Please read through and understand our terms before continuing. Thank you.

DISCLAIMER

Consult your physician before beginning this or any other exercise program. The instructions and recommendations offered are in no way intended to be a substitute for medical counseling. Not all exercises are suitable for everyone and this or any other exercise program assumes the risk of injury resulting from performing the exercises shown. The creators, producers, participants and distributors of this program disclaim any liability or loss in connection with the exercises and advice contained herein. 

Before beginning this exercise program, please read and review the safety rules and instructions located in the Drums Alive DRUMTASTIC^® Curriculum (electronic and/or printed), and CD’s. Failure to read and follow the safety instructions in the manual(s) (electronic or printed) and video(s) may result in serious injury or death.

ALL RIGHTS RESERVED

Except for use in a review, the reproduction or utilization of this work in any form or by electronic, mechanical, or other means not known or hereafter invented, including xerography, photocopying, and recording and in any information retrieval system is forbidden without the written permission of the Drums Alive.

Unless otherwise referenced from another source, all information, terms, pictures, and descriptions are strictly proprietary in nature to © 2019 Drums Alive. 

LICENSE AGREEMENT

BACKGROUND

This Agreement defines the terms and conditions of the relationship between Drums Alive and you, the LICENSEE. By electronically agreeing to this Agreement (you must answer “YES, I AGREE” to this lesson’s test, resulting in a passing score), you acknowledge to have read and understood this Agreement, and you agree to all of its terms and conditions. Drums Alive welcomes the opportunity to discuss any questions about this Agreement with you prior to electronically agreeing to and accepting the terms and conditions contained herein (email hello@drums-alive.com).

LICENSEE DUTIES

Prior to teaching the Drums Alive DRUMTASTIC^® Curriculum, LICENSEE affirms

• To have either a nationally recognized certification in health and fitness (such as American Council on Exercise (ACE), Aerobics and Fitness Association of American (AFAA), American College of Sports Medicine (ACSM), CanFitPro, National Academy of Sports Medicine (NASM)), OR a college degree, or equivalent experience and training in physical education, health, fitness, sports, sports medicine, therapy, music, dance, or related fields of study or practice and possesses the demonstrated ability to safely lead a group exercise/movement class;
• Is currently certified in CPR and first aid by a nationally recognized organization such as Canadian Red Cross, American Red Cross, or American Heart Association OR is providing Drums Alive Curriculum in a school or facility with an individual(s) who is certified in CPR and first aid such as a school nurse, nurse aide, etc.;
• All certifications are current and will continue to be maintained and kept up to date.

Please note–possession of the Drums Alive DRUMTASTIC^® curriculum does not permit you to share Drums Alive technology or routines for the purpose of teaching others to become Drums Alive Instructors. Only certified Drums Alive Master Trainers qualified by Drums Alive may teach others to teach their own Drums Alive classes as official Drums Alive Instructors. Simply stated, possession of the Drums Alive DRUMTASTIC^® curriculum does not qualify you to conduct Drums Alive trainings to qualify others to be officially licensed Drums Alive Instructors.

LICENSE RENEWAL AND MAINTENANCE

To maintain your status as an officially licensed Drums Alive DRUMTASTIC LICENSEE, LICENSEE is required to subscribe to the Drums Alive DRUMTASTIC  Curriculum’s Annual Membership on or before the one year anniversary of the original purchase date, and every year thereafter. The DRUMTASTIC Curriculum’s Annual Membership can be purchased at the Drums Alive website. Failure to subscribe to the DRUMTASTIC Curriculum’s Annual Membership means LICENSEE will lose their status as an official Drums Alive DRUMTASTIC LICENSEE and all privileges that are associated with it, including online access to the curriculum materials.

HONOR AND RESPECT DRUMS ALIVE’S INTELLECTUAL PROPERTY

The LICENSEE will not copy, share, lend, or borrow any Drums Alive routines, video media, audio media, and printed materials. Doing so infringes Drums Alive copyrights and Drums Alive has the right to pursue and prosecute to the full extent of the law. Please remember—this is our livelihood—yours and ours.

