WATERINMOTION® INSTRUCTOR AGREEMENT
The instructor commits to only instruct WATERINMOTION® in licensed WATERINMOTION® facilities upon successful completion of WATERinMOTION® Instructor Certification. The instructor further commits to only use the WATERINMOTION® choreography, music, or marketing in conjunction with the WATERINMOTION® program and with no other program. Failure to meet the obligations of this agreement on the part of the instructor will result in the removal of the instructor from WATERINMOTION® instructor lists, and the surrender of the instructor’s ability to receive future WATERINMOTION® releases. Further, the instructor violating these terms shall be liable for damages.
The Instructor Certification process includes the completion of an online certification course. The online certification can be finished in 2-3 hours and must be completed by every instructor. This course includes videos to watch, a manual to read and an online examination. Included in the online course is a complimentary release kit which includes a choreography video, music, and choreography notes. When you become certified in WATERINMOTION® you are automatically certified in all of our WATERINMOTION® programs.
The online certification can be completed entirely on its own. Should an instructor opt to take a live one-day certification or livestream one-day certification, the instructor is required to complete the online course prior to attending the live or livestream option. Once the online certification is completed and the instructor passes the certification exam, the student will receive their automated, downloadable certificate of completion. After an instructor passes the online certification, the instructor may take a live or livestream course FREE of charge. Also, at that time, the instructor may choose to take an optional video assessment.
The video assessment is completely optional but may be required by the instructor’s club. The video assessment includes the instructor video recording 1, 2, 3, or all tracks of choreography and submitting them for review. The video assessment may be submitted without charge at any time within the first year of certification. https://WATERINMOTION.com/assessment/
There is no certification renewal requirement for the WATERINMOTION® program. Once an instructor takes and passes the certification course, they must remain on Wautoship to maintain their certified status. If an instructor stops Wautoship, their certification status also stops. To re-certify, the instructor must return to Wautoship.
Only WATERINMOTION® certified instructors who teach at licensed WATERINMOTION® clubs and facilities may purchase WATERINMOTION® kits. Each and every individual must sign up for Wautoship at the WATERINMOTION® certification. Once enrolled, the instructor will automatically receive the latest WATERINMOTION® kit each quarter (every 12 weeks).
COMMITMENTS AND OBLIGATIONS FOR WATERINMOTION®
- SCW Fitness Education holds exclusive rights to distribution and licensing of WATERINMOTION® as the owners of any and all associated intellectual property.
• SCW Fitness Education exclusively licenses facilities to carry out WATERINMOTION® classes.
• A primary Aquatic Certification (from SCW Fitness Education, AEA, or the YMCA) is encouraged, though not required, to teach WATERINMOTION®. https://scwfit.com/store/product/aqua-ex-certification/
• Instructor agrees to complete the entire certification and teach WATERINMOTION® only in facilities licensed to offer WATERINMOTION®.
• Instructor agrees to purchase the latest WATERINMOTION® release each quarter to maintain their status as a certified WATERINMOTION® instructor.
• Only after completion of this agreement, including certification and optional video assessment, can an instructor be considered a certified WATERINMOTION® instructor
- CERTIFICATION: When SCW Fitness Education deems that the instructor has satisfied all certification guidelines, the instructor will be certified to instruct WATERINMOTION®.
- CLASSES: Instructor may only conduct WATERINMOTION ® classes: a. In accordance with the terms listed herein, and at a licensed WATERINMOTION® facility
- CERTIFICATION TRAININGS: Instructor must attend and complete all components of the Certification Training as required by SCW Fitness Education and WATERINMOTION® trainers, assessors, and staff.
- INSTRUCTOR OBLIGATIONS: Instructor guarantees: a. Instruction techniques meet the high standards outlined in WATERINMOTION® training b. Method of instruction is not likely to damage the presentation or reputation of WATERINMOTION® or SCW Fitness Education.
