CHEK Academy Learning Agreement

This agreement is made between CHEK Institute LLC (North America), CHEK Europe Ltd (Europe) and CHEK Institute Australia Pty (South Pacific) - (PROVIDER) and the individual agreeing to these terms and conditions (STUDENT).

The STUDENT has applied to and been accepted onto CHEK Academy commencing April 1st, 2023. This agreement covers the period from April 1, 2023 until March 30th, 2026 for year 1 applicants, April 30th, 2025 for year 2 applicants and April 30th, 2024 Year 3.

Year 1 students will have the option to postpone for a one-year period either at April 30th, 2024 or April 30th, 2025, only one period on postponement is allowed during the 3 year academy period.

Year 2 students will have the option to postpone for a one-year period either at April 30th, 2024 only.

Year 3 student must complete the full 12 month term.

PROVIDER and STUDENT agree to the following:

1. Home Study

The PROVIDER will issue access to all eLearning courses and online workshops delivered via the CHEK Academy Portal, books, DVDs and electronic download codes as specified in the CHEK Academic Plan within ten working days of the first of the month, providing the monthly fee has been received on the first of the month.

The STUDENT will complete all eLearning course exams online by the deadline date specified within the academic plan and on request submit a copy of their certificate of completion to the Education Department ([email protected]) at the CHEK Institute.

If the STUDENT misses this deadline, they may incur an additional rush grade fee, or may even be forced to transfer out of the advanced training program to which the correspondence course relates. If the pre-requisite courses are not completed 45 days prior to the live course start date, the transfer fee policy will be applied.

Please see Sections 4, 5 and 6 for the full transfer and refund policy.

The STUDENT agrees to complete online exams for the following pre-requisite courses by the dates specified in the academic plan.

2. Advanced Training Programs (ATP)

The PROVIDER will communicate planned dates of all live classes for 2024 no later than June 15, 2023 and the live class will be confirmed no later than 90 days before the start date for each class. Students are advised not to book travel prior to receiving this email confirmation.

If the STUDENT cannot attend any of the scheduled advanced training program scheduled as part of their academy plan, they are required to advise the Education Department ([email protected]) by June 30th, 2023. Any transfer requests after this date will be subject to the transfer fee policy.

Please see Section 4 for further details of the transfer policy.

The STUDENT will be advised of the exact date and general location of the live advanced training program they are registered on no later than June 15, 2023. If for any reason after this date, an ATP cannot be run on these dates, then the STUDENT will be consulted and a mutually agreed upon alternative date will be arranged.

In order to attend the advanced training programs, the STUDENT must have made all monthly payments as agreed upon prior to date of class.

3. CHEK Academy Portal Online Workshops and Group Mentor Calls

The STUDENT is required to complete all online workshops in the month specified in the academic plan, including completion of quizzes.

The PROVIDER will schedule group mentor calls in the month specified in the academic plan, issuing joining instructions 14 days in advance.


4. Transfer Policy

If the STUDENT is unable to attend any of the advanced training programs listed in Section 2 of this agreement, they will be provided with the following four options:

• The STUDENT may decide to attend another CHEK Institute advanced training program at a later date and location. The STUDENT must complete a Request for Transfer form, complete a new registration form, sign a new Terms and Conditions form, and pay the applicable transfer fee, which is due immediately.

• The STUDENT may transfer their enrollment to a third party. Neither the CHEK Institute, CHEK Europe nor CHEK Institute Australia is responsible for and will not be involved in third party transactions; this is the responsibility of the STUDENT. Either the CHEK Institute (for courses held in the USA and Canada), CHEK Europe (for courses held in Europe) or CHEK Institute Australia (for courses held in Australia and New Zealand) must be notified in writing, the original STUDENT must complete a Request for Transfer form and the new student must select an ATP date and location, complete a Registration Form and sign a new Terms and Conditions form to officially transfer the enrollment.

• The STUDENT may transfer out of the enrolled ATP and keep the remaining tuition balance, minus the applicable transfer fee and minus a deduction for any free products received with the registration (calculated at the normal retail price of such products), as CHEK Institute Credit for use within one calendar year from the date of transfer. The CHEK Institute Credit may then be used to purchase products and/or educational materials or to register for advanced training programs.

• The STUDENT may request a refund according to the Refund Policy outlined in Section 6. Note that if the transfer is requested 60 days or less before the start date of the ATP, this option is not available.


5. Transfer Fees

All transfers are subject to the following transfer fees:

• Fee for transfers out of the CHEK Integrated Movement Science Level 1, 2 & 3 Programs & CHEK Holistic Lifestyle Level 2 Program 61 days or more before the first day of the original program: US$624.25, GBP£486.25, AUD$710.00

•Fee for transfers out of the CHEK Integrated Movement Science Level 1, 2 & 3 Programs & CHEK Holistic Lifestyle Level 2 Program 60 days or less before the first day of the program: US$1,248.50, GBP£972.50, AUD$1,420.00

•Fee for transfers out of the CHEK Integrated Movement Science Level 4 Program & CHEK Holistic Lifestyle Level 3 Program 61 days or more before the first day of the original program: US$1,036.75, GBP£781.25.

