This licensing agreement covers applications for membership into both the International Yacht Training and the International Maritime Training school
By signing this document the Member agrees to follow the rules and regulations of membership of IYT or IMT (where applicable) and any changes that are
notified to the applicant in writing. The Member also agrees to maintain the standards of training outlined in the School, Instructor and Examiner manual
as updated from time to time.
Please make sure that you read and understand the terms of the agreement. Most of it relates to abiding by our rules and regulations particularly where
they relate to safety, instructors, the conduct of training and the issuance of certificates. However, there are also sections relating to the use of
logos, payment of appropriate fees (for membership, inspections and certificates), non-disclosure of sensitive information and acting in accordance with
the best interests of IYT/IMT.
License agreement between Joint Licensors; International Yacht Training Worldwide Inc, Suite 482, 9-3151 Lakeshore Road, Kelowna, British Columbia, V1W 3S9
(“IYT”) and International Maritime Training, Suite 482, 9-3151 Lakeshore Road, Kelowna, British Columbia, V1W 3S9 (“IYT/IMT”) and the individual or
organisation approved as a member school (“Member”).
Whereas IYT/IMT own certain intellectual property, courses, know-how, trademarks and other assets relating to the delivery of maritime and other
educational products and the Member wishes to use such items to deliver training to students.
Whereas the IYT/IMT agrees to provide non-exclusive rights to use their training services and other proprietary materials and confidential information and
the Member agrees to use IYT/IMT training services and other proprietary materials and confidential information in strict accordance with the IYT/IMTs
rules, regulations, standards and procedures as amended from time to time.
Whereas the parties hereby agree to the terms of this agreement with the intention of promoting the training and education of students so that they may
competently operate power and sailing vessels
a) The member agrees to act as representative for the IYT/IMT training courses. The member will act on behalf of IYT/IMT and agrees to operate under the
guidelines and requirements of IYT/IMT and the IYT/IMT Training Board.
b) Membership and membership renewal in the IYT/IMT Training Programme (“the Programme”) is conditional upon reading and signing this Agreement and on the
terms contained herein
c) Member acknowledges that this Agreement does not create an agency relationship between the Member and IYT or IMT; except as otherwise provided in this
Membership Agreement, IYT/IMT has no control over or involvement with the day-to-day operations and activities of the Member and bears no responsibilities
d) Member understands and agrees that membership in the IYT/IMT Programme is granted at the sole discretion of IYT and IMT based upon its unilateral
determination of several criteria including, but not limited to, whether acceptance and continuation of membership is in the best interest of IYT or IMT.
Satisfaction of minimum requirements does not guarantee membership.
e) IYT/IMT reserves the right to cancel this agreement for such action by the Member that is determined by IYT/IMT to be detrimental to the name and
goodwill of International Yacht Training Worldwide or International Maritime Training, or for any other reason so decided by the management of IYT and IMT
that may be damaging to the name, reputation or goodwill of IYT or IMT. This cancellation may be made immediately with or without written notice.
f) Errors and omissions excepted throughout
2. SAFETY STANDARDS LEGAL LIABILITY AND INSURANCE
a) Member agrees to have in place and adhere to an acceptable safety policy and will ensure that the school, its students/participants, the vessels and the
instructors are adequately insured.
b) Member agrees to exercise the proper duty of care to all students undertaking courses and in the administration of these courses. Member also agrees to
have in place current and valid liability insurance with appropriate liability limits as may be required by state or national law.
c) All vessels, equipment, facilities and staff of the Member must fully comply with any and all local, state and federal regulations pertaining to the use
and occupancy of its vessels and school facilities and agrees to provide such documentation as may be requested to IYT/IMT to confirm compliance with all
applicable safety standards and regulations.
d) Member agrees to indemnify, hold harmless, and defend IYT and IMT of and from any and all actions and claims brought by any third parties against IYT or
IMT in connection with any training, instruction, supervision, advertising, promotion, or any other conduct of the Member. Member further agrees that in
any such action brought against IYT or IMT by any third party, Member will reimburse and defend IYT or IMT and further agrees to pay any and all attorney’s
fees and costs incurred in the defence of those actions.
