Instructor License Agreement
This SHiNE Dance Fitness™ Instructor License Agreement (“License Agreement”) is entered between SHiNE Dance Fitness, LLC (“SHiNE Dance Fitness”) and the undersigned (“Instructor”), effective as of (“Effective Date”). SHiNE Dance Fitness offers individuals the opportunity to become a certified instructor for SHiNE Dance Fitness, use its proprietary materials, and to instruct dance fitness classes pursuant to the terms set forth in this License Agreement by providing a limited license to Instructor.
1. Program Materials. Instructor agrees to be bound by the terms as set forth herein before instructing others on, sharing, disseminating, or otherwise using any information or program materials associated with the SHiNE Dance Fitness program. These materials include but are not limited to DVDs and their entrapment, choreography of routines, workbooks, internet content, methodologies, techniques, images, logos, graphics, and any other content or material ancillary to the SHiNE Dance Fitness program regardless of the date upon which it was produced (“Program Materials”). Instructor shall make no warranties or representations relative to the Program Materials, including warranties as to their performance or suitability for dance fitness, unless authorized in writing to do so by SHiNE Dance Fitness.
1.1 Instructor agrees that all Program Materials, including but not limited to choreography of routines to be used by Instructor, are represented as SHiNE Dance Fitness materials only.
1.2 An Instructor may incorporate up to two (2) original non-SHiNE routines, in a given SHiNE Dance Fitness class, so long as these routines adhere to the principles taught in the Instructor Training program and are not represented as SHiNE Program Materials. These routines cannot be for songs which have SHiNE choreography or from another fitness format.
1.3 Instructor agrees that any and all changes one may make in the choreography of official SHiNE routines must be approved by SHiNE Dance Fitness and agrees not to use such revised choreography of routines unless and until approved by SHiNE Dance Fitness. Modifications can be demonstrated and encouraged to accommodate different student ability levels.
1.4 In the event Instructor creates new choreography for which SHiNE Dance Fitness has approved, and subsequently incorporates such routine as part of the Program Materials, Instructor waives all compensation and rights for such choreography of said routine.
2. Capacity to Contract. As an independent contractor of SHiNE Dance Fitness, Instructor agrees to being and representing oneself as eighteen years of age or older, and is otherwise legally competent to enter and be bound by the License Agreement.
3. Relationship of Parties. The legal relationship between SHiNE Dance Fitness and Instructor shall be that of licensor and licensee. Nothing in this License Agreement shall be construed as creating any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties, nor shall SHiNE Dance Fitness be deemed to be acting in a fiduciary capacity with respect to Instructor. Instructor shall have no authority to make or accept any offers or representations on behalf of SHiNE Dance Fitness or to otherwise bind SHiNE Dance Fitness in any manner. Instructor shall not make any statements or take any actions in any media whatsoever, including, without limitation, electronic media, print media, wireless media or the worldwide web, that reasonably may contradict the relationship set forth herein, that reasonably may confuse or mislead any person regarding the nature of the relationship between SHiNE Dance Fitness and Instructor.
4. Training. SHiNE Dance Fitness shall train the Instructor according to the training program it develops. During or in furtherance of the training process, SHiNE Dance Fitness may provide Instructor with written, audio/visual, graphical, or other training materials (“Instructor Training Materials”). Instructor may retain any Instructor Training Materials until this License Agreement terminates.
5. Proprietary Material. Instructor agrees and acknowledges that the Program Materials and the Instructor Training Materials and all their contents, regardless of form, are the confidential trade secrets and exclusive property of SHiNE Dance Fitness, and Instructor shall maintain the confidentiality thereof as may be required by SHiNE Dance Fitness in its sole discretion. SHiNE Dance Fitness further retains all trademark, trade dress, copyright, trade secret, patent, and other intellectual property rights applicable to the Course Material and Instructor Training Materials subject only to the limited license granted to Instructor pursuant to the terms of this License Agreement. Instructor shall be liable for all damages arising from any unauthorized reproduction, dissemination, or use of the Program Materials or Instructor Training Materials and shall also indemnify, defend and hold SHiNE Dance Fitness harmless from and against any liability to which it is exposed as a result of Instructor’s conduct in breach hereof.