•Fee for transfers out of the CHEK Integrated Movement Science Level 4 Program & CHEK Holistic Lifestyle Level 3 Program 60 days or less before the first day of the program: US$2,073.50, GBP£1,562.50.


If you wish to transfer to an earlier course date, please complete the transfer form online - http://chekinstitute.com/atp-forms/transfer/. You will be contacted by the CHEK Institute with information on space availability and the applicable transfer fees.

6. Refund Policy

All sales of downloadable digital material, eBooks, PDF document, MP3 Audio, and Webinar/Teleseminar products and/or any combination of these products are FINAL. NO REFUND WILL BE GIVEN ON THESE TYPES OF PRODUCTS. It is our policy, and the policy of most other companies, not to offer refunds on these types of products since we cannot guarantee the discontinuation of their use after the refund. If you are having any problems with accessing or downloading your purchase, please contact us for assistance – we are glad to help!

Web-based courses and lessons are eligible for a refund within 30 days of purchase if the course or class has NOT been more than 10% completed.

If the STUDENT decides not to attend the advanced training programs listed in Section 2 of this agreement, they must notify the CHEK Institute (for courses held in the USA or Canada), CHEK Europe (for courses held in Europe) or CHEK Institute Australia (for courses held in Australia or New Zealand) in writing, in order to officially withdraw from the program and request a refund. Tuition refunds will be based on the date of official withdrawal. The official withdrawal date is the date that the CHEK Institute receives the written request for a refund. All refunds must be approved by the CHEK Institute, CHEK Europe or CHEK Institute Australia before being processed by the Accounting Department. Refunds will be processed within 30 days of the approval according to the following schedule:

• Withdrawals received within 10 days of the original registration receive 95% refund of total tuition paid to date minus any applicable transfer fees and deductions for free products, unless the original registration is received 60 days or less prior to the course start date in which case there is no refund and the balance paid, minus any applicable transfer fees and deductions for free products, may be retained as credit with the CHEK Institute (for courses held in the USA or Canada), CHEK Europe (for courses held in Europe) or CHEK Institute Australia (for courses held in Australia or New Zealand). Credit must be used within one calendar year from date of withdrawal. CHEK Institute Credit may be used to purchase products and/or educational materials or to register for Advanced Training Programs.

• Withdrawals received within 60 days of the original registration receive 50% refund of the total tuition paid to date minus any applicable transfer fees and deductions for free products, unless the original registration is received 60 days or less prior to the course start date in which case there is no refund and the balance paid, minus any applicable transfer fees and deductions for free products, may be retained as credit with the CHEK Institute (for courses held in the USA or Canada), CHEK Europe (for courses held in Europe) or CHEK Institute Australia (for courses held in Australia or New Zealand). Credit must be used within one calendar year from date of withdrawal. CHEK Institute Credit may be used to purchase products or educational materials or to register for Advanced Training Programs.

• Withdrawals received 61 days or more after the original registration receive NO refund of any tuition paid to date. The balance remaining, minus any applicable transfer fees and deductions for free products is a credit with the CHEK Institute (for courses held in the USA or Canada), CHEK Europe (for courses held in Europe) or CHEK Institute Australia (for courses held in Australia or New Zealand). Credit must be used within one calendar year from date of withdrawal. CHEK Institute Credit may be used to purchase products and/or educational materials or to register for Advanced Training Programs.

If the student received any free product with their registration and subsequently requests a refund of the tuition, the normal retail price of such product(s) will be deducted from the amount of tuition paid to date, then the remaining balance will be used to calculate the amount of the refund.


7. Course Cancellation

The PROVIDER reserves the right to cancel an event at our discretion. In the event of course cancellation by the CHEK Institute (for courses held in the USA or Canada), CHEK Europe (for courses held in Europe) or CHEK Institute Australia (for courses held in Australia or New Zealand), 100% of the tuition will be eligible for refund, the student may transfer to another program without incurring a transfer fee, or the full amount of tuition paid may be kept with the CHEK Institute (for courses held in the USA or Canada), CHEK Europe (for courses held in Europe) or CHEK Institute Australia (for courses held in Australia or New Zealand) as CHEK Institute Credit for the purchase of products and/or educational materials or to register for Advanced Training Programs.

If a course is cancelled or postponed due to an Act of God, including but not limited to war, earthquakes, terrorism, natural disasters, COVID-19 outbreak, the CHEK Institute, CHEK Europe or CHEK Institute Australia reserves the right to offer students who are registered for the affected event, a place in a similar event or CHEK Institute Credit equal to the amount of the tuition paid which the student may use for the purchase of products and/or educational materials or to register for Advanced Training Programs. Tuition will not be refunded.

8. Payment Schedule

By signing below, the STUDENT agrees to pay monthly recurring payments commencing April 1, 2022, of the amount noted on the form.

Completing this Learning Agreement and providing an e-signature indicates you have read and understood the above Terms and Conditions and agree to abide by them.

