Terms of Service
In exchange for agreeing to work together with Monika Ryan, you agree to be bound by the following Contractual Terms of Service. The terms may be updated from time to time without prior notice.
This Agreement is made between Monika Ryan, a Sole Proprietorship based in Lawrenceville, NJ (“Resensitize Record”, “Resensitize”, “Monika Ryan”, “Teacher”, “I”, “me”, and “my”) and you, the undersigned (electronically) person who has consented and agreed (“student”, “you”, and “your”).
2. Services / What You Can Expect
I promise to provide you with singing lessons (hereby referred to as “Services”) tailor-made for your voice and your specific goals. Services are typically conducted weekly, in person or virtually, at and for a specified and predetermined period of time. You may participate, in person or online, in vocal exercise classes, sessions, events, workshops and more with Monika Ryan. We offer personalized, transparent and honest classes, all of which may involve but are not limited to the following (“Activities”):
Live performance training and concert performance
The Activities also apply to any classes made available for in-person or virtually, both live or recorded, or that take place in or outside of Monika Ryan’s facilities, including outdoors if there is a live performance. We need you to acknowledge that you are responsible for the safe facilitation of the Activities happening in or outside of our facilities.
3. What I Expect of You
Just as you are investing in me, I am also investing time and energy in you. For you to gain the most from our practice together and the Services, here is what I expect of you:
3.1. Time Integrity
Let’s honor our time. Time integrity and keeping your word is important. Please be prepared to start your lesson on time and to honor the length of the Services and the cancellation policy detailed in section 6 below.
I reserve the right to cancel our appointment if you do not show up within 20 minutes of your appointment time. In such a situation, I may attempt to reschedule your lesson or cancel, as schedules permit, without providing any refunds.
You are responsible for your own physical, mental, and emotional well-being and actions during the course of the Services. I also expect you to be in charge of booking and managing lessons. We understand that schedules can be dynamic, and we will do our best to accommodate.
Furthermore, you agree to be solely responsible for obtaining the rights and permissions for any works or materials protected by copyright. You agree to hold us harmless to any copyright infringement where rights and/or permissions are required.
I expect you to be upfront and honest about your needs and goals, including any issues you have with your voice and throat and changing schedules.
3.4. Willingness to Learn
I expect you to come to the lesson with an open mind, as well as a willingness to learn and try new things.
3.5. Safe Space
You will work together with me to create a positive learning environment where both of us can feel safe.
4. Term and Termination
The term of this Agreement will begin on the date of execution by both parties and will continue for the duration of the Services as agreed upon between you and me (the “Term”) until canceled in writing.
4.1. Termination by Notice
The Agreement may be terminated by either party at any time by providing 48 hours advance notice to the other party (email is fine). However, if you terminate the Agreement before the Term is complete, you will be obligated to make all payments as outlined in Services.
4.2. Right to Terminate Immediately
The Teacher reserves the right to terminate this Agreement immediately if you violate any of the expectations outlined in section 3 above and you will not be entitled to any refunds or any continued working relationship with Monika Ryan.
An invoice will be issued on the 15th day of the month preceding each month’s lessons. Payment is due by the first day of each month, for that month’s lessons. Failure to pay on time may result in the cancellation of lessons and the termination of this agreement.
6. Cancellations and Refund Policy
6.1. Rescheduling with Notice
Rescheduling is allowed with at least 48 hours notice, subject to availability, at the discretion of the Teacher.
6.2. Refunds upon Request with Notice
Upon request, I will offer a refund if you cancel with at least 48 hours’ notice. To request for such a refund, contact me at email@example.com. Lessons are not considered canceled or rescheduled until I reply with an emailed response. The final refund amount may be reduced due to factors such as bank transfer fees.
6.3. No Refunds within 48 hours of Lesson
Strictly no refunds will be provided if the cancellation occurs within 48 hours of the lesson, because cancellation within such a close window to your lesson might leave me without a student during your scheduled lesson time. I will do my best to find an alternate time for your lesson if you cancel within 24 hours. And of course, if there is an emergency such as a tragic loss, or broken down car, we can find an alternate time. We only request patience in finding a timeslot that works for both parties.
6.4. No Refunds Under Any Other Circumstances
Where there has been no cancellation or rescheduling, strictly no refunds will be provided, even if you do not show up during your scheduled lesson time. For avoidance of doubt, no refunds will be provided in such a situation even if the lesson is stopped because you violated the expectations outlined in section 3 above.
