- INTRODUCTION
These Terms of Purchase ("Terms") govern your purchase and use of digital products offered by [Your Company Name] ("Company," "we," "us," or "our"). By completing a purchase, you ("Customer," "you," or "your") agree to be bound by these Terms.
SINGER’S PATH™ ONLINE COURSES AND COACHING
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling electronically, you (“Client” or "Member") agree to purchase membership services from Sarah Bishop Vocal Studio, LLC ("Company”). By purchasing this membership, you are entering into a legally binding agreement with the Company, subject to the following terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE THIS PRODUCT OR MEMBERSHIP.
ELECTRONIC SIGNATURE: By clicking the purchase button or checking the acceptance box, you are providing your electronic signature and consent to be bound by this Agreement pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and Pennsylvania's Uniform Electronic Transactions Act (73 P.S. 2260.101 et seq.). You acknowledge that your electronic signature has the same legal effect as a handwritten signature. You have the right to receive a paper copy of this Agreement. To request a paper copy, please contact the Company at [email protected].
- WHAT’S INCLUDED IN THE MEMBERSHIP OR COURSE
1.1 Products and Scope. The specific digital product(s) you are purchasing, including all content, features, deliverables, and pricing (collectively, the "Product"), are as described on the sales page from which you made your purchase (the "Sales Page"). The Sales Page is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Sales Page regarding the specific features or content of the Product, the Sales Page shall control.
1.2 Acceptance. By clicking "Purchase," "Buy Now," or any similar button, or by accessing the Product after payment, you acknowledge that you have read, understood, and agree to be bound by these Terms and the applicable Sales Page.
IMPORTANT NOTICE: This product or membership does NOT include medical counsel or advice, therapy, counseling, mental health treatment, or any form of clinical services. All content is educational in nature only. IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS OR EMERGENCY, DO NOT RELY ON THIS MEMBERSHIP FOR SUPPORT. Instead, immediately call 911, contact the National Suicide Prevention Lifeline at 988, or go to your nearest emergency room.
- MEMBERSHIP TERM, RENEWAL, AND CANCELLATION
MEMBERSHIP TERM: This membership is provided on an ongoing monthly basis beginning on the date of purchase ("Membership Term").
PAYMENT AUTHORIZATION for MEMBERSHIPS: Client authorizes Company to charge the payment method provided at checkout for the monthly membership fee on a recurring basis until Client cancels the membership in accordance with the Cancellation Procedure set forth herein.
CANCELLATION FOR MONTHLY MEMBERSHIPS: If Client selects the monthly payment option, Client may cancel this membership at any time by providing written notice to Company at [email protected]. Cancellation will be effective at the end of the then-current billing cycle for which payment has been made. Client will continue to have access to membership services through the end of the paid period. No refunds will be provided for partial months. To cancel, Client must provide written notice at least 5 business days before the next scheduled payment date. If proper notice is given, Client will not be charged for the following month. If notice is given with less than 5 business days before the next payment date, the cancellation will be effective at the end of the subsequent billing cycle.
CANCELLATION FOR ANNUAL MEMBERSHIPS: If Client selects the annual payment option, Client may cancel at any time by providing written notice to Company at [email protected], but no refunds will be provided for the unused portion of the annual term. Client will retain access to membership services through the end of the twelve (12) month period for which payment has been made. The membership will not automatically renew at the end of the annual term unless Client affirmatively opts in to renewal.
COLLECTION RIGHTS: Company reserves the right to pursue collection of any unpaid amounts owed under this Agreement through lawful means, including but not limited to engaging third-party collection agencies. Client will be responsible for all reasonable costs of collection, including reasonable attorney's fees, to the extent permitted by Pennsylvania law, provided that Company prevails in such collection action.
SUSPENSION FOR NON-PAYMENT: If Client fails to make any payment when due, Company will provide written notice to Client at the email address on file. If payment is not received within 7 days of such notice, Company may suspend Client's access to the membership until payment is received, without relieving Client of the obligation to pay all amounts due.
NO REFUND POLICY FOR MONTHLY MEMBERSHIPS: Due to the digital and educational nature of this membership, no refunds are offered for monthly membership payments for any reason, including dissatisfaction with the membership content or services. However, if Company materially fails to provide the Membership Services as described on the checkout page at the time of Client's enrollment, Client may request a refund for the current month's payment by providing written notice to Company within 15 days of discovering such failure.
NO REFUND POLICY FOR ANNUAL MEMBERSHIPS: Annual membership payments are non-refundable. Due to the discounted nature of the annual payment option and the immediate access to twelve months of membership services, no refunds will be provided for any unused portion of the annual term, except where Company has materially and continuously failed to provide the Membership Services for a period of 30 consecutive days or more, in which case Client may be entitled to a pro-rated refund for the unused portion of the annual term.
NO REFUND POLICY FOR COURSEWORK OR COACHING:
Due to the discounted nature of the pay in full or payment plan options and the immediate access to services, no refunds will be provided for any unused portion of the annual term, except where Company has materially and continuously failed to provide the Services for a period of 30 consecutive days or more, in which case Client may be entitled to a pro-rated refund for the unused portion of the annual term.
