WSWCF CERTIFICATION TERMS AND CONDITIONS
INTRODUCTION
We operate the website www.wswcfworkshop.com (the ”website”). We are Association “World Street Workout and Calisthenics Federation”/Ltd. “WSWCF Agency”, unified registration number: 40008178458, with legal address: Dambju Street 2, Brīvkalni, Marupe county, LV-2107, Latvia, hereinafter referred to as the “WSWCF”.
These Terms (hereinafter referred as “Agreement”) tell you information about us and the legal terms and conditions on which the services are provided to you. Please read this Agreement carefully and make sure that you understand it, before ordering any services. Please note that by ordering educational services in accordance with this Agreement, you agree to be bound by this Agreement and the other documents expressly referred to in it. Payment for services shall be automatically considered as acceptance to this Agreement and the terms and conditions referred herein. You should print a copy of this Agreement for future reference. We amend this Agreement from time to time. Every time you wish to order any services, please check this Agreement to ensure you understand the terms which will apply at that time.
1. TERMINOLOGY USED IN THE AGREEMENT
1.1. Distance learning stage – Any of distance learning stages mentioned in the clauses 1.2.-1.4.
1.2. Novice WSWCF coach qualification – Qualification, which proves that the Trainee has completed 1st of the 3 (three) Distance learning stages.
1.3. Intermediate WSWCF coach qualification – Qualification, which proves that the Trainee has completed 2nd of the 3 (three) Distance learning stages.
1.4. Advanced WSWCF coach qualification – Qualification, which proves that the Trainee has completed all 3 (three) Distance learning stages and has the highest coach qualification possible, including approval from the WSWCF to train people as a WSWCF coach.
1.5. Information and materials – All the necessary information and materials about three WSWCF Distance learning stages (clauses 1.2.-1.4. of the Agreement) (sports and human body education), which have been given to the Trainee at the beginning of any of the aforementioned stages electronically, by sending to the electronic mail address of the Trainee or to the Trainee’s postal address during any of three Distance learning stages or during any of the transitional periods between the Distance learning stages. Information and materials include 3 (three) textbooks: No. 1 – “COURSE MANUAL FOR STREET WORKOUT AND CALISTHENICS TRAINER EDUCATION LEVEL 1” –, No. 2 – “COURSE MANUAL FOR STREET WORKOUT AND CALISTHENICS TRAINER EDUCATION LEVEL 2” –, No. 3 – “COURSE MANUAL FOR STREET WORKOUT AND CALISTHENICS TRAINER EDUCATION LEVEL 3” –, each of them designed for one of the three WSWCF Distance learning stages, with articles, live information exchange for the Trainee and other information related.
1.6. Exam – The necessary tests for the Trainee to prove that he has the right to have one of the qualifications mentioned in the clauses 1.2.-1.4. of the Agreement. The Exam consists of two separate parts:
1.6.1. Online test with closed test questions, a total of 30 (thirty) questions with different answers, from which the Trainee must choose at least one correct answer, depending on the rules of the Online test. The Trainee has 30 (thirty) minutes to answer all of the questions.
1.6.2.Video test with a task for the Trainee.
1.7. Traineeship purchase price – Traineeship purchase price for all three levels is EUR 1200.00 (one thousand two hundred euro), which is separated in the following parts:
1.7.1. Traineeship purchase price of Novice WSWCF coach qualification – EUR 600.00 (six hundred euro);
1.7.2. Traineeship purchase price of Intermediate WSWCF coach qualification – EUR 400.00 (four hundred euro);
1.7.3. Traineeship purchase price of Advanced WSWCF coach qualification – EUR 200.00 (two hundred euro).
Note: Please, see clause 3.1. of the Agreement regarding the discount possibilities of the Traineeship purchase price. Please note that from time to time the Traineeship purchase price may vary due to such additional circumstances as, for example, discounts, promotional codes and other circumstances. Such changes in the Traineeship purchase price shall be reflected in the order of the Trainee.
1.8. Order – an order for services placed on the website.
Notice – Any notice, which a Party sends to the other, shall be stipulated in the Agreement or linked with it.
1.9. Electronic mail address (e-mail) of the WSWCF – office@wswcf.org.
1.10. Unless otherwise stated in the Agreement, the terms in singular shall be construed equally as they shall be used in the Agreement in plural, and vice versa.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. WSWFC shall provide the Trainee with the necessary information and knowledge to complete any and all of the Distance learning stages and the Trainee shall be entitled to finish the Distance learning stages.
