This License Agreement (“Agreement”) is entered into between Zumba Fitness, LLC (“Zumba”), and you (“Instructor”), and is effective as of Instructor’s date of enrollment in the Zumba Instructor Network (“ZIN”) (“New Instructor Effective Date”), or on 1/1/2014 if Instructor was a ZIN Member before that date. Zumba and Instructor are referred to singularly as a “Party” and collectively as the “Parties.”
Zumba owns the Zumba IP (as that term is defined below) and uses the Zumba IP in connection with educational services in the field of dance-fitness (“Services”). Instructor has completed an official Zumba instructor training and desires to become a ZIN member and make use of the Zumba IP. ZIN membership is open only to individuals; a business, organization, company or other entity, including a gym, cannot be a ZIN member.
In consideration of the foregoing, the mutual promises set forth below, and Instructor’s subscription to the ZIN program, the Parties agree as follows:
1. Definitions. For purposes of this Agreement, the following terms have the following meanings:
1.1. Initial Term & Term. The initial term is for a period to be set by Zumba and shall begin from the New Instructor Effective Date. The Initial Term can be found on zumba.com. Following the Initial Term, the Agreement automatically renews for indefinite successive one-month periods unless Zumba terminates the Agreement or Instructor cancels his/her membership pursuant to Zumba’s cancellation policy (“Term”).
1.2. Zumba Marks. Means certain word trademarks and/or service marks owned by Zumba, including Zumba®, Zumba Fitness®, Join the Party™, Feel The Music™, Party in Pink™, as well as certain trademarked logos, such logos being attached as Exhibit A.
1.3. Zumba Specialty Marks. Means certain specialty word trademarks and/or service marks owned by Zumba, including Zumba Gold®, Zumba® Toning, Aqua Zumba®, Zumba® Kids, Zumba® Kids, Jr., Zumba® Gold-Toning, Zumba Sentao®, Zumba® in the Circuit, as well as certain specialty trademarked logos, such logos being attached as Exhibit B.
1.4. Marks. Means the Zumba Marks and Zumba Specialty Marks.
1.5. Zumba Copyrights. Means certain original literary, dramatic, musical, artistic and other works within the meaning of the U.S. Copyright Act and the Berne Convention used in association with the Marks. The Zumba Copyrights are valid, subsisting and in full force and effect.
1.6. Zumba IP. Means the Marks and Zumba Copyrights.
1.7. ZIN Marks. Means certain word and logo trademarks and/or service marks, including ZIN™ and/or incorporating ZIN™ or the “Zumba Instructor Network”.
1.8. Zumba Related Parties. Means Zumba’s affiliates, subsidiaries, related companies, employees, directors, officers, agents, vendors and suppliers.
2. Grant of License. Subject to the terms hereof, Zumba grants Instructor a limited, nonexclusive, nontransferable, revocable license, without warranty, (i) to use the Zumba Marks to promote and teach Instructor’s Zumba classes and approved events, and to use the ZIN Marks solely to identify Instructor as a ZIN member (“License”); and (ii) following completion of a specialty training, to use the Zumba Specialty Marks associated with that specialty (“Specialty Mark License”) (e.g., following a Zumba Gold® training, Instructor may use the Zumba Gold marks to promote and teach Zumba Gold® classes).
2.1. Territory. The License and Specialty Mark License are not valid in any country to which the U.S. restricts trade or where exercising rights hereunder would violate any law, regulation or ordinance. For more information, visit zumba.com.
2.2. Affiliation. All uses of the Zumba IP must be made in accordance with this Agreement and cannot imply an affiliation with any third party, including an implied affiliation with any brand, organization or company, and/or with any individual not licensed hereunder. Where Instructor wishes to use the name, logo or marks of a third party in connection with the Zumba IP, Instructor must obtain Zumba’s prior approval. Notwithstanding the foregoing, Instructor may use the business name, trade name and/or trademark of a gym or facility where a Zumba class or approved event is being held, so long as such use is subordinate to the Marks and the use is permitted by the gym or facility.
