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Old 10-30-2011, 01:06 AM   #1
Mark D Shaw
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IP rules round use of term CrossFit

Hi - This is my first post, so I'll do a quick bit of background...

I'm English / 39 / Male / Husband / Father. I've been a fitness professional for 12 years. I strayed away from Globo gym training early on in my career after it gave me a bunch of muscle imbalances and consequently spent a long time trying to learn to love remedial exercise, Pilates, Yoga etc, whilst doing alot of running and no weights,eating according to the food pyramid and getting skinny fat!

I then found Kettle Bells, Clubs and started to find my way back. Eventually whilst recovering from an operation, I discovered paleo and then CrossFit. Bang - finally I was losing my fat and back in love with what I do. Movements like the OHSquat were helping to sort out my shoulders, my knees were loving pistols!

I did it solo for a while, but struggled to push myself and frankly after the best part of decade working on my Jack Jones wanted the company.. so off I trotted to my nearest box. Needless to say I was sharing what I learnt with my clients, and singing CrossFit's praises.

My experience at CrossFit Tonbridge completed the 'conversion', I started to regard myself a CrossFitter albeit a newbie.

I did the Cert and soon after we moved to Spain. I joined a FaceBook group which allows the 100 odd members who've heard of CrossFit to stay in touch. There are only about 4 affliates in Spain....

I want to set up a group, I need to earn - fitness is my living. I'm broke. I plan to start with a 3 station pull up rig (which a buddy makes), some rings and the kettle bells I've accumulated over the years. I buy about 2 cheap bars and some bumpers so I personally can practise, what I plan to teach, once I've got some clients. I've use of premises free. Total start up budget 500 + 600 on Cert. Happy days...

Here's where it gets sticky....

I understand I can't use the name to promote my business, frankly this isn't a issue as no one has heard of CrossFit here in Spain.

However I do want to give credit where credit is due. I'm not seeking something for nothing.

So no mention of CrossFit on the Publicity material, no mention of CrossFit anywhere except on the About Page of my web site and links on the blog. On the About page and I explain CrossFit is my preferred system and why and outline some of key concepts. I clearly state we are not an affiliate but hope to do so once established and can afford it. Yes I know affordability clearly stated on HQ site as not an excuse, but lets be clear - there is no significant market penetration of the term CrossFit - the affiliate fee is simply the price to join the family circle, and you can bet my clients money is going into bumpers and barbells, before it's goes on fulfilling my desire to become fully fledged....

I share my Site link with Spanish CrossFiteros FaceBook group, I get irate affiliate owner response. The group has a debate around the issue. We check the fine print. It's clear I'm in breach - I'm only allowed to verbally give testimonial, and list my Cert 1 on business card / CV.

It's also clear I am in breech if I describe what I'm offering but present it as something other than CrossFit (and I feel this is right) so I end up describing the method and simply avoiding the word CrossFit because a) I don't want to fall out with affiliates I later hope to join and b) i feel simple avoidance of the word CrossFit is less likely to negatively impact my affiliate application in a year so.

I settle on leaving the Links to CrossFit stuff I like, and mention CrossFit solely in my personal page / CV.

Thoughts please...

Should the fee be the same in parts of the world where it confers little advantage. In my opinion, meaning lots of potential affiliates are lost because it makes no business sense. Business like mine are potential envoys for CrossFit in a market that is in some respects, way behind the States or even the UK.

Have the IP boys and girls got it right. Surely Certs 1 should be able to describe what they offer. Is the Cert 1 a practitioner certificate or simple a merit badge.

Is my site still in breech - thoughts as to how to improve / remedy this...

here's my site (family/work safe)

http://fitpact.com

Thanks,

Mark

Last edited by Mark D Shaw : 10-30-2011 at 01:28 AM.
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Old 10-30-2011, 08:55 PM   #2
Rob Hefley
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Re: IP rules round use of term CrossFit

Simple, just pay the money like the rest of us did and you won't have to post things like this.
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Old 10-30-2011, 11:45 PM   #3
Mark D Shaw
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Re: IP rules round use of term CrossFit

Hi Rob,

Understand the sentiment re the fee. If I had enough dosh for some barbells, bumpers and the fee I'd do it - though it might not be prudent.

I guess as no one has complained I can take it my site is now acceptable to community, hopefully in a year I'll have 20 members, some barbells and bumpers and can submit my essay, pay the fee and crack on.

