This Agreement (“Agreement”) is between Next Generation Yoga (“NGY”) and THE NGY TEACHER. NGY grants THE NGY TEACHER a nonexclusive right to identify him/herself as a “Licensed Next Generation Yoga Teacher” and to use the NGY trademark and techniques in the promotion of his/her group yoga classes, private classes, school-based programs, birthday parties, 1-day workshops and yoga camps. Any other use of NGY, including promotions or products, needs to be discussed with NGY on a case by case basis. The NGY TEACHER agrees that all use of the NGY trademark will be in compliance with the NGY Teacher Handbook provided to THE NGY TEACHER by NGY.
The parties agree to the following:
- LICENSE FEE & TERM – THE NGY TEACHER is required to pay an annual License fee of $95 plus a one-time registration fee of $50 for a total of $145. An option to pay for the License on a monthly basis is permitted, if agreed by NGY, at $40/month for an entire year. For monthly payment plans, credit cards will be run and checks will be cashed on the same date each month which is one month from the 1st installment received. The License fee must be renewed one-year from the original purchase date and will be automatically renewed unless a written cancellation is received. The License fee stays the same each year except if THE NGY TEACHER discontinues the License and then re-joins, in which case the fee will then be the current price and a registration fee will again be due. There is a $35 service fee for any checks or credit cards that are bounced which must be payable within two weeks (14 days) of the date that the funds are declined.
- BENEFITS – The NGY TEACHER will receive a listing on the NGY website as a Licensed NGY Teacher. THE NGY TEACHER will have rights to call him/herself a “NGY Teacher” and use the NGY logo. THE NGY TEACHER will receive a “Start-Up Kit” to assist in the launch of his/her NGY business including but not limited to a NGY class flyer template, registration form with a waiver/release of photographs and liability, copy-written descriptions of NGY classes, photographs of kids/family yoga, template for business cards and suggestions for pricing. THE NGY TEACHER will receive 20% off NGY Boutique items and select NGY courses. THE NGY TEACHER will have access to monthly support calls led by NGY Founder, the private NGY Teacher Community Facebook Group and the opportunity to participate in a buddy-system.
- BRANDING – The NGY TEACHER shall identify and promote him/herself as a “Next Generation Yoga Teacher” or “NGY Teacher.” THE NGY TEACHER shall identify his/her company as “Next Generation Yoga with his/her First and Last Name;” ie. Next Generation Yoga with Jodi Komitor. THE NGY TEACHER shall identify his/her kids yoga classes as “Next Generation Yoga®” classes. THE NGY TEACHER may brand him/herself with the use of the Next Generation Yoga logo and copywritten materials. THE NGY TEACHER agrees to brand him/herself as a “Next Generation Yoga® Teacher” following the NGY Teacher Handbook provided to him/her by NGY.
- AGE GROUPINGS – THE NGY TEACHER shall advertise and teach NGY classes only to children in the age grouping for which he/she has been certified by NGY to teach, unless otherwise granted permission by NGY.
- COPYWRITTEN MATERIALS – All NGY materials are copyrighted. THE NGY TEACHER may use these copyrighted materials for use with his/her NGY classes and programs. Any modifications by THE NGY TEACHER must seek written approval by NGY.
- OWNERSHIP OF INTELLECTUAL PROPERTY CREATED BY NGY – NGY shall retain ownership and possession to any artwork and marketing materials, and all online, recorded materials and any content and branding associated with NGY programs.
- INSURANCE & INDEMNIFICATION – The NGY TEACHER shall at all times maintain a commercial general liability insurance policy with a coverage amount of at least $1,000,000 (one million US dollars), which shall cover the business activities involved in conducting and operating NGY classes. THE NGY TEACHER will also have NGY listed as an additional named insured on the insurance policy. THE NGY TEACHER will provide NGY with a certificate of insurance, produced by the insurance company, as evidence that the policy is in force, on an annual basis, and as NGY may otherwise request from time to time. THE NGY TEACHER will at all times indemnify and hold NGY harmless from and against any and all matters, claims, demands, actions or disputes, including all forms of legal actions or lawsuits, arising out of or connected with your NGY classes. This indemnification shall apply to any and all circumstances regarding the operation of THE NGY TEACHER’S classes, and it shall survive beyond the expiration of this Agreement. It is expressly understood that this indemnification shall also be applicable in situations where the underlying claims may assert negligent acts or omissions by NGY. In all circumstances, THE NGY TEACHER shall remain responsible for all reasonable expenses related to this indemnification, including counsel fees and costs.
- YOGA CLASS COMPENSATION – NGY holds no responsibility in collecting revenue for THE NGY TEACHER’S classes. It is up to THE NGY TEACHER to define the fee structure of all his/her classes and collect all revenue. NGY will provide THE NGY TEACHER with a suggested pay structure that THE NGY TEACHER can reference to set their prices.
- FINANCIAL MATTERS – THE NGY TEACHER agrees to keep accurate books and records of account for all business transactions concerning NGY classes.
- TEACHER TRAINING NON-COMPETE – THE NGY TEACHER shall not hold, participate or assist in the facilitation of a Teacher Training program to teach children’s yoga which in any way utilizes any of the Next Generation Yoga® teachings, unless it is an authorized NGY Teacher Training program for which you have been trained or granted permission by NGY.
- INDEPENDENT CONTRACTOR – This Agreement shall not render THE NGY TEACHER as an employee, partner, or joint venture with NGY for any purpose. THE NGY TEACHER is and will remain a client of NGY. THE NGY TEACHER will be responsible for paying his/her own federal and state taxes and all costs associated with his/her business, and is responsible for its success and decisions totally independent of NGY.
- TERMINATION OF AGREEMENT/REFUND– In all instances where this Agreement terminates, it is expressly understood that the License granted shall also immediately terminate and expire, and all rights granted to THE NGY TEACHER shall fully and immediately revert back to NGY. In such case, THE NGY TEACHER may not continue to teach and offer a NGY program or use any NGY materials. At that point THE NGY TEACHER will also immediately cease and desist from any further use of the NGY name and logo.
- VOLUNTARY EARLY TERMINATION – If a written request is received at least 7 days after joining the NGY Teacher Community, a refund will be issued less the $50 registration fee and a $50 administrative fee. We do not offer postponement or pausing of memberships. Annual Teacher Community memberships automatically renew each year unless the member elects to cancel their membership. Cancellations submitted within 7 days of auto-renewal will incur a $50 administrative fee. No refunds after 7 days past renewal date. All cancellations must be submitted by email to ngy@NextGenerationYoga.com
- SPECIAL TERMINATION RIGHTS – NGY may end this Agreement, effective immediately without prior notice if any of the following conditions occur:
- THE NGY TEACHER fails to conduct NGY programs in accordance with the NGY Teacher Handbook.
- THE NGY TEACHER breaches any confidential information to any party who is not actively involved with the NGY.
- THE NGY TEACHER violates the terms of this Agreement.
- TERM – The NGY TEACHER enters into an agreement with NGY for a 1-year term regardless if paid in full or monthly installments. Should THE NGY TEACHER discontinue active involvement in the NGY Teacher Community prior to its completion at any point, he/she may continue to associate as a NGY Teacher, use copywritten materials, etc. until his/her payment term expires.
By signing this agreement, both NGY and THE NGY TEACHER agree to all terms. If THE NGY TEACHER acts in a manner which in the opinion of NGY, reflect adversely on NGY, then all rights associated with being a Licensee can be revoked without notice or refund.