Note: Pursuant to the Electronic signatures in Global and National Commerce Act (“E-Signature Act”), enacted by Congress on June 30th, 2000, e-signatures are legally binding in the court of law.

I understand that I may choose to view the Program and not to physically participate. Moreover, I agree that neither does the CHEK Institute LLC, CHEK Europe LTD, CHEK Institute Australia Pty Ltd, nor Paul Chek, nor any of the owners or Directors accept financial or legal liability for any injury or occurrences arising from the Program, and therefore that my participation in the Program is at my own risk.

By signing my name below, I certify that, in consideration of the opportunity to physically participate in the Program:

1. I hereby assume all risks associated with the Program and do hereby fully and forever waive any and all rights I may now have or in the future acquire against the CHEK Institute LLC and/or CHEK Europe LTD and/or CHEK Institute Australia Pty Ltd, and/or the CHEK Institute’s, CHEK Europe's or CHEK Institute Australia Pty Ltd employees, instructors, officers, directors, shareholders, agents, contractors, successors and all individual and affiliated members thereof, and do hereby fully and forever release, discharge and hold the CHEK Institute LLC and/or CHEK Europe LTD and/or CHEK Institute Australia Pty Ltd, and/or the CHEK Institute’s, CHEK Europe's or CHEK Institute Australia's employees, instructors, officers, directors, shareholders, agents, contractors, successors and all individual and affiliated members thereof, harmless from and against any and all losses, damages, rights, claims, demands, liabilities, obligations, responsibilities, suits, actions or causes of action, whether liquidated or unliquidated, fixed or contingent, known and unknown, of any kind in connection or in any way associated with the Program, including without limitation, personal injury, illness death, property damage, or any other claim which I now have or may hereafter have in connection with the Program.

2. I hereby agree that this waiver and release shall be binding upon my heirs, assigns and successors in interest and shall run in favor of the CHEK Institute LLC, CHEK Europe LTD, CHEK Institute Australia Pty Ltd and their agents, instructors, employees, contractors, successors and affiliated entities.

3. I hereby certify that I am in good physical condition, and have no medical, mental, psychological or physiological illness or other health problems.

4. I agree that if I am not able to fully participate due to physical or mental health limitations and decide to attend the Program, that I will notify CHEK Institute LLC and/or CHEK Europe LTD and/or CHEK Institute Australia Pty Ltd, employees, instructors, and any other parties affiliated with my Program, of my limitation(s) prior to the start date. I also agree that I am responsible for making necessary modifications to any portion of the program to aid with my limitation(s), which includes but is not limited to exercises, stretches, weight lifting, reading, writing, and/or speaking, so as to not further limit my physical or mental capabilities or cause injury.

5. This Waiver shall be construed in accordance with the laws of the State of California, without regard for choice of law provisions.

6. I acknowledge that this Waiver is the complete and exclusive statement of the CHEK Institute and my agreement with respect to the subject matter of the Waiver.

7. I waive any right to make a claim against or sue the CHEK Institute and/or CHEK Europe LTD and/or CHEK Institute Australia Pty Ltd and/or the CHEK Institute’s, CHEK Europe's or CHEK Institute Australia's employees, instructors, officers, directors, shareholders, agents, contractors, successors and all individual and affiliated members thereof, for any acts of negligence, omission, inadvertence or other acts howsoever caused by the CHEK Institute in connection with the Program.

Licensing Agreement for students completing the:

CHEK Integrated Movement Science Training Program
CHEK Golf Performance Specialist Program
CHEK Tennis Conditioning Specialist Program
or the
CHEK Holistic Lifestyle Coaching Program

This Advanced Training Program and Licensing Agreement (the “Agreement”) is made by and between the CHEK Institute and Paul Chek (hereinafter “CHEK” or “THE CHEK INSTITUTE”) whose principal place of business is 3145 Tiger Run Court, Suite 101, Carlsbad, CA 92010, and the individual whose name, address and signature appear below, (hereinafter “STUDENT”).

RECITALS

WHEREAS THE CHEK INSTITUTE has developed a specialized series of educational courses, videos, teaching materials, textbooks and tests within the field of corrective exercise, sports performance, nutrition, lifestyle and wellness consulting including but not limited to the CHEK Integrated Movement Science Program, the CHEK Golf Performance Specialist Program, the CHEK Tennis Conditioning Specialist Program and the Holistic Lifestyle Coaching Program; and

WHEREAS THE CHEK INSTITUTE is willing to instruct professionals in the field of exercise, sports performance, nutrition, lifestyle health and wellness in the fundamentals and use of CHEK’s specialized methods, utilizing THE CHEK INSTITUTE’s proprietary Program Materials in unique curriculum and Advanced Training Programs (hereafter the “CHEK Institute Advanced Training Programs” or “Advanced Training Programs”);
and

WHEREAS, the STUDENT identified herein is desirous of learning CHEK’s unique methods for corrective exercise, sports performance, nutrition, lifestyle and wellness consulting solely for the purpose of helping their clients and therefore is desirous of participating in one or more of the CHEK INSTITUTE Advanced Training Programs;

NOW THEREFORE; THE CHEK INSTITUTE hereby agrees to accept STUDENT into one or more of its Advanced Training Programs and hereby sets forth the terms under which STUDENT may utilize CHEK Program Material received as a participant in one or more of the Advanced Training Programs and identify himself or herself as a CHEK Practitioner, CHEK Golf Performance Specialist, CHEK Tennis Conditioning Specialist or Licensed CHEK Professional, as appropriate.

