Instructor Terms

Welcome to FITZILLA (hereinafter referred to as the “website” or “site” or “we” or “us”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our website constitutes your agreement to all such Terms.

Our website is owned and operated by CLOUDSIRE LLC with its office located at 10233 S Parker Rd, #300, Parker, CO 80134, USA.

If you are an Instructor, these Instructor Terms & Conditions (the “Instructor Terms”) contain the terms and conditions of your participation as an Instructor via FitZilla Services. This is a binding agreement between you and FitZilla and is incorporated by reference into FitZilla’s Terms of Use (“Terms of Use”).

Any version of these Instructor Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.



  • I. “Company” shall mean CLOURSIRE LLC which owns and operates the
  • II. “Instructor” shall mean and refer to you, who/which wishes to get its services and courses listed on the Company’s website.
  • III. “Customers” shall mean the individuals who may use the Company’s website for availing services from the Instructor which shall be listed on Company’s website.
  • IV. “Listing” shall mean and include the courses listed on the website of the company by the Instructor.

    2. TERM:

  • I. The Company and the Instructor agree that the term of this agreement shall begin from the day this agreement is accepted by the Instructor and shall continue to be in force till the agreement is terminated as per the methods mentioned in this agreement.


  • I. The Instructor shall be required to register and create an account on the website in order to list and sell their products via the website. Such an account shall be created in the manner as mentioned in the Terms of Use which has been published on the website.
  • II. The Instructor shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. The website has the right to suspend/ terminate the use of the Website by the Instructor if the website discovers or it is brought to the website's notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made there under then in such case the Instructor shall also be liable for all the liabilities, risks, damages and consequences that may arise.

    4. SERVICES:

  • I. The Company via its website offers a platform to the Instructor to get featured on the Company’s website and sell their fitness courses to the registered users on the website..
  • II. For this purpose, the Instructorafter registering on the website can on its own add listings of courses.
  • III. The instructor might upload various videos and other material related to the courses for which the website shall have the right to review and if the content is found violating any applicable laws then the website shall either remove the video without prior consent or remove the Instructor from the website itself at its sole discretion.


  • I. You will visit and complete the Instructor enrolment form and if You choose to charge fees for Your Courses, You will also need to agree again to the pricing terms which are presented to you during the paid Course creation process;
  • II. You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize FitZilla, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these Instructor Terms;
  • III. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  • IV. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on Your Course and through the Services;
  • V. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  • VI. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User;
  • VII. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Customers and shall not add any of your contact information in the videos or the content posted by you;
  • VIII. You will not engage in any activity that will require FitZilla to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings and thus the content you submit should be copyright free;
  • IX. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Instructor Terms;
  • X. You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services;
  • XI. You will not impersonate another person or gain unauthorized access to another person's Account;
  • XII. Your use of the Services are subject to FitZilla's approval, which We may grant or deny in Our sole discretion;
  • XIII. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
  • XIV. You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
  • XV. You will maintain accurate Account information;
  • XVI. You shall respond promptly to customers and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
  • XVII. You are over the age of 18 and have agreed to these Instructor Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.


  • I. At the time of Instructor Registration and/or at any time thereafter and/or from time to time as may be required, the website may seek information, data or documents as may be specified by the website which clearly and unambiguously verifies the details, including the Instructor’s Bank Account provided by Instructor at the time of registration with or at any subsequent date.
  • II. The Company has the right to reject any one or more of the documents submitted by Instructor and may ask for other documents or further information.
  • III. You will also have to submit proper quality videos with images for the manual verification by the website.


  • I. You hereby grant FitZilla a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Services, and sublicense it to Users for these purposes directly or through third parties. For more information on how we may use Submitted Content please visit Our Privacy Policy. Notwithstanding the foregoing, and subject to the Instructor Terms, if you are an Instructor, unless specifically stated otherwise, You have the right to remove all or any portion of Your Submitted Content from the Services at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new Users, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
  • II. You hereby agree that we may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant FitZilla the permission to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.


  • I. The Company shall not be listing and/or selling the following products on/via its website. Thus, the Instructor shall not include the following products in their list/details of products which they provide to the Company for the Company to list and sell on its website.

    a) The Instructor agrees that it is a fitness website and the Instructor shall not sell any physical product and shall only digital services such as online fitness courses, videos, etc.

