Brain Gym® Instructor / Consultant

Sublicense Agreement

This Agreement made this day of , 20 , between the Ed-

ucational Kinesiology Foundation, DBA Brain Gym® International and DBA Breakthroughs In-
ternational, a California nonprofit public benefit corporation, having an address of 315 Meigs Road,
#A338, Santa Barbara, California 93109 (hereafter referred to as “Foundation”), and
, to be known as Licensed BRAIN GYM ® Instructor/Consultant, (hereafter
referred to as “Sublicensee”). This sublicense is issued by the Foundation and covers the use of
trademark and copyright protected materials based on the work of Paul Dennison and Gail Denni-
son.

WITNESSETH

WHEREAS, Paul and Gail Dennison (the Dennisons) have made significant innovations in
relation to enhancing whole-brain learning through an educational body of work including a system
of specifically named and organized physical movements and activities referenced as Educational
Kinesiology (hereafter referred to as “Edu-K”);

WHEREAS, the Foundation owns the service mark for the term “Brain Gym” in the context
of whole brain integration through movement;

WHEREAS, the Foundation has an exclusive international license embodying the Den-
nisons’ goodwill and has the responsibility to oversee the quality, image, and consistency of Edu-K
materials developed by the Dennisons and associated with their name and life work. (see “License
Agreement,” dated February 11, 2000);

WHEREAS, the Edu-K materials include copyrighted works, trademarks, curriculum, and
methodology known as the BRAIN GYM ® 101 Course, embodied and published in the BRAIN
GYM ® Handbook, BRAIN GYM 101: Balance for Daily Life (hereafter referred to as “BRAIN
GYM ® Materials”);

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BRAIN GYM Instructor/Consultant Sublicense Agreement
Revised May 2018
 WHEREAS, included in the Edu-K materials are copyrighted works, trademarks, curricu-
lum, and methodology known as the Educational Kinesiology In Depth: Seven Dimensions of Intel-
ligence process, including the Integrated Movements, embodied in a manual entitled Educational
Kinesiology In Depth: The Seven Dimensions of Intelligence (hereafter referred to as the “In Depth
Manual”);

WHEREAS, the Sublicensee has satisfactorily completed all prerequisites set forth in Exhib-
it A for being licensed as a BRAIN GYM ® Instructor/Consultant and now wishes to teach the
BRAIN GYM ® Materials;

NOW, THEREFORE, in consideration of the promises and mutual covenants contained be-
low and other good and valuable considerations, the parties agree as follows:

1. Grant.

a. The Foundation hereby grants to Sublicensee a non-exclusive, non-transferable right

and sublicense to use the BRAIN GYM ® Materials for teaching the BRAIN GYM ®
101 Course. People trained in one country and who will be teaching in another
country must comply with the requirements and regulations of that country’s local
government, and approved affiliate organization,

b. Subject to compliance with the requirements set forth in the attached Exhibits A and
B, the Foundation also grants to Sublicensee a non-exclusive and non-transferable
right and sublicense to use the BRAIN GYM ® Materials, In Depth Manual, and con-
tent from other Brain Gym coursework taken, to conduct private consultations with
individuals. People who are trained in one country and who will be consulting in
another country must comply with the requirements and regulations of that country’s
local affiliate organization and have permission to consult in that country.

c. Subject to compliance with the requirements set forth in the attached Exhibits A and
B, the Foundation further grants to Sublicensee a non-exclusive and non-transferable
right and sublicense to teach any course on the current Brain Gym curriculum for
which Sublicensee has completed the requirements. People trained in one country

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BRAIN GYM Instructor/Consultant Sublicense Agreement
Revised May 2018
 and who will be teaching in another country must comply with the requirements and
regulations of that country’s local affiliate organization and have permission to con-
sult in that country.

2. Title. During the term of this Agreement and subject to the terms and conditions herein; Sub-
licensee may use the title of Licensed BRAIN GYM ® Instructor/Consultant.

3. Quality Criteria. In carrying out the sublicense granted herein, Sublicensee agrees to follow
the guidelines and quality standards set forth in Item 4 of this Agreement.

