Terms and Conditions*

Small Group and Private Lesson Attendance Policies

Your plan is recurring and will be charged monthly or yearly depending on your choice at checkout. If at the end of the 12 months we have less than 46 classes due to teacher sickness, snow days, or school cancellations, or you stop your plan before attending 46 classes, and a balance remains on your account, you will be refunded within 30-60 days to the credit card you used to sign up.

There are no refunds for missed classes due to student absences. So, be sure to get the most out of the program by making sure your little musician attends each and every week.

Media Consent Modifications

If you decide to change your media consent option, you can do so at any time.  This will not change the decision you made previously for the dates for which the prior valid media release applies.  It will, however, change how we process media for your child from the date we receive your instructions and into the future.  For example, you chose option C on 1/1/2015 and then changed your consent to option A on 6/2/15.  Any pictures we took from 1/1/15 – 6/1/15 may be used on our website or on our signs, but after 6/1/15 we would not be able to use the photos on our website or on our signs.

Media Consent Options: Below is a reproduction of the Media Consent options presented to you upon your registration for the program for your records and future reference*. Your rights and consent with regard to photographs and video of your child are governed by your choice.

[Initial] ______Option A (share with me and the Music for Life community only): I want to receive photographs and videos of my child participating in the Music for Life Program! I do not, however, want the general public including visitors to our website and social media pages, to be able to view photos and videos in which my child appears. For this purpose, I permit Music for Life and its staff and professional videographers, photographers and editors, to photograph and record video of my child while participating in the program and to store, edit and share such photographs and videos of my child with Music for Life staff and parents, including internal training videos that are not published outside of the Music for Life program.

[Initial] _____Option B (do not share photos or videos): I do not wish to receive photographs or videos of my child participating in the Music for Life program. Due to the collective nature of the activities involved in the Music for Life program, your child may inadvertently be photographed or recorded. Music for Life agrees that it will make commercially reasonable efforts to delete any portions of photographs or videos in which your child appears as soon as practicable after being detected, and/or to blur your child’s features (and all recognizable audio eliminated). You agree that any such inadvertent capturing of your child’s image shall not be deemed to be an invasion of privacy and you agree not to make any claim against the Music for Life in connection therewith.

[Initial] _____Option C (share with me and with others): I want to receive photographs and videos of my child participating in the Music for Life program! I also want others, including other parents and visitors to the Music for Life website and social media pages, to be able to view photographs and videos in which my child appears participating in the program. For this purpose, I permit Music for Life, its staff and professional videographers, photographers and editors, to photograph and record video of my child participating in the program and to store, edit, and display such photographs and videos in connection with the Music for Life program, for instance, on the Music for Life website and social media pages, in printed materials such as brochures, in public relations and otherwise for promotional and educational purposes. IF YOU CHOOSE THIS OPTION, YOU ARE ALSO CONSENTING TO ALL OF THE TERMS OF THE MUSIC FOR LIFE ‘MEDIA RELEASE’ FORM THE TERMS OF WHICH ARE THE FOLLOWING:

[BEGINNING OF MEDIA RELEASE TERMS]

PUBLICITY CONSENT, WAIVER AND RELEASE

MUSIC FOR LIFE & COMPANY, Inc., an Ohio corporation with offices located at 579 Yarmouth Dr., Bay Village, OH 44140 (the “Company”) intends to use and publicize the name, likeness and other personal characteristics and private information of the individual named below (“I” or “me”) for commercial and business purposes including advertising and promotion of the Company. In exchange for the intangible value I will gain by appearing in the Materials (defined below), I give the Company my permission for such use and publicity for such purposes, according to the terms and conditions set forth in this Publicity Consent, Waiver and Release (“Agreement”).

My child is a resident of the state where the Music for Life classes are taking place (hereinafter the “State”) at the time of his/her attendance at classes and/or events organized by the Company.

I hereby irrevocably permit, authorize and license Company, and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies, and the employees, officers, directors and agents of each and all of them (“Authorized Persons”), 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 my name, image, portrait, picture, photograph, likeness, appearance, voice, other personal characteristics and private information, and all materials created by or on behalf of the Company that incorporate any of the foregoing (“Materials”) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications including newspapers, electronic, magnetic and optical media, television broadcasts, radio broadcasts, display, point-of-sale and other advertising and promotional materials, press releases, the internet, and for any purpose, including but not limited to advertising, trade, public relations, publicity, conferences, educational presentations, training of staff, packaging and promotion of the Company and its affiliates and their businesses, products and services, without further consent from or royalty, payment or other compensation to me.

I hereby irrevocably assign and transfer to the Company my entire right, title and interest, if any, in and to the Materials and all copyrights in the Materials arising in any jurisdiction throughout the world, including the right to register and sue to enforce such copyrights against infringers. I acknowledge and agree that I am not appearing as an ‘actor’ or ‘performer’ in the Materials and have no right to review or approve Materials before they are used by the Company, and that the Company has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from the Company’s editing, alteration, distortion, blurring or use of the Materials. The Company has no obligation to use the Materials or to exercise any rights given by this Agreement.

I hereby release, discharge, and agree to hold harmless and defend Company, its legal representatives or assigns, and all persons acting under its permission or authority or those for whom it is acting, from any liability, whether arising in tort, contract, equity or otherwise, in connection with Company’s exercise of its rights under the above license, consent, assignment and transfer.

To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all claims, liabilities, demands, actions, suits, damages and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, defamation, libel, slander,  invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of the rights you are granting Company under this Consent, Waiver and Release and the use and exploitation of the Materials, and whether resulting in whole or in part by the negligence of the Company or any other person, covenants not to make or bring any such Claim against any Authorized Person and forever releases and discharges the Authorized Persons from liability under such Claims.

I represent and warrant to Company that the Authorized Persons’ use of the Materials and the rights and license granted hereunder do not, and will not, violate any right of, or violate or conflict with any contract with or commitment made to, any person or entity, and that no consent or authorization from any third party is required in connection herewith. I agree to defend, indemnify and hold harmless the Authorized Persons from and against all Claims by third parties resulting from my breach of any of the foregoing representations and warranties.

I understand that the materials may be stored and processed in the United States or in any other country in which Music for Life or its affiliates, subsidiaries, agents or contractors maintain facilities, and by signing this release I consent to the transfer of Materials outside of the United States, including for purposes of post production and editing and release Company from any liability related to such transfer.

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 or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement shall be brought only in the federal and state courts located in the capital of the State, and the parties hereby consent to the exclusive jurisdiction of such courts. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

I UNDERSTAND I AM GIVING COMPANY MY ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, IN CONNECTION WITH ITS USE OF MY NAME, LIKENESS, IMAGE, VIDEO FOOTAGE (AND RELATED AUDIO), SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.  I ALSO UNDERSTAND THAT I AM GIVING UP THE RIGHT TO SUE THE COMPANY FOR EXERCISING ITS RIGHTS UNDER THIS AGREEMENT.

[END OF MEDIA RELEASE TERMS]

These Terms and Conditions are subject to change from time-to-time.  We will make commercially reasonable efforts to inform you when a new version is released via the email we have on file for you. It is your responsibility to remain informed about our Terms and Conditions and any changes thereto. Your child’s continued participation in the program shall evidence your consent with any such updates and changes in the program.

*If you signed your media release form before the Effective Date set forth above, you may obtain a copy of the media release options that were in force when you provided or withheld your consent by contacting us.