    b) Adult Material which includes pornography and other sexually suggestive materials (including literature, imagery and other media);

    c) Alcohol including alcoholic beverages such as beer, liquor, wine or champagne;

    d) Animals and Wildlife Products - examples include mounted specimens, and ivory

    e) Artifacts prohibited for sale

    f) Beta Software

    g) Bootleg/Pirated Recordings

    h) Brand Name Misuse

    i) Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam)

    j) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free

    k) Catalogue and URL Sales

    l) Child pornography which includes pornographic materials involving minors

    m) Copies of unauthorized Copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present

    n) Counterfeit Currency and Stamps

    o) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs

    p) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items

    q) Embargoed Goods

    r) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction

    s) Firearms, Ammunition and Knives

    t) Fireworks, Explosives and Explosive Substances; toxic, flammable and radioactive materials and substances

    u) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content

    v) Government IDs and Licenses which includes fake Ids, passports, diplomas and noble titles

    w) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, or other protected property

    x) Hazardous and Restricted Items

    y) Human Parts and Remains

    z) Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine

    aa) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes

    bb) Copyright unlocking items that includes Mod Chips or other devices designed to circumvent copyright protection

    cc) Movie Prints

    dd) Offensive Material - examples include ethnically or racially offensive material or any literature, products or other materials that: i) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors ii) Encourage or incite violent acts iii) Promote intolerance or hatred

    ee) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals

    ff) Police, Army, Navy and Air Force Related Items

    gg) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.

    hh) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines; goods regulated by government or other agency specifications

    ii) Replica and Counterfeit Items including imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods

    jj) Ringtones

    kk) Stocks and Other Securities or related financial products

    ll) Stolen Property

    mm) Tobacco and cigarettes includes cigarettes, cigars, chewing tobacco, and related products

    nn) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments

    oo) Wholesale currency which includes discounted currencies or currency exchanges

    pp) Any other product or service which is not in compliance with all the applicable laws and regulations whether federal, state, local or international including the laws of United States of America.

  • II. The Company reserves the right to modify, update and alter the list from time to time without any prior intimation.


  • I. The Instructor hereby represents, warrants and covenants that:

    a) the prices charged to Customers through the Company’s website will be identical to those charged to any customer who place orders directly with the Instructor;

    b) it will comply, and prepare, sell, market, and provide all products in strict compliance, with all state, and local laws, rules, regulations, and standards pertaining to product sale, marketing, safety, as applicable to the Instructor’s operation of its business;

    c) It has all rights, ownership, licenses and authorizations and is authorized to sale/provide such products to the customer via Company’s website. The copy of such ownership, licenses, authorization shall be provided on demand without failure and/or protest.

    d) Shall indemnify and keep indemnified the Company from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against the Company due to acts/omission on the part of the Instructor.

    e) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of the Instructor’s Marketing Materials pursuant to the license rights granted to Company by this Agreement does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; and

    f) Instructor’s Marketing Materials do not violate any state or federal law, rule, or regulation.

    g) It shall solely be responsible for any dispute that may be raised by the customer relating to the services provided by the Instructor. No claim of whatsoever nature will be raised on the Company.

  • II. The Instructor shall at all time during the pendency of this agreement endeavor to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not infringed.
  • III. The Instructor covenants that it shall not solicit the customers of the Company’s website at any time during the term of this agreement.


  • I. Company’s website allows a Customer to pay for the Order via valid debit/credit card or through at the time of placing the order.
  • II. The Company will charge a commission of 35% on each subscription made to the courses offered by the Instructor. When the customer pays for the course, the Company shall deduct its commission and transmit the remaining amount within 15 days from the date of receiving of the payment by the Customer.


    The Instructor expressly authorizes the Company to use its trade marks/copy rights/ designs /logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the website and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.


  • I. The Instructor warrants and represents that: -

    a) It has the right and full authority to enter into this Agreement with the Company and the agreement so executed is binding in nature.

    b) All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against Instructor.

    c) There are no proceedings pending against the Instructor, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;

    d) That it is an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with the Company.

    e) It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this agreement including but not limited to Intellectual Property Rights, Value added tax, Excise and Import duties, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities.

    f) That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party

  • II. Please note that trust is the most important aspect of trade between buyers and sellers in marketplace and one of the key aspects of trust is fair pricing. For healthy transaction flow on Company’s website, Instructor is required to price its courses responsibly.
  • III. Instructor agrees that appropriate disclaimers and terms of use on Company’s website shall be placed by the Company.
  • IV. The videos and content posted by the Instructor should be unique and not infringing upon the Intellectual Property Rights of any third party.


  • I. Either Company orInstructor may terminate this Agreement any time, for any reason, by providing a thirty (30) days' written notice to the other. The Instructor will however pay the commission for the courses that the customers have subscribed through the website during the notice period of thirty (30) days.
  • II. The Company may immediately terminate this agreement in case of breach of any of the provision of this agreement by the Instructor.
  • III. Company will, as soon as practicable following such termination (or notice thereof, if terminated by the Instructor), remove the Instructor from inclusion in the Company’s Website.
  • IV. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such.