1. DEFINITIONS

The CHEK INSTITUTE Advanced Training Programs are course curriculum and programs in the field of corrective exercise, sports performance, nutrition, lifestyle and wellness consulting specifically designed by Paul Chek and others for the CHEK INSTITUTE Advanced Training Programs. These Advanced Training Programs may include course instruction and supervision utilizing various materials, including but not limited to THE CHEK INSTITUTE manuals, THE CHEK INSTITUTE notebooks, videos, student materials, course tests and student notebooks (hereafter “Program Materials”). CHEK INSTITUTE reserves the right in its sole discretion to continuously revise, change, add to, or subtract from the Program Materials.

2. STUDENT FEES

As consideration for the opportunity to attend one or more of these Advanced Training Programs, including the license to use the Program Materials to assist clients as set forth below, STUDENT agrees to pay to THE CHEK INSTITUTE for each level of the Advanced Training Program they wish to attend. Amounts of future levels and programs are subject to change at CHEK’s sole discretion.

3. STUDENT OBLIGATIONS

STUDENT hereby agrees to the following terms and conditions:

(a) STUDENT shall comply with and satisfy all educational and professional standards as set forth in Attachments A and B to the sole satisfaction of representatives of the CHEK INSTITUTE.

(b) STUDENT acknowledges that he or she may not promote themselves as a CHEK Practitioner, Licensed CHEK Professional, CHEK Golf Performance Specialist or CHEK Tennis Conditioning Specialist unless and until they have successfully completed to CHEK’s sole satisfaction all requirements of the appropriate Advanced Training Program, including all required exams and any other Advanced Training Program requirements.

(c) STUDENT agrees that their intention for attending the CHEK INSTITUTE Advanced Training Program is for the purpose of assisting his or her clients with corrective exercise, sports performance, nutrition, lifestyle and wellness consulting.

(d) STUDENT understands and agrees that he or she may not use the information from the Advanced Training Programs or any Program Materials to teach or instruct other students in corrective high-performance exercise kinesiology or exercise, sports performance, nutrition, lifestyle and wellness consulting without express written permission from CHEK. Such permission may be obtained only by submission of the CHEK Institute Permission to Use Material Forms, Attachment F and Attachment G.

i. When you must request permission, “Generally, you must obtain a copyright permission whenever (1) you use a substantial or material portion of a copyright work, or (2) you use any portion of it that might harm the market for the original. Under the law of fair use, an author may—without permission-use short direct quotations from a work, provided it is for the purpose of criticism, comment, news reporting, scholarship, or research. Unfortunately, there are no mechanical rules to define what is fair use and what is foul use. Using even a very short but important passage from a larger work may constitute infringement. Moreover, highly creative works-such as fiction, fanciful prose, poems, song lyrics, and photographs and other visual works—are not, as a rule, friendly to fair use interpretations.” Jassin,Lloyd J., Steven C. Schechter. The Copyright Permission and Libel Handbook. New York, NY: John Wiley & Sons, Inc., 1998.

ii. What is copyright infringement?
Copyright infringement is not the failure to give someone proper credit (that’s plagiarism). You can plagiarize in the public domain by passing it off as your own work (see Attachment D, V. Plagiarism). Copyright infringement is an unlawful appropriation-or unauthorized reproduction-of material protected by copyright. A copyright infringer is anyone who, without permission, exercises any of the exclusive rights granted to authors under the Copyright Act. “Copying can be inferred if the defendant has an opportunity to view the copyright owner’s manual, and if there is substantial similarity between the two works that cannot be explained by mere coincidence.” Jassin,Lloyd J., Steven C. Schechter. The Copyright Permission and Libel Handbook. New York, NY: John Wiley & Sons, Inc., 1998.

4. CHEK INSTITUTE ADVANCED TRAINING PROGRAM MATERIALS

The CHEK Institute Advanced Training Program Materials, including all textbooks, videos, tests, student materials, THE CHEK INSTITUTE Manuals, graphs, audiovisual exhibits, overheads and slides, and any other materials of any type or media presented as part of the Advanced Training Programs, are the exclusive intellectual property of THE CHEK INSTITUTE. Except for the limited license expressly set forth in Paragraph 8 below, the CHEK Advanced Training Program does not confer on STUDENT any right to use any trademark, trade name, trade dress, service mark, copyright, logo, symbol, or other intellectual property of THE CHEK INSTITUTE (hereinafter “CHEK Institute Intellectual Property”). All CHEK Institute Intellectual Property shall remain the property of THE CHEK INSTITUTE. Any use by STUDENT of CHEK Institute Intellectual Property under this Agreement shall inure solely to the benefit of THE CHEK INSTITUTE. The CHEK Institute Advanced Training Programs and all Programs and Materials developed hereunder, and all copies thereof, are proprietary to THE CHEK INSTITUTE and all right, title and interest thereto remains with THE CHEK INSTITUTE. STUDENT agrees not to sell, transfer or publish any portion of the CHEK Advanced Training Programs.