4. Course Content. Sublicensee agrees to use the current BRAIN GYM ® 101 Handbook as the
syllabus for the BRAIN GYM ® Course, and agrees to use only approved course materials
for any other course on the Brain Gym curriculum for which Sublicensee is permitted to
teach. The Foundation may change the content of the BRAIN GYM ® Course, BRAIN GYM
Curriculum, or the BRAIN GYM ® Materials. Such changes will be communicated to Subli-
censee through publications, the Practicum course, or a special required “Update” course
offered at the discretion of the Foundation with faculty recommendation.

5. 10% Royalty Fees. Sublicensee agrees to register all participants of the BRAIN GYM ® 101
Course, or any other course for which the instructor is approved to teach on the Brain Gym®
curriculum (including but not limited to OBO, Visioncircles, Double Doodle Play, etc.), with
the Foundation or regionally approved affiliate within 15 days of course completion. The
enrollment process includes sending a course roster with the name, address, email and tele-
phone number of the course instructor and each participant, as well as a royalty of ten per-
cent (10%) of the gross revenue less the cost of the manual, received from each student. The
Foundation will not share student data nor email students unsolicited without each student
opting in.

6. Program. Sublicensee agrees to explain the Foundation program as it appears in the current
year’s listing or website.

7. Student Commitment. At the time students enroll in the BRAIN GYM ® 101 course, Subli-
censee shall have each student sign an Enrollment Agreement, attached hereto as Exhibit C,

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BRAIN GYM Instructor/Consultant Sublicense Agreement
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 to respect the Foundation’s trademark and copyright protected materials. This includes a
statement whereby the students agree to refrain from teaching the BRAIN GYM ® 101
course or representing themselves as a BRAIN GYM Instructor or Consultant until they
have completed the Consultant and Teacher Practicum requirements of Brain Gym® In-
ternational or the regionally approved affiliate. The students may use or share any of the
information learned at a workshop or course. They may not advertise as a BRAIN GYM®
Instructor/Consultant nor charge for teaching or consulting until they have received their
BRAIN GYM® Instructor/Consultant sublicense which has been signed by a Brain Gym In-
ternational or regionally Approved Affiliate representative.

8. Trademark. Sublicensee shall use the ® trademark symbol whenever BRAIN GYM ® is dis-
played in the promotion of Sublicensee’s courses and all students will be instructed that
BRAIN GYM ® is a registered trademark which is used in association with all BRAIN GYM
® media displays, websites, activities, courses and materials. The following is an example of
an appropriate notice: “BRAIN GYM ® is a registered trademark of the Educational Kinesi-
ology Foundation and is used by permission by its recognized Affiliate Organizations. The
Educational Kinesiology Foundation office is located at 315 Meigs Road, #A338, Santa
Barbara, California, USA. Phone: 805-886-4718. Email: info@braingym.org. Website:
www.braingym.org. ”

9. Copyright. Sublicensee may photocopy and quote from Foundation publications for adver-
tising and teaching purposes only. The only Brain Gym® materials (manuals, books, posters,
etc.) that Sublicensee may sell are those that have been approved by the Foundation’s Re-
view Team in Santa Barbara, California, USA.

10. Approval of Trademark and Copyright Use. Sublicensee agrees to sell only BRAIN GYM ®
Materials approved by the Foundation or regionally approved Affiliate. In teaching or ad-
vertising the BRAIN GYM ® Materials, Sublicensee agrees to clearly delineate between ap-
proved BRAIN GYM ® Materials and any supplementary materials. The Foundation re-
serves the right to approve all website advertising for BRAIN GYM ® activities, courses and
publications. The Edu-K Foundation currently located in Ventura, California, USA, in con-
junction with the copyright holders must approve all materials sold when there is no region-
ally approved affiliate to oversee this process.

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BRAIN GYM Instructor/Consultant Sublicense Agreement
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11. Independent Contractor. Sublicensee is an independent contractor and is not an employee or
otherwise under the control of the Foundation. Sublicensee shall have no power or authority
to incur or create any liability or obligation for, or in the name of, the Foundation. This
Agreement does not create a partnership, joint venture or agency relationship.