LOGO USE AND USE OF DRUMS ALIVE’S NAME

As a qualified, officially licensed Drums Alive LICENSEE, you may use the Drums Alive name and logo only in conjunction with name and only in relationship to Drums Alive DRUMTASTIC classes and/or presentations. When teaching Drums Alive DRUMTASTIC classes, call it Drums Alive–do not alter the name.  Please honor our intellectual property by calling and describing Drums Alive classes by its proper name.  The facility(ies) where you teach at is not required to pay Drums Alive any licensing fees.  We only require that you, the LICENSEE, maintain your status as a qualified, officially licensed Drums Alive DRUMTASTIC LICENSEE.

MEDIA RELEASE

LICENSEE consents to Drums Alive and its successor in interest, the use of my images (as the same may appear in any still camera photograph, and/or picture, film, digital media and/or video tape) for print and/or electronic and/or broadcast purposes in connection with Drums Alive and/or promotion for a Drums Alive Master Trainer, Drums Alive Instructor, or Drums Alive LICENSEE. This consent extends for use theatrically, on radio, television, Internet, DVD, tape or videocassette, or any current or future media file in which the same may be used or incorporated, and also in the promotion and/or publicizing of the associated event(s). I acknowledge these images will be used to promote Drums Alive and/or a Drums Alive Master Trainer and/or a Drums Alive Instructor and/or a Drums Alive LICENSEE. By permitting my image(s) to be used as stated above, I grant full rights to Drums Alive on an irrevocable and unlimited basis, without any compensation or payment for any such use and further use thereof.

MEDIA AGREEMENT FOR PROMOTIONAL MATERIALS 

LICENSEE fully understand that the Drums Alive promotional film clips for Drums Alive Power Beats, Drums Alive Basic, Drums Alive Golden Beats, Drums Alive DRUMTASTIC or any other Drums Alive programs will not be released to any public media, communication avenues, or local agencies without the written consent from Carrie Ekins or an authorized Drums Alive agent or representative.

LICENSEES ARE NOT EMPLOYEES OF DRUMS ALIVE

We are proud to have you as a part of our team, but you are not an employee of Drums Alive or Carrie Ekins.

SALES AND DISTRIBUTION OF DRUMS ALIVE LOGO WEAR, EQUIPMENT, MUSIC, VIDEOS, INSTRUCTIONAL MATERIALS, AND PROMOTIONAL MATERIALS

Drums Alive and West Music are the ONLY authorized distributors, sellers, and providers of Drums Alive curriculum, equipment, logo wear, instructional materials, and promotional materials. LICENSEE shall NOT sell Drums Alive products (including but not limited to music, movies, video recordings, logo wear, instructional materials, curriculum materials, promotional materials, and equipment). ONLY ON A PER-EXCEPTION BASIS, WILL PERMISSION BE GRANTED TO LICENSEE TO PRODUCE AND SELL PRODUCTS PRODUCED BY A LICENSEE. Any and all products produced for sale by LICENSEE bearing the Drums Alive logo or used for Drums Alive training, classes, presentations, or workshops will require review and written approval from Drums Alive BEFORE production begins. Please contact us if you are wanting to produce Drums Alive logo wear or materials for your school’s students, or for a fund raiser, or for a special event. We will work with you, and in most situations, we will not expect royalty payments for logo wear or materials produced for such events.  We want to help ensure you use our logo properly and we are happy to help you.

LIABILITY WAIVER 

LICENSEE fully understands that the Drums Alive program requires vigorous physical activity and participation and agrees to release Drums Alive. and all associated organizations and companies, the host facility, and the event leaders, trainers, and LICENSEEs from any and all liability that may arise out of participation in this/these program(s).

TERMINATION

Should LICENSEE fail to satisfy the terms of this Agreement, Drums Alive will serve 30 days’ written notice and work with you to correct the situation. If LICENSEE fails to comply within that time period, Drums Alive reserves the right to terminate the Agreement. In the event that Drums Alive terminates this Agreement due to failure by LICENSEE to satisfy the terms and conditions of this AGREEMENT, LICENSEE agrees that Drums Alive will not be liable for any direct or consequential damages as a result of such termination.

Upon termination LICENSEE shall cease all use of any Drums Alive course materials, curriculum, trademarks, and promotional materials, and LICENSEE shall no longer represent that he or she is a Drums Alive LICENSEE.

Note: A new agreement can be executed between Drums Alive and LICENSEE, provided that the LICENSEE agrees to the terms and conditions of the new Agreement.

NON-COMPETE

LICENSEE shall not compete in any similar form to Drums Alive for a period of 3 (three) years after the termination of the Agreement.

By continuing on to the next lesson, you are agreeing to the terms and conditions as described above.