Virtual Event Terms & Conditions

​The following Terms and Conditions are entered into by and between You (“Client” or “You”) and That Music Teacher, LLC (“Company”, “we”, or “us”). 

Event

The Company agrees to provide you with access to the virtual event entitled, “Elementary Music Summit®: January Refresh” (“Event”). By purchasing or receiving a ticket for and as a condition of participating in the Event, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Event. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Event, which provides education and information. The information contained in the Event, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

No Refunds

All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances.

The Event

The event will be held between January 25th and January 26th, 2025. The Company shall provide the following to You as a ticket holder:

-Access to Session Recordings – The Company shall provide You with access to recordings of any pre-recorded presentations that are part of the Event consistent with Your level of access for no less than 24 hours.

-Access to Live Sessions – The Company shall provide You with access to a live stream of any synchronous sessions as part of the Event.

-Access To Event Community – The Company shall maintain an Event Community that will include additional information and presentations. You shall have access to this Event Community the duration of the event.

-AAP-Only Benefits – In addition to the above, All-Access Pass Holders will receive 365-days access to session recordings, speaker submissions, and any bonuses promised on the checkout page.  

Publicity Waiver And Release

The Company will be recording all of the presentations that are part of the Event. This shall include the main stage sessions, breakout sessions, VIP question and answer sessions, coaching sessions, and the text chat that occurs during the event. The Company reserves the right to use these recordings commercially for all legal purposes.

As a condition of participating in the Event, You hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Event recordings, including to the extent that Your name, image, likeness, appearance, voice, or other identifiable information might appear on the recordings of the Event.

The Company shall be the exclusive owner of all rights, including copyright, in the recordings. You hereby irrevocably transfer, assign, and otherwise convey to Company Your entire right, title, and interest, if any, in and to the recordings and all copyrights and other intellectual property rights in the recordings arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. 

In other words, the Company has the right to use the recordings – including any audio or video recordings of You participating in any sessions as part of the Event – commercially, including as marketing material going forward. 

User-Generated Content

In consideration of your participation in the Event, you grant the Company permission to use any content you post, share, or submit in the Event community (including but not limited to text, images, videos, and comments) for marketing, promotional, and commercial purposes across all media, including social media, both during and after the event.

Ownership Of All Intellectual Property

All content included as part of the Event, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Event, is the property of the Company or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. 

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Your participation in the Event does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Event, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Event content and resources. If You are accessing the content and resources via a free ticket, your access period is limited to 24 hours from your first time of access. If you have purchased an all access pass, your access period is 365 days, beginning on the final day of the Event. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Event. 

The Company content is not for resale. Your participation in the Event does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You understand and agree that You do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

Personal Responsibility

By participating in the Event, You accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Event or not. The Company provides educational and informational resources that are intended to help participants in the Event succeed. You nevertheless recognize that your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Event are no guarantee that You or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage You suffer as a result of the use, or non-use, of the information available in the Event. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Event.

No Warranties

The Company makes no warranties regarding the performance or operation of the Event, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Event. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Event and/or any information and resources contained in the Event. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Event.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Event, with the delay or inability to use the Event or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Event, or otherwise arising out of the use of the Event, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You.

Governing Law and Jurisdiction

This Agreement and any dispute arising out of Your participation in the Event shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Event shall be instituted exclusively in the federal or state courts located in Columbus, Ohio.

Mediation

Company and Client agree to try to settle all disputes between them through private mediation before initiating any arbitration, litigation, or other dispute resolution procedure. The mediation session will occur at a time mutually agreed upon by the parties in consultation with a mutually selected mediator, though no later than thirty days after the date of services of the initial notice, unless otherwise agreed by the parties and mediator. Each party shall bear its own fees and costs for the mediation. The parties agree to mediate in Columbus, Ohio.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Event and the related services or any portion thereof at any time, if You become disruptive to the Company or other Event participants, if You fail to follow the Event guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Entire Agreement​

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Event, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Event. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Severability 

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

This Agreement shall commence and be enforceable with respect to You on the date You purchase Your ticket for the Event.