Drums Alive, Inc. 2495 Oak Haven Drive, Spanish Fork, Utah 84660
Phone: (808) 271-4110 email: info@drums-alive.com Web: www.drums-alive.
BACKGROUND
This Agreement defines the terms and conditions of the relationship between Drums Alive, Inc. and you, the INSTRUCTOR. By signing this Agreement, you acknowledge to have read and understood this Agreement, and you agree to all of its terms and conditions. Drums Alive, Inc. welcomes the opportunity to discuss any questions about this Agreement with you prior to signing (email: info@drums-alive.com).
INSTRUCTOR DUTIES
Training: Upon successful completion of the Drums Alive® Training (the “Training”) conducted by a qualified Drums Alive Master Trainer, Drums Alive, Inc. will qualify INSTRUCTOR to teach Drums Alive® classes to students and will be awarded a Drums Alive Teacher’s Specialty Certificate and earn the status of an official Certified Drums Alive® Instructor. Your status as a Certified Drums Alive® Instructor does not permit you to share Drums Alive technology or routines for the purpose of teaching others to teach Drums Alive® programs. Only certified Drums Alive Master Trainers qualified by Drums Alive, Inc. may teach others to teach Drums Alive programs.
Continuing Education: To maintain your status as a Certified Drums Alive ® Instructor, INSTRUCTOR must either complete another Training within one (1) year from the date of your most current Training. Alternatively, INSTRUCTOR can subscribe to the Drums Alive Instructor Series, which can be purchased at www.drums-alive.com., within one year from the date of your most current training. Drums Alive will inform INSTRUCTOR of future alternative options to maintaining your certification as they become available (e.g. monthly memberships, home study courses, etc.).
Honor and respect the Drums Alive ® intellectual property: Do not to copy, share, lend, or borrow any Drums Alive® video media, audio media, and printed materials. Doing so infringes Drums Alive® copyright and Drums Alive, Inc. 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 Certified 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 presenting any work based on principles, concepts, and teachings obtained through the Drums Alive® Specialty Certificate Training or any other Drums Alive® technology or materials, the statement, “based on the work of Carrie Ekins,” must be included in all printed and publicized materials, even if the work is not presented as Drums Alive®.
Media Release. I consent to Drums Alive, Inc. 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, Inc. and/or promotion for a Drums Alive Master 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 you 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®, 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 agent of Drums Alive, Inc.
INSTRUCTORS are not employees of Drums Alive, Inc.. We are proud to have you as a part of our team of INSTRUCTORS, but you are not an employee of Drums Alive, Inc. or Carrie Ekins.
Sales of Drums Alive logo wear and equipment: Instructor shall sell only Drums Alive, Inc. authorized products (including but not limited to music, movies, video recordings, logo wear and equipment). ONLY ON AN EXCEPTION BASIS, WILL PERMISSION BE GRANTED TO INSTRUCTOR TO PRODUCE AND SELL PRODUCTS PRODUCED BY AN INSTRUCTOR. Any and all products produced for sale 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, Inc. before production begins. INSTRUCTOR shall pay Drums Alive, Inc. 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®, Drums Alive, Inc. and all associated organizations and companies, the host facility, and the event leaders 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, Inc. 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, Inc. reserves the right to terminate the Agreement. In the event that Drums Alive, Inc. terminates this Agreement due to failure by INSTRUCTOR to satisfy the terms and conditions of this AGREEMENT, INSTRUCTOR agrees that Drums Alive, Inc. will not be liable for any direct or consequential damages as a result of such termination.
Note: a new agreement can be executed between Drums Alive, Inc. and the 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.