SKILLZDR TERMS AND CONDITIONS
Effective Date: March 9, 2016, REVISED 2/9/17
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH SKILLZDR OFFERS YOU ACCESS TO ITS SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. YOU MUST READ THE ENTIRE AGREEMENT BEFORE CHECKING THE “ACCEPT” BOX WHEN YOU REGISTER FOR AN ACCOUNT.
In consideration of the mutual promises and conditions set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SkillZDr and Customer agrees as follows:
- Eligibility. Customer must be at least eighteen (18) years of age to register and use SkillZDr’s Services. SkillZDr Customer must be able to form legally binding contracts under applicable law. If Customer does not qualify, please do not use SkillZDr’s Services. For minors under the age of eighteen (18) years of age to use the Services, the minor must have a parent or guardian acting as the Customer.
- Communications. By creating an Account, Customer expressly authorizes SkillZDr, its affiliates, agents, and independent contractors to contact Customer at any telephone number (including telephone numbers associated with mobile, cellular, wireless, or similar devices) Customer provides to SkillZDr or from which Customer places a call to SkillZDr, and from any email addresses provided to SkillZDr at the time Customer registers an Account. However, SkillZDr will use the primary email address provided in Customer’s Account as the primary method of communicating with Customer unless Customer requests an alternative method of communication at the time Customer establishes an Account.
- Private Music Lesson Sessions. Through Customer’s Account, Customer shall be able to order private music lessons for Customer or Customer’s children. Customers shall be able to select the type of instrument, skills to be trained, the level of teaching expertise and/or instructor, and whether the sessions shall take place at the Customer’s home. Once music lessons have been ordered through Customer’s Account, a representative shall match Customer with an instructor based on Customer’s selections and will communicate with Customer when an instructor has been matched to Customer. Instructors shall then contact Customer by phone or email to schedule sessions.
- Minors. In the event that Services are requested for children under the age of eighteen (18), Customer shall be required to ensure that a parent or guardian is present at all times for the entire music lesson. Failure of Customer to ensure that a parent or guardian is present for the entire music lesson may lead to early termination of the lesson by the instructor without a refund to Customer.
- Background Checks. Because SkillZDr’s instructors work with minor children, SkillZDr performs background checks on its instructors from publicly available information such as the TBI Sex Offender Registry, TN.gov Felony Offender Information Website, Family Watchdog, and the Dru Sjodin NSOPW. However, while SkillZDr attempts to contract with reputable and safe instructors, SkillZDr cannot make any guarantees regarding an individual instructor and SkillZDr does not perform any additional background checks beyond those set forth in this Section.
- Upgrade of Music Instruction Session. SkillZDr reserves the right to upgrade the skill-level package requested at no additional cost to Customer.
- Location of Lessons. Lessons may be held at locations agreed upon by SkillZDr and/or its instructors and Customer or at Customer’s home depending upon the type of lessons requested. In the event that lessons take place at a location other than Customer’s home, Customer shall be responsible for Customer’s or Customer’s child’s transportation to and from the lesson location. In the event that the lesson takes place at Customer’s home, Customer shall be required to ensure that there is adequate space, facilities, lighting, and materials/equipment for the music lessons and that all pets are removed from the area where the lesson will take place. Instructors shall have the right to terminate lessons where the instructor determines the location is not safe for music lessons.
- Equipment/Materials. Customer agrees and acknowledges that Customer shall be responsible for providing all equipment and/or materials necessary for a lesson, and that neither SkillZDr nor the instructor will provide such equipment and/or materials for the lesson.
- Cancellation of Lessons. In the event that Customer desires to cancel a lesson, Customer may cancel such lesson by providing SkillZDr email notice, at email@example.com of Customer’s intent to cancel three (3) business days prior to the scheduled lesson date. If Customer fails to cancel a lesson as required under this Section, Customer will be charged for the lesson and no refunds will be issued. However, an instructor may cancel a lesson due to weather which may substantially impair the quality of the lesson, as solely determined by the instructor, and in such event, the lesson shall be rescheduled as agreed upon by the instructor and Customer.
- Payment for Services. Customer agrees to pay SkillZDr for all Services as ordered through Customer’s Account by credit or debit card through this website. Customer will be required to submit Customer’s credit card or debit card information at the time of purchase. By submitting credit card or debit card information, Customer is providing SkillZDr with “written authorization” to charge Customer’s credit card or debit card, subject to credit card regulations and all applicable state, federal and international laws governing the use of such cards. Furthermore, by placing an order and submitting credit card or debit card information, Customer is certifying that Customer is either the card holder or has the card holder’s authorization to submit the order with the holder’s card.
- Refund Policy. In the event that Customer desires to cancel any unused sessions and to seek a refund, Customer may cancel such unused sessions by providing SkillZDr email notice of such termination and a request for a refund (pursuant to section 13 “Unused Sessions” below) at firstname.lastname@example.org. SkillZDr will refund to Customer, within 30 days of such notice, Customer’s payment less any amounts charged for sessions that Customer may have already participated in and less any volume discounts which Customer may have received for purchasing a package of sessions (again, pursuant to section 13 “Unused Sessions” below).
- Unused Sessions. You have one year from the date of your most recent order to complete all sessions in the package ordered. If sessions have not been completed after one year, they will no longer be available to be scheduled/completed. If, prior to expiration, you are unable to complete sessions due to injury, scheduling issues, relocation, etc., you may transfer your sessions to another instructor or receive a credit for the value of your unused sessions. You must notify us via email or in writing, prior to the one year anniversary of the date of your most recent order, if you would like to pursue a transfer or credit.