Any thoughts as to my first two points.

Thoughts please...

Should the fee be the same in parts of the world where it confers little advantage. In my opinion, meaning lots of potential affiliates are lost because it makes no business sense. Business like mine are potential envoys for CrossFit in a market that is in some respects, way behind the States or even the UK.

Have the IP boys and girls got it right. Surely Certs 1 should be able to describe what they offer. Is the Cert 1 a practitioner certificate or simply a merit badge.

Is my site still in breech - thoughts as to how to improve / remedy this...

here's my site (family/work safe)

http://fitpact.com

Thanks,

Mark

Last edited by Mark D Shaw : 10-30-2011 at 11:45 PM. Reason: spelling mistake
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Old 10-31-2011, 05:20 AM   #4
Sean Dunston
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Re: IP rules round use of term CrossFit

Silence does not equal assent.
It is worth the fee there too, maybe even more there because you'll be able to say you're one of the first (oldest) affiliates in your area.
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Old 10-31-2011, 05:43 AM   #5
Mark E. Wallace
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Re: IP rules round use of term CrossFit

Quote:
Originally Posted by Sean Dunston View Post
Silence does not equal assent.
Right. AND, this forum is not the way to get an official response anyhow. For that, you need to contact HQ directly. No other reply matters.

- Mark
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Old 10-31-2011, 01:46 PM   #6
Mark D Shaw
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Re: IP rules round use of term CrossFit

Guess silence isn't assent but a significant number of forum user have looked at the site and thus far no complaints.

Re the suggestion to contact HQ - I will consider it - Not really a fan of Legalese or it's practitioners. Really just wanted to get a feeling for what the larger CrossFit community is like, and some feedback on my thoughts.

Thanks for the replies.

Mark
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Old 10-31-2011, 02:24 PM   #7
Mark D Shaw
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Re: IP rules round use of term CrossFit

Sent HQ an email...
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Old 10-31-2011, 08:33 PM   #8
Mark E. Wallace
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Re: IP rules round use of term CrossFit

Quote:
Originally Posted by Mark D Shaw View Post
Guess silence isn't assent but a significant number of forum user have looked at the site and thus far no complaints.

Re the suggestion to contact HQ - I will consider it - Not really a fan of Legalese or it's practitioners. Really just wanted to get a feeling for what the larger CrossFit community is like, and some feedback on my thoughts.

Thanks for the replies.

Mark
Quote:
Originally Posted by Mark D Shaw View Post
Sent HQ an email...
Good call. What the larger CF community thinks about this is completely irrelevant. The only thing that matters is what HQ thinks, regardless of how you feel about legalese or its practitioners.

Mark
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Old 11-01-2011, 12:14 AM   #9
Mark D Shaw
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Re: IP rules round use of term CrossFit

Hope so - here's the email for interest of others who in similar situation. Will post reply as and when.


Hi Guys / Girls

Am a fitness professional with a 121 background whose done a cert 1 having joined a CrossFit group and fallen in love. I'm starting a cross training group and hope to affiliate in time but it'll be a year I'd guess. I like feeling part of the CrossFit community, even if I can't afford the license fee right now, I am committed to getting there and moving from newbie to fully felted affiliate owner, but just wishing right now isn't going to deliver the cash!

Here's my site (fitpact.com) - my first instinct was to name CrossFit as my preferred methodology and outline why and basic concepts involved but to simply avoid using CrossFit's name in my publicity and front page in order to avoid profiting from name (which honestly no one in rural Spain has heard of!), but an affiliate owner form Madrid pointed out this was still a breech. So I've avoided the term in my description of my services, and simply mentioned my own experience of CrossFit and Cert on my resume page.

Is the site now kosher - don't want to affect my application negatively...

Have bounced it off the forums here.

http://www.board.crossfit.com/showthread.php?t=71181


Please don't give me a long legal letter back !


Regards


Mark Shaw


Ps At what point in the application process do I stump up the cash? Is there a time limit, between submitting my essay and getting approved (i hope) and needing to lay my hands on the cash?
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Old 11-01-2011, 12:55 AM   #10
Mark D Shaw
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Re: IP rules round use of term CrossFit

re legalese and it's practitioners - My bad - my brothers work in law so I guess my antipathy isn't that all encompassing - a case of hate the sin not the sinner!

Last edited by Mark D Shaw : 11-01-2011 at 12:57 AM. Reason: written word not my forte
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