2.3. Disparagement. Instructor must not make any unsavory remarks or comments and/or create any materials or content that Zumba determines, in its discretion, dilutes, disparages, or is detrimental to the Zumba IP, the Zumba brand or the goodwill associated therewith. Instructor agrees to promptly comply with any instructions from Zumba, including the removal, deletion or withdrawal of such remarks, content or materials.
2.4. Ownership of the Zumba IP. Zumba owns all right, title and interest in the Zumba IP and Instructor must not take any action inconsistent with Zumba’s ownership thereof. Instructor’s use of the Zumba IP inures to the sole benefit of and is on behalf of Zumba. In that regard, Zumba shall own all live performance copyright rights in and to any Zumba classes or events taught by Instructor, including any copyright rights in the filming, recording, streaming, uploading or reproduction of such classes or events. Nothing in this Agreement gives Instructor any right, title or interest in the Zumba IP other than the right to use the Zumba IP as permitted herein. Instructor must not contest Zumba’s ownership of the Zumba IP, the validity or enforceability of the Zumba IP, or the validity of this Agreement. Instructor must not register or attempt to register any trademark, service mark, logo, copyright, trade name or business name that incorporates “Zumba” or the Marks, or any derivations thereof, nor can Instructor assist any party in doing so.
3. Fee. Instructor must pay Zumba a subscription fee in an amount to be set by Zumba (“Fee”), each and every month during the Initial Term and Term. The Fee is subject to change at Zumba’s discretion. Zumba reserves the right to establish, revise, modify or amend its billing practices, methods and fees, including its collection practices, payment practices, and fees for content or services provided on its website(s). Instructor agrees to accept notice of any changes by way of the changes posted on zumba.com. Instructor’s failure to make timely payments due hereunder is a material breach permitting Zumba to terminate this Agreement.
3.1. Third Party Payments. Zumba accepts payments of the Fee from third parties (e.g., gyms). It is Instructor’s responsibility to ensure that the Fee is timely paid, regardless of whether the Fee is paid by Instructor or a third party. A third party paying the Fee may, at any time, contact Zumba to cancel payment of the Fee. In the event the third party cancels payment, it is the responsibility of Instructor to ensure that any current and future Fees are timely paid. Zumba will make a reasonable attempt to inform Instructor of a third party’s cancellation of payment. Zumba is not responsible for any loss or damage, including termination of this Agreement, suffered by Instructor as a result of non-payment of the Fee.
3.2. Third Party Use of ZIN Materials. This Agreement is between the Parties, regardless of whether the Fee is paid by Instructor or a third party. All ZIN materials distributed to Instructor are the property of Zumba and Instructor. Any other use or distribution of such materials is prohibited, including the use of such materials by a party who pays Instructor’s Fee. Notwithstanding the foregoing, gyms and other facilities hosting Instructor’s Zumba classes or approved events may use marketing materials made available to such parties by Zumba.
3.3. Third Party IP Rights. Instructor must not include third party intellectual property rights in materials promoting Instructor’s Zumba classes or approved events without Zumba’s prior approval. However, use of the name of a gym or facility where Zumba classes or approved events are being held is permitted if subordinate to the Marks and the use is permitted by the gym or facility.
4. Proper Use of the Marks. Instructor must (i) use the Marks only in the forms shown in Exhibits A and B, including adhering to the colors, fonts, stylization, proportionality and other elements of the Marks; (ii) follow Zumba’s brand use guidelines; (iii) use the appropriate trademark symbol (® or ™) with each use of a Mark; (iv) follow all instructions, requests and/or demands made by Zumba concerning Instructor’s use of the Zumba IP; and (v) use its best efforts to use the current versions of the Marks as provided by Zumba.
4.1. Under License Language. Instructor must use the following “used under license” language on all materials, printed or electronic, which bear the Marks:
Zumba®, [insert other Marks, i.e., Zumba Gold®] and the Zumba Fitness logos are trademarks of Zumba Fitness, LLC, used under license.
