Mat Pilates – New York Pilates University

Terms & Conditions

New York Pilates welcomes you to the best Pilates instructor training program on the planet. We will be sharing secrets, so we ask that you sign the agreement below:

Purpose: Student is participating in the New York Pilates Instructor Training Program, in connection with which NYP has disclosed and/or may further disclose its Confidential Information (as defined below) to the Student. This Agreement is intended to protect NYP’s Confidential Information (including Confidential Information previously disclosed to Student) against unauthorized use or disclosure.

Confidential Information: “Confidential Information” means any information disclosed by NYP to Student, either directly or indirectly in writing, orally or by inspection of tangible or intangible objects, including without limitation documents, business plans, source code, software, documentation, financial analysis, marketing plans, customer names, customer list, customer data, or other proprietary information relating to designs, formulas, developmental or experimental work, know-how, products, processes, computer programs, source codes, databases, designs, schematics, other original works of authorship, or other subject matter related to NYP’s research and development, manufacturing, engineering, purchasing, finance, marketing, promotion, distribution and selling activities, whether now existing, acquired, developed or made available anytime in the future to NYP. Confidential Information may also include information disclosed to a party by third parties at the direction of NYP. Confidential Information shall not, however, include any information which Student can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure; (ii) becomes publicly known and made generally available after disclosure through no action or inaction of Student; or (iii) is in the possession of Student, without confidentiality restrictions, at the time of disclosure by NYP as shown by Student’s files and records immediately prior to the time of disclosure.

Non-Use, Non-Disclosure, Non-Compete, Non-Recruitment: Student agrees not to use any Confidential Information for any purpose except to participate in the New York Pilates Instructor Training Program. Student agrees not to disclose any Confidential Information to third parties. Student shall not reverse engineer, disassemble or decompile any prototypes, software, or other tangible objects which embody any part of NYP’s Confidential Information. Student shall not compete with NYP, directly or indirectly, in any activity utilizing any of the Confidential Information. Student shall not hire any employee or student of NYP or encourage any employee or student to become employed by any company other than NYP.

Maintenance of Confidential Information: The Student agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, Student shall take at least those measures that Student takes to protect its own most highly confidential information. Student shall not make any copies of Confidential Information unless the same are previously approved in writing by NYP. Student shall reproduce NYP’s proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original. Student shall immediately notify NYP in the event of any unauthorized use or disclosure of the Confidential Information.

Assignment of Intellectual Property: In the event Student creates or invents something during the term of this Agreement in connection with their participation in the New York Pilates Instructor Training Program that could be construed as intellectual property, including Pilates programming, manuals, any written educational materials, patents, trademarks, trade secrets, or copyrights, then the ownership of such intellectual property shall become the property of NYP. The Student hereby assigns and agrees to assign all right, title, and interest into such intellectual property to NYP. Although NYP believes its program is the best available Pilates training program in existence, it is also seeking further improvements. Upon adopting suggestions for improvement, NYP has a rewards program to incentivize trainees to further improve it.

No Obligation: This Agreement does not require NYP to provide any information to the Student. Neither NYP nor the Student is under any legal obligation to conduct or continue any discussions or negotiations with respect to, or enter into, any relationship, other agreement or transaction whatsoever.

No Warranty: Neither NYP nor any of its representatives or other agents makes any representation or warranty, express or implied, as to the accuracy or completeness of the Confidential Information nor shall any of them be liable to Student relating to Student’s use of the Confidential Information or any errors therein or omissions therefrom.

Return of Materials: All documents and other tangible objects containing or representing Confidential Information and all copies thereof which are in the possession of the Student shall be and remain the property of NYP and shall be promptly returned to NYP upon NYP’s request.

No Assignment: NYP hereby retains its entire right, title, and interest, including all intellectual property rights, in and to all of the Confidential Information, and nothing herein shall be construed as an assignment or other transfer of any of NYP’s rights in the Confidential Information to any other party.

Term: This Agreement shall survive for a period of 3 years from later of the date of disclosure of the Confidential Information or a written agreement between the Student and NYP .

Remedies: Receiving Party agrees that any violation or threatened violation of this Agreement will cause irreparable injury to NYP, entitling NYP to obtain injunctive relief in addition to all other legal remedies.

Miscellaneous: This Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns. This Agreement shall be governed by the laws of the State of New York, without regard to the conflict of laws provisions of such State. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof. This Agreement may not be amended, nor any obligation waived, except by a writing signed by both parties hereto. Any and all disputes arising under or related to this Agreement shall be adjudicated exclusively in New York, New York.

