Agreement DIRI Intellectual Property & Individual Privacy rights
between
The European Rolfing® Association e.V., represented by the board, which in turn represented by
Mr Ingo Kabirschke (Executive Director)
Saarstrasse 5, D-80797 Munich, hereinafter known as "ERA"
and
as Rolfer®/Participant/Student,
hereafter known together as the parties.
Background
According to the “student policy on video and audio taping in class” of the Dr. Ida Rolf Institute™ („DIRI“),
which has been made known to all students and existing DIRI members, any recordings of any kind made
during class, in particular film-, photo- or audio recordings, are in principle prohibited, except as follows:
(i) the purposes of the recordings are exclusively for personal (learning) purposes, and
ii) there is prior written and signed authorization by the Administrative Director of the organizer of the class, in this case, the ERA.
Permission from side of ERA is granted, as most of the students of workshops do not share the native language of the instructor.
Having said that, the parties agree to the following:
§1 ERA Guidelines on Video & Audio Taping
The “ERA-Guideline on Video and Audio Taping in class” is integrated part of this contract and is acknowledged.
§ 2 Media Production / Privacy Rights
(1) The party agrees explicitly that the production of media content within a class is for personal use and learning purposes only, and that no further use is permitted under any circumstances. This declaration is voluntary and can be revoked at any time with future effect. The withdrawal of consent does not affect the lawfulness of processing until the withdrawal of consent.
(2) The parties transfer to ERA, to the extent necessary for the aforementioned media production and use, all his intellectual property as well as, if applicable, transferable personal rights, in particular, the so-called Portrait Rights.
§ 3 Use of Media Content
(1) The parties agree that the content (without regards to payment), may be used exclusively for personal study by the Rolfer®/Participant/Student, other students of his class, and the instructors of the class. No commercial rights are granted, and any other use or distribution of the media content is a violation of this agreement.
(2) The Rolfer®/Participant/Student explicitly agrees that he will use the media content exclusively for personal learning purposes and shall not grant access to or by any third party. Furthermore, he agrees to not distribute or use the media content in any other way (without regards to payment), in particular not to sale, to lent, to copy, on a website or to make available anywhere on the Internet or accessible to the public in any other way.
(3) The Rolfer®/Participant/Student agrees not to share the media content with anyone, and to make reasonable efforts to maintain this data secure and protect it against access by others. When processing the media, the Rolfer®/Participant/Student will comply with all applicable data protection laws, in particular with GDPR and data protection laws of the Member States and confirms that he is aware of the transparency document (Art. 13 and 14 GDPR) of ERA, which can be viewed at https://rolfing.org under the button "Transparency document".
(4) The media content will be stored and archived by ERA. The ERA explicitly agrees to use the media only for internal purposes and to assert and protect DIRI's rights to the Intellectual Property contained therein.
§ 4 Consent for forms, event, travel, photo, film, etc.
By submitting or providing my personal data, I consent to the processing of my personal data for the purposes of registration, planning, organization, and implementation of the event and/or trip.
With a single action (submitting or providing my personal data), I give multiple consents.
The consent also includes the transfer of my personal data (lists of participants, name, position, etc.) to co-organizers, authorities, partners, and sponsors as well as the contacting by such. I have been informed that other participants in the context of the event and/or the trip may become aware of or may see my personal data (participant lists, name tags, etc.).
With a single further act, the participation in the event, I give several additional consents, namely (1) that during the event(s) or trip(s) sound, film and photo recordings are made of my person and (2) such are used and published free of charge in the context of public relations, in particular on the homepage of the organizer as well as in print, radio and online media.
I am aware that published personal data can be deleted, changed, or made anonymous, not at all, only conditionally and/or with a time delay, and that the publication is based on a copyright consent and therefore cannot be withdrawn like a consent under data protection law.
You give the above consents voluntarily. You are not obliged to give your consent to us. The data protection consent can be withdrawn at any time with effect for the future.
The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
With my action I also confirm that I have read and taken note of the Privacy Policy and the Transparency Document.
§ 5 Final provisions
(1) This document constitutes the entire agreement between the parties. Verbal collateral agreements are not recognized as part of this agreement. Additions and amendments to this agreement must be made in writing and be signed by the parties to be valid. This also applies to a waiver of the writing requirement.
(2) This contract is subject to German law. Exclusive Jurisdiction for any disputes arising from or relating to this contract, if both parties are entrepreneurs, shall be handled exclusively in Munich.
(3) If one or more provisions of this contract are deemed to be invalid, this shall not affect the validity of the remaining provisions within this Agreement. The contracting parties shall then undertake to replace the invalid provision by a new provision that most closely approximates the legal and economic intentions of the original agreement. The same provision applies to any loopholes discovered during use of the Agreement.
Appendixes
DIRI-Policy „Student Policy on Video & Audio Taping in class”
ERA-Guideline on Video & Audio Taping in class
München, 07.02.2024, signed by
Sabine Kalmbach, Executive Director,
European Rolfing® Association e.V. (ERA)
ERA-Guideline on Video and Audio Recording in Class
This Guideline defines ERA’s interpretation of the DIRI-Policy “Student Policy on Video and Audio Taping in class” of July 26, 2011.
1. Foremost, it is vital to understand that any media-recording in an ERA class will touch on
- the individual privacy rights of students, instructors, and models, and
- the Intellectual property rights and ownership of DIRI
Thus, it is ERA's responsibility to ensure clarification and protect these rights as they pertain to each individual party.
2. The ERA will allow limited private recordings – no professional recordings – for learning and educational purposes only. By limited it is implied that these recordings are:
• Specific photos
• Short-duration video sequences
• NO filming of complete sessions is permitted.
3. It is the understanding of the ERA-Board that video and audio recordings are an excellent learning tool, where most students attending class are most often not native speakers of the language of instruction. A current rule within DIRI's Policy allows for this provision within the above-described limitations.
4. Therefore, in ERA classes, private media-recording in a classroom setting can only be done once all the following criteria are met:
• all students, instructors and models agree that filming will occur.
• all students, instructors and models sign the “Agreement IP and Privacy rights” upfront.
• there will be one dedicated person (instructor, assistant, or student) doing the media-recording (and there will be only one recording authorized per class). The data will be shared among students and instructors for learning purposes only.
• ERA will receive a copy of the data for internal archiving.
5. This Guideline is attachment and part of the “Agreement IP and Privacy rights” // ERA, July 2015
THE ROLF INSTITUTE® OF STRUCTURAL INTEGRATION/European Rolfing® Association e.V.
Policy on Video and Audio Taping in class
1. The use of recording devices of all types (video, audio, cell phones, web cams, iPads or similar devices) is prohibited in the classroom. For students’ educational needs, the faculty member teaching the class and the students may seek permission to record during class.
2. For the permission from the Administrative Director the following requirements must be fulfilled:
3. The student must agree to use the tapes only in connection with his/her personal understanding of the classroom presentations and teaching. Recordings
are considered to include trademarked proprietary information and may not to be shared, copied, or sold.
4. All students of the training have to agree.
5. All instructors, assistants and clients participating in the training have to agree.
6. The written consent forms of all participants have to be added to the permission.
7. I have read the above policy statement and I agree not to copy, sell, or distribute any tapes (audio-video) of the class for personal gain or any other reason. They are for my personal educational purposes only. I understand that the Rolf Institute requires that I acknowledge this policy by my signature below and that there will be juridical implications if I do not observe the rules above.
