TERMS & CONDITIONS
ChiChi Fit Instructor License and Membership
COVID-19 Pandemic temporary measures:
A ChiChi Fit licence permits you to teach live face to face classes only (see clause 8.1). During this pandemic, ChiChi Fit are temporarily adapting this condition to allow private, online classes to take place provided the following criteria are met:
- Normal face to face classes can not be taught due to Government advice.
- Your personal liability insurance policy covers you for online teaching: distance learning where you are not able to see and correct the participants, and you are not in control of the dance space/flooring they work-out in.
- Each participant has signed a liability waiver.
- You have the necessary PRS/PPL music license to play your music via your chosen platform (Zoom/Skype etc).
- Classes are to be organised in password protected PRIVATE CLOSED GROUPS where you approve who enters and ONLY for existing clients.
- NO routines/classes are to be recorded or saved. All live streaming sites offer the option of saving, make sure you DO NOT SAVE.
- Classes are taught in a suitable, safe space that looks professional.
ChiChi Fit Logo on Clothing: Reproduction of the ChiChi Fit logo onto items of clothing is strictly forbidden. Purchase ChiChi Fit branded clothing from the official ChiChi Fit website shop.
Filming & Sharing ChiChi Fit Routines: Posting videos of full routines which feature ChiChi Fit choreography on any online platform which are open to the viewing public is not permitted. You are permitted to post publicly short clips only (no more than 15 consecutive seconds) for the purpose of promotion only.
Social Media Titles: Instructor must include his/her name in the title of any social media page(s) incorporating the ChiChi Fit Logo to be identified on the page. Example: ChiChi Fit with Katie Smith. Include your location e.g Katie Smith Bristol, if this will help to identify you more accurately. This Section applies to social media pages created and/or used for events.
Programme Names: Instructor may only use the programme names for which Instructor is licensed to teach. Example: ChiChi FIT, ChiChi ENCORE, ChiChi KIDS. Classes in these programmes can only be taught by an Instructor who has an individual License to teach each programme.
Music: Instructor must obtain an appropriate license to use the music selected by ChiChi Fit for all classes and programmes. The UK license is PRS & PPL. See clause 8.5 for more information.
Choreography: ChiChi Fit choreography must be used in dance fitness classes that are clearly identified as ChiChi Fit. Using ChiChi Fit choreography under any other brand name is not permitted. See clause 9.3 for more information
“us” and “we” means ChiChi Fit the company.
“programme” means any of the three programmes offered; ChiChi FIT, ChiChi ENCORE and ChiChi KIDS:
“course” means an instructor training course for any one of the programmes.
“live training” means face to face training carried out in a designated venue.
“online training” means training carried out in real time over the internet using a suitable platform like Zoom.
“instructor” means a certified instructor who has completed training in one of the programmes and is licensed to teach by having an active membership to ChiChi NET.
“ChiChi NET” means the ChiChi Fit online instructor portal containing course material and material that is unlocked over time to support instructors ongoing.
1.2. Please read these T&Cs carefully as they create the contractual relationship between you and us so we highly recommend that you fully understand and are able to comply with these T&C’s. If further clarification is required, please contact us by e-mail (firstname.lastname@example.org) or through the Contact us on this Website.
2. THE CHICHI FIT COURSE AND CHICHI NET MEMBERSHIP FEES
2.1. Booking a course. Book a course via the Become An Instructor page on the Website. It is not permitted to transfer your course booking to another person.
2.2. Course and Membership Fees. You agree to pay the course fee (as stated on the website). You understand and agree that once you book a course under the ChiChi Fit brand, in order to become a licensed instructor you will be required to pay us a monthly membership fee (the “Membership Fee”). Such Membership Fee is due on completion of the course. Ongoing access to ChiChi NET is contingent on your payment of the Membership Fee, so if you stop paying your Membership Fee you will lose your licence to teach the programme under the ChiChi Fit brand and your ongoing access to ChiChi NET will be terminated (effective from the first month for which you have failed to pay the Membership Fee). The Membership Fee for monthly content shall be payable every month until you cancel your ChiChi NET Membership (or it is cancelled by us). If you wish to cancel your ChiChi NET Membership, please refer to Section 4 below for information regarding our cancellation and refund policy. Some individuals who undertake the course may have their Course Fee paid for by the gym/fitness club at which they teach. Save for the fact that such persons will not be required to pay the Course Fee personally, these T&Cs shall be otherwise binding on the individual including without limitation the requirement to pay the Membership Fee.
