KMG University

KMG Instructor Membership Subscription Contract


KMG Instructor Membership Subscription Contract

Agreement Contents

This Agreement is between

K.M.G - Krav Maga Global Ltd, a company registered in Israel with company number 514408558 whose registered office is 21 Hankin Street, 6092000 Kadima, Israel, referred to as “KMG-HQ”, which provides the Krav Maga curriculum, instructor certification programs, and other membership benefits (collectively referred to as "KMG Services").
and
KMG Solutions GmbH, a company registered in Germany with the company number HRB290229 whose registered office is Fruehlingstrasse 84, 82110 Germering, Germany, referred to as "KMG Solutions", acting as partner of KMG-HQ for the sole purpose of providing the online learning platform for accessing KMG Services and collecting subscription fees.

and

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referred to as "Instructor"

The Instructor chooses to subscribe to the following membership option:
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The parties hereby agree as follows:

Preamble

  1. K.M.G - Krav Maga Global Ltd is an international organization established under the laws of Israel and founded for the promotion of and education in Krav Maga and Personal Safety and Security.
  2. KMG Solutions GmbH, established under German law, collaborates with K.M.G by offering both paid and unpaid online learning programs, including the KMG Instructor Membership Subscription program.
  3. The Instructor is an individual who has successfully completed a KMG certification program and has been awarded an instructor diploma.
  4. The objective of the present Agreement is to govern the rights and obligations of the Instructor as a Professional Member of the KMG Organization, and KMG Solutions GmbH in its provision of providing online learning programs.

 Subject Matter

  1. The Instructor shall adhere to the current KMG Codes and Guidelines, instructing Krav Maga according to the KMG Curriculum. The Instructor will utilize the official KMG Certification Program, including passports, patches, and diplomas, for certifying trainees. Adhere to territorial guidelines, refrain from offering Krav Maga from competing organizations, and avoid direct competition with fellow KMG Professional Members in terms of territory, students, and staff. Fulfill the membership obligations by paying membership fees and maintaining a good standing within the organization. The Instructor ensures proper usage of the KMG logo in accordance with the KMG Brand Guidelines.
  2. The Instructor is subject to possible further country-specific conditions and must have their active instructor activity approved by the respective Director/Representative or KMG-HQ.
  3. The Instructor is not allowed to offer services in the protected territory of a KMG School Owner (SO) without the consent of the respective SO.
  4. The Instructor must be a School Owner or be associated with a School Owner if regularly instructing a group of more than 5 people.
  5. The Instructor must not target trainees of other KMG Schools or KMG Instructors for any training activities, classes, or seminars without prior consent by the respective KMG School or KMG Instructor.
  6. The Instructor is prohibited from teaching Krav Maga in any country other than their home country without prior written approval from both KMG-HQ and the respective KMG-Country.
  7. With this Agreement, the Instructor does not become an employee of KMG-HQ or KMG Solutions and remains responsible and liable for their actions.
  8. The Instructor Membership does not include insurance. We strongly recommend that the Instructor informs themselves about the legal requirements of their country and acts accordingly.

 Membership Benefits

  1. As a valued member of the KMG Instructor community, you are entitled to the following benefits:
    1. Access to KMG Codes and Guidelines;
    2. Use of the official KMG Curriculum and Level Certification Program (with passports, patches, and diplomas) for trainee graduation and certification. Separate requirements and rules for examiners apply to the level certification of trainees;
    3. Exclusively instruct Krav Maga according to the KMG Curriculum;
    4. Access to KMG-HQ online platform(s) with Professional Content, e.g. lesson plans, blogs, pictures, and videos;
    5. Access to physical and online Instructor Updates, Instructor Level Certification, and further Instructor Education Programs;
    6. Participation in marked local and international KMG-HQ events at a discounted fee;
    7. Use of the KMG logo for promotional purposes (as per the KMG Brand Guide);
    8. Listing in the Instructor Directory on the KMG-HQ website.