2.2. Distance learning stages can be provided separately and paid for separately, placing orders only one of the three Distance learning stages, two of them or all of them together. It must be stated that the Trainee must pay only for those stages (or that stage), which the Trainee wishes to finish. It also must be stated that the order of Distance learning stages shall be the following:
2.2.1. The first Distance learning stage shall be the Novice WSWCF coach qualification Distance learning stage;
2.2.2.The second Distance learning stage shall be the Intermediate WSWCF coach qualification Distance learning stage;
2.2.3. The third Distance learning stage shall be the Advanced WSWCF coach qualification Distance learning stage.
Note: Trainee cannot start the second Distance learning stage without finishing the first Distance learning stage, and start the third Distance learning stage without finishing the second Distance learning stage.
3. PROCEDURE FOR PAYMENT OF TRAINEESHIP PURCHASE PRICE AND COVERING OF EXPENSES
3.1. The Trainee shall place the Traineeship purchase price order, mentioned in clause 1.7. of the Agreement, for any of the three Distance learning stages separately, two of them together or all of them together before the start of the first or the second (if the Traineeship purchase price shall be paid separately) or the third (if the Traineeship purchase price shall be paid separately) Distance learning stage (clauses 1.2.-1.4.) in the coaching program. Trainee shall be able to start and finish only those Distance learning stages which have been paid for by the Trainee before entering the coaching program. If the Trainee wishes to pay the Traineeship purchase price, mentioned in clause 1.7. of the Agreement, for all three Distance learning stages at once right before the start of the first Distance learning stage, mentioned in clause 1.2. of the Agreement, the Traineeship purchase price is EUR 1200.00 (one thousand two hundred euro). Respective payment and order placement sections shall be reflected in the website before the Trainee places an order and pays for any of the Distance learning stages.
3.2. If during any of the Distance learning stages or after finishing any of the Distance learning stages, or after finishing the first two Distance learning stages, the Trainee wishes not to continue to the next Distance learning stage or the next two Distance learning stages and/or wishes to permanently terminate the Agreement, as well as quit any of the Distance learning stages permanently, the procedure and options shall be set down in the following manner:
3.2.1. In any case the Trainee must send a Notice to the electronic mail address of the WSWCF not later than 5 (five) days before;
3.2.2. If the Trainee quits or wishes to desist from a Distance learning stage, he shall be able to join the Distance learning stage he left only after 2 (two) months. In this case, the Traineeship purchase price paid for this Distance learning stage by the Trainee before starting the stage shall be considered a deposit and the Trainee shall not have to pay for that particular stage again, when he wishes to start the stage again;
3.2.3. If the Trainee does not start the Distance learning stage, which he has quit or has not yet started, in 6 (six) months after the Notice mentioned in the sub-clause 3.2.1. of the Agreement, in the next business day after that 6 (six) month period it shall be considered that the Traineeship purchase price has not been deposited for any of the Distance learning stages, and the Agreement becomes invalid in accordance with clause 6.2. of the Agreement and the WSWCF retains all of the Traineeship purchase price that the Trainee has paid to the WSWCF.
3.3. In any case, the WSWCF does not repay and retains the Traineeship purchase price for that or those stages, which Trainee has not yet started or has quit during the process or has already finished.
3.4. After placement of an order for the Traineeship, the Trainee automatically agrees to the terms of the Agreement and the Agreement comes into power.
4. TRAINEESHIP PROGRAM PROCEDURE, RULES AND OBLIGATIONS
4.1. In 2-10 (two to ten) days after the Agreement has come into power, the WSWCF sends the textbook No. 1 (clause 1.5. of the Agreement), other related study materials (if applicable) for the successful completion of the first Distance learning stage, mentioned in the clause 1.2. of the Agreement, and additional guidelines to clarify the procedure of traineeship for the Trainee. If the Trainee has already paid for all three of the WSWCF Distance learning stages and the Trainee has already finished first or second WSWCF Distance learning stage, the WSWCF sends to the Trainee also textbook Nr. 2 (before the start of Intermediate WSWCF coach qualification Distance learning stage) or textbook Nr. 3 (before the start of Advanced WSWCF coach qualification Distance learning stage).