2.3. Refusal/acceptance of course applications. ChiChi Fit is entitled to refuse any course application made by you or on your behalf for any reason or for no reason at all. If your application is accepted, ChiChi Fit will notify you electronically at the email address you provided us on your course application. We will not accept any course application until full payment of the course fee has been made by you and has been confirmed as satisfactory by ChiChi Fit or any third party acting on our behalf. You agree that all notices, invoices and other communications we are required to send to you will be provided electronically and acknowledge that the course notification email will constitute an electronic invoice.
2.4. Warranty re: your details. You confirm that all details you provide to us (or any third party acting as our agent) for the purpose of booking on the course will be correct, that the credit or debit card, or any electronic cash, which you use to pay your Course Fee and Membership Fee is your own and that there are sufficient funds or credit facilities to cover the payments when they fall due.
2.5. Additional information. ChiChi Fit reserves the right to require you to provide any additional information that it may deem necessary in order to authorise your booking.
2.6. Prerequisites. You do not require any other certification to book on the ChiChi FIT programme course. To book either a ChiChi ENCORE or ChiChi KIDS programme course you are required to have completed the ChiChi FIT programme course.
3. COURSE CANCELLATIONS, REFUNDS AND CHANGES
3.1. Cancellation of a course booking. You may cancel your booking on the course for any reason within 14 working days of us sending you the confirmation of your course date, and a minimum of 14 days prior to the course date you have been booked to attend (“Cancellation Period”). To cancel your booking on the course, it must be done during the Cancellation Period by e-mailing email@example.com. In circumstances where you attempt to notify us within the Cancellation Period but we do not receive your notification, you will be required to provide evidence that such notification was sent within the Cancellation Period. An e-mail read receipt is an acceptable form of evidence.
3.2. Refund of course fee. Upon cancellation of your booking on the course in accordance with these T&Cs, you will be entitled to a full refund of the course fee that you have paid. This refund will be paid as soon as possible, but in any event within 30 days of our receipt of a valid cancellation notice. No refund of the course fee will be given if notice of cancellation is given after the expiry of the Cancellation Period. No refunds will be given for a course that is started but not completed.
3.3. Changing the date of your course. To change the date of the course you have booked, you must email firstname.lastname@example.org a minimum of 7 days prior to the course date.
3.4. Course changes and cancellations by ChiChi Fit. ChiChi Fit reserves the right to cancel or change the venue or date of the course. In this event you will be notified a minimum of 7 days prior to the original course date by email and/or phone and you can choose another course date to attend at no extra cost. You are responsible for ensuring your contact details held by ChiChi Fit are up to date.
4. CHICHI NET ACCESS, TEMPORARY SUSPENSION AND CANCELLATIONS
4.1. Access to ChiChi NET in the event of failed payment. If for any reason your monthly Membership Fee is not received by ChiChi Fit or any payment is returned, refunded or retrieved by you, your credit card company or the entity through which you have arranged finance, your access to ChiChi NET will be denied. Under these circumstances ChiChi Fit will no longer be under any obligation to you and your ChiChi NET Membership will be cancelled immediately. No refund will be given of any payments made up to the date of cancellation. All outstanding payments will remain payable by you and ChiChi Fit may take any action required to reclaim such outstanding payments.
4.2. Access to ChiChi NET content that is unlocked over time. If you continue to pay your monthly ChiChi NET membership, new content is unlocked over time, based on the number of months from your first payment of the monthly Membership Fee. This first payment is termed Month 0. The longer you continually pay your Membership Fee, the more content is unlocked. If you intentionally cancel or stop paying the Membership Fee, then the number of months is reset back to Month 0. If you resume your monthly ChiChi NET membership at a later date, then you will restart on Month 0. Content that was previously unlocked, will now be locked.