  • I. If, in Company’s sole opinion, the Instructor ignores relevant and applicable laws and regulations relating to the Service, and/or Company’s guidelines on levels of service required of the Instructor then Company shall be entitled to remove the Instructor’s name, its list of services and its logo, from its website without liability to the Instructor.


  • The contents of the agreement and any information passed on by the Company to the Instructor is highly confidential in nature and the Instructor agrees and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated or made available to Instructor under this Agreement. The said information shall not be used by the Instructor or its agents, servants, representatives or any person acting through or claiming through the Instructor for any purpose other than for the performance of its obligations under this Agreement. The Instructor agrees that the unauthorized disclosure or use of such information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Instructor agrees that the Company shall have the right to obtain an immediate injunction from any court of law ensuing breach of this Agreement and/or disclosure of the Confidential Information. The Company shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.


  • Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Instructor and Instructor shall not represent the Company, neither has any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.


  • I. The Company on the basis of representation by the Instructor is marketing the services of the Instructor on its website to enable Instructor to offer its services for sale through the Company’s website. This representation is the essence of the Contract.
  • II. It is expressly agreed by the Instructor that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Instructor or any other party whomsoever, arising on account of any transaction under this Agreement.
  • III. The Instructor agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the services offered for sale through Company’s website and shall hold the Company harmless and indemnified against all such claims and damages. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Instructor or any of its representatives.
  • IV. The Company under no circumstances shall be liable to the Instructor for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Instructor has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Instructor to have been deliberately caused by the Company.

    18. INDEMNITY:

  • I. The Instructor indemnifies and shall hold indemnified the Company, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Instructor’s product, the breach of any of the Instructor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or terms of use of Company’s website or any obligations arising out of the Instructor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, , Goods and Service Tax,Value Added tax, etc.
  • II. This clause shall survive the termination or expiration of this Agreement.

    19. NOTICES:

  • I. Except as explicitly stated otherwise, any notices given to Company shall be given by email to


  • I. This Agreement shall be governed by and construed in accordance with the laws of United States of America, without regard to its choice of law principles.
  • II. The parties consent to exclusive jurisdiction and venue in the state courts sitting in Colorado, United States of America. In any action or suit to enforce any right or remedy under this agreement or to interpret any provision of this agreement, the Company shall be entitled to recover its reasonable attorney’s fees, costs and other expenses.

    21. DISPUTES:

  • I. If there is a dispute between the Instructor and a Customer, the Instructor understands and agrees that Company is under no obligation with respect thereto, and the Instructor, to the fullest extent permitted by law, hereby releases Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with, any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company.
  • II. The Instructor agrees that in case it is unable to resolve its disputes with the customers then the Company has the right to remove the Instructor from its listings on the website and terminate this agreement.
  • III. In case of dispute between Company and the Instructor, the same shall be resolved as per the provisions of the Arbitration laws prevalent in United States of America.
  • IV. The venue of such Arbitration shall be in Colorado, United States of America in order to deal with the arbitration proceedings and the awards in accordance with law.
  • V. The decision of the arbitrator shall be final and binding.
  • VI. The language to be used and all written documents provided in any such arbitration shall be in English.


  • This agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.


  • The Instructor shall have no right to (a) assign this agreement, by operation of law or otherwise; or (b) subcontract or otherwise delegate the performance of the services without Company’s prior written consent which may be withheld as Company determines in its sole discretion. Any such purported assignment shall be void. The Company at its sole discretion may assign this agreement to any third party.


  • If any provision of this agreement shall be found invalid or unenforceable, the remainder of this agreement shall be interpreted so as best to reasonably effect the intent of the parties.


  • Instructor acknowledges and agrees that in the event of a breach or threatened breach of this agreement by Participating Instructor, Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this agreement.


  • I. Any amendments and modifications to this agreement by the company shall be mentioned at the end of this agreement along with the date of modification.
  • II. No amendments and/or modifications to this agreement by the Instructorshall be valid unless agreed to by both the parties.
  • III. The agreement is available to be viewed by the Instructor at all times and Instructor must periodically view the contract for any changes as notification for any change or modification in the agreement may not be sent to the Instructor.


  • Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, Instructors, or products; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.


  • A failure or delay in exercising any right, power or privilege in respect of this agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.


  • I. Termination of this agreement for any reason, whatsoever shall not release a party from any liability which, at the time of termination, has already accrued to the other party or which may thereafter accrue in respect of any act or omission prior to such termination.
  • II. Article headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of this agreement or of any clause.
  • III. Each party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this agreement.


  • This agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.

    31. CONTACT US:

  • For any queries in regard to the terms and conditions enlisted herein, you may contact us at