4.2. Quality Standards. The nature and quality of Instructor’s marketing and services using the Marks must conform to the standards set by Zumba (i) in the instructor training courses and manuals; (ii) at zumba.com; (iii) in Zumba’s brand use guidelines; and (iv) in this Agreement. Instructor must cooperate with Zumba in facilitating Zumba’s control over the nature and quality of Instructor’s marketing and services, to permit observation of Instructor’s Zumba classes or approved events, to promptly comply with all instructions from Zumba, and to supply Zumba with evidence confirming compliance with this Agreement.
4.3. Compliance With Laws. Instructor must comply with all applicable laws, regulations and ordinances in the country, state and locality in which Instructor teaches Zumba classes and approved events and obtain all appropriate government approvals pertaining to marketing, advertising, or providing Instructor’s services, including any requirements for the instruction of children.
4.4. Promotional materials. Instructor may use the Marks on flyers, posters, emails and other printed materials whose sole purpose is to promote Instructor’s Zumba classes or approved events. Such materials must include the “used under license” language.
4.5. Email addresses. Instructor may use “Zumba” or one or more of the Zumba Specialty Marks, for which Instructor is licensed, as part of Instructor’s email address so long as Instructor uses such address solely for the promotion of Instructor’s Zumba classes and approved, related Zumba activities.
4.6. Domain Names. Instructor may use “Zumba” or one of the Zumba Specialty Marks, for which Instructor is licensed, as part of Instructor’s domain name for a website promoting only Instructor’s Zumba classes, approved events and related, but subordinate, Zumba apparel and accessory sales (e.g., zumbagoldbyjennifer.com is acceptable for an Instructor named “Jennifer” licensed to teach Zumba Gold® classes and whose website promotes only her Zumba classes, approved events and related Zumba activities). Instructor may not register a domain name containing the other Marks. Registration and/or use of a domain name must adhere to the terms of this Agreement, including the following:
(a) Competing Services/Goods. Under a domain name containing the Zumba mark, Instructor must not sell, offer for sale, advertise or promote any services or goods except Instructor’s Zumba classes, approved events and related, authorized Zumba goods and activities.
(b) Transfer of Domain Name. In the event Zumba determines it needs or desires to own a domain name registered or operated by Instructor incorporating the Marks, Instructor must, at Zumba’s request, immediately transfer such domain name to Zumba. Zumba may reimburse Instructor for reasonable and documented out-of-pocket costs that Instructor paid to register the domain. Zumba will not reimburse Instructor for any costs incurred in designing Instructor’s website, creating marketing materials, or any other costs incurred in connection with the domain name.
(c) ZIN Member Identification. Instructor must be identified in the Whois listing as the Registrant of a domain name used by Instructor containing the Marks. Instructor must include his/her Instructor number or profile link in the domain name registration information. Instructor must not use a privacy protection service in connection with the registration of a domain name.
(d) Domain Name Containing Country Name. An Instructor wishing to register or use a domain name containing “Zumba” and the name of a country (e.g., zumbaaustralia.com or zumba-brazil.co.br) must obtain Zumba’s approval in advance of such registration.
4.7. Internet Uses. Instructor may use the Marks on a website, including blogs and social media sites, where Instructor uses the Marks to promote Instructor’s Zumba classes and approved events in accordance with this Agreement and under the following guidelines:
(a) Trademark Notice. Instructor must include the “used under license” language on the home page of Instructor’s website, which must reference all Marks used on the site.
(b) Link to Zumba.com. Instructor must include a prominent hyperlink on the home page to zumba.com.
(c) Music. Instructor may use Zumba’s original compositions and such other original tracks that may be released in the future as background music on Instructor’s site. Instructor must not use any other music on Instructor’s site unless he/she has obtained an appropriate license.
(d) Ownership. Instructor must identify his/her self as the owner of Instructor’s Site by indicating his/her legal name on the home page. In addition, Instructor must post the following link on the home page to his/her ZIN profile: This site is owned and operated by [insert name], a licensed ZIN™ member. See my ZIN profile at: [insert link].
