Please carefully read the following terms and conditions ("Terms") relating to your participation in The Golden Voice Academy (the "Program") which is owned and operated by ARLU INC dba THE GOLDEN VOICE (the “Provider”), a California business.
By registering for the Program, you (the "Client") signify your acceptance of these Terms.
By participating in the Program, Client agrees to abide by these Terms and understands that the decision of Provider regarding all aspects of Client’s participation in the Program, are final and binding in all respects.
With your purchase, Provider and Client (collectively ‘Parties”) agree to the following:
1. Membership: Clients enrolled in The Golden Voice Academy agree to the services offered by Provider below, and are requesting to be enrolled for a minimum of ten (10) weeks in the Program (the “Term”).
2. Client Benefits: Provider agrees to provide the following Music Business and coaching services to Client while Client is a participant in the Program. 10
a. 10 Video Courses
b. 10 Hours of Pre-Recorded Video Group Coaching
3. Client Conduct: Provider takes its business seriously and acts with integrity and professionalism. Provider expects Client to do the same. Thus, Provider requires Client to be respectful and professional to Aria Johnson and other members of the Academy throughout the Program as well as to Provider's staff, speakers, and other Clients and their guests or families throughout the Program, even during non-scheduled downtime and breaks. Provider reserves the right to ask Client to withdraw from the Program should they be deemed rude, uncooperative, unprofessional, or intoxicated or in possession of any illegal substance during any live Online Events, phone calls or e-mails. By participating in the Program, Client agrees to respect Provider's time, expertise and reputation and shall be concise, respectful and professional in all communication with Provider and other third parties. Any abuse or overuse of Providers time or any disrespectful communication sent to Provider or The Golden Voice, by Client (with "disrespectful" determined solely by Provider), shall constitute a material breach of these Terms. An initial warning will be given by email to Client. A subsequent breach will warrant the immediate termination of Client's participation in the Program without reimbursement in any form.
4. Membership Fees: All fees are due and payable in full before the program begins. Client understands and agrees that the failure to make any payment when due shall constitute a material breach of this Agreement and may result in the immediate termination of Client's participation in the Program without reimbursement in any form. Once Client has started the program, the Client understands that unpaid invoices will go to collections after a 60 day grace period.
5. Liability Waiver - Live Events: Client hereby releases Provider, its directors, principals, officers, shareholders, employees, interns, contractors, sponsors, agents, successors, assigns, and representatives from any and all liability to Client, Client’s personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Client’s property and for any and all illness or injury to Client’s person, including Client’s death, that may result from or occur during Client participation at the Program whether caused by negligence of Provider, its directors, principals, officers, shareholders, employees, interns, contractors, sponsors, agents, successors, assigns, and/or representatives, or otherwise. Client further agrees to indemnify and hold harmless Provider and any third-party company from liability for the injury or death of any person(s) and damage to property that may result from Client’s negligent or intentional act or omission while attending and participating in the Program. Under no circumstances will Provider be held liable for Client’s injury or death or any loss of, or damage to, Client’s personal belongings resulting from Client’s participation in the Program. Client agrees that if Client has any medical or psychological conditions that may hamper Client from fully and healthfully participating in the Program that Client will notify Provider and that Provider retains the right to ask that Client not participate in portions of or the entirety of the Program.
6. Liability Disclaimer - No Professional Advice: The information contained in or made available by Provider or The Golden Voice, through the Program or their websites or services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, financial, medical, psychological, or legal fields. Provider does not offer any professional personal, medical, psychological, financial or legal advice and none of the information contained in the Program should be confused as such advice. Neither Provider, nor The Golden Voice, will be liable for any special or consequential damages that result from Client's participation in the program.
7. Confidentiality and Non-Compete: Client hereby understands and agrees that the tools, processes, strategies, materials and information presented in the Program are confidential, copyrighted, and property of Provider. Client agrees not to record in any form, duplicate, distribute, teach or train from the Program’s concepts or materials in any manner whatsoever without the express prior written permission of Provider. Any unauthorized use or distribution of Provider's private, confidential or proprietary concepts, materials, or intellectual property by Client or Client's representatives is prohibited and subject to legal review and response. Provider will pursue legal action and full damages against Client if these Terms are violated in any way in order to protect its rights and business.
