This agreement is effective as of date listed below (“Effective Date”), by and between Didge Project, a New York business, with a principal place of business at 97 Green St. #G55, Brooklyn, NY 11215 (hereinafter known as the “Company”) and You (hereinafter known as “Client”). WHEREAS, Company is the creator, founder, and owner of services, which provides face-to-face and/or online learning services in the field of music education. In addition, the Company provides products and additional consulting services to enhance the overall learning experience (collectively and hereinafter known as the “Program”). WHEREAS, Client desires to participate in the Program, which may include, but is not limited to any of the following: group classes, private lessons, educational retreats, private telephone calls, private emails, online video classes, and question & answer group calls. If the Company approves your Application and accepts your offer to participate as a Program participant, then this Agreement automatically becomes a binding contract between you and the Company and applies to your participation in the Program.
NOW, THEREFORE, the parties agree as follows:
Client agrees to:
- Comply with the payment option they signed up for, and authorizes the Company to charge that amount to the above-mentioned credit card(s). Client further agrees to be bound by this six (6) month, non-cancelable commitment, and further agrees to:
- Abide by the Program as described in the Agreement. By completing and signing this APPLICATION and providing your credit card information, Client hereby acknowledges that Client has read, understands, and agrees to be bound by the terms and conditions stated herein.
Authorization Of Payment. By signing below you authorize the Company to charge your credit card or cash your check as payment for your membership in the Program, if the Company approves your Application and accepts you into the Program. Furthermore, you agree that if you are accepted into the Program you are responsible for full payment of fees for the entire duration of the course of the Program (the “Commitment Period”), regardless of whether you actually attend or complete the Program, and regardless of whether you have selected a lump sum or monthly payment plan. By signing the Application you agree that, if, for any reason, you choose to remove or cancel yourself out of the program prior to the end date of the Commitment Period, you are obligated to pay or continue paying any outstanding balance(s) for the entire period from the date of first payment. Unless otherwise stated, the default period of obligation is 1 year. To further clarify, no refunds will be issued and all scheduled payments must be paid on a timely basis whether you complete the Program or not.
Termination For Unprofessionalism. We are committed to providing all Program participants with a positive Program experience. By signing below, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or remove any participant from continuing in the Program at any time without a refund if the participant ceases to follow the Program guidelines, becomes disruptive or difficult to work with or if participant impairs the participation of Program instructors or participants in the Program. By signing below you agree that if you miss any scheduled private lessons you lose that session and cannot reschedule it. Client also understands that any/all scheduled coaching calls, retreat days or other benefits expire at the end of the Commitment Period, and will not be carried-over. It is important to note that your benefits MUST be used during the Commitment Period.
Confidentiality. We respect your privacy and must insist that you respect the privacy of fellow Program participants. You agree not to violate the publicity or privacy rights of any other Program participants. We respect your confidential and proprietary information, ideas, plans and trade secrets and must insist that you respect the same rights of fellow Program participants and of the Company. By signing below you agree (1) not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any information shared by Program participants or any representative of the Company is confidential and proprietary and belongs solely and exclusively to the participant who disclosed or the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. You further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited. Further, you agree that if you violate or display any likelihood of violating any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Financial Responsibility. We have made every effort to accurately represent the Program and its potential benefits. Results can and do vary, therefore the Company makes no guarantees. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, his or her background, dedication, starting point, desire and motivation. By signing below you also acknowledge that you have represented to the Company that payment of your Program membership fees will not place a significant financial burden on you or your family.
Disclaimer. The Program instructors are not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by the Program instructors is not intended as such. You should refer all legal, tax, accounting and financially related inquires to appropriately qualified professionals. The Program instructor is not qualified to provide medical advice. You should refer all medical related inquiries to appropriately qualified professional.
I hereby release and hold harmless AJ Block and all Didge Project instructors from any and all injury, harm, damage, or liability by virtue of my participation in the Program, or from the use of any of the program content or handouts or giveaways. I waive any and all causes of action in law or equity I may have or may hereafter acquire against AJ Block.
Assignment. Neither party shall assign this Agreement without the written consent of the other.
Governing Law. This Agreement and performance hereunder shall be governed by the laws of the State of New York. Sole venue and jurisdiction for any proceedings under this Agreement shall be in the state and federal courts located in New York, New York.
Force Majeure. Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, strike, fire, flood, or other natural disaster, war embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay. The terms of this Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement, until as soon as practicable after a force majeure condition ceases to exist.
Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered, or certified mail, return receipt requested at the address first set forth above. Facsimile or electronic signatures shall be deemed equivalent to original signatures for purposes of this Agreement.
Waiver. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
Severability. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
Refunds. All services provided by Company including didgeridoo lessons, events, retreats, coaching calls, online video classes are non-refundable. Physical instruments have a return period of 14-days from receipt and their returns are subject to at 15% restocking fee. Physical instruments can be exchanged for store credit during the 14-day return period without being subject to said restocking fee.
Damaged Merchandise. Merchandise received that buyer believes to be damaged during shipping must be reported within 5 days of receipt. Didge Project will work with the carrier to attempt to replace damaged merchandise when it is the fault of the carrier.
Entire Agreement and Amendment. This Agreement constitutes the entire agreement and understanding between the parties and supersede any prior
agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement.
Effective Date (last update): January 7, 2017