Terms; Conditions.
§I. Terms of Service.
This agreement is made as of the date you submitted your order (also, “Order Date”) between Thomas Stroll (also, “Company”, “we”, “us”) and you (also, “Client”, “you”, “your”).
1) All sales are final.
2) 24-hr Policy. Lessons canceled—or shortened in duration (also, “downgrade”, and “downgraded”)—with greater than twenty-four (24) hours advance notice may be rescheduled within the same week, and no later than the end of the semester——the applicable date being: May 31, Aug 31, or Dec 31; whichever follows said cancellation or downgrade most closely—such a make-up lesson would be at no extra charge. Lessons canceled or downgraded within 24-hours of lesson start time, however, are considered a ‘no show’, are billable, and will not be made up. One option to avoid losing value is to gift the scheduled lesson time to another family member or friend who’s ready to play/learn. Any and all other make-up lessons are solely at Company’s discretion.
If and when the student—i.e. the Client him/herself, the Client’s child, or the Client’s ward—(also, “Student”) arrives fifteen (15) minutes late, or later, with no advance notice, it’s considered a ‘no show’, is billable, and will only be made up for an additional fee, at the same hourly rate.
3) Referral Benefits: Client will get a FREE lesson for every referral that ‘sticks’, plus a FREE TRIAL lesson will be gifted to each new family.
4) Instrument Rental(s). All rentals paid for through Company-customized website(s) are subject to the terms and conditions of the “Payment Authorization” section (§II.) herein and also subject to the applicable Musical Instrument Rental Agreement(s) provided under separate cover.
5a) Limited Use: Homework Videos; Photographs; Attachments; Screenshots.
Lessons may be recorded, in part or in whole; lesson participants, and lesson materials, may be photographed, recorded, and such recordings and photographs, jointly and severally, may be altered, transmitted electronically, and made available, for use in perpetuity, for non-commercial purposes only. Such recordings and materials include, but are not limited to, screenshots, attachments, photos, and/or “Unlisted” YouTube videos (accessible only by those who have each link)—each and all such applicable items (collectively, “Materials”) may be shared with the Client, Student, Company, Company’s subcontractors as needed, and lesson facilitator, including not limited to Student’s babysitter, the Student’s grandparent, etc. Client is solely responsible for informing such lesson facilitator(s) of these terms. YouTube is used primarily because the storage is ‘unlimited.’
Additional rights, pursuant to use of Materials, jointly or severally, may require a separate agreement in writing—which, for the purposes of this agreement shall mean via Email to: tom.stroll@strollmedia.com, or via SMS (text message) to: 1(203)989-0190—(also, “Writing”). In the event that a homework video, or any of the Materials, is made public without consent, or private (inaccessible), the concerned/affected party will notify the other party at his/her earliest convenience, and the party in breach will rectify the issue as soon as commercially practicable. With advance written notice, Client may opt out of all subsequent Homework Videos, and/or photographs, but know that it will make certain homework assignments more difficult, so opting out of Homework Videos is especially not recommended.
b) Privacy. For added privacy, Client may wish to anonymize Client’s, and/or Student’s, video chat “Display Name” (e.g. Zoom/Settings/<Your_Name_Here>/Display Name), by using an abbreviation or pseudonym—on any/all device(s) used for lessons. This may only need to be changed once. This “Limited Use: Homework Videos; Photographs; Attachments; Screenshots” policy (items 5a and 5b) applies hereafter, and also retroactively starting from the first services rendered.
6a) Free Recitals. Once or Twice per year, Students, their friends, neighbors, and families, will gather for a complimentary live music event, which may occur in-person and/or online. Clients who paid for lessons in the same semester will be invited to perform.
b) Recital Video; Uses; Limitations; Indemnification; Term. Recital recordings—in whole, and in part, whether created by Company, Client, third party, or third parties, jointly and severally—(collectively called, “Recital Videos”) may be created, and all applicable rights granted (subject to the terms and conditions of this clause 6b), in perpetuity, for Client’s personal use, and also for promotion of Company’s services. Client warrants and represents that no third-party intellectual property rights are nor will be violated as a result of Client’s participation, and dissemination, of Recital Video.
Company hereby grants the non-exclusive rights and licenses for Client, Client’s friends, Client’s family, and Students to use, but not alter, Company name, Company trademarks (e.g. “Mindful Music Lessons℠”), logo, and slogans—strictly within the context of applicable Recital Videos being shared.
