By checking the box to the left of the text "Accept Terms and Conditions", You (as defined below) are consenting to all of the terms and conditions, which You declare to fully understand and to which you agree and are legally bound as provided hereunder. This Agreement and any attachments, schedules and/or addenda (collectively, the "Agreement") is confidential and You shall not reproduce nor discuss its contents with any third party. This Agreement is entered into by and between You and Curtanna (as defined below), both of which, intending to be legally bound, understand and agree as follows:
1.1 "Accredited Instructor." All references to "Accredited Instructor" refer to any and all individuals that has been certified as capable to teach a Class after meeting the requirements set forth by Curtanna, all based and in compliance with the terms of this Agreement.
1.2 "Class." All references to "Class" refer to an uninterrupted teaching period, using the Software as well as the Licensed Information accessible through such use and with content compatible with the respective Session Type.
1.3 "Class Equipment." All references to "Class Equipment" refer to the equipment necessary to teach a Class, depending on the Session Type and defined by Curtanna from time to time (see Annex 1).
1.4 "Curtanna." All references to "Curtanna" refer to Curtanna, Inc., the Florida Corporation that is the sole designer, owner and thus rightful licensor of the Software, the Platform and the Program as well as certifier of Accredited Instructors.
1.5 "Customer Content." All references to "Customer Content" refer to Trainee Instructors’ and/or Accredited Instructors’ and/or Participants’, and/or Institution’s documentation and information supplied by each one of them to Curtanna or collected by the Web-Portal and/or the Software in connection with and/or pursuant to their participation in the Program, all based and in compliance with the terms of the respective Licensing Agreements and/or Instructors Agreements and/or Participants Agreements.
1.6 "Institution." All references to "Institution" refer to any legal entity that is an educational institution or with comparable goals as an educational institution whose Representative enrolled it in the Web-Portal.
1.7 "Instructors Agreement." All references to "Instructors Agreement" means that certain binding document which describes, in detail, the terms and conditions applicable to all Trainee Instructors and Accredited Instructors.
1.8 "Licensed Information." All references to "Licensed Information" includes any and all Program-related or Program-relevant information, including but not limited to Customer Content, that includes: instructions, parameters, videos, messages, pictures, training material, training methods, exercises, activities, class structure, session structure, evaluation criteria, their related functions and tasks, both individually or combined in any way, developed and/or integrated and/or created and/or copyrighted by Curtanna or by a third party subject of being licensed out or sublicensed out by Curtanna and that is accessible either via the Web-Portal or via the Software.
1.9 "Licensing Agreement." All references to "Licensing Agreement" refer to that certain binding document in which Curtanna and an Institution agree to the terms, conditions, details and scope of licenses to use Curtanna’s Web-Portal, Software, Platform and Program .
1.10 "Participant." All references to "Participant" and/or "Participants" refer to any natural person, of legal age or not, whom is the end beneficiary of the Sessions to which he/she was accepted by the respective Institution and is thus an Authorized User within the scopes of the Session he/she participated, all based on and in compliance with the terms of the respective Licensing Agreements and/or Participants Agreement.
1.11 "Participants Agreement." All references to "Participants Agreement" refer to that certain binding document in which a Participant agrees to the terms and conditions to participate in the Program.
1.12 "Platform." All references to "Platform" refer to any or all combinations of information, parts, codes, components, functions or tasks included in the Licensed Information, the Web-Portal and the Software, either originally copyrighted by Curtanna or by a third party, both individually or combined in any way, subject of being licensed or sublicensed out by Curtanna to Institution, all based on and in compliance with the terms of the Licensing Agreement and/or Instructors Agreement and/or Participants Agreement.
1.13 "Program." All references to "Program" refer to any or all combinations of information, parts, codes, components, functions or tasks included in the Platform, in Curtanna’s training methods and in Curtanna’s business model, both individually or combined in any way developed, integrated, created and/or copyrighted by Curtanna or by a third party, commercially named "Curtanna Skills for Life" and subject of being licensed out or sublicensed out by Curtanna to Institution, all based on and in compliance with the terms of the Licensing Agreement and/or Licensing Agreement and/or Instructors Agreement and/or Participants Agreement.
