We will always do our best to meet your needs and expectations, but it’s important to have things written down so that we both know what’s expected of us. In this agreement we have outlined what’s expected from both parties, now and in the future for a long and happy working relationship together.
Parties
Popdance Ltd with Company Number 6854280 and whose registered office is at Popdance®, Manger House, 62A Highgate, High Street, London, N6 5HX (Popdance)
and
Dance Teacher/Fitness Instructor
Basis of Agreement
1.1 Popdance has expended time, effort and money in developing Popdance Classes and Events which are carried on under the trade name of Popdance (Trade Name).
1.2. Popdance has built up a reputation and goodwill in the Trade Name, which is associated with high standards of service. Popdance is the exclusive owner of all rights in the Trade Mark.
1.3 The Teacher wishes to acquire from Popdance the non-exclusive right and licence to operate Popdance Classes and Events and use the Trade Mark in accordance with the terms of this Agreement and POP (Popdance Online Programme).
1.4 The Teacher shall conduct Popdance Classes and Events in accordance with the terms of this Agreement and POP.
1.5 The Agreement shall commence on the date the Teacher subscribes to Popdance and shall expire when the Teacher no longer subscribes.
1.6 A dance teacher or fitness instructor has a licence to teach Popdance classes, parties and events only whilst they are a member with Popdance – which means whilst they are paying POP.
The Teacher’s Duties
2.1 To read and understand information in POP and adhere to it in all aspects of arranging, conducting and marketing of Popdance Classes and Events.
2.2. To teach Popdance Classes and Events only with a valid Popdance Licence.
2.3. To teach Popdance Kids & Tots Classes and Events only with a valid DBS Enhanced Check. To provide Popdance with a copy of a valid annual DBS Enhanced Check before the commencement of Popdance Kids or Tots Classes or Events.
2.4 To obtain a valid music licence to conduct Popdance Classes and Events if the venue for Popdance Classes and Events does not have a valid music licence.
2.5 To adhere to the terms and conditions of the venue where Popdance Classes and Popdance Events are conducted.
2.6 To make arrangements with another Popdance teacher to cover Popdance Classes or Events if the Teacher is not available. If the Teacher is unable to perform a Popdance Class or Event, the Teacher must notify Popdance customers or their parents/guardians if under the age of sixteen (Popdancers) and the venue that another teacher (Another Teacher) will attend or to cancel a Popdance Class or Event.
2.7 To keep in regular contact with Popdance.
2.8 To ensure medical conditions of Popdancers are noted and considered when conducting Popdance Classes and Events. If the Teacher has any concerns then the Popdancer should not participate in Popdance Classes or Events unless the Popdancer’s GP has provided written approval or obtain the written consent of their parent/guardian if under the age of sixteen.
The Teacher 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.
3Popdance’s Duties
3.1 To provide the Teacher with access to the Popdance Teacher website when the Teacher has subscribed to Popdance.
3.2 To provide the Teacher with their own webpage featuring what the Teacher offers and at what price. This includes an enquiry form where customers can contact the Teacher direct to book.
3.3 To advise and support the Teacher so they can make their Popdance Classes and Events a success.
3.4 To provide new routines and warm ups via POP (the Popdance Online Programme).
3.5 To update the Popdance website on a regular basis with news and information.
3.6 To market the Popdance brand via various media formats.
4Fees
4.1 The Teacher shall pay Popdance a subscription of £25 per month.
4.2 The Teacher may cancel this subscription at anytime.
4.3 If the Teacher cancels the subscription to the Popdance Online Programme (POP) then their licence will be revoked, their access to POP will be cut and their webpage will be taken down.
4.4 If a payment is missed then POP access will be revoked immediately. Or if the Teacher wants to take a break and return at a later date, they may have to pay an Initial Licence Fee and the Monthly Subscription at the rate then advertised on the Popdance website. If the Teacher remains with Popdance continuously then their fees will not rise.
5Status of the Teacher
5.1 The Teacher is engaged as an independent contractor and nothing in this Agreement will constitute any relationship of employer and employee, principal and agent, or partnership between the parties.
6Intellectual Property
6.1 The Teacher hereby assigns to Popdance 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 Teacher agrees promptly to execute all documents and do all acts as may, in the opinion of Popdance, be necessary to give effect to this clause.