12. Indemnification. Sublicensee agrees to indemnify and hold harmless the Foundation and its
respective employees, officers, directors, agents and representatives from and against any
and all liabilities, claims, suits, causes of action or legal proceedings of any sort arising out
of, resulting from, or relating to this Agreement.

13. Term. This Agreement shall be first signed by Sublicensee and shall be effective as of the
date the Foundation representative signs and dates this Agreement. This Agreement shall
continue for a term that expires on the fourth anniversary of the licensure date, unless termi-
nated for reasons outlined in paragraph 14 below. Renewal will occur for successive four-
year periods provided all re-licensure requirements, as set forth in the attached Exhibit B
have been completed, and a current instructor sublicense has been signed with the Founda-
tion (in Santa Barbara, CA) or an approved Affiliate in which the instructor/consultant is
registered. Licensure requires an annual membership/license fee as set by the Board of Di-
rectors and paid to the Foundation. Approved Affiliates set their own fees. This fee is in ex-
change for the privilege of using the phrase “Licensed Brain Gym Instructor/Consultant”. A
lapsed license may be reinstated according to the requirements as set forth by the In-
ternational Foundation or approved Affiliate Organization.

14. Termination

a. The Agreement may be terminated at any time upon the mutual written consent of the
parties.

b. The Foundation may terminate this Agreement, upon the recommendation of the Faculty
and approval of the Foundation Board of Directors, with forty-five (45) days written no-
tice to Sublicensee, if Sublicensee fails to fulfill responsibilities as outlined in this con-
tract.

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BRAIN GYM Instructor/Consultant Sublicense Agreement
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c. In the event that Sublicensee modifies and/or alters the description and/or re-names any
of the movements or activities described in the BRAIN GYM® Materials, and thereafter
utilizes such modified or renamed movements in Sublicensee’s own materials, publica-
tions, and/or courses, then the Foundation may terminate this Sublicense Agreement ef-
fective upon written notice to Sublicensee.

d. Upon termination of this Agreement, Sublicensee agrees to discontinue representing

him/herself as a BRAIN GYM ® instructor/consultant.

e. Responsibilities and Standards of Professionalism

1) Sublicensee agrees to use current course materials for all courses taught on the
Brain Gym curriculum.

2) Sublicensee agrees to clearly distinguish and delineate between his/her verbal

and written work done under this Agreement and work emanating from other
workshops or endeavors in which Sublicensee is involved. For example, the
BRAIN GYM ® Course should not be used to promote nutritional products.

3) Sublicensee may notify the Foundation of planned courses so that courses can be
included in the Foundation’s published schedules.

4) For the purpose of welcoming, supporting, and tracking student coursework in

the licensure process, Sublicensee agrees to submit to the Foundation a clear, de-
tailed and accurate roster of all classes.

5) Sublicensee agrees to abide by the Educational Kinesiology Foundation Code of

Ethics and Professional Standards for BRAIN GYM Instructors/Consultants,
(Exhibit D).

6) Sublicensee agrees to comply with the styles and standards of the Educational
Kinesiology Foundation/Brain Gym® International as posted in the current Edu-K
Style Guide as well as any Brand Guide if available.

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BRAIN GYM Instructor/Consultant Sublicense Agreement
Revised May 2018
 7) Sublicensee understands that customer satisfaction is paramount to the success of
the program, and therefore agrees to publicize a clearly advertised money-back
guarantee policy for all courses taught as part of the Brain Gym® curriculum. At a
minimum, if the student is not completely satisfied, and notifies the instructor
prior to the end of the class, a full refund less the cost of manual, certificate, and
venue costs, will be made.

15. Certification and Pledge. Upon signing this Agreement in the designated space below, Subli-
censee represents and confirms that he/she has satisfactorily completed all of the required
training and coursework required for licensure set forth in Exhibits A and D, and that he/she
pledges to uphold the established quality image, principles and philosophy of the Education-
al Kinesiology Foundation as described within this Agreement and Exhibits. In view of this
pledge, Sublicensee receives all rights to use BRAIN GYM ® materials as set forth in this
agreement and exhibits.

