- RTSm Student Agreement
This agreement is hereby entered into for good and valuable consideration and for the exchange of mutual promises this day (date), between RTS, LLC, an Oklahoma Limited Liability Company (hereinafter referred to as “RTS”) and (student name), a student, registrant, attendee, or guest, and extending to any entity with which the party is an owner, partner, member, executive, advisor, employee, contractor, consultant, or in any way functions as an agent thereof, (hereinafter referred to as the “I” or “PARTICIPANT”) of an RTS® course, program, lecture, workshop, or meeting (hereinafter referred to as the “presentation”).
This agreement will remain in force until amended or cancelled. This agreement is binding on all parties, whether the participant is connected in any way with RTS® or not.
Physical Participation Waiver of Liability
I understand that physical participation in any demonstration whether it be actual exercise performance or classroom examples of physics/mechanics-based properties or concepts is optional and I will be responsible for determining my own readiness and ability to participate. I understand that it is my responsibility to decline participation for any reason, be it physical, emotional, or otherwise.
I assume all risk and responsibility for any and all physical activity (or the lack thereof) I perform before, during, and/or after the educational program I am attending. I agree to hold harmless RTS, LLC and all owners, faculty, administrators, agents, vendors, and contractors.
Recording of RTS Classes and Presentations is Prohibited
I understand that I am allowed to audio record this presentation for my personal study and review purposes only. I will not duplicate or transmit any portion of the recorded information for/to any other individual, or organization for any reason. I will not post or otherwise make available these recordings on or via the internet or any current or future medium. I acknowledge that video recording is strictly prohibited. I understand that if I record or photograph any portion of class my recording device will be confiscated, and I will freely submit it.
I understand that RTS, LLC shall have all rights, title, and interest in any authorized or unauthorized photograph or video taken at any RTS class or RTS related event, by photographers commissioned by RTS, or by any student, observer, attendee, or bystander for the purpose of documenting classes, participants, and course activities, for advertising future events or otherwise as RTS shall reasonably determine. During and after the term of this Agreement, RTS shall have the right to use the PARTICIPANT’S likeness and similar characteristics contained in photographs or videos taken before, during, or after the classes for the purpose of documenting and potentially displaying past classes as well as advertising, promoting, selling, and otherwise merchandising for future events, as well as online education through RTS or other platforms.
I understand that I am prohibited from photographing any and all members, clients, patients, facility personnel or the facility itself.
I understand that authorized photography may only capture the likenesses of participants in RTS class and must not include any trainer, member, patient, or client of the host facility is in the foreground or background.
I understand that I am prohibited from taking video or pictures of any and all equipment and/or equipment modifications that exist within the host facilities.
Social Media Restrictions, Limitations, and Individual Consent
In will not post or share any video or photograph taken before, during, or after any RTS class on social media without the documented consent of every individual included in the background or foreground, as well as signed, written consent of an authorized agent of RTS, LLC.
In will not post or share any statements or commentary made by the presenter/s or attendees during class, be they literal quotes or paraphrased to any degree or in any manner without prior written authorization of the individual/s.
Equipment: Non-disclosure and Prohibited Imaging
I acknowledge that I am prohibited from photographing and video recording any aspect of any piece of equipment within the host facility at any point in time be it in conjunction with class or otherwise. I understand that if suspected of violation, any recording device (ipad, phone, camera, etc.) will be confiscated and I will freely submit it.
I understand that every piece of equipment is in the host facility or related facilities for one or more reasons:
- It is in some stage of redesign as a part of the exploration of resistance profiles and/or as a profile prototype with one or more aspect of redesign, function, or feature being proprietary in nature.
- To exhibit poor design for class analysis purposes and is used purely to explore potential modifications in user set up or execution to determine if it has any redeeming value for a given individual, and therein may not be a recommended purchase.
- I will not purchase or advise the purchase of equipment based solely upon the fact that it currently resides in the host facility, related facility, or storage.
I acknowledge that I may hear about, see, and be asked to analyze various pieces of equipment and/or modifications thereof and will consider each to be proprietary.
I will not offer or in any way directly or indirectly present any information regarding any aspect of said equipment to any past, present, or future manufacturer or anyone in a position as consultant or educator associated directly or indirectly with an equipment company. I am not and will not consult with any exercise equipment manufacturer.
I acknowledge and agree that all equipment information is offered purely for use to make modifications in execution for my clients and only as long as they are not related to any manufacturer directly or indirectly as well as simplistic modifications as demonstrated in class with magnets, rubber, tubing, webbing, etc., and as utilized only as show in class/lab, etc. If these tools are utilized, they will not be attached in a manner that compromises any aspect of the associated machine. Any changes will not involve structural redesign or remodel of the machine itself. I understand the altering the original manufactured design of any equipment voids warranty and manufacturer liability while potentially increasing my personal liability as well as that of my employer or contracted facility owner.