3. DELIVERY OF COURSES
a) Member will agree that the wishes and objectives of the IYT/IMT Training Board are carried out to the standards and requirements laid down (where
applicable) by the Maritime and Coastguard Agency (MCA), the IYT/IMT ISO 9001 Quality Management System and any other Governments that authorise IYT/IMT to
conduct maritime training courses.
b) Member will ensure that training received at the facility is in accordance with current IYT/IMT Programme standards and procedures as published in the
IYT/IMT School, Instructor and Examiner Manual and other updates (and as may be amended from time to time).
c) The content and duration of course shall be as outlined by the IYT/IMT Programme.
d) The student-to-instructor ratio for all theory courses shall not exceed 20-to-1 in class, subject to appropriate room size. Where applicable the
classroom shall have appropriate size tables for chartwork.
e) The student-to-instructor ratio for all Master of Yachts courses shall not exceed 5-to-1 onboard yachts except with the advance consent of IYT or IMT.
For all other practical courses the student-to-instructor ratio shall be as agreed with IYT or IMT.
f) The Member agrees that IYT/IMT reserves the right to restrict/limit Member school from teaching courses from other training organisations unless the
Member school obtains prior approval.
4. COURSE MATERIAL
a) All course notes and materials will be provided by IYT or IMT at cost (where applicable) to the Member and properly registered students. No unauthorized
copies will be made of any notes or course materials. All practice charts, plotters, dividers, almanacs and other teaching materials are to be provided by
b) Member agrees to reflect any changes to the IYT/IMT course materials and other relevant information on its website as soon as practically possible but
in any event not more than 30 days from notification of change.
5. EQUIPMENT & INSPECTIONS
a) All vessels used in teaching the courses shall be well found, regularly inspected and properly maintained.
b) All vessels must be appropriately fitted out and contain all appropriate safety gear and equipment necessary to be in compliance with the current rules
and regulations of the area of operation.
c) Where applicable an approved IYT/IMT inspector will inspect the training facilities of the Member on behalf of IYT/IMT and any Governments where
required and will meet with the instructors and examiners who will be undertaking training on behalf of IYT/IMT. Training vessels, will also be inspected
on behalf of IYT/IMT for schools that are conducting “on the water” training. The Member must adhere to IYT/IMT safety standards and requirements as laid
down by the current Schools, Instructors and Examiners Manual.
a) Member agrees that instructors engaged in the Programme courses will hold the appropriate IYT or IMT qualifications and Instructor certificates.
b) Instructors must always exercise the proper duty of care, recognizing that students may be inexperienced and may not be able to make a sound assessment
of the risks of boating. Instructors must require the use of such safety gear as appropriate to the prevailing circumstances and as required by law.
Instructors must meet the Programme requirements for Instructor Certificate/s and complete the appropriate IYT training courses and be re-validated every
five years with instructor status renewal every year.
7. TESTING AND EXAMINATIONS
a) Member agrees to support the educational concepts of the IYT/IMT Programme and will ensure that IYT and IMT Training Certificates of Competency and
Module Seals are requested only for students trained by approved IYT/IMT instructors at approved schools and that that successfully met the passing
requirements for the relevant course.
b) Member agrees that instructors may only teach courses for which they and the school have been approved.
c) For recreational courses up to and including Yachtmaster Offshore and including International Certificates of Competence (ICC) where applicable, The
Principal, Senior Instructor or other nominated Instructor of the Member School shall have the authority to conduct all examinations.
d) For the Master of Yachts Coastal /Mate 200 Ton and Master of Yachts 200gt Limited and Unlimited Certificates of Competency, examiners appointed by IYT
will conduct all examinations. Examiners fees and expenses for these courses will ordinarily be paid by IYT/IMT. However, this arrangement may be changed
where special circumstances apply or in the case of low student numbers.
e) For all courses the examiner’s decision is to be respected. However, schools may ask for decisions to be reviewed by IYT/IMT if they feel that they are
unfair. The results of such reviews be final and binding on all parties.
8. STUDENT AND OTHER INFORMATION
a) Member agrees to provide training under the IYT/IMT Programme with accurate t student/participant information, and also to supply any additional
information that IYT/IMT may request. IYT/IMT may use the student information for research, statistical and marketing purposes.
9. FINANCIAL CONSIDERATIONS
a) Where applicable the Member agrees to pay fees for annual membership dues, certificates and audit and inspection fees.
b) Please contact IYT/IMT for the membership fees relating to the courses you wish to offer.
c) The Member agrees to purchase from IYT/IMT the required Training materials, log books, certificates etc. (where applicable).
d) Member understands and agrees that financial irresponsibility in dealings with IYT/IMT or students is grounds for membership suspension or revocation.
