1. Program Enrolment
1.1 By signing this Trainee Agreement and paying the Level 1 course fee, You confirm Your enrolment in the Fit Former Method Level 1 program (“the Program”) from the Commencement Date to the End Date (“the Term”). You acknowledge that You have read and understood the terms outlined below and agree to be bound by them, and any Program guidelines published and distributed by Fit Former, for the duration of the Term and beyond, where specified.
2. Intellectual Property
2.1 All content delivered by Fit Former as part of the Program — including but not limited to the Fit Former trade marks identified at Schedule A to this Trainee Agreement, Fit Former Method, Fit Former and/or ‘FF’ -named exercises and combinations, programming frameworks, class format structures, cueing methodologies, training manuals, and any supplementary materials (“FF IP”) — is the intellectual property of Fit Former By Candy Browne Pty Ltd, or its licensors and used under licence by Fit Former By Candy Browne Pty Ltd, as the case may be.
2.2 You acknowledge that FF IP is owned by Fit Former or its licensors as the case may be, and remains Fit Former’s or its licensor’s exclusive property at all times.
2.3 Fit Former grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the FF IP for the duration of the Term, solely for the purpose of Your participation in the Program. You acknowledge and agree that on successful completion of the Program, or on termination of this Trainee Agreement for any reason, this licence will be terminated, and at the request of Fit Former You must either destroy or return to Fit Former any FF IP materials in Your possession.
2.4 If You successfully complete the Program as determined by Fit Former, You will be eligible to apply to Fit Former for an IP Licence. You must not use the FF IP beyond the Term of this Trainee Agreement unless and until You have entered into a written IP Licence agreement with Fit Former. You further acknowledge and agree that:
- all Fit Former exercises must only be used by You post completion of the Program in Fit Former Method sessions, and subject to the terms of the IP Licence;
- You must not add or substitute any Fit Former exercises or modify the Fit Former Method without the express written permission of Fit Former; and
- Fit Former or its licensors owns all the intellectual property in the FF IP and any sessions you may deliver following your completion of the Program.
2.5 You must not use FF IP to recreate, develop, rebrand, or deliver any infringing or competing training program, method, exercise system, or instructor training program.
2.6 You must not claim any Fit Former-named exercises, combinations, or programming methods as Your own creation.
3. Confidentiality
3.1 You agree to keep all Program details, FF IP, Fit Former business information and Program materials confidential (this includes the training manual, and any other content provided to You during the Program and marked as confidential) (“Confidential Information”). If You are in doubt as to whether any information is Confidential Information, You must treat it as confidential.
3.2 You must not copy, reproduce, photograph, screenshot, record, or distribute any Confidential Information, Program materials or FF IP in any form without the prior written consent of Fit Former.
3.3 You must not share the Confidential Information, or the FF IP with any person who is not an enrolled participant in the Program.
3.4 Your obligation of confidentiality survives the completion, withdrawal from, or termination of Your participation in the Program and this Trainee Agreement.
4. Use of Fit Former Name and Marks
4.1 Upon successful completion of the Program and once you have entered a separate written IP Licence agreement with Fit Former, You may describe Yourself as a “Fit Former Method Level 1 Instructor” for the purpose of marketing Your classes, however You may not commence classes, or use the FF IP or commence marketing Your classes until You have entered a written IP Licence agreement with Fit Former.
4.2 You may not use the Fit Former name, trade marks, logo, or branding in any way that implies ownership, partnership, franchise, or endorsement beyond Your completion of the Program, without prior written approval.
5. Scope of Level 1
5.1 Completion of Fit Former Method Level 1 will qualify You to teach FF Method Workout of the Week (“WOTW”), Beginner and Intermediate classes only.
5.2 You are not qualified to teach, and must not teach, Burn, Flow, Mobility, or BOSU classes unless and until You complete Level 2.
6. WOTW Program Licensing (Optional)
6.1 You must not use Fit Former’s pre-built WOTW programs at Your own studio.
6.2 If You wish to use Fit Former’s pre-built WOTW programs at Your own studio, a separate program licensing arrangement may be available under a separate licence agreement and fee structure by application to Fit Former.
7. Program Assessment and Completion
7.1 To successfully complete the Program, You must complete all Program requirements as prescribed by Fit Former on the Fit Former website or app, or as notified to You by Fit Former in writing from time to time.
7.2 Assessment is on a Pass / Not Yet basis. You may resubmit any aspect of the required assessment work once if required. Any resubmission beyond the second submission may only be made following prior written permission of Fit Former, and will require You to pay a supplementary course assessment fee.
