Free To Be Classroom Program - 3-5 Facilitators (40% discount) - Online Licence and Training
Free To Be Classroom Program - 3-5 Facilitators (40% discount) - Online Licence and Training
6 hours of research-based curriculum covered over 6 sessions.
25 page Student Activity Booklet where students complete diverse application activities that include role-playing, letter writing, collages, journaling and positive activism activities among others.
45 page comprehensive and scripted Facilitator Manual for successful delivery of the program.
Visually stimulating PowerPoint presentation to aid a deeper understanding of the material.
10 online training videos addressing current research surrounding positive body image, negative body image, technology and social media, and how to successfully and confidently facilitate the program
Downloadable surveys to gather feedback from students on program to enhance delivery and engagement.
Access to informative and helpful supplementary educational resources to deepen conversations as you facilitate the program.
On-going support for facilitation.
Please review the Free To Be Licence Terms and Agreement below prior to purchasing the program.
Licence Agreement
THIS AGREEMENT made as of the date of purchase as indicated in the online check-out.
BETWEEN:
FREE TO BE TALKS SOCIETY, a society duly incorporated under the laws of British Columbia with a registered office at 100 - 32160 South Fraser Way, Abbotsford, B.C., V2T 1W5 (the "Licensor")
AND:
NAME: [Your name will be entered here]
ADDRESS: [You will provide your address here] (the "Licensee")
BACKGROUND FACTS:
1. The Licensor is the developer and owner of the intellectual property rights to a school-based curriculum called Free To Be and all related materials thereto, which curriculum promotes positive body image and self-esteem in children and teenagers (the “Curriculum”). The Licensor intends to develop further materials and when complete and marketable, those further materials will also form part of the Curriculum.
2. The Licensee wishes to use the Curriculum in its classrooms for grades five, six, seven, and eight (the “Classrooms”), and the Licensor wishes to licence the Curriculum to the Licensee on the terms and conditions set out below.
NOW THEREFORE, in consideration of the premises and the mutual agreements and covenants herein contained (the receipt and sufficiency of which consideration as to each of the parties hereto is hereby mutually admitted), the parties hereto hereby covenant and agree as follows:
ARTICLE ONE – INTERPRETATION
1.1 Definitions. In this Agreement, the following terms shall have the following meanings in this Agreement:
"Agreement" means this agreement entitled "Licence Agreement" and all documents supplemental or in amendment or confirmation of this Agreement;
"Confidential Information" means know-how, technical data, inventions, improvements, training, trade secrets and other information relating to the Curriculum identified as being confidential by the Licensor or applicable disclosing party.
“Students” means students associated with the Licensee that are being taught the Curriculum by the Trainees. “Student” means any one of the “Students”.
“Trainees” means teachers, counsellors, parents and/or any other individuals associated with Licensee that have received training from the Licensor in relation to the use of the Curriculum. “Trainee” means any one of the “Trainees”.
1.2 Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of British Columbia and Canada.
1.3 Currency. All references to money amount herein, unless otherwise specified, shall be to currency of Canada.
ARTICLE TWO – GRANT OF LICENCE
2.1 Grant of Licence. Subject to the provisions of this Agreement, the Licensor hereby grants to the Licensee and the Licensee hereby accepts the non-exclusive right and licence to use the Curriculum in the Classrooms for the Term, as defined herein.
2.2 Covenant. The Licensor represents and warrants that it has the sole right to grant the rights and licences provided for in this Agreement.
2.3 Availability of Curriculum. The Licensor shall make the Curriculum available to the Licensee after one or more of the Licensee's Trainees complete the Training, as set out in Paragraph 5.1.
ARTICLE THREE – TERM & TERMINATION
3.1 Term. This Agreement shall be effective as of the day first indicated above, and shall continue in full force and effect for the period of two years or until terminated pursuant to the terms of this Agreement (the “Term”).
3.2 Termination for Unauthorized Distribution. This Agreement may be terminated immediately by the Licensor if the Licensee distributes the Curriculum to individuals other than the Trainees or Students, and the Licensee shall forfeit the Licence Fee contemplated in paragraph 4.1 upon such a termination.
3.3 Termination for Breach. In the event of a breach by either party of any provision of this Agreement, other than a breach contemplated in paragraph 3.2, the other party shall give written notice of such breach to the party responsible for such breach. In the event that the breach, other than a breach contemplated in paragraph 3.2, is not cured or corrected by the responsible party within fifteen (15) days of notice of breach being given, then the party so giving notice may elect to terminate this Agreement forthwith by notice in writing to the party responsible for such breach.
3.4 Events on Termination. Upon termination of this Agreement, the Licensee shall forfeit its right to use the Curriculum and any related Curriculum material provided by the Licensor. In the event of a termination of this Agreement for any reason, the Licensee shall return forthwith to the Licensor all Curriculum material in its possession or under its control.
ARTICLE FOUR – PAYMENT
4.1 Licence Fee. The Licensee will pay to the Licensor a one-time non-recoupable licence fee of $149.00 (the “Licence Fee”) for use of the Curriculum payable as of the date first above indicated.