5.1 Instructor, with this License Agreement, is authorized to use the SHiNE Dance Fitness namesake, logos, and trade dress in promotion of Instructor’s dance fitness programs, but may not represent itself as an agent of SHiNE Dance Fitness (“Marks”).
5.2 SHiNE Dance Fitness may make changes at any time to the SHiNE Dance Fitness namesake, logos, and trade dress without consultation of Instructor and is not responsible for any costs incurred by Instructor as a result of these changes.
6. Third-Party Licensing. This agreement conveys no third-party licensing or rights from SHiNE Dance Fitness to Instructor. Nothing in this agreement shall be construed as permission or a grant by SHiNE Dance Fitness for use of any musical artist’s track or album and Instructor agrees that any such use shall be solely the Instructor’s responsibility.
7. Certification. Instructor may not instruct others on, share, disseminate, or otherwise use any Program Materials outside of the training program until SHiNE Dance Fitness has certified the Instructor to do so. SHiNE Dance Fitness shall certify Instructors according to a program and/ or testing procedure it develops in its sole and exclusive discretion. Only upon certification, and in conjunction with an active SHiNE Instructor Membership, does Instructor maintain a limited license to instruct others on, share, disseminate, or otherwise use the Program Materials in accordance with the terms of this License Agreement. Instructors will contract with and make monthly, or annual, payments to SHiNE Dance Fitness, LLC for the SHiNE Instructor Membership and Instructor Training program.
7.1 Instructor agrees there will be no refund of any amount processed and received by SHiNE Dance Fitness, LLC for fees associated with certification or membership payments.
7.2 Instructor agrees that SHiNE Dance Fitness reserves the right to not award Certification if, based on the judgement of SHiNE Dance Fitness, the requirements for Certification were not met.
7.3 Instructor further understands and agrees that cancellation can occur at any time, by giving an advance thirty (30) day notice.
SHiNE Dance Fitness may require Instructor to undergo additional training or examination to renew his/her certification on an annual basis. SHiNE Dance Fitness reserves exclusive discretion to revoke Instructor’s certification status for any breach of this License Agreement or lapse in an active SHiNE Instructor Membership and require recertification. Any limited license to instruct others on, share, disseminate, or otherwise use the Program Materials terminates automatically for an Instructor who is not certified, or terminates their SHiNE Instructor Membership, and resumes only when SHiNE Dance Fitness has certified the Instructor again and Instructor is actively paying Instructor Membership fees.
8. Selection of Instructors. SHiNE Dance Fitness will approve and designate all individuals who receive Instructor training using the Instructor Training Materials or are otherwise permitted to review or possess the Instructor Training Materials. Instructor may not instruct others on, share, disseminate, or otherwise use the Program Materials with anyone without first obtaining express approval from SHiNE Dance Fitness. SHiNE Dance Fitness retains the exclusive authority to direct the location and manner of Instructor’s work with regard to the Program Materials.
9. Ownership of Marks. Instructor acknowledges that SHiNE Dance Fitness owns the SHiNE Dance Fitness Marks and Instructor agrees to take no action inconsistent with such ownership and that all use of the Marks by Instructor shall be to the benefit of and be on behalf of SHiNE Dance Fitness. Instructor agrees that nothing in this License Agreement shall give Instructor any right, title or interest in the Marks other than the right to use the Marks in accordance with the License Agreement and Instructor agrees that Instructor shall not attack SHiNE Dance Fitness’s title to the Marks or attack the validity of this License Agreement.
10. Quality Standards. Instructor agrees that the nature and quality of all Services rendered by Instructor under the Marks shall conform to the standards set by SHiNE Dance Fitness as explained in the official SHiNE Dance Fitness Instructor Trainings, as set forth in the SHiNE Dance Fitness Instructor Training Manual, and as otherwise dictated by SHiNE Dance Fitness.
11. Quality Maintenance. Instructor agrees to cooperate with SHiNE Dance Fitness in facilitating SHiNE Dance Fitness’s control over the nature and quality of the Services offered by Instructor under the Marks, to permit observation of Instructor’s classes, and to supply SHiNE Dance Fitness with evidence confirming compliance with this Agreement upon request. Instructor shall comply with all applicable laws and regulations and obtain all appropriate government approvals pertaining to the provision of the Services and the advertising therefore.