Signatures
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BRAIN GYM Instructor/Consultant Sublicense Agreement
Revised May 2018
SUBLICENSEE
Name: (Please print)

Address:

City: State/Province: Postal Code:

Country:

Phone: Email:

Signature

Date

FOUNDATION REPRESENTATIVE(S)

Foundation OR
Approved Affiliate Representative

Name: (Please print) Title:

Signature

Date

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BRAIN GYM Instructor/Consultant Sublicense Agreement
Revised May 2018
 Brain Gym® Licensure Requirements
for Canada and United States
Exhibit A

Brain Gym® Curriculum Required Coursework - 128 Credits

Called the “Core Curriculum”—where fundamentals are learned.

Number Title Credit Prereq. Notes

BG101 Brain Gym® 101 24 open to all

Introduction

BG101 Brain Gym® 101 24 open to all

Recommended to take with a different
Introduction instructor
Review

201OBO Optimal Brain 16 BG101

Organization
EID301 Edu-K In Depth 32 BG101 Bring four completed BG101 case
studies to class.
P401 Teacher 32 completion of Bring completed Case Study Log,
Practicum all licensure Balance Forms, and Private Sessions
requirements Forms to class.

note: In some situations such as how courses are scheduled, and at the discretion of the Practicum instructor,
one may request permission to take this class prior to completing all other requirements (e.g. Practicum is
scheduled before one’s final BG101 review or elective).

Brain Gym® Curriculum Electives - 96 Credits

• All levels from the Brain Gym Curriculum count, with the exception of “Special
Interest” and “Pilot” courses.
• Touch for Health 1 and 2 may count towards the Brain Gym Curriculum electives

Anatomy or Kinesiology - 16 Credits

• Physiological Basis of Learning (PBE 103 from the Brain Gym® curriculum)
• Touch for Health 1 if not used as an elective
• College Transcript with Anatomy and/ or Physiology Credits

Practical Application
Hands On Experiences

• Facilitate 15 Case Studies: 4 from BG101, 3 from EID301, and 8 from course
electives
• Receive 3 Private Consultations from a licensed Brain Gym instructor—you are
encouraged to receive these from more than one instructor to help in forming
your own style.
 Brain Gym® Licensure Requirements
for those outside Affiliates, Canada, or United States
Exhibit A

Brain Gym® Curriculum Required Coursework - 128 Credits

Called the “Core Curriculum”—where fundamentals are learned.

Number Title Credit Prereq. Notes

BG101 Brain Gym® 101 24 open to all

Introduction

BG101 Brain Gym® 101 24 open to all

Recommended to take with a different
Introduction instructor
Review

201OBO Optimal Brain 16 BG101

Organization
EID301 Edu-K In Depth 32 BG101 Bring four completed BG101 case
studies to class.
P401 Teacher 32 completion of Bring completed Case Study Log,
Practicum all licensure Balance Forms, and Private Sessions
requirements Forms to class.

note: In some situations such as how courses are scheduled, and at the discretion of the Practicum instructor,
one may request permission to take this class prior to completing all other requirements (e.g. Practicum is
scheduled before one’s final BG101 review or elective).

Brain Gym® Curriculum Electives - 16 Credits

• All levels from the Brain Gym Curriculum count, with the exception of “Special
Interest” and “Pilot” courses.
• Touch for Health 1 and 2 may count towards the Brain Gym Curriculum electives

Anatomy or Kinesiology - 16 Credits

• Physiological Basis of Learning (PBE 103 from the Brain Gym® curriculum)
• Touch for Health 1 if not used as an elective
• College Transcript with Anatomy and/ or Physiology Credits

Practical Application
Hands On Experiences

• Facilitate 7 Case Studies:

- 4 from BG101: bring to EID301
- 3 from EID301: bring to P401
 Licensed Brain Gym® Instructor
Re-Licensure Requirements
Exhibit B

48 Credits Required Every Four Years

• 24 Credits must come from the Brain Gym® Curriculum: includes Brain Gym®
curriculum courses, annual conferences, faculty updates, forums, and annual
conference recordings as available.

