Yoga Calm® Sample License Agreement
Congratulations! You have become a Yoga Calm Instructor. The following sets forth the terms under which you may use the Yoga Calm service mark as part of our instructor program.
Still Moving Yoga, LLC, is the trademark owner of Yoga Calm. During this agreement, Still Moving Yoga, LLC, grants you a nonexclusive right to identify yourself as a “Licensed Yoga Calm® Instructor” and to use the Yoga Calm trademark and techniques in the promotion of your classes and other sessions. You agree that all use of the Yoga Calm trademark will be in compliance with the Yoga Calm Promotional Guidelines, which applies to all public use of the mark including in catalogs, Internet postings or websites, and other media, as well as domain names and business names. This license is limited to the United States and shall expire upon the expiration or termination of this agreement.
In exchange for the grant of the license, you agree to the following:
- You will sincerely practice the Yoga Calm techniques and act in a manner which does not, in the opinion of Still Moving Yoga, LLC, reflect adversely on the name and reputation of Still Moving Yoga, LLC, or the Yoga Calm service mark.
- In organizing or leading any Yoga Calm classes for children, you agree to follow the Yoga Calm Promotional Guidelines in any promotional materials, including business cards, catalogs, course descriptions, flyers, Internet postings, advertisements and web pages.
- For each event, you agree to follow the Yoga Calm Class Guidelines and use the standard Yoga Calm curriculum as outlined in the book Yoga Calm for Children.
- You agree to teach Yoga Calm techniques to only children and teens ages 3-18 and to not teach or present these techniques in school in-services, seminars or workshops, or to groups of adults without prior written permission from Still Moving Yoga, LLC.
- All Yoga Calm materials are copyrighted. You may use or copy these copyrighted materials for use with your students. Modifications may be made only with specific written permission from Still Moving Yoga, LLC. “Modifications” include translations, editorial revisions, interpretive matter, annotations, elaborations or other adaptations or forms of presentation that are based on the original Yoga Calm work. Any modifications of the Yoga Calm techniques and intellectual property of Still Moving Yoga, LLC, are considered derivative works and are the property of Still Moving Yoga, LLC.
You shall be an independent contractor and not an employee of Still Moving Yoga, LLC. You agree that you will not represent yourself as an employee of Still Moving Yoga, LLC, to third parties. You will be responsible for paying your own federal and state taxes and all costs associated with your business, and you are responsible for its success and decisions totally independent of Still Moving Yoga, LLC. You agree to keep adequate liability insurance for yourself and your business. You will not be covered by Still Moving Yoga’s insurance or benefit programs, such as health and welfare benefit plans, social security, workers’ or unemployment compensation. There is no obligation for the payment of royalties on your income from your children’s classes and individual sessions.
If you have members of your staff who deliver your services to your students without your direct supervision, they must be specifically licensed by us, just as you are, in order to teach your students these techniques. You agree and acknowledge that the Yoga Calm certification you have obtained is applicable to you only. You may not transfer it or give it to anyone else. This agreement does not grant permission to extend to others authority to teach these techniques.
This agreement shall have a term of one year from the date this agreement. It will automatically renew if you have paid the annual renewal fee by January 1 of each year and completed any necessary Continuing Education Requirements. Notwithstanding the foregoing, Still Moving Yoga, LLC, may terminate this agreement with ten days’ prior written notice if you have not complied with this agreement.
If any conflicts arise, we agree to: (1) directly negotiate with each other; (2) choose an independent third party mediator; and (3) if we still cannot reach agreement, to use binding arbitration instead of going to court. If an arbitration hearing is required, you agree that the arbitration shall be in Portland, Oregon. If we were not able to work out our problems in those ways, immediate irreparable injury could be caused for which injunctive relief is an appropriate remedy in addition to others. If you have a dispute with a client or other third party relating to Yoga Calm techniques, notify us so we have an opportunity to participate in a meeting of the parties to assist in resolution.
You understand and agree that this certification does not create a joint venture, partnership, or other business relationship, and neither party can bind each other nor act as each other's agent. Still Moving Yoga, LLC, is not liable for your actions (or omissions), and you are not liable for the actions (or omissions) of Still Moving Yoga, LLC. The terms of this agreement will be enforced under Oregon law and are effective as of the date of mutual signature.
This Agreement constitutes the entire agreement between the parties, it expressly supersedes any prior agreements between the parties with respect to the Yoga Calm program, whether written or oral, and it may be modified only by a written document executed by both of us.
Information flow and staying current are important elements of this agreement. Thank you for agreeing to respond to requests for information within two weeks of that request and keeping accounts paid in full within thirty days of invoice.