4.3. Temporary suspension of ChiChi NET Membership. In certain circumstances you may apply for a temporary suspension of the ChiChi NET Membership, for example during maternity or a period of extended illness. ChiChi Fit is entitled to refuse any temporary suspension application made by you for any reason or for no reason at all. If a temporary suspension is granted by ChiChi Fit, throughout the period of suspension:
(i) you will not be required to pay the Membership fee,
(ii) your access to ChiChi NET will be stopped,
(iii) your license to teach will be inactive.
When you resume your monthly Membership Fee:
(i) your license to teach will become active,
(ii) your access to ChiChi NET will resume from the point the temporary suspension was activated and the number of months will not be reset to 0 so clause 4.2 does not apply.
Application for temporary suspension must be made by email to email@example.com a minimum of 14 working days prior to the due date of the next monthly Membership fee. Notification of resuming a temporary suspension must be made by email a minimum of 14 working days prior to the desired resumption date.
4.4. Cancellation of monthly ChiChi NET Membership. If you wish to cancel your monthly ChiChi NET Membership, you may do so at any time by email to firstname.lastname@example.org. ChiChi Fit will cancel your Membership upon receipt of the aforementioned written notice. No further Membership Fee shall be payable, unless previously due and outstanding, and your access to the ChiChi NET shall be terminated. As per clause 4.2, your monthly term will be reset to Month 0, should you resume your monthly ChiChi NET Membership.
5. WEBSITE, USERNAME, PASSWORD AND PERSONAL DATA
5.1. Availability of the Website and disclaimers. Any online facilities, tools, services or information that ChiChi Fit makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. ChiChi Fit is under no obligation to update information on the Website. Whilst ChiChi Fit uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers. ChiChi Fit accepts no liability for any disruption or non-availability of the Website. ChiChi Fit reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
5.2. Username and password. Access to your ChiChi Fit online account and ChiChi NET is through a username and password. You must ensure that you keep your username and password secret and that you do not disclose them to anyone, as you will be responsible for all activities which occur under your username and password. It is your responsibility to notify us immediately of any unauthorised use of your username or password or any other breach of security as soon as you become aware of it.
6. CHICHI FIT INSTRUCTOR TRAINING
6.1. Warranty as to your fitness and limitation of ChiChi Fit liability. You acknowledge that you are fully aware of the risks involved in participating in the course which can be physically and mentally demanding. You represent and warrant that you are both physically and mentally fit to undertake the course you attend and to perform, conduct, teach and/or instruct ChiChi Fit and you discharge ChiChi Fit, its agents, employees and representatives on a continuing basis from any and all liability for injuries or damages resulting from your participation in the course and/or in connection with performing, conducting, teaching and/or instructing ChiChi Fit to the fullest extent permitted by law. This exclusion shall not cover death or personal injury caused by the negligence of ChiChi Fit or its employees, agents or sub-contractors.
6.2. Consent to recordings. You agree that during the course you may be videotaped, audio recorded and photographed by ChiChi Fit and/or its agents and you consent to ChiChi Fit using any such recordings and/or photographs for promotional and training purposes for ChiChi Fit only. You give all necessary consent and waivers, including in relation to performer’s rights, to enable ChiChi Fit to make the fullest use of the aforementioned recordings in accordance with these T&Cs.
6.3: Online Training. Your use of the ChiChi Fit online training course is at your sole risk. The online course is provided on an “AS IS” and “AS AVAILABLE” basis. The online course is provided without warranties of any kind, whether express or implied. You are responsible for your internet service, and ChiChi Fit will not be liable for any interruption of the online course due to your internet service. You are responsible for undertaking the course in a suitable and safe environment with enough space to dance. ChiChi Fit recommends a minimum of 2 metres by 3 metres. Any filming, screen capture or copying of the online course is strictly prohibited without prior permission of ChiChi Fit.
6.4. Course behaviour and suitability. You agree to conduct yourself in an appropriate manner during the course. If you behave in a manner deemed unacceptable by ChiChi Fit, we have the right to exclude you from the remainder of the course. In this event ChiChi Fit will not be obliged to return your course fee. You agree that during the course, you are in a suitable physical and mental state to complete the course.
7. CERTIFICATION & SUPPORT
7.1. Certification as a ChiChi FIT instructor. Booking a course does not in any way guarantee successful completion of the course or the attainment of certification as a qualified ChiChi FIT instructor and being able to teach a ChiChi FIT Class. Certification as a ChiChi FIT instructor will only be issued once:
(i) a course has been attended,
(ii) ChiChi NET Membership has commenced.