7. Force Majeure
Monika Ryan shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
8. Limitation of Liability
The Client acknowledges and agrees that Monika Ryan will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the Client has been advised or otherwise might have anticipated the possibility of such loss or damage.
9. No Guarantees
The client acknowledges and agrees that Monika Ryan cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. I promise to provide you with the opportunity and support to see you grow, but the success of the Services ultimately depends on you. Services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.
10. Lesson Recording
Save for where there are technical issues or where you notify me before the lesson that you do not want a recording, You may record a video and/or audio of the lesson for personal use only. You can use this recording to practice, review, and refine your vocal technique and performance. In addition, some singing lessons will be jam-packed with information, and I don’t want you to have the pressure to memorize it all or take notes. You may not share recordings publicly or more broadly under any circumstances, without prior written consent; they are for personal use and development only.
11. Ownership of Materials
All the content that I have provided to you, including but not limited to videos, lesson recordings, documents and PDFs, are for your use only and are not to be re-distributed or re-used in any form or forum. Should rights or permissions for materials be required, you agree to be solely responsible for obtaining and maintaining such permissions.
In the course of the Activities, you might use a variety of equipment, which may include but is not limited to: mic stands, microphones, vocal pedals, a variety of straws, and more (the “Equipment”).
While risks are few and minimal, when working with sound equipment it is important to understand that care must be taken to use electronic equipment and be mindful of volumes to protect hearing.
12.2. Inherent Risks and Voluntary Assumption of Risk
You have read this Waiver and understand the risks of participating in the Activities with Monika Ryan. Your signature below, electronic signature or clicking ‘I Agree’, and your participation in the Activities with Monika Ryan illustrates your voluntary engagement and assumption of the risks of the Activities.
Injuries include but are not limited to things like vocal fatigue, vocal inflammation, vocal trauma, vocal hemorrhage and hearing loss.
12.2.2. Risks of Online Participation
Additional risks posed by participating in the Activities online, and you will therefore need to ensure the safety of the Activities, using your judgment on how to best practice them, not pushing yourself too far or attempting anything you feel unsure how to perform.
12.2.3. Risks of Activities Performed in Our Premises
Other risks posed for Activities performed within Monika Ryan’s premises are minimal but may include contracting diseases such as COVID-19 as we cannot foresee all circumstances. We will inform and cancel if we are aware of exposure. While we will do our best to ensure a safe environment to practice in, you are equally responsible for keeping yourself safe and watching out for possible hazards while in our premises, especially if you have some propensity for injury or illness.
12.3. Affirmation of Health
If you have any reason to believe that your health may be compromised in or by lessons for any reason please affirm that you have sought medical advice. Some reasons may be: Asthma, Vocal Trauma, and the like.
Please communicate if you are sick or ill prior to a lesson and inform us IMMEDIATELY if at any point you do not feel well during or after the Activities
12.4. Exclusion and Limitation of Liability
Save for personal injury and death caused by Monika Ryan’s negligence, Monika Ryan will not be liable or held responsible for any losses caused by negligence beyond the cost for the Services.
12.4.2. Breach of Contract
Monika Ryan will not be liable for any losses arising from a breach of contract.
12.4.3. Indemnity for Negligence and Breach of Contract
This Clause 7.3 applies to any liability and damages arising from negligence and breach of contract. You will indemnify Monika Ryan, its members, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from negligence and breach of contract that might be payable beyond the cost for the Services during your participation in the Activities with Monika Ryan. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
12.4.4. Release, Waiver, and Indemnity for Other Causes of Action
This Clause 7.4 applies to any liability and damages arising from causes of action besides negligence, breach of contract and any other causes of action where liability and damages cannot be excluded or restricted by law (“Excludable Liability and Damages”). You hereby release, hold harmless, indemnify and waive any claims against Monika Ryan, its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any Excludable Liability and Damages during your participation in the Activities with Monika Ryan. You are releasing the Released Parties at your own risk and you agree to forfeit any and all relevant forms of legal recourse which may be available to you, including but not limited to any relevant form of damages, as a result of your participation in the Activities. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
12.5. Continued Agreement
Agreement to this Waiver will act as your continued agreement to all ensuing Activities, classes, sessions, events, workshops, and more, whether in person, online, or via video conferencing tool.
12.6. General Legal Provisions
Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of New Jersey. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of New Jersey.
If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect.
12.6.2. Entire Agreement
This Waiver constitutes the entire agreement between the parties and replaces any prior agreements.
12.6.3. Online Agreement
We agree that this Waiver may be signed physically/in-ink or electronically or agreed to by making payment for lessons or by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of this Waiver.