 Term of the Agreement

  1. This Agreement is concluded for an indefinite period of time from its conclusion.
  2. The Instructor has the right to terminate this Agreement at any time during the first 14 days following the online conclusion of this Agreement. After the initial 14-day period, this Agreement can be terminated by either party with written notice (including email) with a notice period of two months to the end of the calendar year. In the event of termination by the Instructor, any membership fees already paid for the remainder of the current membership period will not be refunded.
  3. KMG-HQ may terminate the agreement for good cause with immediate effect in the following or similar cases:
    1. Repeated violations of the Agreement;
    2. Violation of an essential provision of this Framework Agreement by the Instructor and failure to remedy such violation within a reasonable time period given by KMG-HQ or KMG-Country, but in any case no more than 14 days. No remedy period shall be granted if such violation cannot be remedied or the granting of a grace period is unreasonable taking into account the type or severity of the violation;
    3. If the Instructor, despite having been given notice in writing and a grace period of at least 14 days, is in default with any of its payment obligations, particularly the membership fee or the license fee, by more than two months;
    4. Violation of the Organization’s codes and regulations by the Instructor;
    5. Objection to a change in the Organization’s codes and regulations;
    6. Infringement of third-party rights by actions of the Instructor.

 Contact Details, Names, and Use of Logo

  1. The Instructor must ensure that the address and contact details given to KMG-HQ and KMG-Country are always up-to-date.
  2. If the Instructor wishes to use the words 'Krav Maga Global' and/or 'KMG' in their business title, written approval must be obtained from KMG-HQ before producing any marketing material or registering the business or individual.
  3. The Instructor may use the KMG logo in accordance with the currently valid version of the KMG Brand Guide for the following – and only for the following:
    1. Promoting their Krav Maga activities online, on fliers, posters, business cards, and other printed material that are not in conflict with the KMG Instructor Membership Agreement and the KMG Brand Guide;
    2. Any changes to the design or text of the logo are not permitted. The currently applicable logos can be found in the KMG Brand Guide.

 KMG Passports, Certificates, Diplomas, and Apparel

  1. KMG-HQ or KMG-Country may, at their discretion, provide the Instructor with pricing details and payment terms for acquiring KMG Passports, level patches, certificates, diplomas, uniforms, apparel, and merchandise, subject to availability and examiner capabilities. It is acknowledged that the acquisition of these items may be limited and not guaranteed for all Instructors.
  2. KMG-HQ may provide the Instructor with merchandise, apparel, and training equipment at a reduced price.

 KMG Activities, Certification(s), Curriculum, Students

  1. The Instructor must ensure that they are in possession of a valid KMG Instructor Diploma for the audience they are instructing (e.g. General, Women, Kids, etc.) and that they teach per the KMG Guidelines and the KMG Curriculum.
  2. The Instructor may not, in any way, provide services for other Krav Maga organizations without approval by KMG-HQ.
  3. KMG-HQ and/or KMG-Country will provide the Instructor with the current Professional Content and materials from KMG, including granting access to the instructor section on its online platform(s).
  4. The Instructor may participate in local and international KMG-HQ events for a discounted fee.
  5. The Instructor is limited to teaching students who are no more than one level below their own KMG level.
  6. In cases where the Instructor is part of a team of higher-leveled instructors, they can teach higher-leveled students if they are regularly supervised by the senior instructors.
  7. The Instructor is prohibited from teaching criminals and/or people, groups, or organizations with criminal ties.
    1. The Instructor is obligated – to the best of their knowledge and data protection rights – to stay informed about any of the Instructor’s trainees’ problematic backgrounds;
    2. The Instructor shall ask the trainee for a current Criminal Record if appropriate and if the Instructor suspects the trainee to have a criminal background.
  1. The Instructor may not engage in teaching official military or police units without the prior written consent of KMG-HQ. The procedure and conditions for obtaining consent shall be communicated by KMG-HQ upon request.
  2. If employed by the Police or the Military, the Instructor may teach their colleagues the material that they have been certified to teach.