1.14 "Pupil." All references to "Pupil" and/or "Pupils" refer to a person that requires guardian intervention and consent to participate in the Program.
1.15 "Session." All references to "Session" or "Sessions" refer to a certain combination of Classes that together complement each other to fulfill the objectives of the Session Type.
1.16 "Session Type." All references to "Session Type" refer to the type of activities, the intensity of competitiveness and of assessments applied on Participants during the Classes of a Session. Examples: Enrichment Skills, Enrichment Fencing Skills, Ranked Fencing Skills.
1.17 "Software." All references to "Software" refer to Curtanna’s proprietary codes and methods of its custom-developed e-learning, in-class assistance and data collector software for tablet computers, integrated and/or created and/or copyrighted by Curtanna or by a third party and subject of being licensed out by Curtanna to Institution.
1.18 "Trainee Instructor." All references to "Trainee Instructor" refer to any and all individuals that apply to attend Curtanna’s training workshop and/or attend such training workshop, all in accordance with Curtanna’s Instructors Agreement.
1.19 "You," and "Your." All references to "You" and/or "Your" means the person whom, under the penalty of perjury, declares to be the legal-aged adult identified by the respective Customer Content entered through the Platform’s Trainee Instructor Pre-Registration web-page.
1.20 "Web-Portal." All references to "Web-Portal" refer to Curtanna’s proprietary codes and methods of its custom-developed Web-Portal accessible at www.curtanna.com, integrated and/or created and/or copyrighted by Curtanna or by a third party, composed of some public-access pages and forms as well as of restricted-access "Guardian/Participant" and "Institution" sections which are subject of being licensed out by Curtanna to Institution.
2. Trainee Instructor and Accredited Instructor duties: Only after Curtanna had trained and examined a Trainee Instructor and certified him/her as an Accredited Instructor he/she shall be eligible to teach Classes in community organizations or schools without direct supervision albeit with guidance from the Software. Accredited Instructors give group Classes to Participants. The number of Classes per Session, as well as the duration of each Class and number of Participants will vary depending on the specific License purchased by the Institution.
3. Accreditation Process: The process by which a Trainee Instructor becomes an Accredited Instructor includes the following stages:
3.1 Pre-register online at the Web-Portal providing Your personal data truthfully,
3.2 Agreeing and consenting to this Agreement by clicking the "Accept" box in the pre-registration form,
3.3 Consenting to, when an Accredited Instructor, adopt and apply all of the terms of the Instructor Code of Conduct (attached to this document as Annex 2 below)
3.4 Register at the designated workshop date, time and location and pay the respective fee
3.5 Participate in all of the planned activities of the selected training workshop
3.6 Satisfy or surpass the minimum criteria to be certified as an Accredited Instructor, set forth by Curtanna at its sole discretion.
4. Eligiblilty: Certification eligibility is for individual candidates only and not an Institution. The minimum age for Trainee Instructors is 18 years. Trainee Instructors will be required to demonstrate group teaching skills. These skills will include the group warm-up, group footwork, main group lesson, conclusion of the lesson, and use of the Software during Class.
5. No guarantee: Trainee Instructors are conscious that participation in the training workshop program does not guarantee certification as an Accredited Instructor.
6. Warranty and Legal Authority: You are representing and warranting that you have full legal authority to provide consent on behalf of yourself. You declare to have read this agreement, to fully understand its terms, and understand that You give up substantial rights by agreeing to it. You are giving your agreement to this document freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion or this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
7. Voluntary Enrollment: You have voluntarily decided to enroll in the Web-Portal and participate in the Program. By enrolling into the Program, You will be governed and shall abide by the terms and conditions hereto, as well as by any other rules and regulations which may be, from time to time, published on the Web-Portal.