ARTICLE FIVE – TERMS OF USE
5.1 Training. The Licensee acknowledges and agrees that its receipt and use of the Curriculum is contingent on the condition precedent that at least one Trainee in the employ of the Licensee receives training from the Licensor in relation to the use of the Curriculum. The Licensor will offer training to Licensees in an online training password protected portal.
5.2 Use of Curriculum. The Licensee acknowledges and agrees that only Trainees, and no other individuals, may use and teach the Curriculum for the duration of the Term. The Licensee further acknowledges and agrees not to print or distribute the Curriculum and/or related materials to individuals other than its Trainees or Students.
5.3 Conditions of Licensee. The Licensee acknowledges and agrees that as a condition of this Agreement, the Licensee shall:
(a) have Trainees and Students complete feedback forms prepared by the Licensor and return those forms to the Licensor at the Licensor’s request;
(b) discuss the Curriculum and/or Sessions generally with the Licensor through at least one (1) telephone conference at the Licensor’s request at any time during the Term.
5.4 Renewal conditions of Licensee. The Licensee acknowledges and agrees that as a condition of this Agreement for renewal, the Licensee shall:
(a) notify the Licensor by e-mail correspondence of the number of Students participating in the sessions in which the Curriculum is being taught (the “Sessions”);
(b) complete online feedback form about Curriculum and/or Sessions generally sent by the Licensor near the end of the Term;
ARTICLE SIX – ACKNOWLEDGEMENT, IMPROVEMENTS & CLAIMS
6.1 Acknowledgement of Ownership. The Licensee acknowledges that the Licensor is the sole owner of the Curriculum and any related Confidential Information relating to the Curriculum disclosed to, or acquired by, the Licensee.
6.2 Infringement by Third Parties. The Licensee shall notify the Licensor of any infringement or suspected infringement of the Curriculum and shall give the Licensor all such information and assistance, other than financial assistance, as the Licensor may reasonably require to enable such proceedings to be taken and prosecuted against the infringer or suspected infringer as the Licensor may in its discretion deem necessary or desirable.
ARTICLE SEVEN – CONFIDENTIALITY
7.1 Confidentiality. The Licensee covenants and agrees that it shall not disclose any aspect of the Curriculum or any Confidential Information obtained from the Licensor without the prior written approval of the Licensor.
7.2 Exclusions. The parties agree that, notwithstanding paragraph 7.1, the Licensee shall not be responsible for the release of Confidential Information that was:
(a) previously known to the Licensee prior to the date of this Agreement and which can be verified by independent evidence that the Licensee had such knowledge; or
(b) available to the general public or in the public domain prior to such disclosure;
ARTICLE EIGHT – INDEMNIFICATION AND INSURANCE
8.1 Indemnification of the Licensor. The Licensee agrees to save harmless and indemnify the Licensor and the Licensor’s respective directors, officers, shareholders, employees, servants, agents, administrators, trustees, successors and assigns, from all claims, demands, actions, causes of actions, losses, damages and liabilities of whatever kind or character, arising out of or in connection to any action or inaction of the Licensee in relation to this Agreement or otherwise.
8.2 Insurance. The Licensee acknowledges and agrees that it shall be responsible to obtain appropriate liability insurance in relation to its use of the Curriculum, and the Licensee shall include and expressly name the Licensor, Free To Be Talks Society of 7156 Satchell St., Abbotsford, British Columbia, V4X 2E3, as an additionally insured party in that liability insurance. The Licensee further agrees to save harmless and indemnify the Licensor and the Licensor’s respective directors, officers, shareholders, employees, servants, agents, administrators, trustees, successors and assigns, from all claims, demands, actions, causes of actions, losses, damages and liabilities of whatever kind or character, arising out of or in connection to the Licensee’s failure to obtain such insurance.
ARTICLE NINE – GENERAL
9.1 Relationship of the Parties. It is understood and agreed that this Agreement shall not constitute the parties hereto as partners nor create a joint venture between them and neither party shall be deemed to be a representative or agent of the other party.
9.2 Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assignable by either party hereto without the prior written consent of the other party, which can be unreasonably withheld.
9.3 Enurement. This Agreement shall enure to the benefit of and be binding upon the parties to this Agreement and their respective successors, personal representatives, executors, heirs and permitted assigns.
9.4 Further Assurances. The parties hereto shall with reasonable diligence do all such things and provide all such reasonable assurances as may be required to consummate the transactions contemplated hereby, and each party hereto shall provide such further documents or instruments required by the other party as may be reasonable necessary desirable to effect the purpose of this Agreement and carry out its provisions.
9.5 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same document.
9.6 Notwithstanding your acceptance of the terms of this Licence Agreement as Licensee, the Licensor may refuse to grant licence to the Curriculum in its absolute sole discretion. For clarity, the Licensee shall not be granted the licence contemplated hereunder until approval is given by the Licensor, which may be unreasonably withheld.
The parties hereto have indicated their agreement to this Agreement effective as of the date of purchase.