 Instructor’s Training, Testing, and Re-Certification

  1. The Instructor must stay regularly updated and fit for their job, with a specific emphasis on staying current with the KMG Curriculum through ongoing training and further education.
  2. The Instructor is obliged to be re-certified by participating in annual Instructor Updates.
    1. Instructor Updates are offered by KMG-HQ and/or KMG-Country in physical form and through online updates, workshops, and courses;
    2. A minimum of three physical update days are required per year, which can be substituted with participation in official KMG-HQ further Education Programs and camps. Please note that additional requirements may apply in the country of operations, and will be communicated by the KMG-Country Representatives;
    3. KMG-HQ can introduce a credit point system to further define the minimum requirement for successful re-certification for the Instructor's KMG-Country.
  1. KMG-HQ supports the Instructor in their further development through regular Level Certification opportunities.
    1. Instructors can only be tested by designated high-level instructors and coaches with prior notice;
    2. Instructors must have an active KMG Instructor Membership, a valid KMG Passport, and have met all re-certification requirements to be tested;
    3. Instructors must provide approval for testing by KMG-Country or respectively KMG-HQ;
    4. Before admission to a Level Test, general minimum requirements (e.g. waiting times, minimum hours of training) according to KMG regulations and level test manuals must be met.

 Business Support and Marketing

  1. KMG-HQ and KMG-Country (where applicable) will provide the Instructor with the current Professional Materials from KMG.
  2. KMG-HQ and KMG-Country will publicize the Instructor in national and international advertising where applicable, on the official KMG website, and in reply to inquiries received that relate to the locality within the Instructor’s geographical location.
  3. The Instructor can present themselves to the general public as an active KMG Instructor.
  4. In case of conflicts between two Instructors/School Owners in relation to KMG Krav Maga activities, KMG-HQ offers to help the parties to come to a suited solution. If no resolution can be reached, KMG-HQ reserves the authority to make a final decision within its scope and in the best interest of the KMG Organization.

 Fees

  1. The Instructor shall pay KMG-HQ or KMG Solutions a membership fee. The fee, set by KMG-HQ or KMG Solutions, may be extended by KMG-Country for additional services. The current fees are published on the website and in the process of subscription.
  2. KMG-HQ will charge all membership fees according to the chosen payment frequency (e.g., 12 months, 6 months, 3 months).
  3. KMG-HQ reserves the right to adjust membership fees in the future. Any such adjustments will be communicated to the Instructor in writing (including email) at least 2 months prior to the effective date of the change. The Instructor has the right to object to the fee change within 14 days of receiving the notification. If the Instructor objects within this timeframe, this Agreement will terminate at the end of the current membership period for which fees have already been paid. If the Instructor does not object to the fee change within the 14-day period, the new fee structure will be deemed accepted and will apply to all subsequent membership periods.
  4. The membership fee may also be paid by the KMG-Country, the School Owner, or a third party on behalf of the Instructor. However, the respective Instructor is still required to fill out the registration form.
  5. The fee collection can occur via KMG-HQ, KMG Solutions, or a partner of KMG-HQ. The partner is solely chosen by KMG-HQ and KMG Solutions and can be subject to change without the need for approval.
  6. The form of payment (e.g., credit card, PayPal) is indicated by KMG-HQ or KMG Solutions and may be subject to change. It is the responsibility of the Instructor to update any changes in the available payment options to ensure that fees can be collected through automated/recurring payment options. The Instructor acknowledges and agrees that in the event of failed payments, they will be responsible for and charged with the payment provider's fee incurred due to the failed transaction.

