Instructor Agreement

Instructor Agreement

BACKGROUND
This Agreement defines the terms and conditions of the relationship between Drums Alive, LLC and you, the INSTRUCTOR.By electronically agreeing to this Agreement (you must answer “True” to the Instructor Agreement question on the next slide, 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, LLC 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 or call (808) 271-4110).

INSTRUCTOR DUTIES
Training:

Prior to taking the Drums Alive® Training (the “Training”), INSTRUCTOR 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 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;
  • All certifications are current and will continue to be maintained and kept up to date.

Upon successful completion of the Drums Alive® Training (the “Training”), Drums Alive, LLC will qualify INSTRUCTOR to teach Drums Alive® classes to students will be awarded a Drums Alive® Teacher’s Specialty Certificate. The Drums Alive® Teacher’s Specialty Certificate 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, LLC may teach others to teach their own Drums Alive® classes.

Continuing Education: To maintain status as an officially licensed Drums Alive® Instructor, INSTRUCTOR is required to complete one of the following within one (1) year after successfully completing this home study on-line course:

  • Subscribe to the Drums Alive Basic Membership for official and current licensed Drums Alive instructors;
  • Or subscribe to the Drums Alive DRUMTASTIC® curriculum which can be purchased at the Drums Alive® website;
  • Or attend and successfully complete a live Drums Alive® training;
  • Or complete another Drums Alive® online home study course.

Failure to complete one of the options will result in a loss of status as an officially licensed Drums Alive® Instructor and all privileges that are associated with it.

Honor and respect Drums Alive® intellectual property: The INSTRUCTOR will not copy, share, lend, or borrow any Drums Alive® Routine video media, audio media, and printed materials. Doing so infringes on Drums Alive ® copyrighted material, and Drums Alive, LLC 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 the Drums Alive® name: As a qualified, officially licensed Drums Alive® INSTRUCTOR, you may use the Drums Alive® name and logo and the statement, “Drums Alive® Instructor” only in conjunction with name and only in relationship to Drums Alive® classes and/or presentations. When teaching Drums Alive® classes, call it Drums Alive®–do not alter the name.  Please honor our intellectual property by calling and describing Drums Alive® classes by their proper names.  The facility(ies) where you teach are not required to pay Drums Alive, LLC any licensing fees.  We only require that you, the INSTRUCTOR, maintain your status as a qualified, officially licensed Drums Alive® INSTRUCTOR.

Media Release: I consent to Drums Alive, LLC 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, LLC and/or promotion for a Drums Alive® Trainer or Drums Alive® Instructor. This consent extends for use theatrically, on radio, television, Internet, DVD, tape or videocassette, 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® Trainer and/or a Drums Alive® Instructor. By permitting my image(s) to be used as stated above, I grant full rights to Drums Alive, LLC on an irrevocable and unlimited basis, without any compensation or payment for any such use and further use thereof.

Media Agreement for Promotional Materials: I fully understand that the Drums Alive® promotional film clips for Drums Alive® Kids Beats®, Drums Alive® Golden Beats® , Drums Alive® Academic Beats®, Drums Alive® DRUMTASTIC, Drums Alive® Ability Beats® or any other Drums Alive® programs will not be released to any public media, communication avenues, or local agencies without written consent from Carrie Ekins.

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

Sales of Drums Alive® logo wear, equipment, instructional materials, promotional materials: INSTRUCTOR shall sell only Drums Alive, LLC authorized products (including but not limited to music, movies, video recordings, logo wear, instructional materials, promotional materials, and equipment). ONLY ON A PER-EXCEPTION BASIS, WILL PERMISSION BE GRANTED TO INSTRUCTOR TO PRODUCE OR SELL PRODUCTS PRODUCED BY AN INSTRUCTOR. Any and all products produced by INSTRUCTOR bearing the Drums Alive® logo or used for Drums Alive® trainings, classes, presentations, or workshops will require review and written approval from Drums Alive, LLC before production begins. INSTRUCTOR shall pay Drums Alive, LLC 20% of the retail price.

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

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

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

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

NON-COMPETE: INSTRUCTOR shall not compete in any similar form to 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.