(e) Adwords/Keywords. Instructor must not use any Marks as AdWords, paid search, keywords or otherwise for search engine optimization and/or for creating “sponsored links”.
(f) Social Media Titles. Instructor must include his/her name in the title of any social media page(s) incorporating the Marks. In the case of group pages, all Instructors must be ZIN members and must be identified on the page. This Section applies to social media pages created and/or used for events. Any Instructor Facebook page created on or before December 15, 2011 is exempt from this Section. Such exemption requires that Instructor list in the “About Me Section” Instructor’s legal name, as it appears on zumba.com, and a link to his/her profile. This exception does not affect any other provision of the Agreement.
4.8. Radio, Television and News Coverage. Instructor must not use the Marks on radio or television without Zumba’s prior approval. Instructor may promote Instructor’s Zumba classes or approved events through live or print news coverage, or through mainstream news organizations or print publishers. In the event of such promotion, Instructor must inform the news organization or publisher of Zumba’s brand use guidelines. With respect to live news coverage, such coverage must not include more than ten minutes of a Zumba class, approved event or Zumba exercise routine without Zumba’s prior approval. In the event Instructor is aware of the coverage, Instructor must notify Zumba by email to firstname.lastname@example.org. In the event Instructor is not aware of the coverage in advance, Instructor must promptly notify Zumba after the coverage and, when possible, provide a copy of the article or footage.
4.9. Sale of Genuine Zumba Products. Instructor may use the Marks in connection with the resale of genuine Zumba products purchased from Zumba or an authorized distributor, so long as such sales are subordinate to Instructor’s Zumba classes or approved events. Instructor may resell original Zumba products on online trade boards, provided Instructor identifies him/herself in such listings. Except as may be provided for in a separate agreement, Instructor may not sell Zumba products outside of the territory where those products were purchased (e.g., products purchased in the U.S. must be resold in the U.S. and not sold outside the U.S.).
4.10. Charitable Fund Raising Services/Other Events. With Zumba’s prior approval, Instructor may conduct Zumba classes or events in connection with fund raising activities for charitable or other worthy causes. Such events can be identified under the name Zumba® Class Fundraiser, Zumbathon® Charity Event, Zumbathon® Event, etc. The Zumbathon mark is considered a Mark for this limited, charity event-related use, so long as Instructor has obtained Zumba’s approval. Activities using the Zumbathon mark must be conducted in accordance with applicable laws. Instructor is responsible for the handling of and proper disbursement of all fundraising related to the event. Zumba reserves the right to prohibit Instructor from using the Zumbathon mark, and/or the other Marks, in connection with any fundraising activities that Zumba determines, in its discretion, is in conflict with this Agreement or is inconsistent with Zumba’s business objectives or interests. Instructor is prohibited from using Zumba’s Fitness-Concert™ trademark in connection with any event, whether charitable or not. For permission to host a charitable event or other event using the Marks, including the Zumbathon mark, Instructor must submit an approval request through zumba.com.
4.11. Trade Shows/College Classes. With Zumba’s prior approval, Instructor may conduct Zumba classes at trade shows and in classes for college credit. An approval request must be submitted fourteen days in advance through zumba.com. Whenever Instructor participates in or conducts such trade shows or classes, Instructor’s name must be listed in any promotional materials. Instructor must not participate in any class using the Marks if any other class-teaching participant is not a ZIN member.
5. Restricted Use of the Marks & Zumba IP. Zumba may use, or license others to use, the Zumba IP in connection with various goods and services. Instructor must not use the Zumba IP for purposes of promoting any workshop, training, instruction, choreography session, or other activity except Instructor’s own Zumba classes or approved events. Instructor must not use any Zumba IP to identify a gym, workout facility, business or trade name, or any other facility, program or product, except as authorized herein, without Zumba’s prior approval. Zumba reserves the right to remove any content posted on the Internet and/or used by Instructor that violates Zumba’s rights in the Zumba IP.