Client hereby grants the non-exclusive rights and licenses for Company, and subcontractors, to use, when/where applicable, Client’s, Client friends’, Client family’s, and Students’, first names, images, likenesses, voices, statements, city/town of residence, and other reasonably non-sensitive biographical information (collectively, “Likeness”), including, by way of example only, (i) information supplied by Client or Student, to Company, for use in the recital program, and (ii) “parent of piano student” in a testimonial for Company promotional purposes.
All Recital Videos containing Likenesses, and any other applicable images, artwork, titles, and related intellectual property rights, may be used, and altered as needed and within reason, by Company for personal, and promotional purposes, including not limited to Company website.
Limitations. If Client wishes to post any Recital Video clip(s) to social media (also, “Posting”), they are only permitted to do so with clips that include the Likenesses belonging to Student. And when such clips include other recital participants performing as a group, Client is also permitted to Post these Recital Video unless otherwise discussed in Writing. Notwithstanding the foregoing, Posting Likenesses of any other recital participant, to social media—or for any commercial purposes not expressly granted herein—is prohibited. Additional usage rights may require a separate agreement.
Indemnification. Client agrees to indemnify, defend and hold harmless Company and subcontractors for, from and against any and all third party liabilities resulting from Client’s uses of applicable Recital Videos, Materials, intellectual property, and Likenesses.
Term of Recital Video Policy. This “Recital Video; Uses; Limitations; Indemnification; Term” policy (§I. clause 6b) applies hereafter and also retroactively starting from the first services rendered.
7) NOTICES. All notices to any party shall be sent by email with “NOTICE” written at the start of the email subject line. Notices shall be sent to the email address herein, to the email address on record, or to such other email address as such party may hereafter specify in Writing.
8) Grace Period. Neither party shall be in breach of any of its obligations under this Agreement unless and until such party has been notified by the other party in Writing in detail of its breach or alleged breach and such breaching party fails to cure that breach or alleged breach within thirty (30) days from and after its receipt of that notice.
9) Modifications. You can review the most current version of the Terms and Conditions at any time on this page, “MindfulMusicLessons.Org/lessons-terms-conditions”.
Company reserves the right, at its sole discretion, to update, change or replace any and all parts of these Terms and Conditions by posting updates and changes to “www.mindfulmusiclessons.org/” and/or applicable subdomain(s) collectively referred to herein as the “Website” without prior notice. It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our website or the services provided following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. Prices for Company’s products, and services, are subject to change without notice; however, if you are already paying for a subscription, you will be notified in advance, either orally, or in Writing, as soon as commercially practicable, as to if and when price changes will occur on applicable subscription(s).
Company reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Company shall not be liable to Client or to any third-party for any modification, price change, suspension or discontinuance of the Service.
10) Prepaid Lessons; Trial Period. If first full-priced lesson is scheduled before the end of the trial period then you consent to a shortened trial period so that the tuition billing, which shall always be prepaid unless otherwise agreed upon in writing, will reset so that the billing schedule will charge Client on or before the applicable lesson days so that students are not discouraged from getting a head start.
11) Continuity; Recurring Payments.
Notwithstanding the perpetual terms and conditions of clauses (5) and (6) pursuant to Materials and Recital Videos…
By Company attending, AND by Client responding to scheduling communications regarding these services, Client thereby indicates authorization for continued ACH payments (also, “subsequent entries”) and/or Credit Card payments, and both parties thereby indicate, warrant, and represent, that this Agreement continues to remain in full force and effect hereafter EXCEPT while services are terminated—such period(s) of time will be known as the “Term”, or “Terms” if there are subsequent period(s) after restarting service, if at all.
12) Consent; E-Signature. By Client clicking “CONFIRM PAYMENT”, “CONFIRM APPOINTMENT”, “SIGN UP NOW”, “BANK PAYMENT”, the Google Pay, or the Apple Pay button (the applicable link and/or button is also called, the “Payment Button”), and by Company selling these Lessons according to the Terms and Conditions of this document—whether mailed, faxed, texted (i.e. sent via SMS), or Emailed—Client, and Company, certify and represent that both parties have read, fully understood, signed, affirmed consent, accepted, and agreed to be bound by all its Terms and Conditions. Each party warrants and represents to the other that it is free to enter into, and authorized to make the grants made hereunder and to perform all of the terms of this Agreement.
§II. Payment Authorization.
1) Fee; Amount.
Click the Payment Button to pay your tuition bill for music lessons with Thomas Stroll (also, “Company”), and/or Company subcontractor(s), in the amount expressed on the applicable order form (also, “Amount”).
2) Company Contact Information.
tom.stroll@strollmedia.com
+1(203)989-0190
3) Account Information; Debiting; Crediting.
You consent to Thomas Stroll electronically debiting your account and, if necessary, electronically crediting your account to correct erroneous debits.
