Fletcher Pilates,® Inc. (“Company”), an Arizona “S” Corporation, located at 1980 East River Road, Tucson, Arizona 85718, has disclosed
to (“Participant”) certain non-public, confidential, and proprietary information of Fletcher Pilates® Program of Study. Such
information includes, but is not limited to, trade secrets, ideas, inventions, products, methods, techniques or processes (“Confidential
Information”) relating to Fletcher Pilates® Program of Study and Fletcher Pilates®, Inc. and was disclosed to Participant during
the course of a Comprehensive Program, Preparatory Course, Fletcher Pilates® Intensive Licensing Course or other continuing
education courses.
WHEREAS, the Fletcher Pilates® Program of Study is an original work of authorship fixed in a tangible medium of expression as defined
by the applicable federal statute. 17 U.S.C. sec. 102(a).
WHEREAS, exclusive rights are conferred to the owners of the materials, which prevent others from:
(i) Reproducing the copyrighted work in copies [or phone records];
(ii) Preparing derivative works based upon the copyrighted work, such as a translation, abridgment, condensation, or any other
form in which a work may be recast, transformed, or adapted;
(iii) Distributing the copyrighted work in public in the case of literary, musical, dramatic, choreographic, pantomime, motion
picture and other audiovisual works;
(iv) Publicly displaying the copyrighted work in the case of literary, musical, dramatic, choreographic, pantomime, motion
picture and other audiovisual works;
(v) Performing the copyrighted work publicly by means of digital audio transmission (in the case of sound recordings).
LET IT BE KNOWN THAT, the Company has or shall provide Participant copyright protected and Confidential Information. Participant agrees to hold such information
confidential in accordance with the terms of this Agreement.
The Company may allow the Participant the right to discuss, convey, and practice the Confidential Information on the following
conditions:
- 1. The Confidential Information is to be used by the Participant only in conjunction with the Participant’s instruction, training
and teaching of Fletcher Pilates®. Under no circumstance is it to be used by the Participant to train others to teach Fletcher
Pilates®;
- 2. Under no circumstance is the printed material to be replicated, copied, duplicated, distributed or reprinted or modified
in any way;
- 3. Handwritten notes taken by the Participant for personal use are permitted and may be retained by Participant provided, however
that Participant agrees that the notes may not be recreated or otherwise incorporated into teacher training materials (including
but not limited to brochures, academic publications, instructional curriculum, advertisements, audio broadcasts, video
broadcasts or any other written, digital or electronic media) for distribution;
- 4. The Participant acknowledges the Company’s rights in the Confidential Information and agrees that, apart from the rights
granted herein, Participant has no right to use such marks (Fletcher Pilates®, The Ron Fletcher Program of Study®, Fletcher
Pilates®, Fletcher Work®, Fletcher Towelwork®, Fletcher Floorwork® and / or Fletcher Spine Corrector Work™, Fletcher Barrework™,
Fletcher Pilates® Program of Study, The Ron Fletcher Company®), and materials. It is understood that during the Comprehensive
Program, Preparatory Course, Fletcher Pilates® Licensing Course or other continuing education courses, or at any time thereafter,
Participant shall not contest the validity of the registered marks or Confidential Information, claim adversely to Fletcher
Pilates®, Inc. any right, title or interest in and to the marks or Confidential Information. The Participant agrees not
to use the above marks or any similar variation thereof in any manner whatsoever, anywhere in the world, except as described
herein.
- 5. Arbitration. In the event any controversy or claim arising out of this Agreement cannot be settled by the parties hereto,
such controversy or claim shall be settled by arbitration in accordance with the then-current rules of the American Arbitration
Association, and judgment upon the award may be entered in any court having jurisdiction thereof.
- 6. Jurisdiction, Venue and Applicable Law. This Agreement shall be deemed to have been entered into in the State of Arizona.
Consequently, the laws of the State of Arizona shall govern the interpretation of this Agreement. Pima County, Arizona
shall be the only appropriate place to bring an action for any remedy under this Agreement.
- 7. Remedies. In the event Participant breaches this Agreement, the parties agree that it would be impractical or extremely
difficult to fix actual damages. Thus, Participant agrees that it shall pay the Company the amount of $10,000 as liquidated
damages for breach of this Agreement.
- 8. Limitation on damages. For and in consideration for the mutual covenants contained herein, Participant agrees to compromise,
release and fully and forever discharge and covenants not to sue the Company or any of its affiliates, from and with respect
to any and all claims of whatever kind or nature, known or unknown, and however arising, including, but not limited to,
all claims for personal injury, pain and suffering, mental anguish, humiliation or embarrassment, loss or diminution of
self or professional esteem, reputation, arising out of, resulting from or concerning Participant’s training and instruction
with the Company, for the lesser of $500 or the actual cost of tuition for training in Fletcher Pilates™.
- 9. Survival. It is the express intent of the parties hereto that each and every term and provision of this Agreement shall
continue in full force and effect after the conclusion of any Fletcher Pilates® educational program or course.
Brazil 
Canada 
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United Kingdom 