5.1. Never Modify the Marks. Instructor must use the Marks in accordance with the terms of this Agreement and refrain from modifying the Marks (e.g., Instructor must not (i) refer to a class as, for example, “Zumba Core”, “Zumba Glutes” or “Zumba Warrior”; or (ii) change the spelling of the Marks, such as, for example, using the phrases “Zumbarific” or “Zumba-mania”).
5.2. Never Use the Marks in Business or Trade Names. Instructor must not use the Marks in the name of a business or trade name including, for example, “Zumba Club”, “Zumba Studio”, or “Zumba Fitness Center.”
5.3. Never Use the Marks as Verbs or Nouns. Instructor must not use the Marks as nouns or verbs including, for example, “I Love to Zumba”, “Once you Zumba, you’ll be hooked” or “My gym offers Zumba”. Instructor must always use the Marks as adjectives including, for example, “I Love the Zumba® program”, “Once you attend a Zumba® class, you’ll be hooked” or “My gym offers Zumba® classes.”
5.4. Never Use the Marks as Titles to Newsletters or Publications. Instructor must not use the Marks, in whole or in part, as titles to print or digital newsletters or publications.
5.5. Merchandise. Instructor must not manufacture, create, offer for sale, sell or distribute any merchandise, including apparel, accessories, CDs, DVDs or promotional items, bearing the Zumba IP or any names, designs or logos similar to the Marks. Notwithstanding the foregoing, Instructor may modify or repurpose official Zumba products for Instructor’s personal use. Modification and repurposing includes, for example, cutting or altering an official Zumba product from its intended use and form into a different use or form. Permitted modification and repurposing expressly excludes the application or combination of any Zumba product or portion thereof, whether bearing the Marks or not, to any other non-Zumba merchandise or products. Instructor must not offer for sale, sell, or distribute modified or repurposed Zumba products.
5.6. ZIN Materials. Instructor must not copy, duplicate, sell, distribute, upload, stream or otherwise disseminate any ZIN materials, such as welcome kits, or their contents; training manuals; CDs and DVDs; and mega-mix CDs. Instructor must not play the ZIN DVDs as part of a class or publicly perform any Zumba video, including of Instructor’s own classes. In the event of termination or cancellation of this Agreement, Instructor must retain Instructor’s ZIN materials, destroy them or return them to Zumba.
5.7. Videos/Recording. Instructor must not film, record, stream live video, create DVDs or reproduce in any manner Zumba classes, or otherwise imitate Zumba/ZIN choreography or music. Zumba videos, CDs and DVDs are fully protected under U.S. copyright laws, and any unauthorized duplication, exhibition, distribution or use without Zumba’s prior approval is prohibited.
5.8. Mobile Applications. Instructor must not use the Zumba IP in connection with a mobile application, including in the title, icon and content of the application.
5.9. Program Names. Instructor may only use the program names for which Instructor is licensed to teach. Instructor must not alter the Zumba program names or create his/her own program names (e.g., Aqua Zumba® cannot be called “Pool Zumba” and Aqua Zumba® classes can only be taught by an Instructor who has a Specialty License to teach the Aqua Zumba® program).
6. Termination. Zumba may immediately terminate this Agreement and Instructor’s ZIN membership at any time, with or without cause, by giving Instructor written notice. Upon termination without cause, any Fee paid but not used will be returned to Instructor.
6.1. For Cause. Zumba has the right to terminate this Agreement upon written notice in the event Instructor breaches this Agreement or as a result of any action or conduct by Instructor that Zumba deems detrimental to the Zumba IP, the Zumba brand or the goodwill associated therewith. Zumba may, in its discretion, provide Instructor with an opportunity to cure any breach prior to termination. Upon termination for cause, any Fee paid but not used will not be returned to Instructor.
6.2. Effect of Termination. Upon termination, Instructor must immediately (i) discontinue use of the Zumba IP, including in any websites or email addresses used by Instructor; (ii) comply with this Agreement concerning ZIN materials; and (iii) transfer all domain names incorporating the Marks to Zumba. All rights in the Zumba IP and the goodwill associated therewith remain the exclusive property of Zumba.
