TURBO KICK® LIVE Instruction and Advertising Guidelines
For Gyms and Facilities Offering TURBO KICK LIVE Instruction
Welcome to TURBO KICK LIVE! We’re thrilled you’re engaging TURBO KICK LIVE Instructors to conduct TURBO KICK LIVE instruction in your gym or facility. Together, we can help your customers meet their fitness goals and lead happy, healthy and fulfilling lives!
We want you to be successful with the instructor training workshop and help you increase class participation and membership. For this reason, Beachbody, LLC (“Beachbody”) has created these Instruction and Advertising Guidelines (“Guidelines”) to give you a license to host and advertise your TURBO KICK LIVE classes along with important guidelines to remember which help protect the integrity of our world class brands. Here they are:
Current Active TURBO KICK LIVE Instructors Are The Key: The TURBO KICK LIVE program revolves around the TURBO KICK LIVE instructors and the training they have received, so it is critical for the safety of your members taking classes that only current active TURBO KICK LIVE Instructors conduct any TURBO KICK LIVE classes you offer.
Your Advertising Rights: The way in which you can advertise depends on whether the TURBO KICK LIVE Instructor conducting instruction at your facility is a current and valid member of Beachbody’s optional TURBO KICK PRO Team Membership (“PRO Team Member”). TURBO KICK LIVE Instructors who become PRO Team Members obtain more extensive rights and licenses to advertise themselves as TURBO KICK LIVE Instructors and their facilities as offering TURBO KICK LIVE classes. You can check whether a TURBO KICK LIVE Instructor is a PRO Team Member by using the “Find A Class/Instructor” feature on BeachbodyLIVE.com. Here are some additional advertising guidelines to remember:
Is the TURBO KICK LIVE Instructor at Your Facility a PRO Team Member?
- No – If your TURBO KICK LIVE Instructor(s) is not a TURBO KICK PRO Team Member, then you can:
- Name classesduring which TURBO KICK LIVE Instruction is conducted by a TURBO KICK LIVE Instructor, “TURBO KICK.”
- Use the text word “TURBO KICK™” on class schedules.
If you wish to use the TURBO KICK logos and exclusive advertising methods below, you should encourage your TURBO KICK LIVE Instructor to become a TURBO KICK PRO Team Member. Please note that once you no longer have a TURBO KICK LIVE Instructor conducting TURBO KICK instruction at your facility, you must immediately cease using the TURBO KICK trademark and any advertising of the TURBO KICK Program.
- Yes – If your TURBO KICK LIVE Instructor is a TURBO KICK PRO Team Member, then you can use advertising materials that a TURBO KICK PRO Team Member provides to you which he or she validly received directly from Beachbody. These materials may include TURBO KICK trademarks and logos (“Marks”), business cards, e-mail templates, class or gym passes, postcards and posters (collectively with Marks, “Advertising Materials”). You can use the Advertising Materials only as they are provided to you and solely to promote your facility as offering TURBO KICK LIVE classes as described in these Guidelines. Please note that once you no longer have a TURBO KICK PRO Team Member conducting TURBO KICK LIVE classes at your facility, you must immediately cease using the Advertising Materials and any advertising described below since this is only reserved for facilities with TURBO KICK PRO Team Members. Here are some guidelines on using the Marks and Advertising Materials in various media; please note that you will have sole responsibility for the content, compliance and accuracy of any and all of your advertising methods and materials:
- Printed Materials and E-mail.
- Promotional Materials. You may use the Marks on the supplied PRO Team Marketing Materials (flyers, posters, e-mail and printed promotional materials) to promote your facility as offering TURBO KICK LIVE Instruction. All use of the Marks on such materials must include a trademark symbol (e.g., TURBO KICK™) and where applicable, trademark notice in the following form: “TURBO KICK is a trademark of Beachbody, LLC, used under license.” When using the Marks in electronic mail, you must adhere to all applicable laws governing e-mail advertising and marketing, including CAN-SPAM.
- Describing Your TURBO KICK LIVE Classes. You may not use the Marks in combination with any other trademarks, service marks or other terms. For example, you may not refer to a class using the expression TURBO KICK-Abs or Beginner TURBO KICK, and you may not identify another brand, such as, TURBO KICK + Zumba or TURBO KICK Spinning. However, you may use the Marks followed by descriptive words, for example, TURBO KICK (followed by ab crunches!) or TURBO KICK (for newbies).
- No Titles in Newsletters or Publications. You may not use any of the Marks, in whole or in part, as the title of a newsletter or other printed or online publication.
- Website; Social Media. You may use the Marks on your facility’s business websites and social media sites, as follows:
- Trademark Notice. All use of the Marks on websites must include a trademark symbol (e.g., TURBO KICK™) and where applicable, trademark notice in the following form: “TURBO KICK is a trademark of Beachbody, LLC, used under license.”
- Link to www.BeachbodyLIVE.com. The website should include a hyperlink on the home page to the Beachbody LIVE official website, www.BeachbodyLIVE.com.
- Internet Videos. You may use the TURBO KICK-related videos that Beachbody makes available on its YouTube Beachbody LIVE Channel to promote your facility as offering TURBO KICK LIVE classes. In addition, you may create promotional Internet videos of up to 5 minutes in length which feature a PRO Team Member demonstrating a TURBO KICK LIVE class or exercise routines.
- Releases. You should obtain appropriate written releases and permissions from any person(s) you feature in your videos.
- Title. If you use a title for your video, then the title should be “TURBO KICK LIVE classes at [your facility’s name].”
- Live Online Instruction. If you want to conduct live online instruction of TURBO KICK LIVE fitness classes featuring a PRO Team Member, you must first obtain express written permission from Beachbody. If you receive permission from Beachbody, please note the video may not be recorded and posted publicly.
- Radio and Television. You may not use the Marks in radio or television advertising without obtaining Beachbody’s prior written consent.
- News Coverage. You may promote your facility as offering TURBO KICK LIVE instruction through live news coverage or print news media, such as newspapers and magazines, by any mainstream news organization or print publisher, provided, however, that (i) you must inform such organization or publisher of Beachbody’s trademark usage guidelines (available by e-mailing CertificationCompliance@Beachbody.com), and (ii) with respect to live news coverage, such coverage shall not include more than ten (10) minutes of TURBO KICK LIVE classes without Beachbody’s prior expressed written consent. You must notify Beachbody of any such news coverage or promotion and, if possible, provide Beachbody with a copy of the article or the footage for such news coverage, as appropriate.
- A Note About Music. PRO Team Members may receive music from Beachbody which Beachbody has licensed from applicable third parties. This license only allows PRO Team Members to play the music during TURBO KICK LIVE classes, provided that your facility has also obtained a valid public performance music license. For more information on public performance licenses, please visit the appropriate music licensing authority in your home jurisdiction (in the U.S., you may visit ASCAP, BMI or SESAC). Any other use is strictly prohibited. You understand that you, and not Beachbody, will be responsible for your improper use of any music (including any music you receive from a PRO Team Member or Beachbody) in any manner such as on your websites, social media sites and in Internet videos.
Here are some general restrictions to remember with the TURBO KICK LIVE Program.
- Multiple PRO Team Members at Your Facility. The benefits and exclusive rights of the TURBO KICK PRO Team Membership are only available to TURBO KICK LIVE Instructors who are PRO Team Members, so please ensure that TURBO KICK LIVE Instructors who are not PRO Team Members are not using the benefits of PRO Team Membership (including any Advertising Materials) since this would violate our copyrights.
- No Inappropriate Use of Advertising Materials. You may not copy, reproduce, duplicate, create derivative works of, distribute, sell or otherwise disseminate any Marks or other Advertising Materials, except as expressly stated above. In addition, please do not change or alter the form or appearance of the Marks or Advertising Materials, including the size, color or font. To be safe, you should use the Advertising only as Beachbody provided them.
- No Registrations, Domains, SEO, SEM, IDs, Social Media Names. You are expressly prohibited from: (i) registering TURBO KICK, the Marks or any other Beachbody trademarks in any domain names or other forms of intellectual property or Internet designations; or (ii) using TURBO KICK, the Marks or any other Beachbody trademarks for search engine optimization (SEO), search engine marketing (SEM), or in any account name, user ID or other handle within any blogs, social networking websites, or any “posting” sites including (for example only) Facebook, YouTube, MySpace, BlogSpot, Flickr, or Twitter; or (iii) using any of these materials as the numbers/designations within a phone number (for example, 1-800-BUY-TURBO KICK).
- No Merchandise. You may not create or distribute any merchandise (such as clothing, bags, hats, etc.) or other promotional items using the Marks.
- No Using TURBO KICK DVDs or Recording TURBO KICK LIVE Classes. Since TURBO KICK LIVE classes require the personal attention of your TURBO KICK LIVE Instructor, you may not play the TURBO KICK DVDs during a TURBO KICK LIVE class or otherwise duplicate, exhibit or distribute them as that would violate our copyrights. In addition, you may not record or videotape any TURBO KICK LIVE classes (except as stated above) unless you have written permission from Beachbody.
- Disparagement. You may not include any offensive or distasteful content in your facility, websites or videos which Beachbody determines would dilute, disparage, or be otherwise detrimental to the Marks, Advertising Materials or the TURBO KICK or Beachbody brand.
- No Unauthorized Claims/Statements. You may not make any claims or statements as to therapeutic, curative, or diagnostic properties of TURBO KICK except those specific claims contained in official Instructor Program guide or literature, or on the TURBO KICK LIVE website.
Help Protect Our Intellectual Property! To help maintain our unique brand and the distinct value in the TURBO KICK LIVE classes you are offering at your facility, please let us know when you see or hear of any person or entity using our Marks and Advertising inappropriately by e-mailing us at CertificationCompliance@Beachbody.com.
Want to get more instructors authorized to teach TURBO KICK LIVE classes or have your TURBO KICK LIVE Instructors join TURBO KICK PRO Team? Go to www.BeachbodyLIVE.com. Or call our Beachbody LIVE Hotline at 1 (888) 247-1940!
Thanks for your interest in supporting TURBO KICK LIVE!
Limited License. By engaging a TURBO KICK LIVE Instructor to offer TURBO KICK LIVE instruction, Beachbody grants you a personal, non-transferable, revocable, limited, non-exclusive and non-sublicensable license to use the Marks, and if you have a PRO Team Member conducting instruction at your facility, Advertising Materials only as provided to you and solely to promote your facility as offering TURBO KICK LIVE Instruction in accordance with these Guidelines.
Ownership. You acknowledge and agree that Beachbody is and at all times will be the sole owner of (i) all trademarks (including TURBO KICK), trade names, trade dress, logos, other indicia of origin, designs, inventions, patents, original works of authorship and other copyright-protected materials, trade secrets, methods and processes, concepts, ideas, know-how, and other intellectual property or proprietary information Beachbody owns and/or uses on or in connection with its products, services and/or business, including the TURBO KICK LIVE program, Marks and any Advertising Materials that may be provided to or accessible by you (collectively with Advertising Materials, “Beachbody Intellectual Property”); and (ii) all DVDs, CDs, products, advertisements, promotional or marketing materials, still and moving images and other recorded material (including digital and other forms of material), text, prints, packaging, and any other materials Beachbody owns and/or uses on or in connection with its products, services and/or business including the TURBO KICK LIVE program (collectively with Beachbody Intellectual Property, “Beachbody Materials”). You agree not to do anything inconsistent with Beachbody’s sole and exclusive ownership of the Beachbody Materials. Nothing in these Guidelines shall be construed as a transfer or assignment of any rights to you. Any and all use by you of the Beachbody Materials, including any goodwill arising therefrom, shall inure to the sole benefit of Beachbody. You agree that you will not make any modification to any Beachbody Materials, or use, exploit, or exhibit any Beachbody Materials except as expressly authorized in writing by Beachbody.
Termination. This license will automatically terminate at any time: (i) you cease having a TURBO KICK LIVE Instructor at your gym or facility; (ii) you cease doing business or are required to cease doing business by any governmental or regulatory authority; (iii) you violate any terms or conditions in these Guidelines; or (iv) you take any action or conduct deemed by Beachbody in its sole and absolute discretion to be detrimental to Beachbody, the Advertising Materials or the TURBO KICK brand, products and services. In addition, you acknowledge and agree that Beachbody has the right to immediately terminate these license rights for any reason. Upon termination, you must immediately cease any and all promotion and hosting of TURBO KICK LIVE instruction, and any and all use of the Marks and Advertising Materials, and promptly delete the same from your systems and records, and return them to Beachbody.