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MUSIC ACADEMY SUCCESS
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AGREEMENT BETWEEN YOU AND MUSIC ACADEMY SUCCESS™, LLC M.A.S.S. TERMS AND CONDITIONS OF USE The Music Academy Success® program is three payments of $499.00, 30 days apart. The new member package consists of all the hardcopy materials you'd need in order to implement the strategies: your books, manuals, blueprints, CD's, etc. You can view the full list of items included at www.musicacademysuccess.com/apply If you are unhappy with your purchase for any reason simply return the manuals, CD's and books and we will refund 100% of your money. No questions asked. With the purchase of the Music Academy Success System Home Study Course, you receive 90 days of the free Gold Membership Monthly Trial. This will be set up as a free 90 day period. At the end of 90 days, you will be automatically enrolled into the Music Academy Success System Gold member program and your card will be charged $99.00 per month. It's very easy to cancel this subscription. If you do not want to be charged $99.00 after your 90 day trial has ended, simply log in with your user name and password at www.musicacademysuccess.com/store and visit "My Account" to cancel your Gold trial. You can do this at anytime 24/7. If after a few months, you would like to cancel your subscirption at any time, just follow the same steps. The M.A.S.S. Gold, Gold +, Diamond, and Titanium membership fees are non refundable. Use of the Music Academy Success™, LLC ("MAS™ or M.A.S.S.™") system (the "System"), including without limitation the MAS™ Coaching Program Manual and other materials (collectively, the "Materials"), is subject to the following terms and conditions. Your signature below or your use of the System or any Materials constitutes your acknowledgement of, agreement with, and assent to all such terms and conditions. All information provided in connection with or as a part of the System (the "Information"), including without limitation the content of the Materials, is provided for your use solely for general informational purposes. If you have any questions about a specific situation or the current law in your jurisdiction, you should always consult an attorney or accountant. MAS™ and its management and employees are not attorneys or accountants, and therefore, none of the System, Materials, or Information should be construed as legal or accounting advice. Your use of any aspect of the System, Materials, or Information is not intended to create and does not create an attorney-client, attorney-accountant or accountant-client relationship between you and MAS™. MAS™ makes no warranties or representations, express or implied, regarding any aspect of the System, the Materials, or the Information. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MAS™ DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT MAY ARISE FROM ANY COURSE OF DEALING OR CUSTOM OF TRADE. To the maximum extent allowed by applicable law, neither MAS™ nor its members, managers, or employees shall be liable to you or to any other party for any damages, including without limitation direct, indirect, consequential, special, incidental, exemplary, and punitive damages, arising out of, related to, or in connection with any use of any of the System, Materials, or Information. The contents of the System, the Materials and the Information are confidential and for the private business use of the purchaser only. The purchaser is welcome to use the templates given in the MAS™ Coaching Program Manual for their own use. The purchaser is not allowed to share this educational advice with non-purchasers as it is proprietary and confidential. The MAS™ Coaching Program Manual, the Materials and the Information contain trade secrets similar to a franchise manual. Non-trade secret material contained in the MAS™ Coaching Program Manual, the Materials and the Information belongs to MAS™. The copyright in all non-trade secret Materials and Information belongs to MAS™. You acknowledge MAS™ ownership of the MAS™ Coaching Program Manual, the System, the Materials and the Information by signing below. MAS™ strictly prohibits the dissemination of the trade secrets and concepts covered in the System, the MAS™ Coaching Program Manual, the Materials, or the Information. This includes reviews and or copying excerpts on message boards, internet review sites, and hosting of scanned documents or native files on peer networks. You agree not to disseminate the MAS™ Coaching Program Manual, the System, the Materials and the Information except as permitted by MAS™. MAS™ will aggressively pursue and prosecute anyone who knowingly disseminates the content of the System, the MAS™ Coaching Program Manual, the Materials or the Information electronically or by any other means. This includes the passing of the manual to other commercial music studio owners, except as permitted by MAS™ with other purchasers of the MAS™ program. You agree that dissemination of the System, the MAS™ Coaching Program Manual, the Materials or the Information electronically or by any other means not permitted by MAS™ will cause irreparable harm to MAS™ for which damages may be difficult to calculate. You consent to a court of competent jurisdiction entering either or both a preliminary and permanent injunction against such dissemination. In the event of any litigation between the parties to this agreement, the prevailing party shall receive an award of reasonable costs and attorneys’ fees incurred by that party for the litigation. The System and MAS™ Coaching Program Manual is just for you the purchaser and is not to be shared with anyone else for a fee or for free. MAS monitors the internet daily for violations of this term of use and make it clear that the information in this manual is confidential and for the private use and benefit of the purchaser only. By signing below or accepting and using the MAS™ program, the MAS™ Coaching Program Manual, the Materials or the Information electronically or by any other means, you submit and agree to the jurisdiction of and venue in either the Circuit Court for Richland County, South Carolina or the United States District Court for the District of South Carolina, Columbia Division. You agree and understand that this Agreement and its construction, interpretation, and any legal or equitable claims arising out of or related to this Agreement, will be governed by the laws of the State of South Carolina, without regard to any choice of law rules or principles to the contrary. You agree that the System, the MAS™ Coaching Program Manual, the Materials and the Information are the sole property of MAS™. You understand that this agreement grants you a temporary, non-exclusive license to use the System, the MAS™ Coaching Program Manual, the Materials and the Information. You agree that you may only use the System, the MAS™ Coaching Program Manual, the Materials or the Information if you have paid your product fees and not received a refund. As long as your account is in good standing for the initial payment, you may use the materials for the lifetime of your business. Receiving a refund from the program constitues a