This Affidavit and Agreement (“Agreement”) is entered into by and between Bowman Educational Services, Inc. (“Bowman’s”) and the undersigned participant (“Participant”) in connection with Participant’s enrollment in and access to Bowman’s O-G “Plus” Asynchronous Refresher Course (the “Refresher Course”), including all videos, slides, module content, assessments, and related materials made available therein (collectively, the “Content”).
Participant affirms that the statements below are true and agrees to be personally bound by the terms of this Agreement as a condition of receiving access to the Refresher Course. Bowman’s will not provide access to the Refresher Course unless and until this Agreement has been completed and returned, with Participant’s typed full legal name entered in lieu of a signature.
I. Affirmation of Eligibility
Participant attests and affirms that:
Participant has personally completed Bowman’s O-G “Plus” 60-hour training course through Bowman Educational Services, Inc.
Participant is enrolling in the Refresher Course for Participant’s own individual professional learning and review, and for no other purpose.
All information Participant has provided to Bowman’s in connection with enrollment is true and accurate.
II. Nature of the Content — Student Privacy
Participant understands and affirms that:
The Refresher Course contains video recordings of actual children receiving reading intervention instruction from their teachers. These children are real students, not actors, and their images, voices, and identities are shown for genuine instructional and demonstrative purposes only.
The privacy, dignity, and safety of the students shown in these videos is of paramount importance, and the families of these students have trusted Bowman’s to protect their children’s identities and images.
Participant will treat all student video content as strictly confidential and will not attempt to identify, name, discuss the identity of, contact, or otherwise expose any student appearing in the Content.
Participant will not screenshot, screen-record, photograph, download, capture, extract, or otherwise reproduce, in whole or in part, any video, image, or audio of a student appearing in the Content, by any means or through any device or software.
III. License Granted; Prohibited Uses
Bowman’s grants Participant a non-exclusive, limited, non-transferable, personal license to view the Content solely for Participant’s own individual professional learning, review, and implementation of the O-G “Plus” approach with Participant’s own students.
Participant affirms and agrees that Participant will not, under any circumstances:
Screenshot, screen-record, photograph, capture, download, save, or otherwise reproduce any portion of the Content — including videos, slides, audio, or assessment materials — by any means, including third-party screen-capture software, mobile devices, or any other recording technology.
Share, transmit, forward, post, upload, display, distribute, broadcast, or in any way provide access to the Content, or any portion, copy, or recording of it, to any other person or entity, including other educators, colleagues, students, family members, or the public, whether for free or for compensation.
Post or embed the Content, or any portion of it, on any website, learning management system, social media platform, cloud storage service, shared drive, or any other public or semi-public platform.
Use the Content to create derivative works, training materials, presentations, or courses of any kind, or to train, teach, or present to others based on the Content.
Represent themselves as authorized to train others in the Bowman’s O-G “Plus” approach based on completion of the Refresher Course.
Allow any other person to view, access, or use Participant’s login credentials or course access.
IV. Copyright and Intellectual Property
Participant affirms that all Content — including all videos, slides, presentations, instructional demonstrations, lesson examples, activities, assessments, and materials — is the proprietary and copyrighted intellectual property of Bowman Educational Services, Inc., protected under United States copyright law and international treaty.
Nothing in this Agreement transfers, assigns, or grants Participant any ownership interest, copyright, trademark, or other intellectual property right in the Content beyond the limited license expressly described in Section III above.
V. Acknowledgment of Consequences
Participant understands that violation of this Agreement — including unauthorized recording, reproduction, or sharing of the Content, or any breach of student confidentiality — may result in immediate termination of Participant’s access to the Refresher Course without refund, and may expose Participant to legal liability, including but not limited to claims for copyright infringement and/or violation of privacy rights.
Participant affirms that they are entering into this Agreement freely, voluntarily, and with full understanding of its terms.
VI. General Terms
This Agreement may be modified by Bowman’s from time to time in its sole discretion. Participant’s continued use of the Refresher Course following any modification constitutes acceptance of the modified terms.
This Agreement is governed by and construed in accordance with the laws of the State of Maryland, excluding its conflict of law principles, regardless of the state or country in which Participant resides or accesses the Refresher Course. Any action relating to this Agreement shall be brought exclusively in a federal or state court sitting in or having jurisdiction over Allegany County, MD, and the parties submit to the personal jurisdiction of such courts.
Attestation and Acknowledgment (In Lieu of Signature)
Bowman’s does not collect handwritten or electronic signatures for this Agreement. Instead, Participant’s typed entry of their full legal name below is intended, and shall be treated by both parties, as the legal equivalent of a handwritten signature, and constitutes Participant’s binding acceptance of this Agreement.
By typing my full legal name below, I affirm that I have read this entire Agreement, that the statements above are true to the best of my knowledge, and that I agree to be legally bound by its terms as a condition of my access to Bowman’s O-G “Plus” Asynchronous Refresher Course.