12. Permitted Use of Marks. Instructor agrees to use the Marks for which they have a license only in the form and manner as set forth in this License Agreement, and as otherwise prescribed by SHiNE Dance Fitness:
12.1 Printed Materials and E-Mail.
12.1.1 Promotional Materials. Instructor may use the Marks on flyers, posters, electronic mail and printed promotional materials whose purpose is to promote Instructor’s SHiNE Dance Fitness classes, and on no other promotional materials. All use of the Marks on such materials must be in the form as set forth herein and shall include a trademark notice, where appropriate in the following form: SHiNE™ and SHiNE Dance Fitness™. Logos are trademarks of SHiNE Dance Fitness, LLC, used under license. When using the Marks in electronic mail, Instructor shall adhere to all applicable laws governing e-mail advertising and marketing.
12.1.2 No Newsletters or Publications. Instructor may not use any of the Marks, in whole or in part, as the title of a newsletter or other printed or online publication.
12.2 Domain Name. Subject to SHiNE Dance Fitness’s need or desire to use a particular domain name, Instructor may use “SHiNE” as part of Instructor’s domain name address for a website that promotes Instructor’s SHiNE Dance Fitness classes:
12.2.1 Transfer to SHiNE Dance Fitness. In the event SHiNE Dance Fitness determines, in its sole discretion, that it has a need or desire to use a particular domain name that Instructor has registered and which includes the SHiNE Dance Fitness mark, in whole or in part, then at SHiNE Dance Fitness’s request, Instructor shall transfer such domain name to SHiNE Dance Fitness, in exchange for which SHiNE Dance Fitness shall reimburse Instructor for any reasonable out-of-pocket costs incurred in registering such domain name. SHiNE Dance Fitness shall not be required to reimburse Instructor for any costs incurred in designing Instructor’s website.
12.3 Website and Social Media Marks. Instructor may use the Marks on a website (including social networking sites) which Instructor uses to promote Instructor’s SHiNE Dance Fitness classes under the following guidelines:
12.3.1 Naming Your SHiNE Dance Fitness Class. Instructor shall not use the Marks combined with other terms unless expressly approved in writing by SHiNE Dance Fitness. For example, Instructor shall not refer to a class using the expression SHiNE-Extreme or Beginner SHiNE Dance Fitness. Instructor shall not use the Marks in combination with any other trademarks, service marks or other terms unless expressly approved in writing by SHiNE Dance Fitness. For example, Instructor shall not name a class using the expression SHiNE Zumba® or YMCA® SHiNE. However, Instructor may use the Marks followed by a preposition (e.g. With, On, At, In, etc.) – for example – SHiNE™ with Jessica or SHiNE Dance Fitness™ at XYZ Gym. Note that words following the preposition must be descriptive and not claim a general location or region, such as SHiNE™ of Denver.
12.3.2 Trademark Notice. All use of the Marks must be in the form: SHiNE Dance Fitness™ and the SHiNE™.
12.3.3 Link to SHiNE Dance Fitness. The website shall include a prominent hyperlink on the homepage to SHiNE Dance Fitness’s official website: www.shinedancefitness.com.
12.3.4 Trademark Usage. Instructor shall not use the Marks in combination with any other trademarks, service marks or other terms unless approved in writing by SHiNE Dance Fitness.
12.3.5 Music. Instructor shall not use any copyrighted music unless appropriate licensing has been obtained to do so. SHiNE Dance Fitness may request a copy of such license at any time.
12.3.6 Disparagement. Instructor shall not include any unsavory content on website or social media accounts or content that SHiNE Dance Fitness determines in its sole and absolute discretion dilutes, disparages, or is otherwise detrimental to the Marks or the SHiNE Dance Fitness brand. SHiNE Dance Fitness reserves the right to require that Instructor remove any such content from its website in SHiNE Dance Fitness’s sole and absolute discretion.
12.3.7 Ownership. Instructor shall clearly identify the owner of the website, or social networking site. (e.g. It must be clear that the site is owned by XYZ Instructor, or Fitness Gym and not SHiNE Dance Fitness, LLC.)