7. Cancellation by Instructor. Instructor may cancel this Agreement at any time after the Initial Term subject to the terms, conditions and processes set forth by Zumba. If Instructor cancels this Agreement prior to the expiration of the Initial Term, Instructor must pay a termination fee in an amount set by Zumba. Zumba’s “Cancellation” policy can be found on zumba.com.
8. Third-Party Infringement. Instructor must promptly notify Zumba of any unauthorized use of the Zumba IP by a third party for which Instructor becomes aware. Zumba has the sole right and discretion to take action, including bringing action involving the Zumba IP and retaining the proceeds of any settlement or recovery in such action. Instructor agrees to cooperate with Zumba in enforcing and protecting the Zumba IP.
9. Interpretation & Enforcement. This Agreement will be construed in accordance with the laws of the U.S. and the State of Florida. Any legal action arising from or relating to this Agreement must be brought in a state or federal court located in Broward County, Florida. The Parties waive any challenge to personal jurisdiction or venue in those courts. The prevailing Party in any such action is entitled to recover its attorneys’ fees and costs. The Parties expressly waive the right to a jury trial in any action relating to this Agreement. Any judgment by a court under this Section is fully enforceable in Instructor’s country of residence.
10. Acceptance of and Modifications to Agreement. Payment of the Fee pursuant to this Agreement and/or completing the click-through process required to accept this Agreement shall be effective as an original signature and constitutes Instructor’s acceptance to the terms hereof. Instructor acknowledges that he/she has read and understands this Agreement in its entirety and that this Agreement may be modified at Zumba’s discretion. Such changes may be effected by Zumba’s posting of a change notice or new agreement on zumba.com. Such modified terms are deemed incorporated herein and made part hereof. Zumba will make commercially reasonable efforts to notify Instructor of all modifications prior to implementation. The enforceability of such changes is not contingent upon actual notification, provided that Zumba has posted the changes on zumba.com. In the event Instructor does not agree to abide by the terms of the Agreement, as modified, Instructor’s sole remedy is to terminate this Agreement. Instructor must monitor zumba.com for changes to this Agreement.
11. Parties’ Relationship. The Parties’ relationship is that of licensor and licensee. Nothing herein shall be construed as creating any partnership, joint venture, agency, franchise, sales representative or employment relationship between the Parties, nor shall Zumba be deemed to be acting in a fiduciary capacity with respect to Instructor. Instructor has no authority to make or accept any offers or representations on behalf of Zumba or to act for or bind Zumba in any manner. Instructor must not make statements or take actions that may contradict the relationship set forth herein or confuse or mislead any person regarding the nature of the Parties’ relationship.
12. Disclaimer & Limitation of Liability. Zumba makes no representations or warranties, express or implied, with respect to ZIN, the Zumba Services, or any Zumba-related products, including warranties of fitness, merchantability or non-infringement. Under no circumstances, or legal or equitable theory, whether in tort, contract, strict liability or otherwise, will Zumba or the Zumba Related Parties be liable to Instructor or any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with this Agreement, including damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Zumba has been advised of or should have known of the possibility of such damages. Zumba makes no representation that the operation of Zumba’s website(s) will be uninterrupted or error-free. Zumba is not liable for the consequences of any interruptions or errors, although Zumba will make commercially reasonable efforts to correct errors or interruptions. In no event will Zumba be liable for any damages in excess of the Fees paid by Instructor during the six-month period preceding the date on which a claim arises.
13. Indemnification. Instructor agrees to indemnify, defend and hold harmless Zumba and the Zumba Related Parties from any and all losses, liabilities, damages and expenses (including attorneys’ fees and costs) as a result of any claims, demands, actions or other proceedings made or instituted by a third party which arises out of any (i) criminal and/or negligent acts of Instructor; (ii) breach by Instructor of this Agreement; or (ii) other act or omission of Instructor.