7.3 Fit Former reserves the right to refuse or revoke certificate of completion if, in its reasonable opinion, a trainee does not meet the required standard or has breached any term of this Trainee Agreement.
8. Termination or Revocation of Certificate of Completion
8.1 Fit Former may terminate this Trainee Agreement and/or revoke Your certificate of completion at any time if You:
- Fail to pay Fit Former the Program enrollment fee, or any required supplementary course assessment fee by the due date as determined by Fit Former;
- Breach any term of this Trainee Agreement;
- Bring the Fit Former name or method into disrepute;
- Teach outside the scope of Your completed level;
- Share, distribute, or misuse FF IP other than as permitted under this Trainee Agreement; or
- Fail to maintain professional standards consistent with the FF Instructor Standard.
8.2 Upon termination or revocation of Your certificate of completion, You must immediately cease describing Yourself as a Fit Former Method Level 1 Instructor and cease teaching the FF Method, and deliver up to Fit Former all FF IP, Confidential Information and Program materials.
9. Liability and Indemnity
9.1 You acknowledge that You participate in the Program and may later teach the Fit Former Method under an IP Licence at Your own risk and are responsible for maintaining Your own professional indemnity and public liability insurance at all times. You agree to provide Fit Former with a copy of Your valid professional indemnity and public liability insurance on request.
9.2 You agree to indemnify and hold harmless Fit Former By Candy Browne Pty Ltd, its directors, employees, contractors, agents, related entities and licensors including Fit Former Method Pty Ltd, from any claims, damages, losses, or expenses arising from Your participation in the Program and Your teaching of the Fit Former Method or any classes You teach.
9.3 Fit Former and its licensors does not accept liability for any injury, loss, or damage arising from Your participation in the Program or delivery of Fit Former Method classes.
10. Health and Fitness Acknowledgment
10.1 You acknowledge and agree that You are physically fit and capable of participating in the Program.
10.2 You acknowledge that the Program involves physical activity and You participate at Your own risk.
10.3 You must advise Fit Former of any medical conditions, injuries, or limitations that may affect Your participation.
11. Privacy
11.1 You agree and consent to providing Your personal information to Fit Former for the purpose of administering the Program and any subsequent communications with You relevant to or reasonably associated with the Program.
11.2 Fit Former will collect and store Your personal information for the purposes of administering the Program, maintaining completion records, and communicating with You about Fit Former-related matters.
11.3 Your personal information will be handled in accordance with the Fit Former Privacy Policy, available here.
12. Dispute Resolution and Governing Law
12.1 In the event of any dispute, controversy or claim arising out of or relating to this Trainee Agreement, or the breach, termination or validity thereof, the Parties shall meet and exert their best effort to resolve the dispute.
12.2 Failing such agreement within fourteen (14) days after the first meeting called for such purposes, the dispute will be submitted to mediation in accordance with, and subject to, Resolution Institute Mediation Rules. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within seven days of receiving any party’s notice of dispute, by a person appointed by the Chair of Resolution Institute, or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.
12.3 This Trainee Agreement is governed by the laws of Queensland, Australia. The parties agree any action or proceeding must be instituted, heard and determined in a court of competent jurisdiction in Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of such a court for the purpose of any such action, suit or proceeding.
13. Entire Agreement
13.1 This Trainee Agreement constitutes the entire agreement between the parties regarding the Program and supersedes any prior discussions, representations, or agreements.
13.2 Any variation to this Trainee Agreement must be in writing and signed by both parties.
14. Survival
14.1 Clauses 2, 3, 4, 5, 8, 9 and 12 survive the termination of this Trainee Agreement.
Schedule A — Fit Former Trade Marks
| Trade Mark Registration No. | Trade Mark | Class and Service Specifications authorised for limited use under this Trainee Agreement |
|---|
| Registration no. 2290028 | | Class 41: Conducting fitness classes; Conducting fitness classes (aerobics); Boot camp services (fitness training) |
| Registration no. 2290030 | Fit Former | Class 41: Boot camp services (fitness training); Conducting fitness classes; Conducting fitness classes (aerobics) |
| Pending application 2658429 | FIT FORMER METHOD | Class 41: arranging and conducting of fitness classes; boot camp services [fitness training]; sports and fitness services; health and fitness training; Pilates instruction; arranging and conducting reformer Pilates classes; providing fitness training services in the field of Pilates |