• 24 Credits can come from either the Brain Gym Curriculum or from 7 Alternative
Credit Categories (maximum 12 credits per category):

Max
Category Title Credit Notes
Allowed

1 Public Service 12 Share the BG work as a volunteer to those who

cannot afford the usual services

2 Volunteer 12 Serve on the Board, Committee, or Special

Project; Translate materials; Mentor (upon
approved guidelines)

3 Teach or Sponsor 12 Teach BG101 or Sponsor Courses (2/course)

4 Complementary 12 Complementary programs are those that support

Coursework and/or align with the Brain Gym program.

Pre-approved ▪ Bal-A-Vis-X
▪ Touch For Health
▪ Education Through Music
▪ Rhythmic Movement Training International
(RMTi)
▪ Feldenkrais
▪ Remanlay Acureflex Integration (RAI)
▪ CranioSacral
▪ Movement Based Learning
▪ Qinesiology
▪ Movement and Mindfulness Curriculum
Certification
▪ Masgutova Method (MNRI)
▪ Blomberg Rhythmic Movement Training
(BRMT): Levels 1-3 only

One-time approval contact us for more information

5 Special Events 12 Attend and/or present at local Brain Gym days/

Annual Conference; Attend and/or present at
other conferences

6 Professional 12 Attend courses that increase Business/

Development Professional Skills; Participate in study groups/
network meetings; Complete book reports
relevant to Edu-K

7 Other 12 Develop a course or product; Conduct research

on kinesiology-based approaches; Publish an
article about Edu-K
 Instructor Sublicense
Exhibit C

ENROLLMENT AGREEMENT

Please enroll me as a student of the Brain Gym® 101 course. I understand and
agree that:

• I am participating in the Brain Gym® 101 course for my personal and

professional development only.

• In order to teach the Brain Gym® 101 course, I must complete the necessary
coursework and hold a valid sublicense with the Educational Kinesiology
Foundation/Breakthroughs International.

• In order to charge a fee for my services as a Brain Gym® Instructor/

Consultant in any capacity, I must complete the necessary coursework and
hold a valid sublicense with the Educational Kinesiology Foundation/
Breakthroughs International.

• The information in the Brain Gym® 101 course is trademark- and copyright-
protected.

• There is a Foundation review process for courses and products arising from
the Brain Gym® work, and that I can contact info@braingym.org for further
information.

______________________________________ ______________________________
Student signature Date

______________________________________
Student name printed

Address:_______________________________ Phone: _______________________

_________________________________ Alt. Phone: ___________________

_________________________________ Email: _______________________

Educational Kinesiology Foundation/Brain Gym® International

318 Meigs Road, #A338, Santa Barbara, CA 93109

Brain Gym® is a registered trademark of Brain Gym® International/the Educational Kinesiology Foundation.
 Instructor Sublicense: Exhibit D

Instructor Code of Ethics

All Brain Gym Instructors and members of the Educational Kinesiology International Faculty
agree to abide by the following tenets:

• To follow an educational model that honors the inborn intelligence of each individual and
draws out learning through natural movement experiences

• To communicate with students and peers in a respectful manner

• To honor confidentiality, the only exception to this being issues of child abuse, potential
suicide, or the revelation that someone poses a threat to another (in many states these
must by law be reported to appropriate authorities)

• To orient to the process rather than to end results, focusing on students’ gifts and
potential and using difficulties as a springboard to educate and empower

• To foster constructive interactions by using a noticing model (see the Practicum manual,
pages 12, 14, and 15) and avoiding any suggestion of blame

• To abstain from labeling, treating, prescribing, or diagnosing

• To respect the client’s or student’s personal responsibility and choices

• To honor integrity in any interaction involving touch by maintaining appropriate

professional boundaries, never violating trust through inappropriate intimacy

• To honor equally the rights of all and maintain an appropriate neutrality regarding
gender, creed, ethnicity, politics, education, or religion

• To honor the thoughts and feelings that we see, sense, or hear spoken, as well as honoring
information determined through muscle checking, recognizing that muscle checking
provides information for the decision-making process yet does not preempt thinking and
sensing

• To be financially honest and fair in all areas of business

• To acknowledge and celebrate any mental, emotional, or physical improvements as the

student’s or client’s own

December 2005, Drawn from the International Faculty Guidelines of July 1996