Terms of Use

Terms of Use


THE FOLLOWING TERMS AND CONDITIONS ARE IN TWO (2) SECTIONS:
1) TERMS AND CONDITIONS FOR THE USE OF THE ANTIGRAVITY® WEBSITE
2) INSTRUCTOR TRAINER AGREEMENT INCLUDING A NON-COMPETITION AND CONFIDENTIALITY PROVISION.

TERMS AND CONDITIONS FOR THE USE OF THE ANTIGRAVITY® WEBSITE

1. THE TRADEMARK ANTIGRAVITY® AND STAR DEVICE USED IN THE SITE ARE OWNED BY ANTIGRAVITY, INC. YOU MAY NOT USE THE TRADEMARKS DISPLAYED ON THIS SITE, OR ANY OTHER CONTENT ON THE SITE, EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS. ANY OTHER USE IS STRICTLY PROHIBITED AND ANTIGRAVITY® WILL TAKE ALL NECESSARY ACTION TO ENFORCE ITS RIGHTS.

2. YOU SHOULD ASSUME THAT EVERYTHING YOU SEE OR READ ON THIS SITE IS COPYRIGHTED AND MAY NOT BE USED EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS. YOU MAY DOWNLOAD ONE COPY OF THE CONTENTS OF THE SITE TO ONE COMPUTER FOR YOUR PERSONAL AND NON-COMMERCIAL HOME USE PROVIDED YOU DO NOT CHANGE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICE. IF YOU MODIFY OR USE THE MATERIALS FOR ANY OTHER PURPOSE, YOU WILL BE VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF ANTIGRAVITY®, WHICH IT VIGOROUSLY PROTECTS.

3. THE SITE PROVIDES YOU AN OPPORTUNITY TO COMMUNICATE WITH US. PLEASE BE AWARE THAT ANY COMMUNICATION, WHETHER IT BE SUGGESTIONS, IDEAS, GRAPHICS, OR OTHER MATERIAL, TO ANTIGRAVITY® THROUGH THE SITE OR OTHERWISE WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY. ANYTHING YOU SUBMIT, TRANSMIT, OR POST BECOMES THE PROPERTY OF ANTIGRAVITY, INC., OR ITS AFFILIATES (HEREINAFTER "ANTIGRAVITY®") AND ANTIGRAVITY IS FREE TO USE, WITHOUT BEING LIMITED THERETO, ANY IDEAS, CONCEPTS, SUGGESTIONS, GRAPHICS, PHOTOGRAPHY, OR KNOW-HOW CONTAINED IN ANY COMMUNICATION FOR ANY PURPOSE WHATSOEVER, WHETHER COMMERCIAL OR NON-COMMERCIAL, WITHOUT PAYMENT OF ANY COMPENSATION TO YOU.

4. ANTIGRAVITY® HAS USED REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE; HOWEVER, IT MAKES NO WARRANTIES OR REPRESENTATION AS TO THE ACCURACY OF ITS CONTENTS. ANTIGRAVITY® DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE.

5. THIS ANTIGRAVITY® SITE AND ALL CONTENT, INCLUDED OR AVAILABLE THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). ANTIGRAVITY® DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE ANTIGRAVITY® SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE OR CORRECT. YOUR USE OF THIS ANTIGRAVITY® SITE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSIONS OF CERTAIN WARRANTIES SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCE SHALL ANTIGRAVITY®, ITS PARENT, SUBSIDIARIES, OR AFFILIATES AND EACH OF THE FOREGOING DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THE USE OF OR INABILITY TO USE THIS ANTIGRAVITY® SITE OR ANY PORTION THEREOF INCLUDING, WITHOUT BEING LIMITED THERETO, ANY OFFERING THAT MAY BE MADE THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANTIGRAVITY® HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF ANTIGRAVITY® TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE ANTIGRAVITY® SITE. YOU MAY BRING NO CLAIM AGAINST ANTIGRAVITY® MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF ANTIGRAVITY® IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.

