Terms of Purchase | Danny Ziemann

First Call Musician Express

TERMS OF PURCHASE

Updated March 28, 2024

By purchasing First Call Musician Express (“Program”) from Danny Ziemann Music LLC (“Company”), you (“Client” and collectively, the “Parties”) agree to the following terms of this Purchase Agreement (“Agreement)”:

Program Includes (“Deliverables”):

9 weekly live zoom group training sessions with Danny Ziemann
10 weekly live zoom group coaching sessions with Casey Lipka
Lifetime access to the course portal with all video recordings and all course materials
Access to the private community group (hosted through Skool)
Kickstart resource bundle
Weekly practice plans
Library of 50+ video workshops
1 guest expert masterclass
Casey Lipka’s practice journal
Music learning library (PDFs of Danny Ziemann’s books)

AND WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services.

NOW THEREFORE, in consideration of the mutual covenants stated herein, and good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agrees that the terms and conditions of their relationship shall be as follows:

1. SERVICES.

Company agrees to provide the above project description and deliverables. (herein referred to as the “Project”).

2. DISCLAIMER.

A. Company assumes no responsibility or liabilities for any information within any aspect of the Project and further disclaims all liability in respect of such information. In particular, Company hereby excludes all liability for any claims, losses, and demands or damages whatsoever in relation to any information, content, advertisements, procedures, products or methods contained in or referred to in the material published within any component of the Project.

B. Company cannot and does not guarantee that Client will attain a particular result, and Client accepts and understands that results differ client by client. The Client's success depends on his or her background, dedication, desire, motivation, and a whole host of additional factors. As with any educational service, results may vary, and will be based on many variables, therefore no guarantees can be made.

3. PROGRAM STRUCTURE.

A. First Call Musician Express (the “Program”) is a 10-week, online education experience, beginning April 25, 2024. Client will have lifetime access to all recorded sessions and resources after the 10-week instructional period ends.

B. The Program will primarily utilize Zoom for live calls and interactive sessions, including the two weekly group calls.

C. Ongoing support and community engagement will be facilitated through a dedicated Community Group (through Skool), offering Clients unlimited access to a network of peers and resources.

D. Email will be used for official communications.

E. Call recordings and other supplemental resources will be housed in a course portal, for which Client will create a unique user ID and password.

F. The Program may also incorporate other platforms as necessary for delivering content and facilitating communication.

Expectations for Clients participation in the Program:

G. Clients who choose a monthly payment plan are required to maintain their monthly payments until completion to retain access to the Program and its resources.

H. Clients are encouraged to actively engage with the Program. This includes showing up to live sessions, asking questions, seeking clarity when uncertain, and participating in discussions within the Skool group.

I. The Company will actively participate in the Skool group and be available for support during the week, Monday to Friday. Clients are expected to respect the Company's operating hours and personal time, understanding that responses may not be immediate outside of these hours.

Company Commitments in the Program:

J. The Company commits to providing the structured support, resources, and expert guidance outlined in the "Deliverables" section of this Agreement.
K. While the Company will strive to be available and responsive during business hours, it is understood that this is a collaborative and self-directed learning environment. Clients are responsible for their own progress and outcomes, with the Company facilitating and guiding the journey.

4. TERM.

A. The engagement in First Call Musician Express (the “Program”) commences upon the Client's enrollment and completion of the initial payment. The instructional period begins April 25th, 2024 and concludes July 3rd 2024. After the Program’s conclusion, Client will retain access to all video recordings and resources.

B. The Client is eligible to participate in the Program and access its benefits as long as they are up to date with their payments.

5. TERMINATION.

A. The Company is committed to providing all Clients with a supportive and positive experience in First Call Musician Express (the “Program”). However, the Company reserves the right, at its sole discretion, to limit, suspend, or terminate the Client's participation in the Program without refund or forgiveness of monthly payments under certain circumstances. These circumstances include, but are not limited to, the Client becoming disruptive, failing to comply with the terms of this Agreement, or violating the Program's community standards or guidelines.

B. The Client has the flexibility to discontinue their participation in the Program for a full refund, minus transaction fees, within the first 7 days of the Program, specifically by May 1, 2024. Should the Client wish to exit the Program, they are required to notify the Company in writing by sending an email to team@fcmprogram.com. No further payments will be charged once the cancellation has been processed.

C. Upon termination, the Client will lose access to the Program, including all content, community forums, and any other resources provided as part of the Program.

6. PAYMENT.

A. The total price for participation in First Call Musician Express (the “Program”) is detailed on the checkout page ('Cost'). The Client has the option to either pay in full or select a monthly billing cycle, with payments due each month on the date of the original enrollment, until the balance is fully paid.

B. The Client will provide a valid payment method at the time of enrollment for monthly billing purposes. It is the Client's responsibility to ensure that all payment information is current and accurate. The Client agrees to update their payment method information if their original payment method fails or is no longer valid to ensure uninterrupted access to the Program.

7. DEFAULTED PAYMENTS.

A. If a payment fails, attempts to charge the provided payment method will be made every three days for a period of up to three attempts. The Client will be notified of each failed attempt and given the opportunity to update their payment information to resolve the outstanding payment.

B. The Client is responsible for updating the method of payment used if the initial payment method fails. This includes providing a new or alternative valid payment method to settle any outstanding balances.

C. If the payment is not successfully processed by the third attempt, the Client's access to the Program and all related materials will be suspended. To regain access, the Client must settle the outstanding balance and ensure that their payment method is updated to continue their participation in the Program.

D. Clients who have lost access due to defaulted payments may be reinstated in the Program once all outstanding payments have been made and a valid payment method is on file for future billing.

