POETRY DANS LA RUE INC- TERMS OF AGREEMENT
Our Artist Branding & Development Course comes with a “no refund policy”
because I want you to know that everyone in this program is dedicated to helping you
achieve your goals with the right tools provided. The course contains valuable
educational content that is not only applicable in the music industry but many other
industries, including small business ownership, marketing, social media, and promotion of personal brands. The knowledge and resources provided in this course will provide you with the tools to take your brand and your music to the next level while also helping you achieve a new approach to your outlook and strategy.
TERMS OF AGREEMENT
By clicking “I Agree”, emailing your statement of agreement, entering your credit card
information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a legally binding agreement with POETRY DANS LA RUE INC a North Carolina (“Company”), according to the following terms and conditions:
COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education,
seminar, consulting, coaching, and/or business coaching (the “Program”). The terms of
this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises. Coaching agreements will not be “paused” or “held” unless the client party is ill and provides POETRY DANS LA RUE with notice and there is an agreed-upon provision for services to resume. Coaching strategy sessions must be used within 15 days of purchase.
COMPENSATION. Client agrees to compensate Company according to the payment
schedule set forth on Company’s website, or via email, or Payment Schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement. Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by the Client.
REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full
extent of the Fee. If a client cancels attendance of the Program for any reason
whatsoever, the Client will receive no refund.
CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides
Company with credit card(s) information for payment on Client’s account, Company
shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates
set forth herein. If a client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate,
copy, sell, trade, resell, or exploit for any commercial purposes any portion of the
Program (including services & course materials), use of the Program, or access to the
Program. This agreement is not transferable or assignable without the Company’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $400. All claims against the Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.
DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100%
responsible for her/ his progress and results from the Program. Client accepts and
agrees that she/he is the one vital element to the Program’s success and that the
Company cannot control Client. Company makes no representations or guarantees
verbally or in writing regarding performance of this Agreement other than those
specifically enumerated herein. Company and its affiliates disclaim the implied
warranties of titles, merchantability, and fitness for a particular purpose. Company
makes no guarantee or warranty that the Program will meet Client’s requirements or
that all clients will achieve the same results.
COURSE ACCESS. Access to the Course will be valid for 180 days from the date of
your Course Enrollment. Company reserves the right to revoke access for unauthorized use or distribution of Course materials.
COURSE RULES. To the extent that Client interacts with Company staff and/or other
Company clients, Client agrees to at all times behave professionally, courteously, and
respectfully with staff and clients. Client agrees to abide by any Course
Rules/Regulations presented by Company. The failure to abide by course rules shall be
cause for termination of this Agreement. In the event of such termination, Client shall
not be entitled to recoup any amounts paid and shall remain responsible for all
outstanding amounts of the Fee.
USE OF COURSE MATERIALS. Client consents to recordings being made of courses
and the Program. Company reserves the right to use, at its sole discretion, course
materials, photos, videos and audio recordings of courses, podcasts and materials
submitted by Client in the context of the course(s) and the Program for future lecture,
teaching, and marketing materials, and further other goods/services provided by
Company, without compensation to the Client. Client consents to its name, voice, and
likeness being used by Company for future lecture, teaching, and marketing materials,
and further other goods/services provided by Company, without compensation to the
NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
CONFIDENTIALITY. The term “Confidential Information” shall mean information that is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a
grievance by Client, the Parties agree and accept that the only venue for resolving such
a dispute shall be in the venue set forth herein below. In the event of a dispute between
the Parties, the parties agree that they neither will engage in any conduct or
communications, public or private, designed to disparage the other.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company,
Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expenses whatsoever – including, without limitation, claims, damages,
judgments, awards, settlements, investigations, costs, attorneys fees, and
disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its
shareholders, trustees, affiliates or successors. Client shall defend Company in any
legal actions, regulatory actions, or the like arising from or related to this Agreement.
Company recognizes and agrees that all of the Company’s shareholders, trustees,
affiliates and successors shall not be held personally responsible or liable for any
actions or representations of the Company.
CONTROLLING AGREEMENT. In the event of any conflict between the provisions
contained in this Contract and any marketing materials used by Company, Company’s
representatives, or employees, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in
accordance with the laws of the State of North Carolina without giving effect to any
principles or conflicts of law. The parties hereto agree to submit any dispute or
controversy arising out of or relating to this Agreement to arbitration in the state of North Carolina, Wake County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and
contemporaneous agreements, negotiations, and understandings, oral or written. This
Agreement may be modified only by an instrument in writing duly executed by both
SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have to survive, shall survive the termination of this Agreement for any reason.
SEVERABILITY. If any of the provisions contained in this Agreement, or any part
thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect
the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
OTHER TERMS. Upon execution by clicking “I agree,” emailing a statement of
agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS
A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement shall constitute a legal and binding
instrument with the same effect as an originally signed copy.