6.2 The Teacher hereby irrevocably waives all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which the Teacher has or will have in any existing or future works.
6.3 Popdance 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.
6.4 The Teacher acknowledges all Popdance routines, ideas, materials and literature are the Intellectual Property of Popdance.
6.5 The Teacher shall not use the Intellectual Property other than as specifically permitted by this Agreement.
7Insurance and Liability
7.1 Popdance shall not be liable for any loss or damage suffered by the Teacher, Popdancers or any third parties arising from the performance of this Agreement.
7.2 It is the Teacher’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 Popdance may, in its absolute discretion, specify.
7.3 The Teacher shall not breach, or allow any breach of, such a policy.
7.4 The Teacher shall provide Popdance with copies of all such policies and renewals.
8Termination
8.1 Popdance may terminate this Agreement and block Teacher Access codes to the Popdance Teacher websites with immediate effect without prejudice to any of its rights or remedies, by giving written notice to the Teacher if:
8.1.1 the Teacher fails to pay any amount due under this agreement on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment;
8.1.2 the Teacher 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 the Teacher repeatedly breaches any of the terms of this Agreement in such a manner that in Popdance’s opinion the Teacher’s conduct is inconsistent with having the intention or ability to give effect to the terms of this Agreement; or
8.1.4 persistent complaints should continue to be made to Popdance about the quality of the service provided by the Teacher and the Teacher, having received notice of such complaints, fails to improve such service to the satisfaction of Popdance.
9Consequences of Termination
On termination or expiry of this Agreement for any reason, the Teacher shall:
9.1.1 immediately stop using the Intellectual Property, including the Popdance Trade Mark;
9.1.2 cease to conduct Popdance Classes and Events;
9.1.3 not hold the Teacher out as a licensee of Popdance or do anything that may indicate any relationship between the parties.
10 Non-exclusivity
10.1 The Teacher is entitled to work on his/her own account or in partnership or association with or as an employee or independent contractor of any other person outside the periods required to perform the obligations of this Agreement subject to clause 11.
10.2 The Teacher will bear exclusive responsibility, and will indemnify Popdance, for the payment of national insurance contributions and any tax liability arising from the Teacher’s and/or Another Teacher’s performance of this Agreement.
11 Competing with Popdance
11.1 The Teacher will not at any time whilst working under this Agreement or for a period of 6 months after the expiry or termination of this Agreement:
11.1.1 attempt to solicit or entice away a Popdancer with a view to providing exercise or dance classes to that Popdancer in competition with Popdance within a two mile radius from where the Teacher held Popdance Classes;
11.1.2 Subject to clause 2.6, offer to employ or engage or otherwise endeavour to entice away from Popdance any other teacher who contracts with Popdance within a two mile radius from where the Teacher held Popdance Classes or Events; or
11.1.3 be involved in any capacity with any business concern which is or intends
to be in competition with Popdance within a two mile radius from where the Teacher held Popdance Classes or Events.
11.2 Each of the restrictions in this clause 11 is intended to be separate and severable. If any of the restrictions shall be held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective.
12Indemnity
12.1 The Teacher shall indemnify Popdance against all liabilities, costs, expenses, damages and losses including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses suffered or incurred by Popdance arising out of or in connection with the Teacher’s or Another Teacher’s breach or negligent performance or non-performance of this Agreement.
13Variation
13.1 No variation of this agreement or of any document referred to in it shall be effective unless it is in writing and signed by the parties.
14Waiver
14.1 No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute 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.
15Governing Law and Jurisdiction
This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation including non-contractual disputes or claims, shall be governed by and construed in accordance with the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this agreement or its subject matter or formation including non-contractual disputes or claims.
16Miscellaneous
16.1 This Agreement and the Popdance Teacher 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.
17Interpretation
Intellectual Property: patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may, now or in the future, subsist in any part of the world relating to the Popdance Classes and Events.
Events: any activity that advertises, markets, promotes or uses the Trade Name.
Trade Mark: Popdance – Registration Number 2548897
Licence Agreement Code PD TM 160516subscription.
This Agreement has been entered into on the date the Teacher subscribed to Popdance.
Popdance Licence Agreement