6. ANTIGRAVITY® MAKES NO REPRESENTATION ABOUT ANY OTHER SITE THAT YOU MAY ACCESS THROUGH ITS SITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OTHER SITE. UNLESS EXPRESSLY STATED, ANTIGRAVITY® DOES NOT ENDORSE ANY PRODUCTS OR SERVICES OFFERED BY ANY COMPANY OR PERSON LINKED TO ITS SITE. YOU MAY NOT CREATE A LINK TO THE ANTIGRAVITY® SITE WITHOUT FIRST OBTAINING ITS WRITTEN PERMISSION.

7. YOU ARE PROHIBITED FROM POSTING OR TRANSMITTING ANY UNLAWFUL, THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, SCANDALOUS, INFLAMMATORY, PORNOGRAPHIC, OR PROFANE MATERIAL OR ANY MATERIAL THAT COULD CONSTITUTE OR ENCOURAGE CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, OR OTHERWISE VIOLATE ANY LAWS. ANTIGRAVITY® WILL FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING IT TO DISCLOSE THE IDENTITY OF ANYONE POSTING ANY SUCH INFORMATION OR MATERIALS.

8. ANY FAILURE BY ANTIGRAVITY® TO ENFORCE ANY OF ITS RIGHT UNDER THESE TERMS AND CONDITION OR UNDER APPLICABLE LAW SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHTS. IF ANY PROVISION OF THE TERMS AND CONDITIONS SHALL BE DEEMED UNLAWFUL BY A COURT OF COMPETENT JURISDICTION, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERED FROM THESE TERMS AND CONDITIONS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS HEREUNDER. THESE TERMS AND CONDITIONS CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU AND ANTIGRAVITY® RELATING TO YOUR USE OF THE ANTIGRAVITY® WEB SITE.

9. ANTIGRAVITY® MAY, AT ANY TIME, REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS.

INSTRUCTOR TRAINER AGREEMENT INCLUDING A NON-COMPETITION AND CONFIDENTIALITY PROVISION.


1. Purpose. To protect the integrity of the AntiGravity Yoga System, only individuals who meet AntiGravity’s standards may offer and teach AntiGravity Yoga. AntiGravity Yoga may only be taught at studios that have been granted a license or franchise by AntiGravity for purposes of offering AntiGravity Yoga.

2 Certification. AntiGravity agrees to provide Trainer with instruction in the AntiGravity Yoga System for purposes of becoming a certified AntiGravity Yoga instructor. The training course will teach Trainer how to properly teach AntiGravity Yoga in accordance with AntiGravity’s standards and procedures. Following successful completion of the training course, Trainer will receive “certification” indicating his or her competence and qualification to teach AntiGravity Yoga. AntiGravity will be the sole arbiter of whether Trainer successfully completed the training course and Trainer hereby acknowledges and agrees to the subjective nature of this determination.

3. Term of Certification. Certification as an AntiGravity Yoga instructor shall be for a period of one (1) year, beginning on the date of registration on the AntiGravity Fitness website (the “Certification Period”). To maintain Trainer’s Active Certification as an AntiGravity Instructor beyond the Certification Period and keep a presence on the AG website, AG Trainer must attend and satisfactorily complete a Continuing Education course offered by AntiGravity Fitness within each 12 month period.  Alternately, in lieu of attending a continuing education course, one can opt to pay an annual membership fee of $300 (.83 cents per day) to maintain  one's active status and continue access to the AntiGravity Digital Academy (AGDA).

4. Restrictions. Trainer agrees that he or she may only teach AntiGravity Yoga at a studio licensed or franchised by AntiGravity, and only during such times that he or she holds an active AntiGravity Yoga certification. Trainer recognizes that AntiGravity may offer territorial protections to studios that offer AntiGravity Yoga, which prevent AntiGravity Yoga from being taught within the studio’s licensed territory. Trainer also recognizes that AntiGravity Yoga can be dangerous if not taught using specific equipment that meets AntiGravity’s standards and specifications. As a result, Trainer agrees that without AntiGravity’s prior written consent, he or she will not teach AntiGravity Yoga at any location other than a studio licensed or franchised by AntiGravity (i) because of the potential danger of teaching AntiGravity Yoga from a studio that does not meet AntiGravity’s requirements and (ii) in order to protect the territorial rights granted to other franchised and licensed studios. Trainer agrees that he or she will teach AntiGravity Yoga only in strict accordance with AntiGravity’s teaching instructions, policies and procedures (the “Teaching Standards”). Trainer will not deviate from the Teaching Standards in any manner. Trainer understands that deviating from the Teaching Standards may present a danger to the students.