8. Nature and Participation: You understand the nature of the lessons and degree of activity that comprise the Program and agree to participate in them.
9. Intellectual Property: You acknowledge and agree that the Software, the Platform and the Program consist of a combination of technology and trade-secrets which are proprietary to Curtanna and vigorously protected and defended by Curtanna. You may not modify any part or component of the Platform nor merge any part of it with another software. You may neither attempt or allow others to attempt to determine the Software’s source codes, nor copy, modify, adapt, reprogram, translate, disassemble, decompile, nor otherwise reverse engineer any part of the Software, the WebPoral or the Platform (except to the extent applicable laws specifically prohibit such restriction). You may not create and/or help others create competitor products, or create derivative works based on the Software, or the Platform, or the Program, or the written materials provided with or derived from the Program. You may not, expressly as provided herein, allow use, disclose, sublicense, lease, rent, or transfer the codes, contents or functionalities of the Software, of the Platform or of the Program, in whole or in part, to any third party, or provide the benefit of its use to any third parties in any manner. You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Platform. The Platform’s component parts may not be separated for use on more than one computer. You shall not sell, assign, disclose, furnish, or redistribute any information received from or gathered as a result of the Platform’s use, without Curtanna’s prior written consent, which may be unreasonably withheld.
10. Collection of Data: You acknowledge and agree that Your individual performance data will be collected, gathered, transmitted, stored, processed and/or used for multiple purposes, such as, but not limited to, compare performances and relative progress, with respect to that of peers. Such data collection, gathering, transmission, storing, processing and/or use shall be to the maximum extent allowed under law. Consequently, the acceptance of the terms herein, shall be deemed as an irrevocable authorization to collect, transmit, gather, store, process and use Your individual performance data to the maximum extent allowed under law.
11. Direct Contact & Soliciting: You hereby authorize Curtanna and the respective Institution to contact You from time to time with information about Your performance under the Program, as well as with new schedules, venues, times, products and other Curtanna news and offerings.
12. Release, Indemnify and Hold Harmless: You release, discharge, covenant not to sue, and agree to indemnify and hold harmless Curtanna, its owners, directors, officers, employees, agents, managers, and representatives from any and all claims, injuries, losses, costs, or causes of action that may arise in connection with participation in the Program, except for those that result from gross negligence or wanton and willful misconduct by Curtanna. You also agree that, if despite this release, and waiver of liability, assumption of risk, and indemnity agreement, anyone on Your behalf makes claims against Curtanna, You will indemnify, save, and hold Curtanna harmless from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as a result of such claim, to the fullest extent permitted by law.
13. Limitation of Liability: Notwithstanding anything to the contrary stated herein, to the extent allowed by law, Curtanna’s liability to any person with respect to the Program and/or the products associated with the Program, whether based in contract, tort (including breach of warranty, negligence, strict liability or other tort theory) or otherwise, shall in no event exceed the total fees paid or payable to Curtanna under this agreement. Curtanna shall in no event be liable to any person for any incidental, special, punitive or consequential damages, including lost profits, loss of business opportunities, lost data, cost of procurement of substitute goods, or any indirect damages however caused and whether based in contract, tort (including breach of warranty, negligence, strict liability or other tort theory) or otherwise. The foregoing limitations shall apply even if Curtanna has been informed of the possibility thereof and notwithstanding the failure of essential purpose of any limited remedy stated herein.
14. Third-Party Provider of Program: You acknowledge and agree that it is an Institution, through a License granted by Curtanna and an Accredited Instructor of its hiring, that will be providing the Program on-site to Participants. You acknowledge and agree, therefore, that Curtanna shall not have direct contact with Participants during the Program’s classes, but rather all contact, other than the input of Your enrollment/pre-registration information on the Platform, shall be with the respective Institution and/or the Participants. You acknowledge and agree that Curtanna does not exercise any control over such third-parties and therefore You shall have no rights against Curtanna for any of the Institution’s or the Participant’s actions or omissions.
