CrossFit Discussion Board  

Go Back   CrossFit Discussion Board > Community > Running a CrossFit Facility
CrossFit Home Forum Site Rules CrossFit FAQ Search Today's Posts Mark Forums Read

Running a CrossFit Facility Tips and guidance on how to open and operate a CrossFit gym.

Reply
 
Thread Tools
Old 05-27-2010, 10:10 PM   #1
Mike Wright
Member Mike Wright is offline
 
Mike Wright's Avatar
 
Profile:
Join Date: Oct 2007
Location: Spokane  WA
Posts: 411
New Level 1 License Agreement

When the Level 1 cert changed to include a test / accreditation / etc, the license agreement that comes with it changed as well. It appears to be updated to address several legal issues that cropped up in the past. But the change I found most interesting is section B:

(B) "in connection with certain fitness, strength and conditioning training, nutritional practices and related services consistent with the principles of CrossFit, Trainer shall not conduct any training that purports to use CrossFit methods or principles unless such training is, in fact, consistent with the philosophy, teachings, and practices of CrossFit."

What does this addition allow that wasnt allowed before? It seems to imply that we are able to train in a limited capacity without being affiliated, where as before we were limited to listing a CF cert on a business card, bio, etc. Does anyone else see it differently?
  Reply With Quote
Old 05-27-2010, 10:44 PM   #2
Aaron Cheateaux
Affiliate Aaron Cheateaux is offline
 
Profile:
Join Date: Jan 2010
Location: Oahu  HI
Posts: 20
Re: New Level 1 License Agreement

I'm not the smartest with legal-ese, but what I get out of that is the following: I can't advertise I'm conducting CrossFit classes and then when folks show up, but a session of Zumba with some bicep curls thrown in for good measure.

My two cents, inflation may make that vary.

Aaron
  Reply With Quote
Old 05-28-2010, 08:18 AM   #3
Mike Wright
Member Mike Wright is offline
 
Mike Wright's Avatar
 
Profile:
Join Date: Oct 2007
Location: Spokane  WA
Posts: 411
Re: New Level 1 License Agreement

So then stated in the positive: I can advertise I'm conducting CrossFit classes...as long as the class is CF.
  Reply With Quote
Old 05-28-2010, 01:50 PM   #4
Joey Powell
Member Joey Powell is offline
 
Profile:
Join Date: Oct 2006
Location: Prescott  AZ
Posts: 569
Re: New Level 1 License Agreement

no unless you are an affiliate...
  Reply With Quote
Old 05-28-2010, 02:25 PM   #5
Mike Wright
Member Mike Wright is offline
 
Mike Wright's Avatar
 
Profile:
Join Date: Oct 2007
Location: Spokane  WA
Posts: 411
Re: New Level 1 License Agreement

Legal documents state what is NOT allowed; therefore, the contrary is what IS allowed.

"Trainer shall not conduct any training that purports to use CrossFit methods or principles unless such training is, in fact, consistent with the philosophy, teachings, and practices of CrossFit."

Therefore...

"Trainer can conduct any training that purports to use CrossFit methods or principles if such training is, in fact, consistent with the philosophy, teachings, and practices of CrossFit."

Note that it does not end this section with the statement "That right is reserved for licensed CF affiliates only" as it does with other sections.

Earlier in the agreement it also states:

"In consideration of the importance that the Level 1 Trainers play in spreading the Crossfit programs and philliosphy to the wider public, this limited license is granted to all level 1 trainers upon successful completion of the requirements for receiving a Crossfit Level 1 Trainer Certificate"

If the rule is the same as it was before the Level 1 change, why insert this statement?
  Reply With Quote
Old 05-29-2010, 06:51 AM   #6
Dale F. Saran
CrossFit Staff Dale F. Saran is offline
 
Dale F. Saran's Avatar
 
Profile:
Join Date: Dec 2005
Location: Westerly  RI
Posts: 559
Re: New Level 1 License Agreement

Mike:

Since I'm the guy that wrote the agreement, let me offer some intepretation (and a more general legal principle that you have inverted) - as opposed to the criminal law maxim that "everything not prohibited is allowed" - license agreements work the exact opposite way: "anything not specifically licensed is not allowed."

