GENERAL TERMS AND CONDITIONS CERTIFIED
These general terms and conditions (the “Agreement”) are a legally binding document issued by MAISON MUNZ, Inc., a company incorporated under the laws of the State of New York whose head office is located 127 W 131st Street New York NY 10027 USA, United States, represented by its Chairman and founder, Mr.Alexandre MUNZ (MAISON MUNZ").
The Agreement governs the relationship between MAISON MUNZ and the Participant, as such term is defined hereinafter. Any subscription for training by MAISON MUNZ is automatically subject to all the provisions of the Agreement and full acceptance by the Participant of all such provisions. In case of refusal of all or part of the Agreement, MAISON MUNZ will be unable to provide the training subscribed.
MAISON MUNZ and the Participant may hereinafter be referred to individually as a “Party" and collectively as the “Parties”.
MAISON MUNZ exclusively owns the right to operate a proprietary coaching and body training method called "S.A.F.E." (SPINE ADVANCED FUNCTIONAL EMPOWERMENT), created and developed in 2004 by its Chairman and founder, Mr. Alexandre MUNZ (the "Method").
The Method consists of tools used in the artistic, sports and scientific fields. It is based on a new perception of the human body and its movements and was developed in connection with other disciplines such as psychomotricity, biomechanics and neuroscience.
Initially created as a self-healing method against pathologies and migraines, the Method has become a basic tool for corporal performance meeting the needs of various communities: dance professionals, high-performance athletes, circus performers, martial arts practitioners, medical professionals, as well as the general public, i.e. people who do not dance or practice sports and elderly people, among others.
The Method is currently composed of four (4) separate training methods: S.A.F.E.® FLOOR, S.A.F.E.® BARRE, S.A.F.E.® RISE and S.A.F.E.® MOVE. S.A.F.E.® is a registered trademark (the “Trademark”).
The Participant, whose name is mentioned on the MAISON MUNZ cart, wishes to practice and learn some of the exercises based on the Method during 1 (one) session.
The Parties have therefore agreed on the following terms and conditions under which the Participant may benefit from training by MAISON MUNZ based on the Method.
Article I – Purpose of the Agreement
Pursuant to this Agreement, MAISON MUNZ agrees to train the Participant in the exercises contained in the Method subscribed by the Participant on MAISON MUNZ’s website or on MAISON MUNZ’s premises and as further described below.
MAISON MUNZ expressly reserves the right to terminate the Agreement with the Participant if, after verification, it appears that the latter cannot practice the exercises. In such event, all fees paid by the Participant will be non-refundable and non-creditable.
Article II – Training
Subject to the terms of this Agreement, MAISON MUNZ undertakes to provide the Participant with 1 (one) lesson based on the Method of 1 (one) hour up to 3 (three) hours to practice and learn some of the various components of the Method selected by the Participant (the “Lesson”).
Article III – Confidentiality
The Participant acknowledges that, during the Lesson, MAISON MUNZ may disclose confidential and proprietary information and materials about the Method (including the exercises based on the Method) and that all such knowledge, information and materials received, and the Lesson documentation and materials, are and will be the trade secrets and confidential and proprietary information (collectively “Confidential Information”) of MAISON MUNZ.
The Participant agrees to hold in the strictest confidence and not use or disclose any of MAISON MUNZ’s Confidential Information in perpetuity and not to publish, copy or use it in any way, commercially or otherwise, except as provided in this Agreement, and not to allow any unauthorized person access to it, either before or after expiration or termination of this Agreement.
For clarity, the use and reproduction of any Lesson materials beyond the terms of this Agreement is strictly prohibited. Confidential Information will not include, however, any information that is or becomes part of the public domain through no fault of the Participant or that MAISON MUNZ regularly gives to third parties without restriction on use or disclosure.
Article IV – No authorization to teach the Method
By attending a Lesson, the Participant shall not be granted the right to reproduce and perform the Method’s exercises in which the Participant was trained. Courses based on the Method, whether provided on premises, online or via other remote communication techniques are expressly prohibited.
In the event that the Participant is interested in becoming certified instructor under the Method, the Participant shall inform MAISON MUNZ and MAISON MUNZ may accept to discuss with the Trainer of this opportunity. MAISON MUNZ may then inform the Participant of the conditions to become certified instructor. For avoidance of a doubt, MAISON MUNZ shall bear no obligation to discuss with the Participant of the conditions to become a certified instructor.
Article V – No trademark license
MAISON MUNZ does not grant to the Participant any right or license to use the Trademark for any purpose whatsoever. All rights attached to the Trademark are expressly reserved to MAISON MUNZ. Any use of the Trademark in violation of this Agreement is strictly prohibited and subject to immediate termination of this Agreement and compensation for the damage suffered by MAISON MUNZ.
