Active Release Techniques License Agreement

This License Agreement and Terms and Conditions (the “Agreement”) governs Your use of ART’s Active Release Techniques® treatment methods (the “ART Methods”), ART’s curriculum materials (the “ART Materials”), and ART’s ART®, ACTIVE RELEASE TECHNIQUES®, and ART® CERTIFIED PROVIDER™ trademarks (the “ART Marks”) upon your enrollment in an ART Seminar (the “Seminar”).

 

PLEASE REVIEW THIS AGREEMENT CAREFULLY PRIOR TO COMPLETING REGISTRATION.

 

BY CHECKING “AGREE” ON THE PURCHASE PAGE, YOU ENTER A LEGALLY-BINDING AGREEMENT THAT:

1. Your receipt of the Materials for the Seminar and entry to the Seminar is sufficient legal consideration for the representations, covenants, and restrictions of the Agreement.

2. Conditioned upon your acceptance of the Agreement and enrollment in the Seminar, ART grants you a limited, terminable, non-exclusive, non-transferable, non-sublicensable license to access and use the ART Materials and the information, protocols, and methods contained therein for Your own personal education and to treat individual customers of Your practice.

3. You will not:

• Copy or distribute any portion of the ART Materials.
• Teach, record, publicly perform, instruct, train, educate, or otherwise demonstrate any of the content contained in the ART Materials.
• Modify or prepare derivative works of the ART Materials or any portion thereof.

4. Conditioned upon Your attendance throughout the entirety of the Seminar and achievement of a passing score on the Seminar exam, ART grants You a limited, non-exclusive, non-transferable, non-sublicensable, terminable license to use the ART Marks in connection with Your professional practice (the “License”).

5. ART has sole discretion to determine whether to grant You the License, including determining whether to certify You as an ART Certified Provider and the level of certification granted.

6. For 2026 seminars, the License automatically terminates December 31, 2027. For 2027 seminars, the License automatically terminates December 31, 2028. You will immediately cease any and all use of the ART Marks upon termination of the License, including without limitation any alleged fair or descriptive use of the ART Marks, unless You renew the License through attendance at a subsequent ART Seminar.

7. You will maintain all required state license(s) and malpractice insurance policy(ies) throughout the term of the License.

8. ART owns all right, title, and interest in and to the ART Marks, the ART Methods, and the ART Materials, and Your use of the ART Marks shall inure to the benefit of ART.

9. You will not attack, challenge, oppose, nor assist others to attack, challenge, or oppose any ART intellectual property (“ART IP”), including without limitation the ART Marks, ART Methods, and ART Materials.

10. All of Your materials that display one or more of the ART Marks will:

• Use the proper trademark symbol(s) with the marks (ART®, ACTIVE RELEASE TECHNIQUES® or ART® CERTIFIED PROVIDER™).
• Clearly and conspicuously identify You or Your practice as the healthcare professional or clinic or office providing the advertised services.
• Comply with all ART brand and trademark usage guidelines as may be issued by ART from time to time.
• Be furnished to ART for inspection within 10 days of ART’s request to You for Your materials that display one or more of the ART Marks.

11. You will NOT use the ART Marks:

• As part of any corporate or business trade name;
• With any prefix, suffix, or other modifying words, terms, marks, designs, or symbols, except as necessary to identify or describe Your specific ART certifications;
• In connection with providing or selling any products or services except for ART treatment;
• As part of any domain name, URL, email address, homepage, or electronic address;
• In any manner likely to cause confusion, or to deceive or mislead, as to the extent of Your relationship with ART or as to Your level of ART certification;
• In any manner that tarnishes or disparages ART or otherwise brings ART or the ART Marks into disrepute; or
• In any other manner not expressly authorized by this Agreement.

12. You will NOT use any ART logo or design mark, including without limitation ART’s “house” (primary) logo, except for those ART Certified Provider logos and design marks provided to you upon confirmation of a passing score for the Seminar.

13. You will NOT use the ART Marks or any of the ART Methods in connection with marketing, selling, providing, or offering to provide ART treatment to businesses, including without limitation corporations, LLCs, LLPs, partnerships, utilities, companies, government entities, or any other type or form of business, non-profit, or governmental entity, except as may be authorized in a separate written agreement between You and ART. This provision survives termination of this Agreement. Notwithstanding the foregoing, You may use the ART Marks and the ART Methods in connection with providing ART treatment to professional or amateur sports teams or leagues and at professional or amateur sporting events.

14. You will NOT use the ART Marks or any of the ART Methods in connection with any educational or instructional services of any kind, nor will You instruct others or otherwise teach the Methods to anyone, except as may be authorized in a separate written agreement between You and ART. This provision survives termination of this Agreement.

15. You may record portions of the Seminar for your own personal use only. You agree that you will not publish, share, or distribute images or videos of instruction at the Seminar without the prior written consent of ART. You shall follow instructions or requests from ART personnel and fellow Seminar attendees pertaining to recording, including instructions/requests to exclude certain persons from recordings or to cease recording altogether.

16. Upon shipping the Materials to You and permitting You entry into the Seminar, ART has no further obligations to You in connection with the Seminar and disclaims any and all other obligations or warranties except those required under the laws of the State of Colorado.

17. You have not enrolled in the Seminar for any improper purpose, such as to gain access to ART IP for purposes prohibited by this Agreement.

18. You have all legally-required malpractice insurance and all necessary license(s) conferred by the proper government authority(ies) to perform the ART Methods on others in all jurisdictions where You will perform or practice the ART Methods.

19. You are not and have never been a registered sex offender, nor have you ever been sanctioned by any authority, agency, or governing body, nor terminated from any position for sexual harassment or any other overt sexual act.

20. You will defend, indemnify, and hold ART harmless against any and all claims, demands, lawsuits, or other action(s) arising from or relating to your professional practice, your use or misuse of the ART Marks or any other ART intellectual property, or your breach of this Agreement.

21. Any unauthorized use of ART IP by You will cause ART irreparable harm and entitle ART to preliminary injunctive relief, in addition to all other remedies available at law or equity. You also agree that in the event of Your breach of the trademark provisions of this Agreement, damages to ART will be real but difficult to calculate, and that ART may therefore collect liquidated damages in the amount of $100.00 (USD) for each calendar day that You are in breach of said provisions.

22. In any action arising out of this Agreement or alleged breach by You of this Agreement or Your unauthorized use of ART IP, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs, including all such fees and costs as may be apportioned to time spent on the action by ART’s legal department.

23. ART may terminate this Agreement immediately upon Your breach of this Agreement, termination for cause or voluntary surrender of any state-issued chiropractor, therapist, or medical license issued to You, or Your incarceration.

24. This Agreement supersedes any express or implied agreement between You and ART, except for those agreements reduced to writing and signed by an authorized ART representative.

25. This Agreement shall be construed in accordance with the laws of the State of Colorado.

26. If any provision or subpart thereof is deemed to be unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect.

27. You hereby irrevocably submit to the exclusive jurisdiction of the federal district courts located in Denver, Colorado, or the courts located in the County of El Paso in Colorado Springs, Colorado, for any dispute, claim, or controversy arising from or related to this Agreement, including without limitation disputes, claims, or controversies arising from Your unauthorized use of ART IP.

28. ART’s failure(s) to enforce any provision(s) of this Agreement on any one or more occasions shall in no event waive or impair any right of ART on any future occasion.

29. The provisions of this Agreement which expressly state or by their nature survive termination, together with all provisions related to unauthorized use of ART IP, shall survive termination of this Agreement.