If and only if you click the Payment Button, you authorize Thomas Stroll to initiate a recurring ACH/electronic debit to your account or recurring charge to your credit card, in the Amount aforementioned, monthly or weekly strictly according to the applicable order form, from the checking, savings, or credit card account you provide. Once it is entered, this account information (also “bank account on record”) will be saved by our payment processor Stripe over a secure SSL connection—and then the bank account on record will be debited or charged the Client’s current price thereafter, except while services are terminated, notwithstanding the “Sunset; Termination” and “Restart” clauses herein.
Before the card or bank account on record expires, Client is solely responsible for notifying Company of any updated card or bank account information so as to facilitate successful completion of all transactions. Stripe may be able to automatically update such information and the Client approves of such automatic update process; however, the success of said process cannot be guaranteed.
4) Data Collection.
For the purposes of verifying your identity, you consent to the collection, and storage, of (a) your computer’s IP address (and corresponding details such as country), (b) your login information—solely for Company-customized website(s), applicable agreements, and applicable invoices; if any—which may include username, Email address, digital code, password, shared secret, date and time-stamp of log-in, and (c) other purchases.
5) Legality.
You agree that ACH transactions you authorize comply with all applicable law.
6) Severability.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement, nor invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
7) Disputes; Applicable Law. Any controversy or claim arising out of or relating to this Agreement—that cannot be resolved with inquiry, and/or chargeback—or any breach thereof, shall be determined and settled by arbitration in New York pursuant to the rules, pertaining to the American Arbitration Association as of the first day of arbitration, and any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction. The parties will share equally the administrative costs of such arbitration proceeding. The Agreement and all matters or issues collateral thereto shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and performed entirely therein. Clients shall be limited to an action at law to recover monetary damages only, strictly with a fifteen hundred dollar ($1,500 USD) maximum.
8) Miscellaneous.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter of this Agreement, and replaces and supersedes any and all prior – oral and/or written – representations, understandings, and agreements relating to the subject matter hereof.
9) Billing Changes.
Any changes in lesson duration, scheduling, and hourly rate, will be discussed either orally—including not limited to: in person, by phone call, or video chat—(also, “Orally”), or in Writing, and may be reflected in subsequent billing.
10) Sunset; Termination.
You understand that THIS AUTHORIZATION WILL REMAIN IN FULL FORCE AND EFFECT until you notify Company in Writing—solely by Email sent to tom.stroll@strollmedia.com, or SMS (text message) sent to 1(203)989-0190—that you wish to revoke this authorization. You understand that COMPANY REQUIRES AT LEAST ONE (1) MONTH PRIOR NOTICE IN ORDER TO CANCEL THIS AUTHORIZATION; AFTER SAID MONTH, SERVICES ARE DEEMED TERMINATED UNLESS AND UNTIL ORAL AND/OR WRITTEN REAUTHORIZATION (ALSO, “RESTART”, AND “RENEWAL”).
11) Restart.
You understand that you may reinstate this authorization to continue in full force and effect when you notify Company in Writing, or Orally, that (a) you wish for services to resume, or (b) that Student will attend, AND (c) both parties indicate that they schedule accordingly, regardless of whether Student attends scheduled lessons.
12) Timing of Payment Processing.
You understand that debits and credits are expected to post to the applicable account according to the following adjustments:
•Payments made after 7:30 P.M eastern time (ET) won’t begin processing until the next business day.
•Standard transfers, requested before 1 am ET Monday – Friday, will take 3 business days to process.
•Transfers eligible for next-day delivery, requested before 7:30pm ET Monday – Friday, will take 1 business day.
•Transfers between banks aren’t processed on weekends and federal holidays, so transfers take longer at those times.
•If and when Company pauses services, it may defer payment date; therefore subsequent withdrawal dates may vary.
•The “Timing of Payment Processing” clause (within §II) is subject to change without notice.
13) Payment Authorization.
To complete the payment process, Client will click the Payment Button. Notwithstanding the “Modifications” clause within the “Terms of Service” section (§I) of this Agreement, once payment is authorized, any changes or corrections to this “Payment Authorization” section (§II) of these Terms and Conditions pursuant to the applicable order must be agreed upon in writing by both parties.
14) Save This Document.
It is recommended that you print or save an electronic copy of this authorization and retain it for your records. Hard copies, ideally, would be printed on recycled paper using soy-based ink to minimize our carbon emissions, when possible.
Agreed and Accepted:
Client; Company.
tom.stroll@strollmedia.com
+1(203)989-0190
28 Liberty Street, Ossining, NY 10562