Article VI – Financial terms and conditions
The Participant shall pay to MAISON MUNZ the fee for the Lesson set at the time of its subscription (the “Fee. The Fee shall be paid in 1 (one) instalment before the Lesson begins.
MAISON MUNZ reserves the right to review, modify or increase the Fee, including, without limitation, any costs for additional hours of Lesson, in its sole discretion at any time without prior written notice. Any changes in the Fee will only be applicable upon entering a new Agreement relating to a new Lesson (including additional hours of Lesson).
Article VII – Term and Survival
The Agreement takes effect upon the subscription of 1 (one) Lesson by the Participant and shall end at the end of the said Lesson. However, provisions set forth at articles III (“Confidentiality”), IV (“No authorization to teach the Method”), V (“No Trademark License”) and IX (“Ownership of the Method”) shall survive the end of this Agreement.
Article VIII – Limitation of Liability
The Participant shall read, accept and sign the “Waiver and Release Form” attached in Annex 1.
IN NO EVENT WILL MAISON MUNZ BE LIABLE FOR ANTICIPATED PROFITS, INTEREST, PENALTIES OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR EXEMPLARY DAMAGES OR LIABILITIES IN CONNECTION WITH THIS AGREEMENT, WHETHER FOR BREACH OF CONTRACT, PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, OR DEATH OR OTHERWISE.
Article IX – Ownership of the Method
The Participant acknowledges that Mr. Alexandre Munz is the sole owner and creator of the Method. The Participant shall not make any negative or disparaging statements or remarks, or harm the reputation of, whether orally, visually or in writing, the Method, Mr. Alexandre Munz and/or MAISON MUNZ, either during or after the Lesson.
Article X – Use of the Participant’s image
The Participant authorizes MAISON MUNZ to use its image and personality attributes for reproduction and representation purposes in various communication media, including advertisements, prepared and publicly released by MAISON MUNZ to promote the Method, without further remuneration.
Accordingly, the Participant expressly authorizes MAISON MUNZ to use, reproduce and publicly release its image, silhouette, face and body as shown in existing or future photographs taken for the purposes of communications concerning the Method, on any media and on a global basis, without further remuneration.
The Participant acknowledges that it is aware that the said photographs may be used by MAISON MUNZ for communication purposes, including in a commercial, advertising, editorial or other context, and particularly for its internal and external communication purposes in respect of employees, customers, prospective customers, i.e. television, newspapers, magazines, brochures, catalogs, press kits, posters, display units, Internet/intranet/extranet networks, digital multimedia (DVDs, CDs, etc.), mobile phones (particularly smartphones), tablets and, including without limitation, any promotional or advertising media.
The Participant acknowledges that it is aware, and accepts, that the said photographs may be released directly in their initial form or on a partial basis, and modified or adapted in any way whatsoever, provided however that such modifications or adaptations are not liable to offend the Participant’s honor or dignity. In no event may the photographs be used to illustrate content that does not comply with applicable laws and regulations.
The above license and authorization is granted free of charge for a term of ten (10) years as from the Lesson, and this copyright license term may be renewed by a signed written agreement for successive periods of one (1) year.
Article XI – Miscellaneous provisions
11.1 – Entire Agreement
The Parties acknowledge that the Agreement represents the entirety of the agreement concluded between them and supersedes all previous offers, terms or agreements, both written and oral, concerning the same subject matter.
11.2 – Amendment of the Agreement
No subsequent document and no modification of the Agreement whatsoever will be binding on the Parties unless it takes the form of a duly dated written amendment signed by the Parties referencing this Agreement and the modifications it is purporting to modify.
If one of the stipulations of the Agreement is found to be null and void pursuant to an applicable law or a final non-appealable court decision, it will be deemed as unwritten and will not result in the voidance of the Agreement or affect the validity of its other stipulations.
11.4 - Annex
The Agreement contains 1 (one) annex, which forms an integral part of the Agreement and the Parties’ understanding:
- Annex 1: Release and Waiver Form
11.5 – Waiver
The failure of a Party to enforce on a particular occasion any right or remedy provided in this Agreement whether by law, or in equity will not be deemed a waiver of that right or remedy on a subsequent occasion or a waiver of any other right or remedy.
11.6 – No Third Party Beneficiaries
Unless otherwise expressly provided for herein, no provisions of this Agreement are intended or shall be construed to confer upon or give to any person or entity other MAISON MUNZ and the Participant, any rights, remedies or other benefits under or by reason thereof.
Article XII – Applicable law and disputes
This Agreement is governed by the Law of New York.
Any dispute that may arise in connection with its interpretation and/or performance, and for which an amicable settlement cannot be found, will be exclusively submitted to the courts and tribunals of New York (New York), including in the case of multiple defendants, third-party appeals and emergency proceedings (emergency appeal, action at short notice, fixed date proceedings, motion).
Acknowledged, accepted and agreed by the Parties.