8. No Solicitation/Poaching: The parties agree that their respective employees and contractors are valuable assets who are difficult to replace. Accordingly, during the Term of this Agreement and for a period of twenty-four (24) months thereafter, Client will not knowingly solicit the Providers employees and contractors with offers of employment or independent contractor work.
9. Adult Content: During the Program, Provider may discuss several adult topics relating to professional growth. Provider will also occasionally use adult language to emphasize a point, connect with, or surprise the audience (though Provider will always use tact and discretion in doing so). People who are uncomfortable with such topics or language should not participate in the program.
10. Audio/Visual Release: By participating in the Program, Client understands that portions of the Program may be recorded in video and audio and/or captured in stills and/or digital photographs or other suitable media (the ‘Media’) and that such Media may feature Clients name, likeness, voice, biographical details, testimonials (written, audio and or video) or photographs. Client agrees that Provider and its assigns owns all rights to the Media and has the right and permission to use and exploit the Media in any form and derivation across all delivery platforms known or unknown. Upon request by Provider, Client shall sign additional documentation reflecting Provider’s ownership of this intellectual property.
11. Cancellation Policy: If for any reason Client is unsatisfied with the purchase and have completed less than 30% of the video material, Provider will offer Client's full money back with no questions asked (10-14 days processing depending on your bank). Conditions to receive refund are that Client must ask for the refund in writing (via email) by 6am on the 7th day from date of purchase. Provider is not liable for any refund amount due to Client side technical problems including not having access to the Program for any reason.
12. Assignments and Transfers: Provider may hire experts to teach parts of the program to benefit the clients.
13. No Joint Venture: The parties agree that no joint venture, partnership, employment, or agency relationship exists between parties as a result of this Agreement or performance thereof.
14. Non-Disparagement: During and after the Term of this Agreement, and any renewals thereof, Clients nor anyone acting on their behalf shall make any derogatory or disparaging statements about Provider, or its past or present direct or indirect parent companies or its past or present subsidiaries or affiliates, or any of its past or present officers, directors, employees, consultants, agents, representatives, successors or assign, or directly or indirectly take any action which is intended to embarrass any of them; in any form (written, video, audio and or verbal), . This provision for non-disparagement shall survive termination of this Agreement in perpetuity.
15. Force Majeure: Provider not shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic, pandemic, explosion, casualty, war, terrorism, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or similar cause beyond either party’s control, and provided further that provider may terminate this Agreement if such force majeure condition has continued for a period of thirty (30) consecutive days.
16. Governing Law and Venue: This Agreement shall be governed and construed in accordance with the laws of the State of California, United States of America. Subject to any alternative dispute resolution provisions of this Agreement, the venue shall be any court of competent jurisdiction in the County of San Diego, California, USA. Client waives any argument of improper Venue or Inconvenient Forum (Forum Non-Convenient) with respect to the geographic location for the resolution of any and all legal disputes.
17. Dispute Resolution: The parties agree that any legal action or proceeding between them for any purpose concerning this Agreement or the parties' obligations hereunder, excluding equitable relief for intellectual property infringement and breach of non-compete claims, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of the parties. If it proves impractical to arrive at a mutually satisfactory solution through online mediation, the parties agree to submit the dispute to expedited, confidential binding arbitration before a single arbitrator under the Commercial Rules of the American Arbitration Association, which Rules are deemed to be incorporated by reference into this clause. The place of arbitration shall be in Oceanside, San Diego County, California, USA. The language to be used in the arbitral proceedings shall be English. The parties also agree that each party will be responsible for one half of the arbitration fees and costs incurred, and their respective lawyer fees. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. In no case shall either party have the right to go to court or have a jury trial. The parties will not have the right to engage in pre-trial discovery except as provided in the rules; they will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
19. Waiver or Modification by Conduct: A party’s failure to insist upon or enforce strict performance of any term or provision of this Agreement shall not be construed as a waiver of any term, provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
20. Entire Agreement: This Agreement contains the entire understanding between the parties with respect to its subject matter, and supersedes any and all prior or contemporaneous proposals, communications, agreements, negotiations, and representations, whether written or oral, related thereto.
21. Miscellaneous: If any provision of this Agreement is or becomes unenforceable in whole or in part, such provision shall be deemed amended to conform to the requirements of the law so as to be valid and enforceable, or if it cannot be amended without materially altering the intention of the parties, it shall be stricken and the remainder of the Agreement shall remain in full force and effect.