BY THE BAY KINESIOLOGY® | EMOTIONS AND METAPHYSICAL KINESIOLOGY ONLINE TRAINING PARTICIPANT NON-DISCLOSURE AGREEMENT
This document is a legally binding agreement between:
By The Bay Kinesiology Pty Ltd (ABN 20 698 792 602), trading as By The Bay Kinesiology® and the Emotions and Metaphysical Kinesiology™ Modality ("BTBK" or "Disclosing Party")
AND
the Emotions and Metaphysical Kinesiology Online Training Participant (“Training Participant”) named below.
The Training Participant hereby agrees to the following:
Confidentiality, Copyright and Intellectual Property (IP)
The Training Participant, including their employees, contractors, or associates, agrees not to use, disclose, or permit the use or disclosure of any confidential information related to the Courses, Programs, Masterclasses, Mentoring, Manuals, Products, Services, Methods, Systems, Protocols, Resources or Intellectual Property of Denise Robinson, BTBK, and the Emotions and Metaphysical Kinesiology (“EMK”) Modality, either during or after the term of this Agreement, without the prior written consent of BTBK.
The Training Participant must also take appropriate precautions to prevent the communication or distribution, in any form of such confidential information to any third party.
The Training Participant acknowledges and agrees that all Intellectual Property, course materials, manuals, recordings, resources, systems, protocols, trademarks, copyright works and educational content provided during their study are and remain the exclusive property of Denise Robinson and BTBK. All rights are reserved.
For the purposes of this Agreement, "Intellectual Property Rights" includes all copyright, trademarks, business names, trade secrets, confidential information, know-how, proprietary methodologies, designs, manuals, educational materials and all other rights recognised by statute, common law or equity anywhere in the world.
The Training Participant is strictly prohibited from reproducing, copying, sharing, recording, distributing, transmitting, uploading, publishing, selling, sublicensing, adapting, modifying, reverse engineering, disclosing or otherwise using any Intellectual Property or confidential information in any form whatsoever, whether verbal, written, electronic, digital, mechanical or otherwise, including by email, photocopying, scanning, screen recording, audio recording, video recording or any other means, without the prior written consent of BTBK. All materials, resources and Intellectual Property provided by BTBK are supplied solely for the Training Participant's personal educational and practitioner use.
The Training Participant must not upload, input, process, analyse, summarise, reproduce, adapt, translate, generate derivative works from, or otherwise use any BTBK or EMK materials, content, manuals, recordings, protocols, methodologies or Intellectual Property within any artificial intelligence (AI), machine learning, large language model, generative AI platform, chatbot, content generation system or similar technology. The Training Participant further agrees not to use any BTBK or EMK materials, content, manuals, recordings, protocols, methodologies or Intellectual Property for the creation, delivery or support of any course, workshop, training program, masterclass, mentoring program, online learning program or other commercial educational offering without the prior written consent of BTBK.
Governing Law
This Agreement is governed by the laws of Victoria, Australia. Any claim relating to this document must be submitted to the exclusive jurisdiction of the Courts of Victoria, Australia.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.