Nondisclosure Agreement

This agreement is entered between Powell Music Group, Inc. (PMG) and soon to be Certified Powell Method Instructor.

The facts being that PMG is engaged in the development, manufacture and sale of methods and products which involve the development and utilization of information not generally known in the industry or industries in which PMG is or may become engaged; which information may, without limitation include The Powell Method and information relating to research development, inventions, manufacture, purchasing, accounting, engineering, marketing, merchandising and selling (collectively referred to below as “the secret information”);

That in performing its functions for PMG, Instructor will necessarily be given access to secret information, which will be identified by PMG as such;

That the use of the secret information by, or its disclosure to, any person or organization other than PMG and its employees or the Instructor’s students would be highly detrimental and damaging to PMG and the Instructor; and

That the Instructor seeks to be paid to perform services and/or sell products or materials on behalf of PMG in exchange for the lawful use of said secret information.

Now, therefore, in consideration of the mutual promises, covenants and conditions here contained, the parties agree as follows:

Section 1.  Nondisclosure of secret information.

1. Nondisclosure.  The Instructor agrees that it will not at any time during or after its relationship with PMG, directly or indirectly use any secret information for any purposes not associated with PMG’s activities, or disseminate or disclose any of the secret information to any person or organization not connected with PMG, without the express written consent of PMG.  Instructor also agrees that it will undertake all necessary and appropriate steps to ensure that the secrecy of the secret information in its possession will be maintained.
    
2. Return of documents.  Upon termination of its relationship with PMG, the Instructor agrees that all electronic & paper documents, records, notebooks, recordings, and similar repositories of or containing secret information, including copies of such materials, then in its possession, whether prepared by it or others, will be returned to PMG.
    
3. Noncompetition.  For a period of two (2) years after termination of its relationship with PMG, Instructor agrees that neither it nor any of its subsidiaries, divisions, employees, agents, independent contractors or other persons or organizations over which it has control, will, directly or indirectly, render services to any person or organization in, or about to become engaged in, the research or development, production, marketing or selling of a product, process or service which resembles or competes with a product, process or service of PMG, nor will Instructor, its subsidiaries, divisions, employees, agents, independent contractors or other persons or organizations over which it has control, directly or indirectly, become engaged in the research or development, production, marketing or selling of a product, process or service which resembles or competes with a product, process or service of PMG.

Section 2.  Enforcement.

In the event that the Instructor shall breach this nondisclosure agreement, or in the event that such breach appears to be an imminent possibility, PMG shall be entitled to all legal and equitable remedies afforded it by law as a result of the breach, and may, in addition to any and all other forms of relief, recover from Instructor all reasonable costs and attorneys’ fees encountered by it in seeking any such remedy.

Section 3.  Binding effect.

This agreement shall be binding upon the parties to this agreement and upon their respective executors, administrators, legal representatives, successors and assigns.

Section 4.  Applicable law and severability.

This agreement shall be governed for all purposes by the laws of the State of Florida.  If any provision of this agreement is declared void, or otherwise unenforceable, that provision shall be deemed to have been severed from this agreement, which shall otherwise remain in full force and effect.

Terms of Service

Class participants will complete the training course online or in person (about 32 hours) and then test for certification.  The course covers all elements of The Powell Method including but not limited to:  basic technique, legitimate singing techniques, belt & mix techniques, vocal health, communicating the message of the song, and application of the techniques to various styles of singing including musical theatre, pop, rock, country, jazz, R&B, and gospel.  The course also teaches future instructors how to run their business and market to students.  Upon passing the certification test, participant becomes a Certified Powell Method Instructor.

Certified Powell Method Instructors (CPMIs) are given their own webpage on the official Powell Method website.  CPMIs can be located by students via a locator search on the official Powell Method website.  CPMIs can also choose to use their individual URL in any marketing for their private voice studio. 

Students of CPMIs will register for voice lessons through the official Powell Method website and a downloadable basic teaching kit will be made available to the CPMI to be used in lessons.  CPMIs are not permitted to give away, loan out, or copy any Powell Method materials.   The penalty for noncompliance with these policies will result in certification revocation and fines of $500 for each offense plus any applicable legal fees.  

CPMIs can schedule students however they choose.  All student lesson fees are payable directly to the CPMI.  CPMIs can accept cash, check, and credit cards with a PayPal account.  The Powell Method researches various areas of the U. S. and can offer CPMIs a suggested rate for their specific region, but ultimately, the CPMI sets their desired rates.  The Powell Method has a Makeup Lesson Policy in the terms and conditions in order to protect CPMIs from students that don’t show up or that cancel at the last minute, etc.  

Powell Method Students may study with a CPMI in person or via Virtual Voice Lessons as Regular Students or as Coaching Students.  Regular Students will register for the initial 3-month commitment and then continue on a monthly basis following the initial term.  CPMIs are protected by an Early Termination Policy in the terms and conditions from Regular Students who drop out prior to the end of the initial term.  Coaching Students will receive 4 lessons to be used over a 60-day period at a slightly higher rate to be paid in advance.  CPMIs are welcome to create their own payment or lesson format other than the two stated here (Regular & Coaching), however, the Makeup & Early Termination Policies will not extend to any type of payment or lesson format created by a CPMI.

Regular Powell Method Students receive the Basic Practice CD as a free download and are able to purchase the Advanced Practice CD download at a discounted rate.  Coaching Students are able to purchase both CD downloads at a discounted rate.  CPMIs receive 50% of the discounted rate collected from CD downloads purchased by their registered students.  CPMI download profits are paid monthly into the CPMI’s PayPal account.

In addition to receiving all teaching supplies, having web exposure, and receiving free student referrals, CPMIs will have access to a secure members-only area of the website where they can review videos, participate in forums, receive discounts, sign up for workshops, attend webinars, receive business tools, and other member benefits.  If CPMI chooses to resign from teaching The Powell Method, resignation must be made in writing and confirmation of the non-compete clause must be signed and dated by the CPMI and Katti Powell.