Cheertots Licencee Agreement
This Cheertots Licencee Agreement will become effective on the date of the Licencee Cheertots Coaches Course, and will be valid for 12 months.
Cheertots (JB SPORTS AND DANCE LTD) Company Number 10564823 and whose registered office is 23 Shilling Close, Hull, HU7 3LE
1.Basis of Agreement
JB Sports and Dance Ltd has designed and created the brand, and program Cheertots, which are carried out under the trading name as Cheertots (trade name).
1.1 JB Sports and Dance Ltd has built the brand and trade name Cheertots, which has developed to become a reputable brand as a Cheerleading inspired class for the ages of 2-5 years. JB Sports and Dance Ltd is the exclusive owner of all rights in the trademark.
1.2 The Cheertots Licencee wishes to acquire from Cheertots the non- exclusive rights and licence to operate Cheertots classes and use the trademark in accordance with the terms of this Agreement.
1.3 The Coach shall conduct Cheertots classes in accordance with the terms of this Agreement.
1.4 The Agreement shall commence the date the Coach completes the Cheertots Coaches Certification Course and will be valid for 12 months.
1.5 A Cheertots Certified coach has a licence to teach Cheertots classes , parties and events only whilst they are a Licencee – which means once they have paid the Licencee fee of £120 per year, payable on the anniversary of the Licencee coaches course.
2.The Coaches Duties
2.1 To Teach Cheertots classes only with a valid Cheertots Licence.
2.2 To read and understand the Coaches Manual and adhere to all aspects of arranging, conducting and marketing Cheertots.
2.3 To Coach Cheertots classes only with a valid DBS Enhanced Check. This is the sole responsibility of the Licencee and must be adhered to.
2.4 To hold the relevant pre-requisites as stated upon booking a Cheertots Course.
2.5 To ensure the Licencee is strictly the only user of Cheertots Class content, choreography, lesson plans and music. The Licencee cannot give, submit , or pass on any content owned by Cheertots.
2.6 To adhere to the terms and conditions of the venue holding Cheertots classes.
2.7 The Cheertots coach agrees that it shall, in relation to personal data processed in connection with this Agreement process data in accordance with the Data Protection Act 1998 and any other applicable data protection legislation; and process the personal data only so far as is necessary for the purpose of performing its obligations under this Agreement.
2.8 Have valid training, including Emergency First Aid and Safeguarding.
2.9 Adhere to all brand guidelines specified in the Coaches Manual.
2.10 To ensure all policies are in place for your classes and you have completed a full risk assessment.
3.1 To advise and support the Cheertots Coach so they can make their Cheertots classes a success.
3.2 To Market the Cheertots brand via social media platforms
3.3 To update the website with news and information
3.4 To offer licencees extra income earnings by purchasing items, such as Water bottles, Panda bears, T-shirts, Bows
3.5 To continue to create new music and choreographed routines to grow the brand.
4.1 The Cheertots Coach shall pay the Licence fee of £120 yearly and payable on the anniversary of the Cheertots coaches course.
4.2 If the Licencee fails to make payment, the Licence will be revoked.
5.Status of the Coach
5.1 The Coach is engaged as an independent contractor and nothing in this Agreement will constitute any relationship of employer or employee, principal or agent, or partnership between the parties.
6.1 The coach hereby assigns to Cheertots all existing and future Intellectual Property rights ( including without limitation , trademarks, patents, copyright and related rights) and inventions arising from teaching and choreography carried out under this Agreement. The Coach Agrees promptly to execute all documents and do all acts as may, in the opinion of Cheertots, be necessary to give this clause.
6.2 The Coach acknowledges all Choreography, Music, Content, Lesson Plans, ideas, materials are the Intellectual Property of Cheertots.
6.3 The Coach shall NOT use the Intellectual Property other than what is specified in the Agreement.
6.4 Cheertots shall have conduct of any proceedings relating to the Intellectual Property and may take whatever action it, in its sole discretion , decides in respect of any infringement or alleged infringement of it, or arising from its use.
7.Insurance and Liability
7.1 Cheertots will not be liable for any loss or damage suffered by the Coach, Cheertots or any third parties arising from the performance of this Agreement.
7.2 It is the Coach’s sole responsibility to take out and maintain an appropriate Public Liability and accidental injury insurance policy with a reputable insurance company and any other cover which Cheertots may, in it’s absolute discretion, specify.
7.3 The Coach shall not breach, or allow any such breach of, such a policy.
8.1 Cheertots may terminate this Agreement with immediate effect without prejudice to any of the rights or remedies , by given written notice to the Coach if:
8.1.1 The Coach fails to pay the fee amount per year on the anniversary of the Coaches Course Certification.
8.1.2 The Coach commits a material breach of any term of this Agreement, and if such breach is remediable fails to remedy that breach within a period of seven days after being notified in writing to do so
8.1.3 Persistant complaints should continue to arise to Cheertots about the Quality or service provided by the Coach, and the Coach fails to improve such service to the satisfaction of Cheertots.
9.Consequences of Termination
9.1 On termination or expiry of this Agreement for any reason, The Coach shall;
9.1.1 immediately stop using the intellectual property, including the Cheertots trademark
9.1.2 immediately stop using any choreography, resources, music or content owned by Cheertots.
9.1.3 Cease to conduct Cheertots classes.
10.1 The Coach shall indemnify Cheertots against all liabilities, costs, expenses, damages and losses, including any direct, indirect or consequential losses or loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses suffered or incurred by Cheertots arising out of or in connection with the Coaches or another Coaches breach or Negligent performance or non- performance of this Agreement.
11.1 No variation of this Agreement or any of the document referred to in this Agreement shall be effective unless it is in writing and and signed by the parties.
12.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute as a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right of remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13.1 This Agreement and the Cheertots Coaches Manual constitute the entire Agreement between the parties and supersedes all prior agreements, terms or statements in connection with the subject matter of this Agreement.
Trademark – Cheertots.
This Agreement has been entered to on the date of the Coaches Certification Course.