VOCAL HEALTH LIABILITY DISCLAIMER
Participation in vocal training, singing lessons, voice coaching, or any related vocal activities involves inherent risks, including but not limited to vocal strain, vocal fatigue, hoarseness, and potential injury to the vocal cords or related structures. By purchasing a product from the Company, you acknowledge and accept these risks.
Company's products provided are educational and instructional in nature and are not intended to diagnose, treat, cure, or prevent any medical condition. The instruction and guidance provided are not a substitute for professional medical advice, diagnosis, or treatment. Consult a qualified healthcare provider or licensed speech-language pathologist before beginning any vocal training program, especially if you have a history of vocal problems, throat conditions, or other medical concerns.
You represent that you are in good health and have no medical conditions that would prevent you from safely participating in the program. You agree to immediately inform the instructor of any pain, discomfort, or unusual sensations during vocal exercises and to discontinue any activity that causes such symptoms.
(e) All materials, content, coaching, and resources provided through this membership are for EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY and are NOT intended to and do NOT constitute therapy, counseling, or clinical treatment of any kind;
(f) Client is SOLELY RESPONSIBLE for Client's own mental, emotional, and physical well-being and agrees to seek appropriate professional mental health care, medical care, or other professional support if needed;
(g) If Client is currently in crisis or experiencing a mental or physical health emergency, Client should immediately contact 911, the National Suicide Prevention Lifeline (988), or go to the nearest emergency room, and should NOT rely on this membership for crisis support or mental health treatment.
FINANCIAL RESULTS DISCLAIMER: Any testimonials, earnings, or examples shown through Company’s website or membership materials are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Company’s products and/or services. Client acknowledges that Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Company’s website, programs, products or services.
- INTELLECTUAL PROPERTY RIGHTS
This membership provides access to materials and information that constitute the intellectual property of Company and third-parties that license intellectual property to Company. Company grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the membership materials solely for Client's personal, non-commercial use during the active membership period. Upon termination or cancellation of the membership, this license automatically terminates and Client must cease all use of the materials. Client may not share, sell, copy, reproduce, distribute, publicly display, create derivative works from, or otherwise exploit Company’s intellectual property without prior written consent from Company. Company retains all rights, title, and interest in and to its intellectual property, and nothing in this Agreement shall transfer ownership of any rights to Client.
The membership services and materials are provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by Pennsylvania law. Company will make commercially reasonable efforts to provide reliable and consistent service, though occasional brief interruptions may occur due to maintenance, updates, or circumstances beyond Company's reasonable control. Subject to the limitations set forth in Section 7 (Limitation of Liability), Company will not be liable or held responsible for any losses, injuries, or damages from the participation in, use of, or reliance on any of the information provided through this membership, except for losses caused by Company's gross negligence, willful misconduct, or fraud.
To the maximum extent permitted by Pennsylvania law, and except as provided below, 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, consequential, or exemplary damages happening from the use or misuse of the Company’s membership services. HOWEVER, NOTHING IN THIS AGREEMENT SHALL LIMIT COMPANY'S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER PENNSYLVANIA LAW. Client agrees that use of this membership is at Client’s own risk. In no event shall Company's total liability to Client exceed the total amount paid by Client for the membership during the twelve (12) months preceding the claim.
Client may not assign, transfer, or delegate any rights or obligations under this Agreement without Company's prior written consent. Company may assign this Agreement and its rights and obligations hereunder to any successor entity in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, upon notice to Client.
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
- MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended by Company upon thirty (30) days' advance written notice to Client. Notice will be provided to the email address Client provided at enrollment. Continued use of the membership after the effective date of any modification constitutes Client's acceptance of the modified terms. If Client does not agree to the modifications, Client may cancel the membership pursuant to Section 2 before the modifications take effect. Notwithstanding the foregoing, any modifications that materially increase Client's financial obligations or materially reduce the services provided shall require Client's express written consent.
Except for disputes that may be brought in small claims court, if any dispute arises out of or related to this Agreement, such dispute shall be resolved by binding arbitration by a single arbitrator in the State of Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association, with the arbitration to be conducted in Allegheny County, Pennsylvania. BY AGREEING TO ARBITRATION, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHT TO A JURY TRIAL AND THEIR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. CLIENT ACKNOWLEDGES THAT THEY HAVE HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL REGARDING THIS WAIVER. Notwithstanding the foregoing, either party may seek injunctive relief in court to protect its intellectual property rights or confidential information.
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Pennsylvania. Both Parties agree to submit to the jurisdiction of and venue in the State of Pennsylvania. Should any claim or controversy arise between the Parties under the terms of this Agreement, such a claim or controversy shall be resolved only in the State of Pennsylvania.
This Agreement, including any exhibits, schedules, or documents expressly incorporated by reference, contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether written or oral, between the Parties. Any oral representations or modifications concerning this Agreement shall be of no force or effect, and any modifications must comply with the amendment provisions set forth in this Agreement.
All rights not expressly granted to Client in this Agreement are reserved by Company.