(iii) all relevant course fees have been paid.
7.2. ChiChi NET Membership Support. For enquiries into the use of ChiChi NET support forms and email email@example.com. We will respond to your enquiry within 2 working days unless prevented for reasons beyond the control of ChiChi Fit.
8. CHICHI FIT INSTRUCTOR LICENCE
8.1. Grant of licence. Subject to your payment of the course fee and Monthly Membership Fee in accordance with these T&Cs, ChiChi Fit grants you a limited, non-exclusive and non-transferable licence to:
(i) access ChiChi NET,
(ii) use materials specified as downloadable for the purpose of teaching or promoting ChiChi Fit classes (but for no other purpose), and
(iii) teach ChiChi Fit as an official ChiChi Fit instructor in the UK and Ireland in private venues, outside or at fitness clubs/gyms.
The license does not permit you to teach ChiChi Fit classes online in any capacity.
8.3. User generated content and grant of licence to ChiChi Fit. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that:
(i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
(ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or
(iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website. You grant us an irrevocable transferable royalty free licence in perpetuity to use any such content submitted by you to the Website or ChiChi Fit, and grant all other necessary consents and waivers to enable ChiChi Fit and its agents to use such content on the Website and/or for promotional purposes.
8.4. Public Performance Licence. All downloadable ChiChi Fit music tracks (the “music”) which form part of the programme materials require a Public Performance Licence to use them publicly (e.g. during ChiChi Fit classes). If you use such music publicly you warrant that:
(i) you hold a valid Public Performance Licence (from PPL/PRS for Music, in the UK https://pplprs.co.uk/) in respect of the public performance of the music used as an accompaniment to ChiChi Fit classes and you will continue to hold such licence throughout the period of your use of the music; or
(ii) you are in possession of a written statement from the owner of the venue at which you will be using the music that confirms that the owner holds a Public Performance Licence in respect of the public performance of the music used as an accompaniment to ChiChi Fit classes at such venue and that such owner will continue to hold such licence throughout the period of your use of the music at that venue.
8.5. Programme License: Your license is restricted to programmes for which you are licensed to teach. Example: ChiChi FIT, ChiChi ENCORE, ChiChi KIDS. Classes in these programmes can only be taught by an Instructor who has a license to teach each individual programme.
9. COPYRIGHT IN CHICHI FIT WEBSITE, BRANDING
9.1. Intellectual property. All Content included on the Website, unless uploaded by Users, is the property of ChiChi Fit or its third-party licensors. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. You may use downloadable ChiChi Fit course material in its downloaded form subject to the terms of the licence granted in section 9.1 above, but you may not otherwise copy, reproduce or use, nor modify, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, recordings, choreography and/or messages without our prior written consent.
9.2. Choreography. Due to the complex musicality of show tunes, every ChiChi Fit routine is choreographed in its entirety and choreography is released via ChiChi NET with the inclusion of thorough trainings. The choreography demands a strong element of fitness, while managing changing rhythms, tempo, story-telling and musical style. This requires very precise, expert choreography to effectively incorporate all. Instructors are prohibited from creating and using their own choreography in a ChiChi Fit class. New routines will be released monthly, ensuring enough routines are available to instructors to maintain the balance between ChiChi Fit being a dance ‘fitness’ class, not purely a dance class. ALL choreographies are copyright of ChiChi Fit and will remain the exclusive property of the Company. Any copying of choreography or adaptation is strictly prohibited without prior permission of the Company.
9.3 Choreography use. ChiChi Fit choreography must be used in dance fitness classes that are clearly identified as ChiChi Fit. Using ChiChi Fit choreography under any other brand name is not permitted. If ChiChi Fit choreography is to be used by a Dance/Stage School or as part of a service provided by a Dance/Stage School, the class must be clearly identified as ChiChi Fit, for example “ChiChi Fit at Cheltenham Dance School”. A ChiChi Fit class must use ChiChi Fit choreography in its entirety. Mixing ChiChi Fit choreography in classes that contain choreography from other sources is not permitted.
