Please read the below POP Pilates® Instructor Agreement carefully as it sets out the rights and obligations of being a POP Pilates® Instructor. You will need to accept this agreement to continue into the POP Pilates® Portal. You are encouraged to save and print a copy of the POP Pilates® Instructor Agreement so you can review at any time.
By clicking, you electronically agree to the following terms with oGorgeous Inc. (“we” or “us”). These terms apply to the exclusion of any other terms which you may seek to introduce.
1) In order to maintain quality, getting certified is a detailed process. To teach a POP Pilates® class, you must be certified and current with POP Pilates® Official Instructor Licensing Fees. We will certify you to teach POP Pilates® if we determine you have completed a workshop either in person or online, passed a video evaluation, and entered the Official POP Pilates® Online Portal.
- Instructors have 60 or 90 days depending on the workshop registration guidelines to teach POP Pilates® classes while preparing for their video evaluation after that date they are no longer permitted to use any materials unless they have written permission from us.
2) Staying Certified: To maintain your certification for POP Pilates®, you will need to subscribe and stay current with monthly or annual subscription fees to the POP Pilates® Official Instructor Portal.
3) We want everyone who participates in POP Pilates® classes around the world to have an incredible, safe, and beneficial class experience, so staying true to the format design is essential. If you are found to be altering the structure of class outside of the guidelines, you may lose your certification to teach POP Pilates®.
4) POP Pilates® Releases provide you with new choreography, music, and technical breakdown videos for your education. You must not sell, copy or share in whole or part the POP Pilates® Quarterly Releases. POP Pilates® releases are for your personal use in learning to teach live POP Pilates® classes.
We also want to ensure that only trained POP Pilates® instructors access this content so classes are safe, fun and effective for participants.You must not sell, copy or share in whole or part the POP Pilates® Quarterly Releases. POP Pilates® releases are for your personal use in learning to teach live POP Pilates® classes.
Releases for Your Personal Use Only: You are only purchasing a license to use the POP Pilates® Quarterly Releases and this license is only for your own personal use to learn and teach POP Pilates® classes as set out in this Agreement. You will not (in whole or in part) sell, copy, share, upload or broadcast:
- a) Any POP Pilates® Release or Materials
- b) Any recording or live stream of you teaching a POP Pilates® class (unless we advise otherwise).
6) Your training and teaching will be physically demanding. Acceptance of Risk / Waiver of Claims: You understand that you must agree to the release of liability and that any health issues or concerns that require physician consent are your responsibility.
7) POP Pilates® Instructors are part of a very special community of “good vibes only”. You represent the POP Pilates® brand and values to the world. Your actions can influence what people think about POP Pilates®, so we expect you to act in a manner that is consistent with the brand and values when presenting yourself as a POP Pilates® instructor either in person or online. You will not do anything that may negatively affect POP Pilates® reputation, business or Intellectual Property. You agree to follow any reasonable requirements we ask you to follow to help protect the quality of our brand and Programs; comply with any law that applies; and notify us if you are aware of any breach of the POP Pilates® Intellectual Property (including at any facility or by another instructor, or online). We expect you to gain written permission and acknowledge the source if granted permissions to use any POP Pilates® signature movements or choreography sequences.
9) Losing your Certification: If you breach this Agreement, we may immediately withdraw your certification by giving you notice. If we withdraw your certification, we may, at our discretion, restore your certification if you agree to meet certain conditions as we may advise from time to time. These conditions may include, re-attending training, and/or compensation for sharing a POP Pilates® Release outside of a live class setting.
10) Ownership of POP Pilates® Intellectual Property: You agree that oGorgeous Inc. owns all rights to the POP Pilates® Intellectual Property. Other than the rights licensed to you under this Agreement, you accept and agree that you do not and will not have any rights to the POP Pilates® Intellectual Property, POP Pilates® Format, POP Pilates® Releases, Materials and any other material relating to the POP Pilates® Format. To further clarify, you may not:
- a) Use any POP Pilates® Intellectual Property in connection with any other product or activity (whether for sale or distributed for free)
- b) Use any of our trademarks in any name including in any business name, domain name, social media user ID or name and blog account user ID or name
- c) Teach others to become an instructor
- d) In whole or in part, sell, copy, share, upload or broadcast any POP Pilates® Release or Materials.
11) Terminating Agreement: We or you may end this Agreement for any reason by giving 30 days’ written notice. We may also immediately end this Agreement by written notice if you breach this Agreement. Once this Agreement has ended, you must:
- a) Stop teaching POP Pilates® classes (in whole or in part)
- b) Stop referring to yourself as a POP Pilates® Instructor
- c) Stop using the POP Pilates® Releases, the POP Pilates® Intellectual Property and any Materials.
- a) Administration: You will follow any reasonable requirements we notify to you in writing in relation to our administration of including use of any systems to assist us in such administration.
- c) Confidentiality: You will keep confidential any information that we have provided you which is confidential in nature. This obligation continues to apply after this Agreement has ended.
- d) Formal Transfer of the Agreement: We may assign or transfer this Agreement. You are not able to assign or transfer this Agreement.
- e) Updating the Agreement: We may amend or update this Agreement by notice to you which may include notifying you when you login to the POP Pilates® Official Instructor Portal (if applicable). Your continued accessing of the POP Pilates® Official Instructor Portal or continuing to act as a POP Pilates® Instructor after such notice is your acceptance of the updated terms.
- f) Nature of Relationship: You agree that our relationship is independent and that you are not acting as our employee, partner or agent.
- g) No Guarantee of Income: You understand that becoming a POP Pilates® Instructor does not guarantee any amount of income and it is your responsibility to develop your own business.
- h) Rights of Third Parties: oGorgeous Inc. will be entitled to enforce the terms of this Agreement. No other person other than you or us may enforce any term under this Agreement.
- i) No Waiver of Our Rights: We do not waive any of our rights. If we choose not to enforce any term at any time, it does not mean we give up our right to enforce it later.
- j) Invalid Terms to be Removed: If any term in this Agreement is found to be unenforceable, that term will be removed from this Agreement and the rest of the Agreement will continue with full effect.
- k) Implied Terms: Any terms that are implied by law (being terms that are not set out in this Agreement) are excluded to the extent legally possible to do so.
- i) Governing Law: This Agreement will be governed by the internal laws of the State of California without regard to principles of conflicts of law. Any disputes will be heard in the state or federal courts in California, and both parties agree and waive any objections to the jurisdiction of such courts. However, actions by oGorgeous Inc. to enforce the intellectual property provisions of this Agreement may be brought in any court or competent jurisdiction where you are located or where the violation is occurring.
13) Definitions. The following definitions apply: POP Pilates® Instructor Training means the in-person training workshop, while POP Pilates Online Workshop refers to the online training workshop. POP Pilates® Instructor means an instructor in a POP Pilates® live class. POP Pilates® Intellectual Property means all intellectual property rights created, developed or used by oGorgeous Inc. in relation to the POP Pilates® Format and POP Pilates® Releases, whether existing at the date of this Agreement or subsequently created, developed, or used and includes:
- a) Any registered or unregistered trademarks, names and/or other symbols used by oGorgeous Inc. to identify and promote itself and/or the POP Pilates® Format.