- SCW FITNESS EDUCATION | WATERINMOTION® OBLIGATIONS:
a. SCW Fitness Education will maintain your certification as stated above.
b. SCW Fitness Education & WATERINMOTION® will guarantee your training is executed in accordance with SCW Fitness Education’s high standards of professionalism.
c. SCW Fitness Education will communicate with Instructors on a regular basis with information pertinent to WATERINMOTION®
- PURCHASE OF INSTRUCTIONAL MATERIALS & USAGE: a. In order for an instructor to maintain status as a current certified instructor, the instructor must purchase the most current release of the WATERINMOTION® music kit, or release. Alternatively, a licensed facility may purchase the materials on your behalf, provided that the licensed facility’s purchase must be for an instructor’s individual use only, and not for the use of any other instructor. b. No materials within the music kit may be used for any other purpose other than conducting WATERINMOTION®. Instructors are prohibited from selling, distributing, copying, altering, or otherwise reproducing any of the recordings, literature, or material supplied by WATERINMOTION® or SCW Fitness Education. The instructor must only use the WATERINMOTION® choreography, music, and marketing to teach and promote the WATERINMOTION® program held at the licensed facility.
- ACKNOWLEDGEMENT: Instructor understands and agrees: a. SCW Fitness Education owns the rights and maintains the terms governing the use of WATERINMOTION® and related intellectual property, the music kits and all other material related to WATERINMOTION®.
- DISENTITLEMENT and DAMAGES: SCW Fitness Education reserves the right to immediately withdraw your certification without notice, or refuse to certify an instructor if: a. The instructor fails to attend any portion of a WATERINMOTION® Certification Training, b. The instructor fails to uphold the standards outlined within the educational material, c. The instructor otherwise breaches any part of this agreement. The instructor violating these terms shall be liable for damages.
- TERMINATION: This agreement may be terminated with or without cause at either party’s sole discretion. A minimum of 30 days’ notice of termination is required from either party. Should an instructor choose to withdraw their certification under this agreement, this agreement will be terminated immediately. a. Upon termination, instructor agrees to immediately cease performing WATERINMOTION® classes, ceasing to use the music choreography, moves, educational material, and any and all recordings, literature, marketing or other materials provided by WATERINMOTION® that remain in the instructor’s possession or control.
- SPECIFIC PERFORMANCE & BREACH OF AGREEMENT: Instructor agrees that specific performance, injunctive relief, and damages are likely to be the only satisfactory remedy to a breach of this agreement and may be sought by SCW Fitness Education.
- INDEPENDENT CONTRACTOR: Instructor is acting as an independent contractor, and not as an employee, partner, or agent of SCW Fitness Education and/or WATERINMOTION®.
- ISSUANCE OF AGREEMENT & AMENDMENTS: SCW Fitness Education is the only party that may assign this agreement, which is binding for any successors and assigns. No amendment of this agreement will be effective unless it is in writing and signed by both parties: SCW Fitness Education and the instructor.
- FORCE MAJEURE & GOVERNING LAW: Neither party is liable for a failure or delay in performing their obligations in this agreement if the cause of the delay is reasonably beyond control, and the best efforts of both parties are employed. The agreement is governed by the law of the State of Illinois, without regard to conflicts of laws or principles, and the parties submit to the jurisdiction of the courts in the State of Illinois.
- EXECUTION & COUNTERPARTS: Once the instructor takes the certification, this agreement is in full effect.
- DEFINITIONS: The following definitions shall apply is this agreement: a. Agreement means this agreement; certified instructor means a certified WATERINMOTION® instructor; music kit includes all materials provided by WATERINMOTION®, including music, audiovisual footage, choreography, education notes, instructor manuals, marketing materials; intellectual property refers to the rights and interests, including common law rights and interests, created, developed, or used by SCW Fitness Education in relation to WATERINMOTION®, whether existing at the date of this agreement or subsequently created, developed or used by SCW Fitness Education.