9.4. Filming & Sharing ChiChi Fit Routines: Posting videos of full routines which feature ChiChi Fit choreography on any online platform which are open to the viewing public is not permitted. You are permitted to post publicly short clips only (no more than 15 consecutive seconds and no more than 30 seconds of a single routine) for the purpose of promotion only.
9.5. ChiChi Fit Logo on Clothing: Reproduction of the ChiChi Fit logo onto items of clothing is strictly forbidden. Purchase ChiChi Fit branded clothing from the official ChiChi Fit website shop.
9.6. Social Media Titles. You are permitted to create a social media page/group incorporating the ChiChi Fit Logo for the purpose of promotion, providing your name is in the title of the social media page/group and the page/group is clearly identified with you the instructor, differentiating with ChiChi Fit the company page. Example: ChiChi Fit with Katie Smith. Include your location e.g. Katie Smith Bristol, if this will help to identify you more accurately. This Section applies to social media pages created and/or used for events.
9.7. Filming & Sharing ChiChi Fit Routines: Posting videos of full routines which feature ChiChi Fit choreography on any online platform which are open to the viewing public is not permitted. You are permitted to post publicly short clips only (no more than 15 consecutive seconds) for the purpose of promotion only.
9.8. Reverse Engineering. Instructor will not develop (nor will Instructor authorize or cooperate with any third party to develop) any products or choreography that uses Musical Theatre music to compete with ChiChi Fit in the dance fitness market.
10. Monitoring of 3rd party content, notice and takedown
10.1. Monitoring of 3rd party content. You acknowledge that we do not actively monitor any third party content or content appearing on the Website which derives from a third party website and we shall not be responsible or liable for any such content including, without limitation, any third party content:
(i) which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
(ii) in which the Intellectual Property Rights are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or
(iii) which is prohibited by the Data Protection Act 1998 or any other applicable data protection laws.
10.2 Notice & takedown. If we are informed or if we suspect that any material on the Website infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Website. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If You have any concerns or queries about material which appears on our Website (including if You believe that any content displayed on the Website has violated Your Intellectual Property Rights) please email us at: firstname.lastname@example.org.
11. EXCLUSIONS, LIMITATION OF LIABILITY AND INDEMNITIES.
11.1. Exclusions. All implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the course, the Website or any information or service provided through the Website are strictly excluded by us to the fullest extent possible under the laws of England and Wales.
11.2. Limitation of Liability. In relation to your enrolment on the course and on-going ChiChi NET membership, in no event shall we be liable for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use, or performance of the website or its contents, in no event shall we be liable for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of ChiChi Fit or our servants, agents or any other person If we are liable to you for any reason, our liability will be limited to the amount paid by you to date for the course on which you have booked . This limit does not apply to any liability we may have for death or personal injury resulting from our negligence nor for fraudulent misrepresentation.
11.3. Indemnity given by you. You agree to defend, indemnify, and hold harmless ChiChi Fit against all losses, liability, damage, cost or expense (including without limitation legal fees and disbursements) suffered by ChiChi Fit arising out of your breach of any of your obligations, representations or warranties given under these T&Cs.
11.4. Liability for your acts and omissions. You acknowledge that you shall be responsible for your acts, omissions, errors or neglect when performing, conducting, teaching or instructing material you may have learned through the Website and training courses and shall maintain public liability insurance that covers group fitness classes.
12.1. Course and Membership fee changes. The course fee is subject to change in our sole discretion and without prior notification to you. Prior to providing payment, please review the checkout page to confirm the fee. The ChiChi NET Membership Fee is subject to change in our sole discretion. Should the Membership fee change, then we shall provide you thirty days’ advance notice. If you do not agree to the new Membership Fee, please notify us to cancel your Membership.
12.2. Payments by Credit Cards and Debit Cards. We reserve the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to make payments on the Website. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to process the payment information. If you believe your credit or debit card might have been used in a fraudulent manner on the Website, please Contact us.
13.1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
13.2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
13.3. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
13.4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
13.5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
13.6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
13.7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
13.8. Notices. All notices shall be given (i) to us via e-mail at email@example.com or (ii) to you at either the e-mail or postal address you provided upon or have updated since enrolment. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
14.1. Sections of these T&Cs were created using a document from Rocket Lawyer
T&Cs last updated on 17 June 2021