XTEND BARRE INSTRUCTOR AGREEMENT
This Instructor Agreement (“Agreement”) is entered into by and between Xtend Holdings, LLC, a Texas limited liability company (“Company”), and the undersigned individual (“Instructor”), collectively referred to as the “Parties.”
1. Certification and Role
Instructor has purchased and successfully completed the Xtend Barre Instructor Online Certification Program (“ERT Certification”) and is thereby authorized to teach Xtend Barre branded classes in live and virtual-live formats at local gyms, studios, clubs, or similar venues.
2. Term and Renewal
This Agreement is effective for a period of twelve (12) months from the date Instructor passes the ERT Certification (“Effective Date”). This Agreement shall automatically renew for successive 12-month terms on each anniversary of the Effective Date, provided Instructor has completed and logged a minimum of eight (8) Continuing Education Credits (CECs) during the previous 12-month period. CECs must be accessed and purchased through the Xtend Instructor Portal.
3. Non-Compensation
Instructor acknowledges and agrees that they are not an employee or contractor of the Company and will not receive compensation from the Company for teaching Xtend Barre classes. Instructor teaches independently and is solely responsible for all matters related to their teaching, scheduling, and financial arrangements with any hosting venue.
4. Assumption of Risk and Liability Release
Instructor understands that teaching and participating in fitness classes involves inherent physical risks. Instructor hereby assumes all risks related to their instruction and their participation and their participant’s participation in such class and agrees to release (and herby does release), indemnify, and hold harmless Xtend Holdings, LLC, its officers, affiliates, agents, and employees from any and all claims, injuries, or damages arising from or related to Instructor’s participation (and that of participants in such classes) or instruction, including claims made by third parties. Instructor is responsible for and agrees to obtain separate releases or waivers from their students, and shall indemnify, and hold harmless Xtend Holdings, LLC, its officers, affiliates, agents, and employees from any and all claims, injuries, or damages arising from or related to Instructor’s failure to obtain such releases.
5. Intellectual Property and Trademark Use
Instructor acknowledges that all Xtend Barre content, materials, choreography, brand marks, logos, and training materials are the exclusive intellectual property of the Company. Instructor agrees:
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- Not to reproduce, adapt, or repurpose any Xtend Barre training content for use in other programs, brands, or platforms.
- To use the Xtend Barre name and brand only in approved formats and never for commercial use outside the scope of this Agreement.
- Instructor may list “Xtend Barre” on class schedules, flyers, and promotional materials for approved live or virtual-live classes only.
- Prohibited uses include:
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- Creating or using websites, emails, entities or social media handles featuring “Xtend” or “Xtend Barre” in the name (e.g., www.XtendBarreTulsa.com, MissXtend@gmail.com, @AngieXtendBarre).
- Uploading pre-recorded or on-demand Xtend Barre content to public or paid platforms including but not limited to YouTube, social media, apps, or websites.
- Offering Xtend Barre content through national or international broadcast, online platforms, or on-demand services.
6. Media Opportunities
Instructor may participate in local city or town-level media opportunities that mention Xtend Barre. Any statewide or national media or press inquiries must be directed to Xtend Holdings, LLC for coordination and approval.
7. Termination
This Agreement may be terminated at any time, by either party, for any reason, with or without notice. Upon termination, the Instructor must immediately cease teaching Xtend Barre classes and discontinue all use of Xtend Barre names, marks, and content. No refund or compensation shall be due upon termination. Both Parties agree to hold one another harmless from liability related to termination.
8. Force Majeure
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, labor disputes, governmental orders, pandemics, or technical failures.
9. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of law, the remainder of the Agreement shall remain in full force and effect.
10. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas, without regard to its conflict of law principles. Venue for any legal proceedings shall lie exclusively in the courts located in Travis County, Texas.