 Inactive Instructor Membership

  1. The Inactive Instructor Membership is designed for Instructors who are not actively involved in teaching KMG Krav Maga classes but wish to maintain a connection with the KMG community. This membership offers limited benefits and is ideal for Instructors taking a break from active instruction.
  2. The Inactive Instructor Membership status grants these benefits:
    1. Instructor Level Certification, allowing for ongoing skill assessment and professional progression;
    2. Access to otherwise restricted Instructor Education Programs, workshops, and events, including but not limited to Instructor Updates, training camps, and specializing instructor courses;
    3. Limited access to the online Instructor Member Zone;
    4. Exclusive discounts for Inactive Instructors, extending to KMG-HQ events and a diverse array of KMG apparel and merchandise, wherever applicable.
  1. The Inactive Instructor Membership operates on a yearly payment basis with a single annual fee, set at 50% of the current active Instructor Membership fee. This fee structure aligns with the annual membership term.
  2. Please note that the Inactive Instructor Membership does not grant access to full instructor benefits, such as the use of the KMG Brand, Curriculum, and Certification Program, listing in the KMG Instructor Directory, access to comprehensive video libraries, or active instructor support. To regain active instructor status, Instructors can transition back to the active Instructor Membership by meeting the necessary requirements and fees, as set by KMG-HQ, KMG Solutions, and KMG-Country.

 Membership Cancellation

  1. The Instructor has the flexibility to cancel the membership anytime through online account settings or by sending an email to . As it is a yearly membership, the Instructor will retain his/her membership benefits for the remainder of the term. However, if the Instructor has selected a payment option other than the yearly payment, he/she will need to complete the payment for the respective year.
  2. Cancellation will result in the loss of all membership benefits, including access to the online Instructor Member Zone, listings in the Instructor Directory, use of the KMG Curriculum and Brand, and access to further Instructor Education Programs, Level Certification, and other exclusive resources.

 Confidentiality

  1. The Parties undertake to keep strictly confidential from third parties all information relating to this Agreement and confidential information or business secrets disclosed to the other Party under this Agreement, including any confidential information or business secrets disclosed by other members of the Organization. This shall not apply to disclosure which is required by applicable law or necessary in the course of legal defense. This point shall survive termination of this Agreement.

 Final Provisions

  1. KMG Solutions, as a partner of KMG-HQ, is solely responsible for:
    1. Providing and maintaining the online learning platform for accessing KMG Services.
    2. Collecting subscription.
    3. Providing customer service related to the online learning platform.
    4. KMG Solutions is not responsible for the content of KMG Services, instructor certification, or any other aspect of the KMG membership program besides those explicitly mentioned above.
  1. All codes, guidelines, and regulations referenced in this Agreement shall be deemed valid and applicable in their current version, as available and accessible on the official websites of K.M.G - Krav Maga Global Ltd (KMG-HQ). The parties acknowledge that any changes, updates, or revisions made to the referenced codes or regulations after the date of this Agreement shall automatically apply to this contract. It is the responsibility of the Instructor to regularly check and ensure compliance with the latest versions of the referred documents.
  2. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of laws provisions. This choice of law applies to all claims and disputes arising out of or relating to this Agreement, including its validity, interpretation, performance, breach, or termination.
  3. The Parties consent to the use of digital signatures for the execution and acceptance of this contract.
  4. The Instructor may neither transfer the whole Agreement nor single rights or obligations to a third party.
  5. No supplementary oral agreements have been made by the Parties.
  6. KMG-HQ or KMG Solutions may propose amendments or modifications to this Agreement. Any proposed changes will be communicated to the Instructor in writing (including email).
    1. The Instructor will have 14 days to review and respond to the proposed changes. The Instructor's consent can be confirmed by replying to the email from KMG-HQ or KMG Solutions.
    2. If the Instructor does not respond within the specified 14-day period, KMG-HQ or KMG Solutions will contact the Instructor to confirm their receipt of the proposed changes. In the absence of a response after this additional attempt to contact the Instructor, the proposed changes will be considered accepted.
    3. The Instructor has the right to terminate this Agreement with immediate effect upon notification of any proposed changes that they do not agree to.
  1. In the event that any terms of this Agreement should be or become void, invalid, or unenforceable, the validity, legal effect, or enforceability of the remaining provisions hereof shall not be affected thereby. The void, invalid, or unenforceable provision shall be construed, supplemented, or replaced such that the commercial purpose intended by the void, invalid, or unenforceable term is achieved in the best possible manner. The foregoing shall also apply to any contractual gaps.

 

By signing below, the Parties acknowledge that they have read, understood, and agree to the terms and conditions of this KMG Instructor Membership Subscription Contract.


GLOSSARY

Agreement – refers to the legally binding contract or arrangement between two or more Parties, detailing the rights, obligations, terms, and conditions governing their relationship or transaction.
Criminal Record – refers to an official documentation maintained by law enforcement agencies or government authorities, containing records of a person's criminal history.
Director(s) or Representative(s) (RR) – the operational executive(s) responsible to support the administrative details in the Territory/Region/Country. The Representatives are nominated by KMG-HQ to act as the local representatives of KMG in the defined Territory/Region/Country. In consultation with KMG-HQ, they manage and support the local Instructors, business operations, and services of KMG.
Fee – refers to the mandatory membership fee set by KMG-HQ and KMG-Country.
Inactive Instructor Membership – is designed for Instructors who are not actively involved in teaching KMG Krav Maga classes but wish to maintain a connection with the KMG community. This membership offers limited benefits and is ideal for instructors taking a break from active instruction.
Instructor/Instructor – means an instructor who holds a current KMG Instructor diploma.
Instructor Diploma – refers to a formal certification awarded to participants upon successful completion of an Instructor Course Education Program.
Instructor Directory – refers to an online directory hosted on the KMG-HQ website, which showcases profiles and relevant information of certified KMG Instructors.
Instructor (Further) Education Program – refers to a series of courses and training sessions, conducted either online or offline, designed specifically to provide further education and skill development for certified KMG Instructors. These programs may include Instructor Updates, specialized courses such as the Kids Instructor Course (KIC), Close Protection Instructor Course (CPIC), or other advanced training sessions aimed at enhancing the expertise and knowledge of instructors within the KMG system.
Instructor Membership (Subscription) – is a personal membership for KMG-certified instructors that provides a range of benefits, rights, and obligations as described in the document KMG Instructor Membership.
Instructor Member Zone – refers to a restricted area on KMG websites exclusively for certified KMG Instructors. It provides access to exclusive content such as videos, blogs, and resources tailored for professional development.
Instructor Update – this is a further education event that is open to active KMG Instructors. It can be conducted as a physical workshop or an online event.
KMG Codes and Guidelines – refers to a set of established principles, rules, and standards governing behavior, conduct, and practices within the context of Krav Maga training and instruction. These codes and guidelines serve as a framework for ethical conduct, safety protocols, and instructional methodologies adhered to by practitioners, instructors, and training facilities affiliated with Krav Maga Global (KMG).
KMG Brand & Design Guide/KMG Brand Guide – this guide ensures that the KMG brand image remains clear, consistent, and recognizable across all teams and communication channels. We encourage you to use it as a reference to present ourselves cohesively and professionally. Additionally, where indicated, the Brand Guide serves as a binding guideline to ensure our brand integrity is upheld.
KMG Code of Ethics and Professional Conduct – is a document that outlines the ethical and professional principles that govern decisions and behavior at KMG. It gives general outlines of how Professional Members should behave, as well as specific guidance for handling issues like harassment, safety, and conflicts of interest.
KMG-Country – KMG-Country refers to the geographical territory delineated by KMG-HQ, typically corresponding to internationally recognized countries or states. Additionally, KMG-Country refers to the operational body with its respective Regional Representatives that manages the KMG operations within the territory and provides additional services. Each Instructor is required to be affiliated with a specific KMG-Country and is subject to the codes and regulations established within that designated area. The KMG-Country assignment is determined by the primary location of the Instructor's activities.
KMG Curriculum/Curriculum – the official list of techniques, tactics, and solutions provided by KMG-HQ for the different grades and courses.
KMG Passport – is the trainees’ logbook, an entrance into the world of Krav Maga Global training. It documents all successful level tests, certifications, and participation in courses and events. Only authorized KMG representatives can add and write in the passport.
KMG Safeguarding & Child Protection Policy – this policy describes good practices for our organization to ensure our programs, operations, staff, and partners do not put children and vulnerable people at risk of harm. It also enables us to respond appropriately when concerns and incidents arise.
KMG School – refers to a training facility or institution officially recognized and certified by KMG-HQ to offer Krav Maga training.