12.4 Internet and Social Media Videos. Instructor may create public promotional Internet videos which feature Instructor demonstrating a SHiNE Dance Fitness class or dance routines solely for the purpose of promoting Instructor’s SHiNE Dance Fitness classes and for privately live-streamed SHiNE classes under the following terms and conditions:
12.4.1 Releases. Instructor shall not include any class participants in such video unless Instructor has obtained appropriate written releases from each such participant.
12.4.2 Title. If Instructor uses a title for such video, then the title should be “SHiNE Dance Fitness™ class with _____” or “SHiNE™ ABC routine with _____.” Instructor’s name must be evident in the posting.
12.4.3 Music. Such video may only include music licensed by Instructor or hosting platform.
12.4.4 Duration. Public promotional videos may not show more than thirty (30) seconds of any SHiNE Routine.
12.4.5 Streaming. Internet videos created pursuant to this paragraph may be streamed only on Instructor’s own website, or social media platform, that complies with the terms of this License Agreement, including:
188.8.131.52 Classes are live-streamed, i.e. are not on-demand/recorded/saved.
184.108.40.206 Classes are not in the public domain, i.e. are part of a private forum.
220.127.116.11 Classes are not hosted/streamed/promoted as a part of third-party digital health and wellbeing programs.
18.104.22.168 Classes are limited to members of Instructor’s studio/gym/class.
22.214.171.124 Classes are not promoted in any online group facilitated by SHiNE Dance Fitness.
126.96.36.199 Instructor music licensing supports streaming, such that copyrights are not violated.
12.4.6 Disparagement. Instructor shall not include any content on Internet videos that dilutes, disparages, or is otherwise detrimental to the Marks or the SHiNE Dance Fitness brand. SHiNE Dance Fitness reserves the right to have removed or require that Instructor remove any such videos from the internet in SHiNE Dance Fitness’s sole and absolute discretion.
12.4.7 Special Permission. SHiNE Dance Fitness may grant specific written permission to post Internet Videos using the Marks for promotional purposes beyond the terms set above.
12.5 Radio and Television. Instructor shall only be permitted to use the Marks in radio or television advertising with SHiNE Dance Fitness’s prior written consent, which consent may be withheld in SHiNE Dance Fitness’s sole and absolute discretion.
12.6 Bona Fide News Coverage. Instructor may promote Instructor’s SHiNE Dance Fitness classes through live news coverage or print news media, such as newspapers and magazines, by any mainstream news organization or print publisher; provided, however, that (i) Instructor shall inform such organization or publisher of SHiNE Dance Fitness’s Guidelines for Proper Trademark Usage, and (ii) with respect to live news coverage, such coverage shall not include more than two (2) minutes of SHiNE Dance Fitness routines without SHiNE Dance Fitness’s prior expressed written consent. Instructor shall notify SHiNE Dance Fitness of any such promotion and, if possible, provide SHiNE Dance Fitness with a copy of the article or the footage for such news coverage, as appropriate.
12.7 Sales of Genuine SHiNE Dance Fitness Products. Instructors who purchase genuine SHiNE Dance Fitness products directly from SHiNE Dance Fitness for resale may use the Marks in accordance with this Agreement to identify and promote the retail sale of such products.
12.8 Charitable Fundraising Services. Upon obtaining prior written permission from SHiNE Dance Fitness at least thirty (30) days in advance, Instructor may conduct SHiNE Dance Fitness classes in connection with fundraising activities for charitable or other worthy causes. All such activities must be conducted in accordance with applicable law and Instructor shall be responsible for the handling and proper disbursement of all fundraising. SHiNE Dance Fitness reserves the right to prohibit Instructor from using the Marks in connection with any fundraising activities that SHiNE Dance Fitness determines, in its sole and absolute discretion, dilutes, disparages, or is otherwise detrimental to the Marks or the SHiNE Dance Fitness brand or is inconsistent with SHiNE Dance Fitness’s business objectives or interests. For permission to use the Marks, please contact us page at: [email protected].
12.9 Community Events. Pursuant to specific terms and conditions and only upon obtaining prior written permission from SHiNE Dance Fitness at least thirty (30) days in advance, Instructor may conduct SHiNE Dance Fitness community events (fairs, festivals, etc.). For permission to use the Marks, please visit the Contact Us page at www.shinedancefitness.com.