5. WHAT THE CHEK INSTITUTE AGREES TO DO

THE CHEK INSTITUTE hereby warrants and represents to STUDENT as follows:

(a) CHEK INSTITUTE is the owner of the Advanced Training Programs and all components thereto.

(b) THE CHEK INSTITUTE has designed the Advanced Training Programs to provide training in corrective exercise, sports performance, nutrition, lifestyle and wellness consulting.

(c) THE CHEK INSTITUTE agrees that it shall periodically monitor STUDENT’s progress against the Advanced Training Program requirements of the CHEK INSTITUTE Advanced Training Programs to ensure that upon successful completion of each level of the program STUDENT shall have achieved a high level of competency, integrity and efficiency as appropriate for that level.

(d) THE CHEK INSTITUTE, upon execution of this Agreement, shall provide STUDENT with one digital copy of the appropriate Advanced Training Program Notebook and Program Materials for the appropriate Advanced Training Program level(s) paid for and offered under this Agreement. The Program Materials may be retained by the STUDENT and may be used solely for the purpose of assisting clients with corrective exercise, sports performance, nutrition, lifestyle and wellness consulting commensurate with this Agreement.

6. QUALITY ASSURANCE REVIEWS

THE CHEK INSTITUTE reserves the right to inspect, review and/or monitor any client consultation by STUDENT at any time. In return for the right to identify himself or herself as a Licensed CHEK Professional, CHEK Practitioner, CHEK Golf Performance Specialist, or CHEK Tennis Conditioning Specialist, STUDENT agrees to allow a CHEK Quality Assessment Reviewer to observe any client session in which THE CHEK INSTITUTE Program Materials are utilized. The STUDENT will receive thirty (30) days prior notice of any such Quality Assessment Review.

7. PROMOTIONAL AND CHEK INSTITUTE LOGO USE GUIDELINES

Subject to the license provided at Paragraph 8 herein, and upon successful completion of any CHEK INSTITUTE Advanced Training Program at any given level, STUDENT may promote himself or herself as a Licensed CHEK Professional, CHEK Practitioner, CHEK Golf Golf Performance Specialist, or CHEK Tennis Conditioning Specialist at the level completed, and may use the appropriate logo for such promotion. STUDENT further agrees to follow all guidelines listed in Attachments B and C. In addition, STUDENT agrees to properly acknowledge, cite and reference CHEK Institute Program Materials according to the Reference Guidelines and How to Reference set forth in Attachments D and E.

8. LICENSE GRANT

Upon the successful completion of a specified Program level, CHEK and THE CHEK INSTITUTE hereby grant to STUDENT the non-exclusive right and license to use the appropriate Program Materials for that level. Such Program Materials may be used solely for the purpose of assisting STUDENT’s clients with corrective exercise, sports performance, nutrition, lifestyle and wellness consulting commensurate with this Agreement. CHEK and THE CHEK INSTITUTE hereby further grant to STUDENT the non-exclusive right to identify himself or herself as a Licensed CHEK Professional, CHEK Practitioner, CHEK Golf Performance Specialist, or CHEK Tennis Conditioning Specialist as appropriate, and use the corresponding identified logo and trademark consistent with the guidelines set forth in Attachment C attached hereto.

9. CITATIONS AND REFERENCES

STUDENT agrees to properly cite any reference to the CHEK Institute Program Materials using the guidelines in Attachments D and E, Reference Guidelines and How to Reference.

10. TERMINATION

This Agreement will continue as long as the STUDENT remains in good standing by adhering to all of the terms, conditions and obligations set forth in this Agreement. THE CHEK INSTITUTE reserves the right to terminate this Agreement in the event STUDENT fails to satisfy any of the terms and conditions of this Agreement. In the event of the termination by THE CHEK INSTITUTE for such failure by STUDENT to satisfy the terms and conditions of this Agreement, STUDENT agrees that THE CHEK INSTITUTE shall not be liable for any direct or consequential damages as a result of such termination.

11. INDEMNITY

STUDENT agrees to hold THE CHEK INSTITUTE harmless from and defend against all liability, claims and demands on account of damage of any kind whatsoever, which arises out of or is in any manner connected with, or is claimed to arise out of or be in any manner connected with the performance of this Agreement.

12. LIMITED LIABILITY

CHEK SHALL NOT BE LIABLE TO STUDENT OR TO ANY THIRD-PARTIES FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR BENEFITS OF USE, EVEN IF STUDENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT WILL CHEK’S LIABILITY TO STUDENT, REGARDLESS OF THE FORM OR CLAIM OR ACTION, EXCEED A SUM EQUAL TO THE AMOUNTS PAID FOR THE PROGRAM UNDER THIS AGREEMENT. THIS LIMITATION IS CUMULATIVE FOR ALL AMOUNT PAID TO CHEK FOR CLAIMS OR DAMAGES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT.