15. Assumption of Risk: By enrolling into Platform to participate in the Program, You are knowingly and willingly assuming any and all risks associated with participating in the Program, irrespective of whether they are known or foreseeable to Curtanna. Curtanna is unable to enumerate every potential risk, and therefore Curtanna believes that You are in the best position to decide whether or not You may participate. Curtanna does not guarantee that there will be no injuries or damages as a result of participation in the program.
16. Results not Guaranteed: While Curtanna is convinced of the Program’s positive impact on the Participants’ behavioral and physical development, Curtanna cannot and does not warrant nor guarantees any specific results. You acknowledge that progress shall be directly dependent on Participant’s abilities and willingness to work accordingly.
17. Disclaimer of Warranties: Curtanna makes no warranties or conditions, whether express, implied, or by statute, to Institution, You, Participants or any third party, in any communication with Institution, You, Participants or any third party, or otherwise, regarding the Platform, the Program or the Program’s quality, and Curtanna specifically disclaims any implied warranties or conditions of fitness for a particular purpose, merchantability, usage of trade, course of performance, and noninfringement. Curtanna does not warrant that operation of the Platform will be uninterrupted or error-free. Any other representations or warranties made by any person or entity, including employees or representatives of Curtanna that are inconsistent herewith shall be disregarded and shall not be binding upon Curtanna or its third party suppliers.
18. Access to Software: After being accredited, the Instructor will receive an email from Curtanna providing an access log-in and password to the Software.
19. Code of Conduct: Trainee Instructor acknowledges to have read Curtanna’s Instructor Code of Conduct (attached to this document as Annex 2 below) and, as an Accredited Instructor, will at all times be bound by it and act in accordance with it.
20. Renewal of Certification: Certification as an Accredited Instructor is valid for two (2) years. After two (2) years, certification must be renewed through participating in a new training workshop.
21. Revocation of Certification: Certification may be revoked at Curtanna’s sole discretion for misuse of the Platform, the Software or the Program or violation of the Code of Conduct.
All Accredited Instructors shall:
1. Always work in an open environment.
2. Always put safety and the Participant’s welfare first.
3. Fully conform to Curtanna’s Child Protection Policy (Annex A below)
4. Fully conform to Curtanna’s Appropriate Instructional Practice Guidelines (Annex B below)
5. Fully conform to Curtanna’s Professionalism and Dress Code (Annex C below)
6. Ensure that every individual, particularly all young people in their care, are respected as individuals and treated equally and with dignity at all times.
7. Conduct all relationships based on respect, honesty, and openness.
8. Encourage Participants to be responsible for their own behavior and performance.
9. Have a continued commitment to their own training to ensure the safety and enjoyment of all Participants.
10. Strive to be positive role models and display high standards of personal behavior.
11. Promote good behavior within the rules of the sport being taught.
12. Establish clear expectations of Participants.
13. Give enthusiastic feedback, praise, and constructive criticism rather than negative criticism, keeping in mind that one of the goals of the Program is to improve self-esteem and self-confidence.
14. Encourages positive social interaction, self-motivation, and active engagement in learning, thus providing opportunities for success.
15. Understand and use all of the Software’s features.
16. Make the Program fun and enjoyable for Participants.
17. Promote, exercise and enforce the concepts of fair play.
18. Keep a written record of any injury that occurs to Participants, along with details of any treatment given.
19. Maintain realistic expectations of a Participant’s abilities by recognizing his/her specific developmental needs.
20. Communicate with parents and be responsive to parent’s questions or concerns.
The key commitments of Curtanna’s policy for safeguarding Pupils are:
a) Building a ‘culture of safety’ in which all Pupils are protected from abuse and harm in all areas of its service delivery.
b) Responding promptly and appropriately to all incidents or concerns of abuse that may occur and to work with statutory agencies in accordance with procedures.
