weaknesses shall be identified. At no time will Student be permitted to go to the next level or course of training without having completely satisfied all requirements and testing of the then current level. Student is required to obtain at least an eighty (80%) percent score or better on all written examinations.
5. Apprenticeship. Student expressly understands and recognizes that as part of certain programs, Student may be required to work, or otherwise apprentice (hereinafter "Apprenticeship") with LLC at a LLC Studio, or a LLC affiliated studio, namely Solar Pilates Affiliate Training Centers and/or Solar Pilates Participating Training Center, all collectively referred to as a "Studio". In connection with such Apprenticeship, Student will come into contact with information that is confidential and or proprietary to the Studio and/or LLC, including but not limited to the names and addresses of clients and customers of a Studio. Given the nature of the relationship of Student and the Studio, Student agrees that for a period of twelve (12) months from the date Student ceases the Apprenticeship, for whatever reason, that Student shall not communicate with, solicit or otherwise attempt to obtain business from any client or customer of a Studio. Student shall be further prohibited from opening up a studio or engaging in any business that involves the Pilates method of exercise within the following Geographic Radius of any Studio where Student conducts an Apprenticeship. The Geographic Radius shall be computed from the Studio as: (i) 1/2 mile in Metropolitan areas; (ii) 5 miles in Suburban areas; or, (iii) 10 miles in Rural areas. Student shall maintain the confidentiality of all information related to clients and customers of a Studio understanding that the Studio is under such strict obligations to maintain the confidentiality of such information. Student further recognizes and acknowledges that by enforcing a remedy for a breach under this provision that Student shall be able to engage in non-competing activities, and acknowledges that LLC's requirements hereunder is necessary to protect the legitimate interests of LLC, the Studios, and the customers and clients of the Studios.
6. Trademarks. Student recognizes and acknowledges that the trademarks, service marks and other marks of LLC, including but not limited to Solar Pilates, and all marks developed, adopted and used by LLC during the term of this Agreement are owned by LLC (the "Trademarks"). Student acknowledges that no license is hereby granted to use and Trademarks of LLC, and that Student shall not use the Trademarks in any manner without specific prior written approval from LLC. No license, under any trademark, patent, copyright, or any other intellectual property right, or personal property right, is either granted or implied by the conveying or use of Materials or confidential information to Student.
7. Confidentiality of Materials. Student acknowledges that the Materials contain trade secrets and information not generally known, which LLC states, and Student acknowledges, have been developed or acquired by LLC through the expenditure of a great deal of time and money. Student agrees to maintain and protect the confidentiality of the Materials agrees not to disclose them or use them for any purpose not contemplated by this Agreement. Student's failure to maintain the confidentiality of the Materials shall be sufficient grounds for termination of this Agreement by LLC. The provisions of this section shall survive termination of this Agreement and shall be binding upon Student from unauthorized and unlawful disclosure of the Licensed Materials for five (5) years from the termination, expiration or cancellation of this Agreement.
8. DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. WAIVER & RELEASE: In consideration of the acceptance of Student's participation in a LLC program (the "Program"), Student hereby waives any liability LLC may have arising out of his/her participation in the Program. Furthermore, Student has been given the rules and regulations of the Program, and Student hereby agrees to hold harmless LLC and all other persons and entities, including but not limited to any facility owner/operator utilized during the Program and all sponsors, Students, third parties, other students, clients, teachers, trainers, LLC instructors, involved in or otherwise connected with the Program for any damages, physical, personal or property-which may arise from student's participation in the Program. Because physical exercise can be strenuous and subject to risk of serious injury, LLC urges Student to obtain a physical examination from a doctor before participating in the Program or participating in any exercise activity. Student agrees that by participating in physical exercise or training activities, he/she does so entirely at his/her own risk. Student agrees that Student is voluntarily participating in the Program and that he/she assumes all risks of injury, illness, or death. LLC is also not responsible for any loss of Student's personal property. Student acknowledges that Student has carefully read this "Waiver and Release" and fully understands that it is a complete release of liability. Student expressly agrees to release and discharge all trainers, instructors, other students, officers, directors, employees, affiliates, clients of LLC from any and all claims or causes of action and Student agrees to voluntarily give up or waive any right that Student may otherwise have to bring a legal action against any of the foregoing for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release also covers and includes negligence and any legal theory based upon negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid and/or unenforceable, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. By signing this Agreement, Student acknowledges that Student understands its content and that this release cannot be modified orally.
10. LIMITATION OF LIABILITY. LLC'S LIABILITY TO STUDENT SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF ANY FEES PAID BY STUDENT TO LLC HEREUNDER. IN NO EVENT WILL LLC BE LIABLE FOR INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, SUFFERED BY STUDENT, EVEN IF LLC HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. INDEMNIFICATION. Student shall hold LLC harmless, from any suit or proceeding brought against Student based on a claim related to this Agreement, or on any tort theory, including negligence.
12. GENERAL PROVISIONS.
a) Amendments in Writing. No modification, or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement.
b) Assignment. This Agreement may not be assigned by Student or by operation of law to any other person, persons, firms, or corporation without the express written approval of LLC. This Agreement shall be binding upon such approved successors, assigns or designees.
c) Attorney Fees. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement or a breach thereof, the prevailing party shall be entitled to recover reasonable attorneys' fees.
d) Enforceability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
e) Entire Agreement. The parties have read the Agreement and these Terms and Conditions and agree to be bound by its terms, and further agree that it constitutes the complete and entire agreement of the parties and supersedes all previous communications, oral or written, and all other communications between them relating to this Agreement and to the subject matter hereof. No representations or statements of any kind made by either party, which are not expressly stated herein, shall be binding on such party.
f) Force Majeure. Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of LLC' to perform, governmental regulations, power failure(s), earthquakes, or other disasters.
g) Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO PRINCIPALS OF CONFLICTS OF LAWS, AND THE PARTIES DO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE IN A COURT OF COMPETENT JURISDICTION WITHIN THE STATE OF NEW JERSEY, COUNTY OF NEW JERSEY.
h) Headings. The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.
i) Injunctive Relief. The parties acknowledge and agree that any breach or threatened breach of this Agreement, may give rise to irreparable injury to the other party. The parties agree, that in addition to all other rights and remedies that they may have, a party may seek injunctive relief.
j) Notices. All notices and demands hereunder shall be in writing and shall be served by personal service, by certified return receipt mail, or internationally recognized express courier service at the address of the receiving party set forth in this Agreement (or at such different address as may be designated by such party by written notice to the other party) and shall be deemed complete upon receipt.
k) Relationship of the Parties. Each party is acting as an independent contractor and not as an agent, partner, or joint venture with the other party for any purpose. Except as provided in this Agreement, neither party shall have any right, power, or authority to act or to create any obligation, express or implied, on behalf of the other.
l) Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
m) Survival. The obligation to pay all accrued Fees and the confidentiality obligations and ownership provisions set forth in this Agreement shall survive the termination of the Agreement by either party for any reason.
n) Travel Expenses. Student shall be responsible for all Travel Expenses in connection with its performance of its obligations contained herein.
o) Waiver. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of LLC, its agents, or employees, but only by an instrument in writing signed by an authorized officer of LLC. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.
Last updated January, 2023