PINK SHARK MUSIC, LLC - BREAKING THROUGH THE NOISE ENROLLMENT AGREEMENT
By clicking “I Agree to Terms and Conditions,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a legally binding agreement with PINK SHARK MUSIC LLC, a Los Angeles Limited Liability Corporation (“Company”) according to the following terms and conditions:
(1) COMPANY’S SERVICES: Upon execution of this Agreement, electronically, verbally or otherwise, Company agrees to render services related to education, seminar, and/or consulting (“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 educational services and consultation. 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 should the need arise.
(2) COMPENSATION: Client agrees to compensate Company according to the payment schedules set forth on the Company’s website and the payment plan selected by the Client (the “Fee”). Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee, regardless of whether Client completes the full extent of services offered by Company. In the event that Client terminates services prior to the completion of the services, Client shall be responsible for any and all outstanding payments. All payments shall be collectable and non-refundable except as provided herein. Client’s payment is nonrefundable and may only be transferred for tuition to other classes offered by Company if Client becomes Ill or is required to tend to family matters and is unable to substantially complete the course.
(3) CHARGEBACKS AND PAYMENT SECURITY: To the extent that Client provides Company with Credit-Card information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card for any unpaid invoices. If 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 is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.
(4) 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 Service (including course materials), use of the Service, or access to the Service.
(5) 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 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.
Classes may be recorded by Company. These recordings, in whole or in part, or transcriptions of them, may be used as marketing material to promote or create future products. By participating in this course, Client is consenting to this recording and public distribution of material and granting a worldwide perpetual license to use Client’s name and voice, for such purposes without future compensation. Any future proceeds of these materials are the exclusive rights of Company.
(6) LIMITATION OF LIABILITY: By using Company’s services, Client releases Company from any and all damages that may result from anything and everything. The Program is only a service being provided. By using Company’s services, you release Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or non-foreseeable, 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 12 months prior to the action giving rise to the liability, and (b) $100. All claims against Company must be lodged with the entity having jurisdiction within 100-day 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 the Service. Client agrees that use of this service is at user’s own risk.
(7) DISCLAIMER OF GUARANTEE: Client accepts and agrees that she/he is 100% responsible for her/his education, results and success from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that 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, merchant ability, 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.
(8) NO GUARANTEE OF PLACEMENTS: Throughout the Program, Company may from time bring industry professionals (“Experts”) in to discuss matters pertaining to the program. Such instances are purely educational and informative. Company is not responsible for helping Client establish business relationships with Experts or anyone other person(s) in the relevant industry. Company does not provide services to aid Client’s success in selling and/or licensing music for film, television, web series or any other format (“Placements”), either composed and/or produced as a result of the Program or not. Company is not responsible for any decisions made by Client as a result of the Program nor any consequences thereof.
(9) NO EQUIPMENT OFFERED: Throughout the Program, Company may use certain pieces of equipment, Hardware and Software, in order to illustrate what is necessary to create an industry standard product. Company is not responsible for providing, renting, or otherwise supplying such equipment. In addition, Company is not responsible for educating Client as to how to use any equipment associated with the Program.
(10) 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
(11) INDEMNIFICATION: Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense 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.
(12) 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.
(13) CHOICE OF LAW/VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of California 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 where the amount in dispute is over $5,000 to arbitration in the state of California, Los Angeles 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.
(14) 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 parties.
(15) SURVIVABILITY: The ownership, non-circumvention, 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 survive, shall survive the termination of this Agreement for any reason.
(16) SEVERABILITY: If any of the provisions contained in this Agreement, or any part of them, 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.
(17) OTHER TERMS: Upon execution of This Agreement by signature below, the Parties agree that any individual, firm Coach, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is an Coach, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
Upon execution by clicking “I agree,” the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.