SECTION III: ENROLLMENT TERMS & CONDITIONS

Contract

This is a contract between the Student (hereinafter “Student”) and New York Pilates (hereinafter “NYP”) for New York Pilates Instructor Training Program (hereinafter “Program”). Student must be 18 years of age on or before the date of the signing of this Enrollment Contract. Student acknowledges that they have read and understood all the requirements and guidelines of the program as set forth within the NYP website.

Financial Terms

The student acknowledges and understands all of the financial terms in this Enrollment Agreement and that apply to the Instructor Training Program at NYP and agrees to abide by all of the financial and other terms.

Cancellation/Refund Policy:

Our Instructor Training Program including payments and deposits is not refundable and is not exchangeable and not refundable. All payments are final.

Cancellation or Postponement by NYP

NYP reserves the right to temporarily cancel or postpone any Program or course at any time by giving you notice in writing (including by e-mail) at any time. Student may choose to enroll in an alternate date course for the same reasons. Refunds will not be issued if a student is unable to attend the listed alternate date. No refunds will be issued for any reason postponement or cancellation of NYP Instructor Training Program.

Termination of Student and Revoking of Certificate

NYP 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. If a Student is terminated from the program, NYP will not refund any tuition paid.

Retesting

Student is allowed a maximum of two (2) re-tests per Program. If Student does not pass following the second re-test he/she/they will be required to re-enroll and re-attend the program.

Re-testing Fees

The cost of re-test is $250.00

Proprietary Information and Confidentiality of Content of NYP Instructor Training

“Proprietary Information”, for the purposes of this Agreement, shall mean certain proprietary or confidential business or technical information including, but not limited to, the New York Pilates method, including its instructor training, technical, financial, commercial, marketing or other business information relating to New York Pilates training, that New York Pilates desires to protect against unrestricted disclosure or competitive use. Information to be subject to this Agreement shall be disclosed in writing and labeled with an appropriate proprietary legend or to be described verbally. Proprietary Information disclosed by New York Pilates includes confidential information provided to Student.

The “Purpose” for which Proprietary Information shall be disclosed is the training of Student in the New York Pilates Method.

For as long as such proprietary information remains a trade secret), the Student shall:
- Protect received Proprietary Information from disclosure to third parties with at least the same degree of care (but no less than a reasonable degree of care) as it uses to protect Student’s own proprietary or confidential information of like kind from unauthorized use or disclosure; and
- Limit the access to and dissemination of received Proprietary Information only to those individuals that have a need for such information to fulfill the Purpose stated herein and have been notified of and agree to the obligations imposed by this Agreement;
- Use received Proprietary Information only in teaching, training and coaching pilates using the New York Pilates Method; and
- Not reproduce received Proprietary Information or incorporate it into derivative works or notes unless specifically authorized by New York Pilates; and
- Not use the Proprietary Information for any other purpose.
Once Student completes all courses within the Program to NYP’s satisfaction and passes all oral, written and practical examinations for each course in the Program with a passing grade of 80%, then Student shall receive a 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 NYP Methodology as set forth in the NYP Instructor Training. Student shall neither be qualified nor authorized to train other students or individuals to become instructors of the NYP Methodology. Should student teach or train other students or individuals to become instructors, student’s certificate shall be immediately and unconditionally revoked. Copying or redistribution of any and all materials distributed to the student by the NYP is prohibited. This includes photocopying, recording, electronic, or mechanical transmissions, or any information storage or retrieval system.

Photo/Video Use

Student understands, agrees and consents to NYP taking photos and videos without notice during the program. Such photos and videos are the sole property of NYP and NYP 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 are prohibited.

Technology Requirements

The Instructor Training Program is facilitated through an online learning system. It is your responsibility to ensure that you have the proper hardware and software requirements, along with access to Wi-Fi, to be able to participate in the course. Technology requirements information will be provided to Student at the time of registration

NYP is not responsible for any errors or failures of your ability to access the Online Course, the Website or any related materials, including where such errors or failures are caused by: (i) a loss of connection on NYP on your end; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with your internet connection, computer or system.

Changes to Terms and Conditions

NYP reserves the right to change any of these terms and conditions at any time to reflect current market and economic conditions.

Acceptance of these terms and conditions

By reading these terms and conditions, verbally agreeing on the telephone or making payment on the website you are accepting all terms and conditions of NYP Instructor Training Program

OWNER:

New York Pilates NYC LLC

Heather Andersen & Brion Isaacs