10. PUBLICITY AND ADVERTISING AND USE OF LOGOS
a) Member agrees to display the IYT logo or IMT Logo (where applicable) prominently on the member’s website home page and on other relevant web pages, as
well as all other advertising and promotional materials, including IYT/IMT course descriptions.
b) Member agrees to link their website to that of IYT/IMT (including a link from each IYT/IMT course to the corresponding page on the IYT/IMT website).
c) IYT/IMT authorizes the Member to use the IYT/IMT name and logo, to advertise and promote IYT/IMT courses and to issue press releases relating to IYT/IMT
courses. At its absolute discretion IYT/IMT reserves the right to require the removal of such items if they are deemed by IYT/IMT to be inappropriate or
d) Member agrees to reflect any changes to the IYT/IMT names, logo, and other relevant information on its website as soon as practically possible but in
any event not more than 30 days from notification of change.
e) Member agrees that advertising and publicity materials issued by the Member will only refer to the IYT or IMT Programme when describing courses approved
by IYT or IMT. In addition, Member agrees not to represent itself or its employees, shareholders or owners in any manner as legal representative or agent
of IYT or IMT, and agrees not to enter any agreement on behalf of IYT or IMT. Members may use approved IYT or IMT marks. All printed and electronic
advertising and promotional material, which includes all forms of media releases, newspaper and periodical advertisements, handbills and signs may be
required to be approved by IYT or IMT prior to release (where applicable). Failure to obtain IYT’s or IMT’s consent (where applicable), is an infringement
of IYT’s and IMT’s rights and could constitute a material breach of this Agreement.
11. CHANGE OF OWNERSHIP OR SENIOR INSTRUCTOR
a) If the owner and/or senior instructor of Member as listed changes, IYT/IMT is to be informed in writing immediately and the new personnel must be
approved by IYT or IMT at its absolute discretion. This Agreement shall terminate upon the sale of the Member’s business (or the transfer of more than 50%
of the stock or similar interest in the Member entity) except with the advance written consent of IYT or IMT.
12. CONFIDENTIAL INFORMATION
a) Member acknowledges that it, its agents, employees and/or representatives will be given and will have access to certain of IYT’s or IMT’s proprietary
information, which may include information regarding IYT’s or IMT’s business practice, manner of operation, plans, processes, trade secrets, customer and
client lists and information, course and training information and materials, and other information not generally known and which IYT/IMT seeks to maintain
secret. Member, its officers, agents, directors, representatives, and/or employees shall not at any time or in any manner, directly or indirectly use,
disclose, or disseminate any confidential information as referenced herein to any other person or entity, except as specifically authorized by IYT or IMT
through this Application and the License Agreement. This provision shall survive and continue after the termination of this Application.
a) IYT and IMT reserves the right to terminate this License Agreement and withdraw membership status for non-compliance with any of the clauses of the
School Application, Schools, Instructors and Examiners Manual or this License Agreement or for breach of the spirit of the School Application, Schools,
Instructors and Examiners Manual or the License Agreement, or any other reason. Either party may terminate the License Agreement at any time for any reason
by giving 30 days advance notice in writing.
a) The term of this Agreement is for one year from the date of signature or acceptance and may be updated on an annual basis to include or delete any
changes that may need to be made by mutual agreement between IYT/IMT and the Member.
b) Although membership is only valid for one year at a time, membership will automatically be renewed, and will continue to be renewed annually as long as
the schools membership is fully paid up and remains in good standing with IYT/IMT regarding the conducting of all IYT/IMT courses, and proper compliance
with all the terms and conditions contained herein and as altered from time to time
15. COMPLIANCE WITH RELEVCANT LOCAL REGULATORY REQUIREMENTS
a) Member certifies that all necessary vocational licenses required by national, state and local governments in which the Member’s business is located will
be maintained and Member will not conduct IYT/IMT Training or become a member of the IYT/IMT Training Programme if Member’s licensing is not current.
b) Member agrees to comply with all applicable statutory laws, rules, and regulations.
a) Member acknowledges that member has read this Application, the License Agreement, and the IYT/IMT Programme membership requirements, and verify that all
such requirements will be met, and that all information provided herein is true and correct. Member hereby consents and agrees to the terms and conditions
in their entirety and is familiar with all of the prerequisites and the requirements for membership in the IYT/IMT Training Programme and is currently
meeting all such requirements. Member understands that any misrepresentation in the application or information supplies to IYT/IMT could result in
immediate termination of membership in the IYT or IMT Programme.