14. Nature of Services. Zumba classes or events may not be safe or appropriate for everyone. Any information Zumba may provide to Instructor through a Zumba training, in Zumba materials, or on Zumba’s website(s) regarding health and fitness is intended solely as educational aids and are not substitutes for medical advice. Instructor is encouraged to seek medical advice before providing the Services, or if Instructor experiences any medical condition affecting Instructor’s ability to provide the Services. Instructor must ensure that he/she complies with all applicable laws, regulations and ordinances governing the instruction of children in the country, state and locality where Instructor teaches. Zumba and the Zumba Related Parties assume no responsibility for any consequence relating directly or indirectly from any action or inaction of Instructor based on the information, services, or other material provided by Zumba. While Zumba strives to provide complete, up-to-date and accurate information on its website(s) and in other materials, Zumba and the Zumba Related Parties do not guarantee, and will not be responsible or liable for, any damage or loss related to the accuracy, completeness, or timeliness of such information. Instructor releases from liability, and holds harmless Zumba and the Zumba Related Parties for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by any person arising or resulting from Instructor’s provision of the Services. If Instructor is injured providing the Services, Instructor assumes any financial obligations for any medical costs Instructor may incur. Zumba assumes no responsibility for any medical expenses, injury, or damages suffered by Instructor, or Instructor’s students, in connection with the provision of the Services.
15. Notices. Any notice, request, demand or other communication given hereunder may be given to a Party at the addresses set forth below. Any notice or request hereunder must be given by registered or certified mail, return receipt requested; courier; or, e-mail.
If to Zumba: Chief Legal Officer, Zumba Fitness, LLC, 800 Silks Run, Suite 2310, Hallandale, FL 33009 E-mail: email@example.com
If to Instructor: To the email address on Instructor’s ZIN registration or on his/her profile page.
16. No Waiver & Reservation of Rights. Zumba’s failure to enforce a provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or other provisions hereof. Zumba reserves all rights not granted herein. To submit questions regarding this Agreement please visit the Contact Us page on zumba.com and select “Legal Compliance”.
17. Sharing of Student Personal Data. These terms apply to the names and email addresses of student’s who signed up for Instructor’s online classes through ZIN Studio™ (“Student Personal Data”) and agreed to allow Zumba to collect and share this Student Personal Data with you, the Instructor. For purposes of Applicable Privacy Laws (which, for the purpose hereof, means the California Consumer Privacy Act of 2018, as amended (“CCPA), the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), and any other data protection, privacy, data breach, or similar or related laws), Instructor acknowledges that Instructor and Zumba are each a separate and independent controller of the Student Personal Data. Instructor further acknowledges that Instructor does not and will not process Student Personal Data with Zumba as a joint controller. Instructor agrees to comply with all applicable obligations under all Applicable Privacy Laws (inclusive of the GDPR), and that Instructor is individually and separately responsible for Instructor’s own compliance and individually and separately liable for Instructor’s failure to comply.
Instructor shall process Student Personal Data only for the purposes of contacting them concerning Instructor’s Zumba® classes, provided such processing strictly complies with all Applicable Privacy Laws and Instructor’s obligations hereunder. Instructor shall comply fully with all Applicable Privacy Laws with respect to Instructor’s processing, use, transfer, and/or deletion of Student Personal Data. In the event Instructor receives a request from a student relating to Instructor’s processing, use, transfer and/or deletion of the Student’s Student Personal Data, Instructor agrees to promptly comply with such request in accordance with Applicable Privacy Laws. Without limiting the foregoing, Instructor agrees to promptly comply with any student request pursuant to Article 16 (Right to rectification), Article 17 (Right to erasure), or Article 18 (Right to restriction of processing) of the GDPR that relates in any way to the Student Personal Data. In the event Instructor receives a request from a student relating to Zumba’s processing of the Student’s Student Personal Data, Instructor agrees to (i) promptly notify Zumba of such request; (ii) direct the student to Zumba in order to enable Zumba to respond directly to the request; and (iii) reasonably cooperate with Zumba in responding to such request.