13. ASSIGNMENT OF AGREEMENT

STUDENT may not assign the rights or delegate the duties created by this Agreement in whole or in part to any person or entity. Any attempt to do so shall result in the immediate termination of the Agreement.

14. SEVERABILITY

Should any provision of the Agreement be determined to be invalid or unenforceable, such determination shall not affect any or all of the other terms or provisions of this Agreement which shall continue in full force and effect.

15. INDEPENDENT STATUS

The parties hereto are and shall remain independent contractors in all respects. This Agreement does not constitute and shall not be construed as creating a partnership, joint venture or an employee-employer relationship.

16. NO WAIVER

The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any other right hereunder.

17. NOTICE

All notices required or permitted to be given by one party to the other under this Agreement shall be sufficient if sent by certified mail or equivalent to the parties at the respective addresses set below, or to such other address as the party to receive the notice has designated.

18. CHOICE OF FORUM/GOVERNING LAW

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California. Any dispute arising under this Agreement may be brought only in a court of competent jurisdiction in San Diego County, California.

19. COMPLETE AGREEMENT

This Agreement sets forth the entire understandings of the parties as to the subject matter and may not be modified except when executed in writing by both parties.

20. SIGNATURES

The parties have signed this Agreement on the date(s) indicated in the fields below this form.

Attachment A
THE CHEK INSTITUTE CODE OF ETHICS

As a student or graduate of one or more of the CHEK Institute’s Advanced Training Programs, I will uphold the standard of care and professionalism demonstrated to me by Paul Chek and the CHEK Institute Faculty. In addition, I promise to:

1. Adhere to all assessment, training and coaching guidelines set forth by the CHEK Institute.
2. Maintain the confidentiality of all client records.
3. Maintain a professional and ethical attitude towards all fellow professionals and peers when acting in the role of a Licensed CHEK Professional.
4. Maintain the integrity and copyright of all proprietary CHEK Institute materials.
5. Show respect for all professionals by properly referencing their work both orally and in writing.
6. Comply with all applicable business, employment and copyright laws.
7. Provide equal and fair treatment to all clients.
8. Maintain a drug and alcohol free working environment.

Attachment B
CHEK Institute Policies and Procedures for CHEK Institute Advanced Training Program Students and Graduates

I. Operational Guidelines and Procedures:

These guidelines will ensure quality care and service is given to all clients of Licensed CHEK Professionals, CHEK Practitioners, CHEK Golf Performance Specialists, and CHEK Tennis Conditioning Specialists.

A.Client guidelines:

1. All calls should be returned within 24 hours of receiving the call or an answering service must be available to tell the customer when their call will be returned.
2. All clients will be treated with respect both physically and mentally.
3. All client records, both written and verbal, must be kept confidential.
4. All appointments with clients must be kept or rescheduled by contacting the client prior to appointment.

B. CHEK Institute guidelines:

1. The CHEK Institute will not tolerate Students, Licensed CHEK Professionals, CHEK Practitioners, CHEK Golf Performance Specialists, or CHEK Tennis Conditioning Specialists who slander or defame their peers or clients. Such conduct may result in revocation of Advanced Training Programs by THE CHEK INSTITUTE.
2. Anyone representing the CHEK Institute must wear the designated uniform at the time of representation.
3. All Licensed CHEK Professionals, CHEK Practitioners, CHEK Golf Performance Specialists, and CHEK Tennis Conditioning Specialists must carry liability insurance.

Attachment C
Marketing and Logo Usage Guidelines for CHEK Institute Advanced Training Program Students and Graduates

Marketing Guidelines:

These guidelines are intended to ensure correct use of the CHEK Institute material and to maintain the integrity and image of all the Advanced Training Programs of the CHEK Institute.

The CHEK Institute Corporate Logo

1. The CHEK Institute corporate logo cannot be used by any student at any time.
2. The corporate logo is strictly for official CHEK Institute use only.

The Licensed CHEK Professional Logo

1. All Students who successfully complete only the CHEK Integrated Movement Science Level 1 Training Program or the Holistic Lifestyle Coaching Level 1 Training Program may use the Licensed CHEK Professional logo.

The CHEK Golf Performance Specialist Logo

1. All Students who successfully complete the CHEK Golf Performance Specialist Program may use the CHEK Golf Performance Specialist logo.

The CHEK Practitioner Logo (Must show completion level)

1. All Practitioners who successfully complete at least one level of the CHEK Integrated Movement Science Training Program and CHEK Holistic Lifestyle Coaching Training Program may use the CHEK Practitioner logo.
2. The Practitioner must include the Level below the logo on promotional and marketing materials, excluding clothing.

The CHEK Tennis Conditioning Specialist Logo

1. All Students who successfully complete the CHEK Tennis Conditioning Specialist Program may use the CHEK Tennis Conditioning Specialist logo.