I will not disclose to any individual or group any information, be it written, spoken, or physically demonstrated regarding the equipment design, analysis, modification, of any brand or prototype past, current, or future, nor any quote from, by, or related to any inventor, engineer, designer, or manufacturer representative presented in lecture, practical lab, or any gathering of any RTS teachers or students outside of the formal RTS setting.
Application of Information: Practitioner Responsibility
I understand that the information presented may not apply to a specific client/patient at a specific point in time, or at any point in time. I understand the application of any and all information with any individual client or patient is my responsibility, the outcomes of which are solely influenced by my level of understanding, my thought processes, my problem solving and decision-making abilities, my investigation and progression skills, and my delivery skills, as well as the current status of the individual to whom they are applied. I release RTS and the Instructor/s from any liability associated with my misapplication, misunderstanding, misinterpretation, investigation and progression skill level, generalizations in applications, etc.
I understand that the nuances and intricate details of “how” the information is strategically applied is a matter for cautious “trial and error” and cannot be taken for granted, generalized or protocolized. The execution of any exercise will have my constant, unwavering, and undivided attention such that I may make immediate and timely decisions regarding “C.R.A.M.P.”™ (Continue? Regress? Abort? Modify? Progress?) during the performance of any fraction of any repetition.
Ultimately, I will not practice via “auto-pilot”. I will not use predetermined methodologies, procedures, protocols, treatments plans, number schemes, ranges of motion, loads, etc. I will constantly ask myself “what am I missing?” and never put the client or patient at risk, even if the situation, “exercise”, or “workout” is considered a norm by the rehab and fitness communities and related industries at large.
Note: According to the World Intellectual Property Organization (WIPO) intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Although the basic scientific principles utilized within the RTS presentation are in the public domain (known principles of physics, etc), the application of this information to the mechanical study, analysis, and creation of resistance exercise and related sciences (kinesiology, etc.), the conclusions derived, and the methods by which it is organized, communicated, explained, applied, delineated, delivered, and otherwise taught are original and are considered proprietary as are the original visual aids, teaching tools, biomechanical and anatomical models constructed and utilized by Tom Purvis since 1997.
Both parties agree and acknowledge that the concepts, theories, philosophies, techniques, procedures, processes, products, trademarks, servicemarks, associated materials, schematics, specifications, methods of teaching, organization of information, prototypes, methodologies, speculations, conclusions, applications, insights, as well as delivery and teaching methods (hereinafter referred to as “INFORMATION”) presented are original, valuable, special, and unique assets of Tom Purvis and RTS, LLC, and are recognized as proprietary information and materials.
Citation is expected in the manner deemed appropriate by scientific publication standards. Unlike a bibliography wherein a list of sources is offered, but content is not directly or specifically referenced, proper citation standards are required when including any information, concepts, etc. presented in any form by Tom Purvis and/or RTS.
As dictated by the requirements set forth by the following professional publication organizations, each individual quote, paragraph, sentence, concept, idea, graph, procedure, conclusion, or image is expected be referenced by each source from which it was derived. The same is expected in live presentations of intellectual property. Any omission in citation of each and every individual piece of information acquired through Tom Purvis or RTS will be considered
- If an exact reference is not known or recalled, intellectually honesty demands that the presenter state that he/she can’t recall where it was learned, but admits the information is not original.
- If the source is a live presentation rather than a publication, the reference should state the title of the presentation and the presenter, the title, the date, and the location.
- Information from conversations should be denoted as such with the name of the individual, topic of conversation/discussion, date, and location.
- “I have read so many books, heard so many presentations”, or similar indications that there are too many sources of information to reference even one is considered a violation of this agreement. Research articles often have numerous references listed for a single point. “I’m sure there are many sources for this, but I first heard it from/read it in _______” is an acceptable and responsible means of referencing for this agreement.
- Today, many presenters are offering information without referencing or citing a firsthand source, much less a second or thirdhand source, meaning that they learned it from someone, who learned it from someone, who learned it from Tom Purvis sometime since 1986.
- Your firsthand source should be cited, ie., “I first learned this from/read it in _______, who cites __________” is an acceptable and responsible means of referencing for this agreement.
- Given that the methods of teaching, order of presentation, exercise analyses, exceptions to accepted science and texts, and many specific methods of exercise execution, cueing, teaching, programming, and progression presented are original, began in 1985, and have continually evolved via continual exploration, examination, and actual use during over 51,000 in-person contact hours with patients and clients, it is highly unlikely that anything similarly presented is original to that presenter, especially on social media.
Considerations and guidelines for referencing intellectual property:
World Intellectual Property Organization (WIPO) and the Berne Convention for the Protection of Literary and Artistic Works
MEDLINE®/PubMed® Journal Article Citation Format
International Committee of Medical Journal Editors (ICMJE) offers guidance to authors in its publication: Recommendations for the Conduct, Reporting, Editing and Publication of Scholarly Work in Medical Journals (ICMJE Recommendations) https://www.icmje.org/recommendations/
The National Library of Medicine Style Guide for Authors, Editors, and Publishers, Citing Medicine, 2nd edition
The Importance of Proper Citation of References in Biomedical Articles
Representation of the Presenter and the RTSm Program
While I will reference Tom Purvis, and when applicable RTS®, as the source of any specific information, but not as support for the validity of said information, nor for my interpretation or application of it. I understand that only through clear and accurate communication of the rationale for application can I truly offer support or validation. Furthermore, I recognize that specific applications are client specific and I will refrain from making generalized recommendations on social media and otherwise.
I will endeavor to avoid misrepresentation of Tom Purvis and the RTS Program via inaccurate statements regarding the information or perspectives of the program or its faculty.
I will not generate, incite, enter, or sustain any oral or physical conflict that is founded on the goal of “being right,” proving another “wrong,” or gratuitously displaying my knowledge and experiences. I will refrain from commenting on, “liking” or “disliking” other’s social media posts. I will refrain from verbalizing, depicting, or otherwise posting “soundbites”, absolutes, and/or generalized information, instructions, advice, exercise “how-to’s” and/or guarantees of any version of results, positive or negative, relative to any specific activity, exercise, type of workout, brand, or organization.
The following are legally registered trademarks owned by Tom Purvis. Use of any trademark in any written form must include the “circle R”, as well as acknowledgment either immediately following its use or at the bottom of the page and indicated by an asterisk. The acknowledgement verbiage should include: “_______ is a registered trademark of Tom Purvis.”
- Resistance Training Specialist®
- Exercise Continuum®
- Functional Continuum®
- Continuum Training®
- Internal Performance®
- Strategic Variation®
- Progressive Abdominal Device®
- Custom Fit Exercise®
- Focus On Fitness®
- Trainer to the Trainers®
Tom Purvis and RTS own volumous copyrighted materials and intellectual properities which are documented in printed materials including, but not limited to textbooks, manuals, articles, white papers, brochures, and websites from 1988 to the present as well as video recordings of live presentations, educational video series, and equipment/exercise instruction from 1995 to the present.
Additional copyrights of commissioned intellectual properties from 1989 to present exist in the form of manuals, textbook submissions, white papers, biomechanical analyses, instructional manuals, instructional videos, and live presentations for the National Academy of Sports Medicine, the American Council on Exercise, the Mayo Clinic, the University of Oklahoma School of Medicine, the University of Oklahoma department of Rehabilitation Sciences, Cybex, Natulilus, Bowflex, IDEA world conferences, IDEA personal training conferences, the Cooper Institute, Purdue University Department of Kinesiology and Exercise Science, University of South Carolina Medical School, Langston University Department of Physical Therapy, are protected by the specific organization.
All trademark and copyright infringements are aggressively pursued upon acquisition of adequate evidence.
The PARTICIPANT acknowledges, understands, and agrees that use and disclosure of the information presented is intended for and will be limited to:
- Translation into direct, face-to-face client/patient use and applications (whether it be group exercise, one-on-one exercise/intervention)
- Equipment analysis exclusively for purchase decisions and client/patient use.
- Informal staff discussions, workshops, and in-services attended only by those which you directly employ, contract, or manage.
The PARTICIPANT acknowledges, understands, and agrees that the information is not to be used in any manner that would be considered in competition with RTS, LLC or Tom Purvis, or any agent thereof worldwide including but not limited to:
- Publication in whole, in part or via derivation in books, magazines, manuals, video, websites, etc.
- Equipment design, consultation, and/or manufacture
- Educational lectures or presentations of any kind in any form or on any platform including but not limited to industry lectures (exercise, sport, rehabilitation, training, personal training, coaching, fitness, physical therapy, chiropractic, and the like), general public presentations, certifications, or directly or indirectly informing other industry leaders, presenters, authors, etc.
- Creation of derivative information
- Formal staff or employee training, education, or related materials, including manuals and hand-outs.
- Furthermore, the PARTICIPANT acknowledges and recognizes RTS® information and the style by which it is presented at RTS® as unique within any of the above or related industries and agrees not present it as his/her own or for any other entity or individual who is offering it or any derivation thereof under the guise of his, hers, theirs, or its own.
The information and teaching methods are under continuous development and are subject to change. Future versions may or may not be the same as those covered in the presentation.
Any ideas or concepts presented in class by participants become the property of RTS. No compensation of any kind is to be expected from any revenue that may result from implementing or incorporating these ideas or concepts into an RTS product or service.
In the event of the breach or threatened breach by the PARTICIPANT of the provisions of this agreement, RTS shall be entitled to an injunction restraining the PARTICIPANT from disclosing, in whole, in part, or any derivation thereof the aforementioned Proprietary Information or from rendering any services from any person, firm, corporation, association, or other entity to whom such Proprietary Information, in whole, in part, or any derivation thereof, have been disclosed or is threatened to be disclosed. Nothing herein shall be construed as prohibiting RTS® from pursuing any other remedies available to RTS® for such breach or threatened breach, including recovery of damage.
I have read, understand, and agree to each of the above provisions and terms and acknowledge the legal implications of any violation.