Affiliates are the only ones who can use the name for advertising and marketing, as per the terms of the Affiliate License Agreement - they are specifically paying an annual fee to do so. Level I's get the knowledge of the CF methodology for their one time seminar fee and the limited ability to say they are a Level I on a business card and/or bio/resume. Back when, Level I's did not even get that limited right. That was a very limited concession that the lawyers (like me) agreed to after discussions with the seminar folks based upon feedback from the community.

Otherwise, the entire reasons for the Affiliate program would be undercut if a Level I could simply do whatever they want and advertise in any fashion. It would also lead to rampant unlicensed use of the trademark (which is bad from a legal standopint).

Hope that answers your questions and concerns.

Cheers,

Dale
(CF Legal Guy)

P.S. Joey - I need some help moving on the weekend right before 4th of July to my place in Scottsdale. Free non-Zone friendly libations and chow. The bad news is I may have an upright piano and my apartment is on the second floor.

Last edited by Dale F. Saran : 05-29-2010 at 06:53 AM.
  Reply With Quote
Old 05-29-2010, 03:15 PM   #7
Renee Lee
Member Renee Lee is offline
 
Renee Lee's Avatar
 
Profile:
Join Date: Jan 2009
Location: Boston  MA
Posts: 3,039
Re: New Level 1 License Agreement

Quote:
Originally Posted by Dale F. Saran View Post
Mike:

Since I'm the guy that wrote the agreement, let me offer some intepretation (and a more general legal principle that you have inverted) - as opposed to the criminal law maxim that "everything not prohibited is allowed" - license agreements work the exact opposite way: "anything not specifically licensed is not allowed."

Affiliates are the only ones who can use the name for advertising and marketing, as per the terms of the Affiliate License Agreement - they are specifically paying an annual fee to do so. Level I's get the knowledge of the CF methodology for their one time seminar fee and the limited ability to say they are a Level I on a business card and/or bio/resume. Back when, Level I's did not even get that limited right. That was a very limited concession that the lawyers (like me) agreed to after discussions with the seminar folks based upon feedback from the community.

Otherwise, the entire reasons for the Affiliate program would be undercut if a Level I could simply do whatever they want and advertise in any fashion. It would also lead to rampant unlicensed use of the trademark (which is bad from a legal standopint).

Hope that answers your questions and concerns.

Cheers,

Dale
(CF Legal Guy)

P.S. Joey - I need some help moving on the weekend right before 4th of July to my place in Scottsdale. Free non-Zone friendly libations and chow. The bad news is I may have an upright piano and my apartment is on the second floor.
you're moving to scottsdale?!
__________________
"catapultam habeo. nisi pecuniam dabis, ad capitem tuum saxum mittam."
Translation: I have a catapult. Give me your money or i'll throw a rock at your head.
  Reply With Quote
Old 05-30-2010, 11:53 AM   #8
Meredith Launius
Member Meredith Launius is offline
 
Profile:
Join Date: Mar 2010
Location: Eureka  CA
Posts: 132
Re: New Level 1 License Agreement

Thanks for the clarification! I am an L1 stuck in a nonaffiliate gym and am horrified at the thought of fitness clubs turning cf into Rev! There is a globo club in our area who employs L1 trainers but is not an affiliate and they advertise on the radio Crossfit classes, wondering how they manage that? Is it how they word it I wonder?
  Reply With Quote
Old 05-30-2010, 05:05 PM   #9
Dale F. Saran
CrossFit Staff Dale F. Saran is offline
 
Dale F. Saran's Avatar
 
Profile:
Join Date: Dec 2005
Location: Westerly  RI
Posts: 559
Re: New Level 1 License Agreement

No, they're probably violating our trademark, but we have no way of knowing this. Report it to iptheft@crossfit.com with copies of flyers, radio ads (as whatever type of file), or other evidence, so that we can act on it.

Thanks,

Dale
  Reply With Quote
Old 05-30-2010, 05:06 PM   #10
Dale F. Saran
CrossFit Staff Dale F. Saran is offline
 
Dale F. Saran's Avatar
 
Profile:
Join Date: Dec 2005
Location: Westerly  RI
Posts: 559
Re: New Level 1 License Agreement

Renee, as of 1 July.
  Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
In Illinois you need to have a state license to be an athletic trainer! Jim Luckey Running a CrossFit Facility 2 07-22-2009 01:01 PM


All times are GMT -7. The time now is 08:13 PM.


Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
CrossFit is a registered trademark of CrossFit Inc.