c) Curtanna believes in promoting Pupils’ right to be strong, resilient and listened to, creating an environment in our setting that encourages Pupils to develop a positive self-image, which includes their heritage arising from their race and ethnicity, their languages spoken at home, their religious beliefs, cultural traditions and home background;
d) Curtanna believes that the welfare of every Pupil is paramount. Each Pupil has the right to protection from abuse. All suspicions and allegations of abuse and poor practice by an Accredited Instructor will be taken seriously and responded to swiftly and appropriately. Although Curtanna will not be responsible of the oversight of the Acceredited Instructors, any investigation resulting in a reasonable suspicion that inappropriate or unlawful behavior occurred, will result in the termination of the Accredited Instructor’s right to use the Program and a life-time ban from Curtanna’s programs and products.
e) Accredited Instructors will have regular contact with Pupils and will be an important link in identifying cases where they need protection. Accredited Instructors should immediately report any and all suspicions of abuse, neglect, or harm by third parties in detriment of a Pupil to the respective Institution’s officials.
f) The Curtanna Platform ensures that all of its Pupils’ legal guardians have manners to complain about any Accredited Instructor, which may include an allegation of abuse.
g) Curtanna will not allow or condone the following behavior by any Accredited Instructor:
h) Allegations against Accredited Instructors directly hired by Curtanna:
i) Disciplinary actions against Accredited Instructors hired by Curtanna: where a member of Curtanna’s staff, a part-time employee, a hired independent contractor or a volunteer is dismissed from the setting or internally disciplined because of misconduct relating to a child, Pupil or not, we notify the Department of Health administrators so that the name may be included on the List for the Protection of Children and Vulnerable Adults. We also notify Ofsted of any dismissal or disciplinary measures taken.
(extracted from SHAPE America's Appropriate Instructional Practice Guidelines, K-12)
1) LEARNING ENVIRONMENT
Establishing the Learning Environment
Exercise as Punishment
Competition & Cooperation
2) INSTRUCTIONAL STRATEGIES
Accredited Instructor Enthusiasm
Developing Health-Related Fitness
Valuing Physical Activity
1) Professionalism: Being professional is the most important part of your job as a CURTANNA instructor. We are teaching children and need to act as role models that they can look up to. Be pro-active and always be ready and willing to further develop skills and knowledge to ensure current and up to date class delivery. When anyone is involved in teaching children the first thing they need to look at is themselves. Would you enjoy being taught by yourself? Do you exhibit the traits and qualities you are trying to bring out in the children?
2) Attendance: Manage your time well – always be prompt and ready for each class. Remember if a class is scheduled to start at 3pm – it starts at 3pm not at 3.10pm once you have got your act together! Children are counting on you and looking forward to their CURTANNA class. Always be there to give them the experience they deserve.
3) Appearance: It is very important to look smart and professional. CURTANNA has its own dress code for instructors which we expect to be worn for all CURTANNA classes. Consistency in dress code looks very professional and will allow you to gain the respect of children and fellow colleagues. At CURTANNA we have a mixture of dress code and mandatory wear:
4) Attitude: Always keep a positive attitude at all times, to the children you teach and also other colleagues that you may interact with. Remember you are trying to instill the same positive attitude into the children you teach.
5) Communication: Always we ready to share any concerns or ideas with your institution and the CURTANNA team. If you think something is not working then tell us! You are our people in the field and are the best judges of our material.
6) Politeness: Always be very aware of your own choice of language – not only to other colleagues but also to the many impressionable young minds you are responsible for. Children will pick up on mannerisms, words, phrases, etc. Always think before you speak.
7) Ethic: Always be a model of high ethics – be an individual that inspires others and makes people look up to you.
8) Organized & Prepared: CURTANNA allows you to prepare up to 7 days in advance of a scheduled class. Be the best you can be and prepare until you are fully confident of your own ability. Keep all Class Equipment organised and well looked after. Ensure all equipment has been returned at the end of class.
9) Continued Professional Development: Never sit back and activate auto-pilot! Continue to think of new ways to improve your own service delivery. There are many courses available to sports coaches to keep them up to date in areas such as; First Aid, Child Safeguarding. Coach Upskilling etc.