resignation of all rights to use any and all aspects of the system. You also agree that any modifications or alterations you make to the System, the MAS™ Coaching Program Manual, the Materials or the Information electronically or by any other means, become the property of MAS™ which you are not entitled to use or keep after termination of this agreement. PLEASE NOTE: The MAS™ Musical Ladder System™ IS NOT included in this contract for professional services. The Musical Ladder System™ belongs to MAS™, patent pending, including all copyrights and other intellectual property rights in the Musical Ladder System™. You may not copy, use, prepare derivative works or disseminate the Musical Ladder System™ unless you enter into the separate licensing agreement for the Musical Ladder System™ and then your use must conform to the terms of that license agreement. IF YOU ARE NOT IN COMPLETE AGREEMENT WITH THE MUSIC ACADEMY SUCCESS™ SYSTEM’S TERMS AND CONDITIONS YOU NEED TO END YOUR RELATIONSHIP WITH MUSIC ACADEMY SUCCESS AND RETURN THESE MATERIALS WITHIN 7 DAYS OF RECEIPT AND EXAMINATION. By logging into the musicacademysuccess.com member’s only are with your account email and also selecting that you agree to our terms of use, you understand you are entering a binding electronic agreement and consent to the use of an electronic signature and electronic documentation. *Please note we do not work with owners of, employees of or managers of large corporate music schools (examples: Bach To Rock, School of Rock, Music & Arts, Guitar Center, etc). We do welcome multi location independent business owners, single unit business owners, mobile music teachers, music teachers in their homes, public and private music school teachers, etc. If you need clarification on if you qualify, please contact us at office@musicacademysuccess.com and we will be happy to tell you if you are a good fit for our program. MUSIC ACADEMY SUCCESS MEMBERSHIP AND MATERIALS PURCHASER NON-DISCLOSUREAGREEMENT AND LEGAL NOTICE THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO S.C. CODE ANN. § 15-48-10 et seq. 1. Music Academy Success member and materials purchaser (the "Receiving Party") understands and acknowledges that Marty Fort and Music Academy Success, LLC (together the "Disclosing Party") has disclosed or may disclose valuable information including but not limited to information relating to Columbia Arts Academy LLC, Lexington School of Music LLC; materials used in the Music Academy Success System (“MASS”) including but not limited to manuals and other materials; information and materials relating to the Musical Ladder System; and the identities of other individuals and companies participating in MASS, the Musical Ladder System, and the Musical Academy Success Conference, which to the extent previously, presently, or subsequently disclosed to the Receiving Party is hereinafter referred to as "Proprietary Information" of the Disclosing Party. This information is confidential, proprietary, and is not to be shared with nonconference attendees, including other members of MASS who are not Gold Plus or Diamond members. This information is also not to be shared with any individual or company that is not a MASS 2. In consideration of the disclosure of Proprietary Information by the Disclosing Party the Receiving Party hereby agrees: (i) to hold the Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials) and (ii) not to disclose any such Proprietary Information or any information derived therefrom to any third person. 3. Each party further acknowledges and confirms to the other party that no representation or warranty, express or implied, is or will be made, and no responsibility or liability is or will be accepted by either party, or by any of its respective directors, officers, employees, agents or advisers, as to, or in relation to, the accuracy of completeness of any Proprietary Information made available to the other party; each party is responsible formaking its own evaluation of such Proprietary Information. 4. The receiving party agrees to not create a competing music school / studio coaching company for a period of five years after being accepted into the Music Academy Success® program. Specifically the receiving party agrees to not solicit Music Academy Success® members for coaching or other services for a period of five years after joining. If they do solicit their services, they agree to reimburse Music Academy Success® LLC $14,000 per customer obtained and or solicited. If Receiving Party engages in any activity prohibited by any provision herein, Receiving Party shall pay to the Disclosing Party as liquidated damages, and not as a penalty, $14,000.00 per breach. Receiving Party acknowledges and agrees that such amount is a reasonable calculation of Disclosing Party’s liquidated damages and not a penalty having regard to the standards of the educational industry and given the interest of the Disclosing Party in maintaining its client base and the future profits that would be foregone by the Disclosing Party if Receiving Party violates any provision herein. This provision shall in no way limit the other remedies whether in law or equity to which Disclosing Party may be entitled as a result of any breach of this Agreement. 5. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term, or provision of this Agreement is held to be illegal orunenforceable neither the validity, nor enforceability of this Agreement shall be affected. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina. 7. Any controversy or claim arising out of or related to this Agreement or the breach thereof, shall be settled, except as may otherwise be provided herein, by binding arbitration. The arbitration award may be entered as a final judgment in any court having jurisdiction thereon. Any dispute as to whether a controversy or claim is subject to arbitration shall be submitted as part of the arbitration proceeding. If any lawsuit or action is instituted to enforce any provision of this Agreement, the prevailing party will be entitled to all costs and expenses, including reasonable attorneys’ fees, incurred by it in connection with enforcing its rights hereunder. All arbitration proceedings shall be conducted by a panel of three arbitrators. The party requesting arbitration shall have the right to select one arbitrator and the person or persons on the other side of the controversy shall select a second arbitrator. The two arbitrators shall select the third. Claims shall only be brought by Parties in their individual capacity. No claim shall be arbitrated on a class action, private attorney general, or other representative action basis. The arbitrators may not consolidate more than one person or entity’s claims and may not preside over any form of a representative or class proceeding. 8. By joining the Music Academy Success and purchasing the Music Academy Success materials the Receiving Party agrees to all provisions of this Agreement. 9. If these provisions are unacceptable to you, you should immediately return the Music Academy Success materials and return them (refund available).
1061 Lake Murray Blvd
Second Floor Irmo, SC 29063
CALL/TEXT: 803-917-1434
office@musicacademysuccess.com