Guidelines for Usage of the Licensed CHEK Professional, CHEK Practitioner, CHEK Golf Performance Specialist, and CHEK Tennis Conditioning Specialist Logos

1. The assigned logo may be used on such things as:
• Business cards, postcard
• Letterhead, flyers, brochures, newsletters
• Promotional materials including a biography of the Licensed CHEK Professional or CHEK Practitioner
• Professional clothing

2. When using the logo in a biography, the logo must be within one inch of the actual biography text on the same page within the same border.

3. All promotional materials (excluding clothing) must clearly denote your status as a CHEK Practitioner. e.g.:

• CHEK Golf Performance Specialist
• CHEK Tennis Conditioning Specialist
• CHEK Practitioner Level 1
• CHEK Practitioner Level 2
• CHEK Practitioner Level 3
• CHEK Practitioner Level 4
• Master CHEK Practitioner

This allows for consistency and branding of the CHEK Institute Advanced Training Program titles.

4. When the logo is used on professional clothing, it must be at least 4 cm or 1.75” in diameter.

5. The Licensed CHEK Professional, CHEK Practitioner, CHEK Golf Performance Specialist, and/or CHEK Tennis Conditioning Specialist logos may not be used on any materials that promote competing items including but not limited to: Advanced Training Programs, correspondence courses, manuals, videos, web pages, etc.

6. The Licensed CHEK Professional, CHEK Practitioner, CHEK Golf Performance Specialist, and/or Tennis Conditioning Specialist logos may not be used to imply endorsement by the CHEK Institute of any product or services without written permission.

7. The Licensed CHEK Professional, CHEK Practitioner, CHEK Golf Performance Specialist, and/or Tennis Conditioning Specialist logos may not be placed on certificates of any kind.

Attachment D
Reference Guidelines for CHEK Institute Advanced Training Program Students and Graduates

I. Permission to Use Material

Written permission must be obtained from THE CHEK INSTITUTE before any Program Material, including, but not limited to any course material, manuals, books, videos, articles written by Paul Chek or produced by THE CHEK INSTITUTE may be used or produced for your individual use or monetary gain.

II. Request for Permission

Attachment F is the “Request for Permission to Reprint” form to be used in order to obtain permission to reprint any material from the CHEK Institute or Paul Chek.
Attachment G is the “Request for Permission to Use Material in a Presentation” form to be used in order to obtain permission to use any material from THE CHEK INSTITUTE, or Paul Chek in a presentation that you wish to give, whether live, broadcast or recorded on type of media. Absent written authorization by Paul Chek or THE CHEK INSTITUTE permission is not authorized.

III. Right of Publicity

A. Jonathan Kirsch states, “As a general proposition, the use of a name or likeness of an individual in a work that touches upon a matter of public interest or public concern is unlikely to be a violation of the right of publicity. Thus, for example, it is permissible (and commonplace) to write an “unauthorized” biography of a public figure without violating his right of publicity - but it probably is a violation to falsely claim, whether openly or by implication, that the public figure has endorsed the book” (Ref. 2 p.161).
B. In simple words, you may not make any implications that Paul Chek has endorsed your work with written “authorization” from THE CHEK INSTITUTE or Paul Chek. Authorization means you have express written permission to use the specific material requested.

IV. Documenting Sources

To quote Joseph Gibaldi, “You must document everything that you borrow – not only direct quotations and paraphrases but also information and ideas”. He also states that, “you must indicate the source of any appropriate material that readers might otherwise mistake for your own. If you have any doubt about whether or not you are committing plagiarism, cite your course or sources” (Ref. p.129). (See citation below.)

V. Plagiarism

The word plagiarism comes from the Latin word plagiarius, that is kidnapper. Joseph Gibaldi suggests that “plagiarism refers to a form of cheating that has been defined as “the false assumption of authorship: the wrongful act of taking the product of another person’s mind, and presenting it as one’s own” (Alexander Lindey, Plagiarism and Originality [New York: Harper, 1952] 2). To use another person’s ideas or expressions in your writing without acknowledging the source is to plagiarize” (Ref.
1 p.26).

VI. Copyright/Author’s Idea

A. When any documentation includes a copyright notice (© immediately followed by the name of the copyright owner and date of publication), you must properly reference that piece of work. Failure to do so may lead to penalties for act of infringement.
B. Was the author’s idea new, original and concrete? The “Poor Man’s Copyright” states that if there is proof that the author was in possession of written materials on a specific date the author may be able to pursue a lawsuit against the guilty party.

References:

1. Gibaldi, Joseph. MLA Handbook for Writers of Research Papers. New York: The Modern Language Association of America, 1995.
2. Kirsch, Jonathan. Kirsch’s Handbook of Publishing Law.
Venice, CA: Acrobat Books, 1995,1996.

Related Forms:
Attachment F: Request for Permission to Reprint CHEK Institute/Paul Chek Material.

Attachment G: Request for Permission to Use CHEK Institute/Paul Chek Material in a Presentation.