5. Intellectual Property. AntiGravity does not grant Trainer a license to use any trademarks, service marks, or other commercial symbols associated with AntiGravity Yoga (the “Marks”). Trainer understands that licenses to use the Marks are only granted to franchised or licensed studios. Accordingly, Trainer may not in any way use any of the Marks (or any variations thereof) or market or promote his or services using the Marks. Moreover, Trainer may not use any of AntiGravity’s other intellectual property (including, but not limited to, copyrights, trade secrets, training methods and techniques, and derivative works of AntiGravity Yoga) in any business or capacity other than teaching AntiGravity Yoga at a studio licensed or franchised by AntiGravity. Trainer acknowledges that he or she did not have any experience in teaching aerial Yoga prior to being trained in AntiGravity’s proprietary methods and techniques.

6. Unfair Competition. Trainer agrees not to unfairly compete with AntiGravity during the Certification Period and for two years thereafter. If Trainer fails certification training, Trainer agrees not to unfairly compete with AntiGravity for two years after completion of training. For purposes of this section, Trainer will be deemed to unfairly compete with AntiGravity if he or she has any interest (including as an owner, employee, officer, instructor, manager, operator, consultant, agent, representative or in any other capacity) in a business that is directly or indirectly engaged in offering a Yoga class that involves the use of hammocks or other suspension devices that elevate the body off of the floor or any other form of aerial Yoga (a “Competitive Business”). The restriction on unfair competition only applies with respect to a Competitive Business that is located within the “Restricted Area.” “Restricted Area” means the United States; or if the court determines the United States it too broad to be enforced, “Restricted Area” means any state in which a licensed or franchised AntiGravity Yoga studio is located; or if the court determines both of the foregoing are too broad to be enforced, “Restricted Area” means the county in which a licensed or franchised AntiGravity Yoga studio is located (whether now existing or subsequently closed); or if the court determines all of the foregoing are too broad to be enforced, “Restricted Area” means a 50 mile radius from a or licensed or franchised AntiGravity Yoga studio (whether now existing or subsequently closed, and including the gym or studio itself); or if the court determines all of the foregoing are too broad to be enforced, “Restricted Area” means a 15 mile radius from a licensed or franchised AntiGravity Yoga studio (whether now existing or subsequently closed, and including the gym or studio itself). Trainer acknowledges and agrees that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) Trainer has sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. Trainer hereby waives any right to challenge the terms of this Section as being overly broad, unreasonable or otherwise unenforceable.

7. Remedies and Miscellaneous Provisions. Trainer agrees that any violation or threatened violation of this Agreement may cause irreparable injury to AntiGravity, entitling AntiGravity to injunctive relief in addition to all other legal remedies. However, if the court refuses to enforce the provisions in Section 4 that prohibit teaching AntiGravity Yoga from an unauthorized location or the provisions in Section 6 that prohibit unfair competition, Trainer agrees to pay AntiGravity a fee of $15,000, which is the amount of the initial franchise fee that others pay for the right to use AntiGravity’s intellectual property. The $15,000 fee is paid not as a penalty, but as a reasonable estimate of the damages caused by Trainers’ breach of the referenced provisions. This Agreement shall bind and inure to the benefit of AntiGravity and Trainer and their successors and assigns. Trainer may not assign this Agreement without AntiGravity’s consent. This Agreement shall be governed by the laws of the State of New York, without reference to conflict of laws principles. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and neither party shall have any obligation, express or implied by law, with respect to trade secret or proprietary information of the other party except as set forth herein. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision. Each provision in this Agreement shall be considered severable. This Agreement may not be amended, nor any obligation waived, except by a writing signed by AntiGravity.