KMG School Owner Membership – is a business membership for schools/training providers that offer KMG-certified Krav Maga training. The Membership provides a range of benefits, rights, and obligations as described in the document KMG School Owner Membership.
KMG Social Media Policy – this is the code of conduct that provides guidelines for KMG Professional Members who post content on the Internet either as part of their job or as a private person.
KMG Student/Trainee – means any person who is a member of a club or school operated by a School Owner and who receives instruction in Krav Maga from a KMG Instructor.
KMG uniform/uniform – is the official training attire of KMG, comprising an official KMG pant and an official KMG t-shirt.
Krav Maga – refers to a self-defense system encompassing techniques and principles aimed at enhancing Personal Safety and Security through practical and efficient means.
Krav Maga Global (KMG/Organization) – refers to the Krav Maga Global Organization represented by K.M.G - Krav Maga Global Ltd, and the services, materials, methods, and systems provided by KMG.
Krav Maga Global Headquarters (KMG-HQ) – means the world governing body, represented by K.M.G - Krav Maga Global Ltd, at present, headquartered in Israel; its management team, employees, staff members, and its services.
Logo – the KMG logo and all of its variations, the Krav Junior logo and all its variations.
Level Certification/Test – refers to an assessment process within the KMG Curriculum designed to evaluate the skill level of a trainee or instructor. This evaluation follows established standards and is conducted by approved examiners recognized by KMG-HQ. Successful participants who demonstrate proficiency at their assessed level will be awarded a specific diploma and corresponding patch.
Party – refers to each individual or entity that is involved or bound by the terms and conditions outlined in this Agreement.
Patches and Diplomas – in the KMG Curriculum, there are 5 Practitioner Levels, 5 Graduate Levels, and 5 Expert Levels. Upon successfully passing a level certification (level test), the trainee receives a specific diploma and a corresponding patch indicating their current level of achievement.
Personal Information – refers to information or an opinion (including information or an opinion forming part of a database), whether true or not, recorded in writing or spoken, about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion.
Personal Safety and Security – refers to measures, practices, and strategies designed to safeguard individuals from harm, threats, or risks to their physical well-being and the protection of their assets or interests.
(KMG) Professional Member – means all persons and organizational units that take on a representative role within KMG. These include, for example, KMG Headquarters (KMG-HQ) with its staff members, Country Directors and Representatives with their staff members, Global and International Team of Instructors (GIT), International Coaches Team (ICT), National Team of Instructors (NT), School Owners (SO), Instructors.
Professional Content/Materials – refers to a comprehensive collection of educational, informative, and marketing materials provided by KMG-HQ for the benefit of the Professional Member. These materials include, but are not limited to, online and offline resources such as lesson plans, blogs, pictures, videos, best-practices-tips, and any other content intended for the professional development, instruction, and promotion of KMG - Krav Maga.
School Owner (SO) – (also referred to as ‘Club Owner’ in other KMG documents) refers to an individual or group of individuals who own or operate their own training business or school in the Region providing instruction in Krav Maga (whether through private lessons only or regular classes) as part of its service offering.
Territorial Protection – the exclusive right to operate a Krav Maga Global affiliated school in a certain territory. The territory will be identified as a number of kilometers in any direction from the school address as defined by Google Maps from a linear measurement. The exact radius differs from geographic regions and is influenced by factors such as KMG development, infrastructure, and population. The designated territory of the SO is determined at the time of registration and the conclusion of the SO Membership. No Instructor is allowed to offer services without the consent of the SO within this territory.
Territory/Region/Country – the geographical area of which the School Owner of this agreement is located, residing, and operating a Krav Maga Global affiliated school, or the geographical area a Director or RR is appointed to.
Trade Mark – refers to trademarks owned by KMG-HQ, whether registered or unregistered.

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Document name: KMG Instructor Membership Subscription Contract
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2023-07-24 19:00 CESTKMG Instructor Membership Subscription Contract Uploaded by Jan Tevini - contact@kmguniversity.com IP 151.38.224.42