8. REFUNDS.

A. The Client may withdraw from the Program for a full refund, minus transaction fees, within the first 7 days of the Program, specifically by May 1, 2024. Should the Client wish to exit the Program, they are required to notify the Company in writing by sending an email to team@fcmprogram.com. No further payments will be charged once the cancellation has been processed.

B. After May 1, 2024, should the Client remain in the Program but subsequently decide to no longer participate, no refunds will be given.

B. By proceeding with enrollment and providing payment information, the Client expressly agrees to this refund policy and acknowledges and understands that the commitment to the Program with no refunds after May 1, 2024.

9. CONFIDENTIALITY.

A. This Agreement serves as a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal, or utilize any information learned by either party during discussions, or otherwise, throughout the Term of this Program (“Confidential Information”), except as expressly permitted by this Agreement or as required by law.

B. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement and shall not include information rightfully obtained from a third party, information that is already publicly available, or information independently developed without access to the Confidential Information.

C. Both Parties commit to maintaining the confidentiality of all Confidential Information by exercising a reasonable degree of care, at a minimum the same degree of care that it uses to safeguard its own confidential information, but in no event less than a reasonable degree of care.

Acceptable Uses of Confidential Information:

D. The Client is permitted to use the Confidential Information received during the Program to the extent necessary for participating in collaborative projects or discussions as part of the Program.

E. Upon completion of the Program, the Client may use insights, knowledge, and generalized skills gained during the Program in their own professional endeavors, provided such use does not disclose any specific, proprietary information of the Company or violate any intellectual property rights.

F. Any use of Confidential Information not explicitly mentioned herein requires prior written consent from the disclosing Party. Such consent to be withheld or granted at the disclosing Party's sole discretion.

G. The obligation of the Parties to maintain the confidentiality of the information shall not apply to information that is subsequently acquired by either Party from a third party with a bona fide right to make such information available without restriction.

H. Furthermore, both Parties agree that the obligation to protect Confidential Information learned during the Term of this Agreement shall survive the termination, revocation, or expiration of this Agreement.

10. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.

Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will: (i) provide Company with prompt notice of such requirement prior to the disclosure; and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.

11. NON-DISCLOSURE OF COMPANY MATERIALS.

A. Any material given to Client in the course of Clients work with the Company (“Program Material”) is proprietary, copyrighted and developed specifically for Company. Program Materials are solely owned intellectual property of the Company. Client agrees that such Program Material is provided during the Program solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.

B. Program Materials are copyrighted and the original materials that have been provided to Client are for Client's individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's purposes outside of the coaching relationship. All intellectual property, including Company’s copyrighted Program Materials, shall remain the sole property of the Company. No license to use, sell or distribute Company’s materials is granted or implied.

C. Further, by completing the purchase, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

12. CLIENT PARTICIPATION IN MARKETING MATERIALS.

A. The Client acknowledges that sessions, calls, or other interactions may be recorded. The Client consents to the recording of such interactions by Company and agrees that Company may use these recordings for the purpose of quality assurance, training, or promotional materials.

B. The Client agrees that any feedback, testimonials, or results shared with Company, whether verbally or in writing, may be used by Company in connection with its business activities, including marketing and promotional efforts. This may include the publication of such feedback on Company's website, social media platforms, or in other marketing materials.

C. Unless the Client provides explicit permission, Company will ensure that any use of the Client's feedback or testimonials in marketing or promotional materials will either be anonymized or will include only the Client's first name and last initial to protect the Client's privacy. If the Client agrees to the use of their full name, likeness, or other identifiable information, such consent must be obtained in writing.

D. The Client acknowledges that any feedback or testimonial provided is given voluntarily and that they will not receive financial compensation for any use of such feedback. The Client affirms that they have the authority to provide this feedback and that its use by Company will not infringe on the rights of any third party.

13. NON-DISPARAGEMENT.

Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.

14. INDEMNIFICATION.

Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company in writing.

15. DISPUTE RESOLUTION.

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Danny Ziemann at danziemann@gmail.com

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Danny Ziemann and Danny Ziemann Music LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 10 miles of Buffalo, NY. If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of New York. The only award that can be issued to you is a refund of any payment made to Danny Ziemann Music LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

16. DATA PROTECTION AND PRIVACY.

A. The Parties acknowledge the importance of privacy and data protection. In the course of executing the duties under this Agreement, it may be necessary for Company to collect, store, and use personal data related to the Client. Company is committed to safeguarding the privacy and security of such data in accordance with applicable data protection laws.

B. Company shall only collect personal data that is necessary for the fulfillment of its obligations under this Agreement or as expressly authorized by the Client. The collected data shall be used solely for the purpose of providing the services outlined in this Agreement and not for any unrelated purposes.

C. Company shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, protecting the personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

D. The Client shall have the right to request access to, correction of, or deletion of their personal data held by Company. Furthermore, the Client has the right to object to the processing of their personal data, under certain conditions, and to request data portability.

E. Company shall not share Client’s personal data with third parties, except as required by law or as necessary for the provision of the services under this Agreement, and only with the Client's explicit consent or as detailed in this Agreement.

17. GOVERNING LAW.

The terms of this agreement shall be governed by the laws of the state of New York. Any action brought by any party arising out of or from these Terms shall be brought within the New York, County of Erie. By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Purchase.

18. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.

This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

19. COUNTERPARTS.

This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.

20. SEVERABILITY.

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

21. WAIVER.

The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

22. ASSIGNMENT.

This Agreement may not be assigned by either Party without express written consent of the other Party.

23. FORCE MAJEURE.

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, labor strike or civil disturbance, or other matter such as disease or community health risk, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, and the affected Party, on a timely basis, notifies the other Party of the matter preventing its performance and the probable length of delay, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

24. CLIENT RESPONSIBILITY; NO GUARANTEES.

Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature and extent of the Program, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.