FFIA Affiliate Agreement

Francis Fong Instructor Association AFFILIATE AGREEMENT

RECITALS

WHEREAS affiliate operates a martial arts academy and wishes to participate in the rights and benefits associated with membership in FFIA; and

 

WHEREAS affiliate wishes to do so through association with Affiliate, who is a member of FFIA; and

 

WHEREAS FFIA and Affiliate wish for affiliate to participate in the rights and benefits associated with membership in FFIA, and to do so through association with Affiliate.

 

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereby agree as follows.

 

Article I

RIGHTS AND RESPONSIBLITIES

 

Section 1: Fees

Affiliate agrees to pay a monthly fee of $150.00 to FFIA by automatic electronic funds transfer.

 

Section 2: Single Location

This agreement between Affiliate and FFIA entitles Affiliate to the rights described hereunder at a single location only which location is specified in Paragraph 1 of this Agreement. The rights described hereunder apply only to the listed location and nowhere else. Should Affiliate desire to obtain affiliate status at some other or additional location, Affiliate must apply to FFIA for an entirely separate affiliate agreement which shall be subject to the then prevailing FFIA terms and conditions including fees.

 

Section 3: Academy Growth and Stability 

The affiliate agrees to run a stable training location with a consistent number of active students in the location listed. FFIA encourages all affiliates to remain active in supporting an acceptable number of students given their location and territory. In addition, FFIA reserves the right to terminate association status should active enrollment fall below acceptable standards. 

 

Section 4: Instructor Rank

1. If the affiliate’s Primary Instructor does not hold the rank of Instructor or higher under the FFIA System, then Affiliate agrees that the Primary Instructor will actively pursue FFIA training with the goal of reaching the rank of Instructor. Affiliate agrees, understands and acknowledges that Sifu Francis Fong is the only individual authorized to issue the certification as a FFIA Instructor and that the additional training required to become certified as a FFIA Instructor will require additional fees for training, as well as travel and other related expenses which are not included in the regular monthly fees specified in this agreement.

 

2. Regardless of the rank of affiliate’s Primary Instructor, FFIA may require a review of the Primary Instructor’s current rank and abilities. The review will be conducted by an individual designated by FFIA . Based on the review, FFIA may require the Primary Instructor to undertake a training plan (possibly including additional reviews) to assist the Primary Instructor in learning the FFIA curriculum and improving his/her abilities. The Affiliate agrees to pay reasonable fees and expenses as may be required to conduct the review and/or to undertake the required additional training.

 

Section 5: Training Camps

Affiliate agrees that its Primary Instructor will attend a minimum of one FFIA training camp each year. FFIA encourages instructors to bring students to training events as an important learning experience. Such attendance by students constitutes an important learning experience for the student and demonstrates Affiliate’s support for FFIA. Fees for FFIA training camps are not included in this Agreement and constitute a separate obligation of the Affiliate.

 

Article II

RANK AND PROMOTION

 

Section 1: General Guidelines

Specifics on rank and promotion can be provided by Affiliates. Gererally:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2: Rank Certification

Upon successful completion of a rank test a certificate from the FFIA will be provided for the testing student. Both Sifu Francis Fong and the Affiliate Primary Instructor shall sign the certificate showing the official lineage of the testing student in the FFIA.

 

Section 3: Rank Exclusivity 

In no case shall any member of Affiliate’s staff accept what purports to be FFIA rank from anyone other than an active FFIA member in good standing and authorized to issue such rank by Sifu FRANCIS FONG.

 

Section 4: Active Membership

Affiliate agrees to ensure that in order to attain rank of student phase 1 higher in the FFIA an individual must be an active member in the FFIA. Once rank is achieved properly in the FFIA under Sifu Francis Fong it will always be recognized and documented by the FFIA.

 

Article III

GENERAL GUIDELINES

 

Section 1: Curriculum and Etiquette

Affiliate agrees to abide by and teach the curriculum of the FFIA. Affiliate also agrees to follow the rules of etiquette of the FFIA. In order to facilitate this requirement, Affiliate agrees to read, become familiar with and abide by both the FFIA curriculum and rules of etiquette. Application and acceptance into the FFIA constitutes Affiliate’s warranty and representation that all of its students and instructors have read and are willing to abide by the FFIA curriculum and rules of etiquette.

 

Section 2: Promotion Efforts

The affiliate may submit information and updates regarding its academy to the FFIA for inclusion on the FFIA website. affiliate academy information will be promoted along with FFIA advertising and/or marketing efforts.

 

Section 3: Affiliate Website

The affiliate agrees to maintain an active website about its academy. Such website shall include a dedicated page with information about its affiliation with the FFIA and the Affiliate. Additionally, the lineage of the Affiliate Primary Instructor must be clearly displayed along with a copy of the official Certificate of Affiliation from the FFIA for the Affiliate. Any necessary artwork and content will be supplied to the Affiliate for this posting.

 

Section 4: Visiting Members

The affiliate agrees to welcome visiting, properly verified members of the FFIA and to allow them to train at no charge when possible. The FFIA and the terms of this section contemplate no limitation of the affiliate’s business or financial freedom. Ongoing training by a visiting member may be subject to normal fees at the affiliate’s discretion. By welcoming visitors the FFIA hopes to strengthen relationships within our organization and our team.

 

Section 5: Termination by FFIA

FFIA reserves the right to terminate this agreement at any time, removing the affiliate from the association, if the affiliate is found to be in violation of the terms of this agreement. FFIA also reserves the right to terminate this agreement if the affiliate no longer represents FFIA in an acceptable manner. In the event of such termination all association fees and benefits defined under this agreement will cease and any fees already paid will be retained by FFIA. After such termination, Affiliate will no longer be permitted to publicly display any FFIA markings or logos nor use the FFIA training materials and curriculums.

 

Section 6: termination by Affiliates

Affiliate may withdraw from and terminate this Agreement at any time by submitting written notice to FFIA. Withdrawal from this agreement by the Affiliate shall terminate all future rights and obligations under this Agreement. In the event of such termination, all association fees and benefits defined under this agreement will cease and any fees already paid will be retained by FFIA. After such termination, Affiliate will no longer be permitted to publicly display any FFIA markings or logos nor use the FFIA training materials and curriculum. In the event of such termination, Affiliate shall make it clear to the public that it is no longer an affiliate of FFIA nor a member of the Association.

 

Section 7: Notices and Primary Instructors

Notices and communications shall be delivered to the following addresses:

 

If to FFIA: Francis Fong Instructor Association

3780 Old Norcross Rd. Suite 103 #542

Duluth, GA 30096

 

Secrion 8: Change of Address 

Any party may change its address for the purpose of Section 8 above by giving written notice of such change to the other parties.

 

Section 9: Choice of Law

This agreement shall be interpreted and governed in accordance with Georgia law, without regard to its conflict of laws provisions.

 

Section 10: Counterparts

This agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument. 

 

Section 11: Modifications

Any modifications or amendments to this agreement shall be in writing and shall be signed by the parties hereto.

 

Article IV

PROTECTION AND LIABILITY

 

Section 1: Release and Liability

The affiliate and any students and instructors agree to file no suit against the FFIA or the Affiliate, or any of their respective employees, members, instructors, or students, for conduct occurring within the affiliate’s academy. The FFIA and the Affiliate assume no responsibility for any conduct in any affiliate academies. Any misuses of training equipment or injuries which occur during training or competition are in no way the fault or responsibility of the FFIA or the Affiliate. This Agreement creates no responsibility on the part of the FFIA or the Affiliate for any conduct within or relating to the affiliate, any affiliate academy, any members, or any instructors, nor any loss of property which may occur therein.

 

Section 2: Insurance

Affiliate shall obtain and maintain general liability insurance with a carrier having an A.M. Best Rating of at least A in the amount of at least One Million Dollars ($1,000,000.00) per occurrence. Affiliate shall ensure that, at a minimum, affiliate and its instructors are listed as “named insureds” on the insurance and that Affiliate and FFIA are listed as “additional insureds,” and shall obtain a waiver of its insurer’s right of subrogation against its instructors, Affiliate, and FFIA. On or before ten (10) days from the acceptance of this agreement by FFIA, affiliate shall submit to FFIA a certificate evidencing the required insurance which states that thirty (30) days notice of cancellation or modification of the required insurance will be given to affiliate and FFIA. Affiliate shall provide a copy of the policy to FFIA upon request. Affiliate shall be responsible for deductible payments, if any, under the insurance.

Article V

LICENSING AGREEMENT

 

Section 1: Use of Sifu Francis Fong Imagery

The affiliate is only allowed to use the imagery, name and likeness of Sifu Francis Fong or the FFIA as approved by the FFIA. The affiliate is not allowed to create merchandise for sale with FFIA imagery/branding without clear and prominent display of the affiliated location in conjunction with ANY FFIA imagery. ALL materials created by the affiliate for purpose of marketing or resale that reference or use FFIA imagery must be approved by the FFIA prior to distribution or public viewing.

 

Section 2: Use of Francis Fong Instructor Association Name, Likeness or Imagery

The ONLY approved artwork provided for affiliate use is the FFIA logo.

AFFILIATE SIGNATURE AND ACCEPTANCE

By clicking on the [I Agree] button, I accept all responsibilities set forth and discussed in this FFIA – Affiliate Agreement. I accept and acknowledge that the FFIA and Francis Fong assume no liability arising from any bodily injury, damage to property or other loss and any consequence thereof, whether known or unknown, resulting from my own or my students’ or instructors’ participation in FFIA.

*all cancellation requires 30-day advance written notice**

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