13. Restricted Use of Marks and other Prohibited Activities. Without limiting the restrictions that may otherwise apply to Instructor’s use of the Marks, Instructor shall not use the Marks or engage in any of the following activities:
13.1 Use of SHiNE Dance Fitness Logos and Stylized Writing. Instructor shall not alter the form or appearance of any of the SHiNE Dance Fitness logos or stylized marks, regardless of where used, including, but not limited to, the proportion, color and font.
13.2 Merchandise. Instructor shall not manufacture or create any merchandise (including clothing) or other promotional items bearing any of the Marks or anything similar or related to the Marks without the express prior written consent of SHiNE Dance Fitness.
14. Use of Marks other than to Promote SHiNE Dance Fitness Classes. Instructor acknowledges that SHiNE Dance Fitness may use (or license others to use) the Marks (and other trademarks) in connection with goods and services other than the Services. However, this Agreement does not grant to Instructor any right to use, and Instructor shall not use, any of the Marks for purposes of promoting any workshop, training, instruction, choreography session, or other activity (i.e. Exhibition at convention or trade show) other than a SHiNE Dance Fitness class, nor shall Instructor use any of the Marks to identify a gym, workout facility, or any other type of facility, program or product, except as expressly authorized herein, without the express prior written consent of SHiNE Dance Fitness. The Marks may not be used to identify a business or company.
15. Video Recording. Except as expressly set forth above for promotional purposes, Instructor may not record or distribute any recordings including videos or DVD’s of SHiNE Dance Fitness classes, or which depict or otherwise imitate SHiNE Dance Fitness choreography. SHiNE Dance Fitness materials and choreography are fully protected under the laws of copyright, and any unauthorized duplication, exhibition, distribution or other use without the express prior written consent of SHiNE Dance Fitness is strictly prohibited. In addition to constituting grounds for termination of this Agreement, copyright violators will be prosecuted to the fullest extent of the law.
16. Participant Locations. 16. Participant Locations. Instructor agrees that all Program Materials, including but not limited to dance routines to be used by Instructor, are to be provided to dance fitness students (“Participant”) in a live classroom format when reasonably possible.Virtual classes will not be promoted on the official SHiNE Dance Fitness location finder or within any SHiNE facilitated group, such as the SHiNE Instructorhood or SHiNE Online Facebook groups. SHiNE Dance Fitness will attempt to maintain geographic diversity among Instructors’ locations but is not responsible to ensure this diversity.
17. Non-Compete. The Instructor shall not operate, consult or be employed by an online or internet based business substantially similar to, or competitive with SHiNE Dance Fitness.At no time shall an Instructor provide Program Materials, merchandise, or Participant instruction in an online, or internet based, format that directly or indirectly competes with SHiNE Dance Fitness.
18. Payment for Participation. Program Participants may contract with and make payment to Instructor for the Instructor’s work instructing Participants in the SHiNE Dance Fitness program. Instructors may set program participation fees as appropriate for their individual location(s). SHiNE Dance Fitness does not collect fees from program Participants or manage Participant contracts with Instructor.
19. Returning Program Materials. If Instructor comes into control or possession of any Program Materials or Instructor Training Materials by any means whatsoever, including specifically by obtaining them from Participants or by purchasing them from a third party, Instructor shall immediately return all such Program Materials and/or Instructor Training Materials to SHiNE Dance Fitness. This provision does not apply to Instructor Training Materials provided specifically to Instructor as part of the SHiNE Dance Fitness training program.
20. Termination. SHiNE Dance Fitness may terminate this License Agreement for any reason whatsoever with or without cause and without any notice of any kind. Instructor agrees and acknowledges that neither SHiNE Dance Fitness nor any of its agents, officers, employees, owners, or representatives have represented to him/her that this License Agreement has any predetermined duration. Instructor may terminate this License Agreement with or without cause but must give SHiNE Dance Fitness 30-days written notice of the termination. Instructor shall be liable for any expenses SHiNE Dance Fitness incurs due to Instructor’s failure to give proper notice of termination.
21. Effect of Termination. Upon termination of this License Agreement, whatever limited license Instructor has been granted to share, disseminate, possess, or otherwise use the Program Materials and/or Instructor Training Materials immediately terminates regardless of wrongdoing by any party and notwithstanding any representations by SHiNE Dance Fitness or its agents, officers, employees, owners, or representatives to the contrary. Upon termination, Instructor shall immediately destroy or return all Program Materials and Instructor Training Materials to SHiNE Dance Fitness. Instructor’s obligations of confidentiality hereunder shall survive termination of this License Agreement.