4.2. Distance learning stage for the Novice WSWCF coach qualification starts in 5 (five) days after the Trainee has received the Agreement with all necessary parts mentioned in the clause 4.1. of the Agreement. Distance learning stage for the Intermediate and Advanced WSWCF coach qualification starts on the basis of the rules mentioned in the clauses 4.10. and 4.11. of the Agreement. All of the Distance learning stages (Novice WSWCF coach qualification Distance learning stage, Intermediate WSWCF coach qualification Distance learning stage and Advanced WSWCF coach qualification Distance learning stage) shall be separated in the following parts and include the following actions from WSWCF and the Trainee:
4.2.1. From the start of any of the Distance learning stages, the Trainee has 1 (one) month to study all of the Information and materials that WSWCF has sent to him before that Distance learning stage;
4.2.2.After 1 (one) month of studying, the WSWCF provides the Trainee with an internet link to the Online test mentioned in the clause 1.6.1. of the Agreement. The Trainee has 1 (month) to take the Online test. The test may consist of any themes and/or articles of the Information and materials related to that Distance learning stage. The Trainee must complete the Online test as soon as possible but not later than in 1 (one) month, taking into account the clause 4.3. of the Agreement. If the Trainee shall not take the Online test within the 1 (one) month period, it shall be considered that the Trainee has withdrawn from the Agreement and, in that case, the clause 3.2. of the Agreement must be applied. In order to complete the Online test successfully, the Trainee must answer correctly to at least 27 (twenty-seven) out of 30 (thirty) questions (the amount of questions may vary depending on WSWCF free wishes).
4.2.3. After finishing the Online test, the system shall show, whether the Trainee has completed the test successfully or has failed. The procedure after finishing the Online test includes the following steps:
4.2.3.1. If the Trainee has successfully completed the Online test, the WSWCF sends the necessary terms and conditions for the Video test, mentioned in the sub-clause 1.6.2. of the Agreement, in 5 (five) business days after the moment in which the Trainee has successfully completed the Online test according with the sub-clause 4.2.3. of this Agreement;
4.2.3.2. If, according to the sub-clause 4.2.3.1. of the Agreement, the Trainee has received the necessary terms and conditions for the Video test, he must send his video to the WSWCF electronic mail address prior to the end of the 1 (one) month period mentioned in the sub-clause 4.2.2. of the Agreement. If the Trainee does not send the video to the WSWCF email within the 1 (one) month period, it shall be considered that the Trainee has withdrawn from the Agreement and the clause 3.2. of the Agreement must be applied.
4.2.3.3. The WSWCF will evaluate the answers of the Video test in 5 (five) business days after the receipt of the video and inform the Trainee of the results, by sending the results to the Trainee’s electronic mail address. If the results of the Video test shall be positive, it shall be considered that the Trainee has completed that particular Distance learning stage and the Trainee shall be entitled to one of the qualifications mentioned in the clauses 1.2.-1.4. of the Agreement.
4.2.3.4. If the Trainee has failed to pass the Video test, he must perform all the necessary procedures mentioned in the clause 4.3. of the Agreement.
4.2.3.5. If on the basis of the WSWCF evaluation of the Trainees answers of the Exam (Online or Video test), the Trainee has failed to successfully complete the Online or the Video test, he has another chance to pass both of the tests after the WSWCF the Trainee has received the negative answer. In this case, the Trainee has got one more chance to pass Online and/or Video test only after 7 days after the moment the Trainee has received the negative answer. If the Trainee has failed the second time, he has got last (third) chance to finish Online and/or Video test only after seven days after the moment the trainee has received the negative answer.
4.2.3.6. If the Trainee has failed to complete Online and/or Video test for 3 (three) times, the Trainee must perform all the necessary procedures mentioned in the clause 4.3. of this Agreement. In this case, 1 (one) business day after finishing procedures mentioned in clause 4.3. of the Agreement, on the WSWCF homepage (www.wswcfworkshop.org) in Trainee’s registered account, a new Online test will be opened, consisting of different questions, if compared to the previous Online test, but related to that Distance learning stage, or the WSWCF will send the necessary terms and conditions for the Video test within the period mentioned in the sub-clause 4.2.3. of the Agreement.
4.3. If the Trainee has failed to complete the Online or Video test (clause 4.2.3.5.-4.2.3.6. of the Agreement), he must send a Notice to the WSWCF electronic mail address, reporting the situation, before he shall be able to take another Online test or Video test.
4.4. If in any case the Online test does not open, any problems occur during the taking of the test or it does not close and give the results to the Trainee for reasons independent of the Trainee, the Trainee must immediately send a Notice to the WSWCF electronic mail address, reporting the situation. Otherwise, it will be considered that the Trainee has not completed the test on that date and it may be a cause for breaching the period of time set for completing a test, as mentioned in the Agreement.
4.5. In all cases where the Trainee has failed to complete the Exam and receive positive results, and where that is the reason for breaching the 1 (one) month period of time for taking that Exam, it is considered that the Trainee has failed to comply with the Agreement and other rules and demands of that Distance learning stage.
4.6. If the Trainee has failed to complete the Exam and receive positive results, and where that is the reason for breaching the 1 (one) month period of time for taking that Exam (no matter if it is the Online test or Video test), the WSWCF retains the Traineeship purchase price for that Distance learning stage and all other Distance learning stages as well, if the Trainee has paid for more than one Distance learning stage.
4.7. If the Trainee wishes to proceed to the Distance learning stage, which he has failed for two times, or which he has delayed for the reason of not taking the Exam or failing it, to complete that stage he must pay additional Traineeship purchase price for only that stage that he has failed and not for any further stages. The Traineeship purchase price in this case is the same that is mentioned in a sub-clause (1.7.1. or 1.7.2., or 1.7.3.) of the clause 1.7. of the Agreement.
4.8. After the payment of the Traineeship purchase price, as mentioned in the clause 4.8. of the Agreement, the Trainee immediately receives a 1 (one) month studying period, as mentioned in the sub-clause 4.2.1. of the Agreement, and all other study, Exam and other related parts of the existing Distance learning stage shall be governed in the same way as they shall be governed, if the Trainee has not breached any of the time periods mentioned in the Agreement. If the Trainee has failed one of two parts (Online test or Video test) of the Exam, he shall be entitled to take that part of Exam (Online test or Video test) which he has failed.
4.9. If the Trainee has fulfilled the terms stipulated in the second sentence of the sub-clause 4.2.3.3. of the Agreement, the procedures shall be the following:
4.9.1. The WSWCF, in no longer than 5 (five) business days, will put the Trainee’s name on the WSWCF homepage (www.wswcfacademy.org) after the completion of any of the Distance learning stages;
4.9.2. After the completion of Advanced WSWCF coach qualification, the WSWCF sends verifiable authorized digital copy of WSWCF coach qualification certificate to the Trainee’s email address. It must be stated that in the case of receiving the Advanced WSWCF coach qualification, the Trainee has all the rights emerging from that qualification starting from that day, when the WSWCF has sent to the Trainee’s electronic mail address positive results of completing Advanced WSWCF coach qualification;
4.10. After the Trainee has received his Novice WSWCF coach qualification or Intermediate WSWCF coach qualification and if the Trainee, according to the clause 3.1., has paid also for Intermediate/Advanced WSWCF coach qualification Distance learning stage, he must send a Notice to the WSWCF electronic mail address with a wish to continue to the next Distance learning stage. If the trainee has not sent any Notice to the WSWCF during the following 5 (five) day period, it shall be considered that the Trainee has withdrawn from the next Distance learning stage, according to the clause 3.2. of the Agreement, and shall able to begin the next Distance learning stage only in compliance with the terms mentioned in the clause 3.2. of the Agreement;
4.11. If the Trainee has sent a Notice, mentioned in the clause 4.10., then, taking into account the clause 3.2. of the Agreement, in 5 (five) business days after WSWCF has received that Notice, the Trainee automatically receives 1 (one) month of studying before he takes Online test for the Intermediate WSWCF coach qualification Distance learning stage or Advanced WSWCF coach qualification Distance learning stage. In this case, the WSWCF sends Information and materials related to Intermediate WSWCF coach qualification Distance learning stage or Advanced WSWCF coach qualification Distance learning stage during that 5 (five) business day period.
5. PARTIES’ REPRESENTATIONS AND COMMITMENTS
5.1. Trainee shall be informed and waives any objections and claims against the WSWCF in respect of:
5.1.1. WSWCF shall be a professional organization and, according to the sub-clauses 4.2.3. and 4.2.3.3. of the Agreement, shall be absolutely independent in assessing the correctness or incorrectness of Trainee’s answers to the Exam questions or the Exam eligibility to the terms and conditions mentioned in the Agreement and given by the WSWCF;
5.1.2. WSWCF has all the legal rights to provide professional qualification approval for the Trainee.
5.2. Trainee shall be fully responsible for all of his actions against other people, while he shall be a professionally qualified trainer, with one out of three, two out of three or all of the qualifications, mentioned in the clauses 1.2.-1.4. of the Agreement, in the following manner:
5.2.1. Training other people without their physical presence (electronic information exchange);
5.2.2. Training other people, who shall be physically present at the time of training;
5.2.3. Giving any advice to other people related to physical training, nutrition or physiology of the human body and etc.
5.3. According to the clause 5.2. of the Agreement, the Trainee shall be also fully responsible for any damage he causes to other people that he shall be training or advising, and this clause comes into power at the moment, when the Trainee receives any of the qualifications mentioned in the clauses 1.2.-1.4. of the Agreement.
5.4. WSWCF does not take any responsibility for the Trainee’s actions before any of the Distance learning stages, during those stages or after the stages.
5.5. All the Information and materials (clause 1.5. of the Agreement) shall be considered as the intellectual property of the WSWCF and shall be given to the Trainee only for his professional use. If the Trainee makes copies of Information and materials, publishes them (or any part of them) on any social network or media, etc. or hands the Information and materials to third parties, it shall be considered that at that moment, when the Trainee has performed the aforementioned breach of the Agreement, this Agreement becomes invalid and the WSWCF retains all the Traineeship purchase price that the Trainee has already paid. In this case, the Trainee shall not be able to start any of the Distance learning stages for 5 (five) years after the termination of the Agreement.
5.6. All the knowledge that the Trainee has learned during any of the three WSWCF Distance learning stages shall be considered his own intellectual responsibility which he might give to other people afterwards, as well meaning that WSWCF shall not be responsible for the Trainee’s actions with third parties, as well as the WSWCF shall not be responsible for any physical harm to third parties.
6. TERMINATION OF THE AGREEMENT, APPLICABLE LEGISLATION AND DISPUTE RESOLUTION
6.1. The Agreement shall be valid until the full completion of the Parties’ obligations arising from the Agreement.
6.2. The Agreement shall become invalid without any additional procedures in cases stipulated in the sub-clauses 3.2.3. and clause 5.5. of the Agreement;
6.3. WSWCF may unilaterally withdraw from the Agreement in the following cases:
6.3.1. If the Trainee does not send his Exam answers, in the case mentioned in the sub-clauses 4.2.2. and 4.2.3.2. of the Agreement;
6.3.2. If the Trainee does any harm to WSWCF in direct contact or publishes any type of information, which tarnishes the image and/or reputation of the WSWCF, on social networks, or performs any other negative actions against WSWCF and/or its members.
6.4. If the Trainee wishes, he shall be able to ask the WSWCF a prolongation of one, several or all of the studying periods from 1 (one) month to 2 (two) months. In this case, one, several or all of the periods, mentioned in the sub-clauses 4.2.2., 4.2.3.2., and clauses 4.5., 4.6. and 4.8. of the Agreement, shall be prolonged from 1 (one) month to 2 (two) months. The Trainee shall be able to choose, which periods he wishes to prolong. The Notice of the wish of the prolongation of those periods must be sent not later than 5 (five) days before any of the periods of time mentioned in the sub-clauses 4.2.1., 4.2.2. or 4.2.3.2. of the Agreement.
6.5. This Agreement shall be governed by and interpreted in accordance with the legislation of the Republic of Latvia.
6.6. All disputes arisen in relation to the Agreement or its fulfilment shall be referred to the courts of the Republic of Latvia.
7. OTHER TERMS
7.1. The headings of the clauses of the Agreement shall be used for convenience, but not for interpretation of the Agreement provisions.
7.2. If any of the provisions of the Agreement shall be deemed invalid or become invalid, it shall in no way affect the validity of the other provisions of the Agreement.
7.3. Any changes to the Agreement, except the rights for the Trainee to successfully finish all of the three WSWCF Distance learning stages, shall be made unilateral by the WSWCF without the consent of the Trainee. (For example: Due to technological reasons, those changes, which may be related to providence of a different approach to the coaching, mentoring or exam system.)
7.4. If a Notice shall be sent to a postal address, the Notice shall be sent as a registered letter, except in cases provided in the Agreement (if related).
7.5. This Agreement has been made and signed regarding the Number of counterparts.