Attachment E
How to Reference CHEK Institute Materials

The following examples have been formatted in the MLA style of referencing and should be used as a guideline. This style pays attention to detail, which in itself, is an essential trait of a Licensed CHEK Professional, CHEK Practitioner, CHEK Golf Performance Specialist, and CHEK Tennis Conditioning Specialist. In the forward of MLA Handbook for Writers of Research Papers, Phyllis Franklin,
Executive Director of Modern Language Association writes:

This concern with details grows out of respect for the responsibilities writers have to readers- and to other writers. The general practices the MLA Handbook describes are followed by writers of studies and reports that serve the needs of many different readers, in government, business, industry, the professions, the academy, and the media. Because research has the power to affect opinions and actions, responsible writers compose their work with great care. They specify when they refer to another author’s ideas, facts, and words, whether they want to agree with, object to, analyze, or interpret the source. This kind of documentation tends to discourage the circulation of error, by inviting readers to determine for themselves whether a reference to another text presents a reasonable account of what that text says. (xiii-xiv)

So, keep the above passage in mind when referencing other people’s work.

Reference Examples:

Book
Chek, Paul. The Golf Biomechanics Manual: Whole in One Golf Conditioning. Encinitas, CA: A CHEK Institute Publication, 1999.
Chek, Paul. Awesome Abs! The Gut-Busting Solution for Men and Women. Canada: Muscle Mag International, 1996.
Catalogue
Chek, Paul. CHEK Institute & Paul Chek Seminars ’99 Product Catalogue. Encinitas, CA: A CHEK Institute Publication, 1999.
Articles in Magazines
Chek, Paul. “Suspension System for the Spine”. Massage and Bodywork. Dec.-Jan. 1999: 55-58.
Maund, Chris. “Four Simple Stretches to Correct Over Pronation”. Peak Running Performance. Jan.-Feb. 1999: 7-9.
An Article in a Newspaper
Johnson, Robert. “Medicine Balls Are Just What the Doctor Ordered at the Gym”. The Wall Street Journal. 7 Sept. 1999, natl. ed.:Al.
An Advertisement
The Golf Biomechanics Manual. Advertisement. NSCA Bulletin Sept./Oct. 1999: II Pamphlet – (treat a pamphlet as you would a book)
Chek, Paul. You don’t have to be a golf expert to be a golf biomechanic. Encinitas, CA: A CHEK Institute Publication, 1999.
Postcard – same as a pamphlet
Sound recording – (treat a spoken word recording as you would a musical recording.)
Chek, Paul. Controversy & Current Concepts of Pulling Exercises. Audiocassette. Filex, Fitness and Healthy Lifestyle Convention and Expo. Rec. 3-5 July, 1998.
Video Recordings
Paul Chek’s Swiss Ball Exercises for Better Abs, Buns & Backs by Paul Chek. Prod. Lenny Magill Productions, VideoCassette. CHEK Institute, 1996.
Slide presentation
Chek, Paul. Advanced Swiss Ball. slide program. A CHEK Institute Publication. 1999.
An Interview
Chek, Paul. Muscle Media 2000 Interview. Audiocassette. 1996
Personal communication
Chek, Paul. Letter to the author. 1 May 1999.
E-mail communications
Chek, Paul. E-mail to the author. 1 June 1999.
Website
Chek, Paul. Exercise of the Month - Supine Lateral Ball Roll. CHEK Institute. Online. http://www.chekinstitute.com. Internet. 3-2-00.

Or more generically:
1. Name of Author 2. Title of work 3. Publication information for the printed source. 4. Publication medium (online) 5. Name of the electronic text 6. Name of the computer network e.g. Internet 7. Date of access
Online article
Chek, Paul. “The Inner Unit”. Personal Training on the Net. Online. http://www.personaltraining.com.au Internet. 2-25-00.

Or more generically:
1. Name of Author 2. Title of Text 3. Publication information for the printed source. 4. Publication medium (online) 5. Name of the electronic text 6. Name of the computer network e.g. Internet 7. Date of access

Public Online Posting
Chek, Paul. “Re: Diaphragm and Abs 3”. 27 Dec. 1998.
Online posting. Newsgroup, Weights – 2.
Manual/Correspondence Courses
Chek, Paul. Scientific Core Conditioning, correspondence course and videocassette, A CHEK Institute Publication and Production, 1992,1998,1999.
A lecture, speech or an address
Chek, Paul. “CHEK Points and Core Conditioning.”
East Coast Alliance Conference, Miami, Florida. 13-15 Nov. 1999.
Published proceedings of a conference – treat as you would a book except add information about the conference
References:
Gibaldi, Joseph. MLA Handbook for Writers of Research Papers. New York: The Modern Language Association of America, 1995.
Kirsch, Jonathan. Kirsch’s Handbook of Publishing Law.
Venice, CA: Acrobat Books, 1995,1996.

Attachment F
Request for Permission to Reprint CHEK Institute/Paul Chek Material

Form may be found at https://chekinstitute.com/permission/general-use/

Attachment G
Request for Permission to Use CHEK Institute/Paul Chek Material in a Presentation

Form may be found at https://chekinstitute.com/permission/presentation/