22. Limitation of Liability. Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall SHiNE Dance Fitness or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to Instructor or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with this License Agreement, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of SHiNE Dance Fitness has been advised of or should have known of the possibility of such damages. In no event shall SHiNE Dance Fitness be liable for any damages in excess of the fees paid by Instructor pursuant to this License Agreement during the six-month period preceding the date on which a claim arises.
23. Indemnification. Instructor shall indemnify, defend and hold harmless SHiNE Dance Fitness and any of its affiliates along with their directors, officers, employees and agents from any and all losses, liabilities, damages and expenses (including reasonable attorney’s fees and costs) that they may suffer as a result of any claims, demands, actions or other proceedings made or instituted by a third party against any of them that arises out of any breach by Instructor of any provision of this License Agreement or from any other act of malfeasance or nonfeasance on the part of Instructor. Instructors are responsible for obtaining and keeping current liability insurance, personally or under the umbrella of the facility where instruction occurs.
24. Disclaimers. SHiNE Dance Fitness makes no representations or warranties, express or implied, to Instructor with respect to SHiNE Dance Fitness Services, or any products sold, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, SHiNE Dance Fitness makes no representation that the operation of SHiNE Dance Fitness’s website will be uninterrupted or error free. As such, SHiNE Dance Fitness shall not be liable for the consequences of any interruptions or errors, although SHiNE Dance Fitness agrees to make commercially reasonable efforts to correct errors or interruptions promptly.
25. Nature of SHiNE Dance Fitness Services. Instructor acknowledges and agrees that as a result of the physical nature of SHiNE Dance Fitness classes, SHiNE Dance Fitness may not be safe or appropriate for everyone. Instructor further acknowledges and agrees that any information SHiNE Dance Fitness may provide to Instructor through a SHiNE Dance Fitness website or otherwise regarding health and fitness is intended solely as a general educational aid and is not a substitute for medical or healthcare advice. Instructor further acknowledges that Instructor has been encouraged to seek the advice of a physician or other qualified healthcare professional if Instructor has experienced any medical condition that may affect Instructor’s ability to provide the Services. SHiNE Dance Fitness and its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction Instructor may take based on the information, services, or other material provided on a SHiNE Dance Fitness website. While SHiNE Dance Fitness will strive to provide complete, up-to-date and accurate information on its websites, SHiNE Dance Fitness and its affiliates and agents do not guarantee, and shall not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of such information.
26. Integration. This License Agreement is intended to embody the full and complete agreement between the parties with regard to the subject matter of this License Agreement. It supersedes any prior negotiations, agreements, and understandings with respect thereto.
27. Amendments. Instructor acknowledges that the terms and conditions of this License Agreement may be updated and modified at SHiNE Dance Fitness’s sole and absolute discretion. Such changes may be affected by SHiNE Dance Fitness’s posting of a change notice or a new agreement on its website. Such modified terms shall be deemed incorporated herein and made part hereof. SHiNE Dance Fitness shall make commercially reasonable efforts to notify Instructor of all such changes prior to implementation; provided, however, that the enforceability of such changes shall not be deemed contingent upon actual notification. In the event Instructor does not agree to abide by the terms of the License Agreement, as modified, Instructor’s sole remedy and recourse shall be to terminate this License Agreement.
28. Choice of Law. This License Agreement shall be interpreted under the laws of Idaho. Any litigation or dispute under this agreement shall be resolved in the district court in and for the County of Ada, State of Idaho. The parties hereby agree to submit to the jurisdiction of the Idaho state courts.
29. Severability. If any provision of this contract is held unenforceable, then such provision will be modified to reflect the parties’ intentions. All remaining provisions of this contract shall remain in full force and effect.
30. Non-Waiver. The failure by SHiNE Dance Fitness to require performance of any provision shall not affect SHiNE Dance Fitness’s right to require performance at any time thereafter, nor shall SHiNE Dance Fitness’s waiver of any breach or default of this contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
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Signed by Kendall Nielson
Signed On: May 11, 2023
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Document Name: Instructor License Agreement
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