- Permission to Record Lessons. Customer hereby grants to SkillZDr and its instructors, the limited right and permission to record video and/or photograph Customer or Customer’s child during the lesson for the limited purpose of providing instruction to Customer or Customer’s child. SkillZDr on behalf of itself and its instructors agrees not use the videos or photographs for any other purpose without the express consent of Customer.
- Relationship with Instructors. Customer agrees and acknowledges that instructors are not employees of SkillZDr and that instructors are independent contractors operating their own business. Nevertheless, Customer agrees and acknowledges that SkillZDr has developed valuable relationships with its network of instructors through marketing and other methods and that Customer would not be introduced to SkillZDr’s instructors without the efforts of SkillZDr. Therefore, it is for the purpose of protecting SkillZDr’s relationship with its instructors that Customer agrees to the terms of this section. Customer agrees that during the term of this Agreement, and for one (1) year after the last music lesson is provided to Customer, Customer shall not solicit, engage by contract, employ, or enter into any business relationship whatsoever which adversely affects the business of SkillZDr with any instructor who provides music lessons to Customer through SkillZDr. Customer understands and agrees that any breach of the covenants contained in this Section will cause irreparable injury and damages to SkillZDr for which there is no adequate remedy at law, and as to which money damages cannot be readily ascertained. Accordingly, Customer consents in such event to the granting of injunctive relief against any continuing breach in addition to liquidated damages equal to any amount of fees or other compensation paid to such instructors by Customer.
- Liability Release. In consideration of being allowed to participate in the Services, Customer must agree to the provision of this Section and Customer agrees that SkillZDr would not provide the Services without the release in this Section. Customer is aware that there is a risk of injury when participating in any of Services which may include, but are not limited to, bruises, cuts, scrapes, broken bones and even more serious injuries which may lead to death. Customer knowingly accepts these risks, whether known or unknown, on behalf of Customer and on behalf of Customer’s child or ward, including the risks that may arise from AN INSTRUCTORS negligence. Customer and Customer’s heirs and assigns, hereby release and hold harmless SkillZDr, its members, officers, employees and agents, and any other people officially connected with SkillZDr from any and all liability for damage due to or loss of personal property, injury from whatever source, or death which might occur to Customer or Customer’s child or ward while participating in the Services. Customer agrees that Customer will be responsible for any and all medical costs Customer or Customer’s child or ward incurs as a result of participation in the Services. Customer further agrees to reimburse SkillZDr, its members, officers, employees and agents for any legal fees, including court costs, that they may incur in the defense of any claim, cause or action, or demand waived under this Section.
- Disclaimer. CUSTOMER ACKNOWLEDGES THAT ALL SERVICES PROVIDED BY SKILLZDR ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT ANY WARRANTY WHATSOEVER AND THAT CUSTOMER’S USE OF THE SERVICES IS AT CUSTOMER’S OWN RISK. NEITHER SKILLZDR, its members, officers, employees and agents, MAKE ANY WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE WITH RESPECT TO THE RESULTS OF THE SERVICES AND SKILLZDR CANNOT PROMISE THE SKILL LEVEL WHICH MAY BE OBTAINED BY CUSTOMER OR CUSTOMER’S CHILD. SKILLZDR AND its members, officers, employees and agents EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, KNOWLEDGE/SKILL GAIN FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT.
- Limitation of Liability. IN NO EVENT SHALL SKILLZDR, its members, officers, employees and agents, BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING FROM INFORMATION PROVIDED BY, TO OR THROUGH SKILLZDR OR AN INSTRUCTOR, OR ANY OTHER DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKILLZDR DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION. THE AGGREGATE LIABILITY OF SKILLZDR, its members, officers, employees and agents TO CUSTOMER FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED TO CUSTOMER, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT RECEIVED BY SKILLZDR DIRECTLY FROM CUSTOMER UNDER THIS AGREEMENT DURING THE CALENDAR MONTH DURING WHICH SUCH CLAIM(S) ACCRUED, OR (ii) $100.00.
- Waiver and Severability. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
- Governing Law, Venue, and Attorneys’ Fees. This Agreement shall be governed by the laws of the State of Tennessee. Should any legal action arise from this Agreement, including the enforcement of any conditions or covenants hereof, both Customer and SkillZDr agree that such litigation shall be brought in a court of competent jurisdiction in Williamson County, Tennessee or in the Middle District Court of Tennessee, and that in the event that Customer is the losing party, Customer shall pay all expenses incurred by SkillZDr as a result of such legal action, including reasonable attorneys’ fees.
- Assignment. This Agreement may not be assigned by Customer except as expressly approved by SkillZDr in advance in writing. SkillZDr reserves the right to transfer its rights and obligations under this Agreement without the approval of Customer.
- Notice and Service of Process. All notices, requests, claims, demands and other communications to SkillZDr shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process). Customer shall send notices to SkillZDr as follows:
1222 Old Spring Trail
Arrington, TN. 37014
SkillZDr is authorized to send any notices to Customer under this Agreement to the mailing address, facsimile number and/or e-mail address associated with Customer’s Account, as such information may be updated by Customer from time to time.
- Entire Agreement. This Agreement is the entire agreement of the parties relating to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof.