Becoming The Artist Participation Agreement
This Participation Agreement (“Agreement”), governs the terms and conditions for participation by a Client identified below (“Client”) in Becoming The Artist and (“Membership”) created by Bernii Mac Agency whose registered address is 5 Haldane Terrace, Newcastle Upon Tyne, NE2 3AN (“we” or “us” or “Company”).
(A) We trade as Bernii Mac Agency and we are a provider of vocal coaching, music mentoring, training and Artist development within the music industry
(B) We have therefore agreed to enter into this Agreement together. We are now setting out what the Membership will deliver to you, how you will interact and learn alongside other members of the programme.
The Membership is an online membership organized to guide and educate participants through aspects of the music industry. The program start date will be the date upon which the Membership is purchased (“Membership Start Date”). The Client has a free seven (7) day trial and if they decide to continue have access to the Membership for as long as they remain a member. We reserve the rights to discontinue the membership, however we have no plans to do so right now. If we ever do, we will give you due notice ahead of the discontinue date). The content of this Membership will be provided to the Participant upon the Membership Start Date but is subject to modification or removal at any time per the discretion of the Company, who will give due notice of this.
Membership Fee and Payment Schedule
The Standard Membership has a Seven (7) day free trial and is then on a rolling basis until canceled by either party.
- Access to the video portals on the tier you have purchased
- Access to Facebook group or Whatsapp if you have purchased ‘Being The Artist’
- Weekly mentoring calls, live performance workshops, pop up trainings.
The Participant authorizes the “Company” to automatically charge the credit or debit card on file for any and all Membership Fee balances owed and agrees to keep this information current with the “Company”. If any payment is insufficient or declined for any reason, The Company may remove Participant from the Membership and shall have no liability in that regard.
The participant can cancel their membership at any time, please allow a suitable period of time before your next payment due date to ensure your payment method is not charged for the next month. If this is not done and your card is charged your payment will be cancelled for the following month.
Your Participation In This Service
You agree that full participation and a suitable amount of time using the Service is necessary in order to achieve the best possible results. The company does not guarantee any results. If you do not fully participate, or you miss out elements of the Service then this is likely to have a negative impact on the effectiveness.
You understand and agree that you are participating in the Service for personal and professional growth and therefore give us permission, to be honest, direct, supportive, and challenging during provision of the Service and our interactions with you. You agree that you are responsible for your own personal wellbeing and that the Service is not to be used in lieu of professional advice for legal, financial, medical, tax, or other matters normally handled by professionals.
You agree not to share, use, copy, adapt, alter, distribute, duplicate or disclose any confidential information that we share with you (other than where you are required to disclose such information by law). You may also be privy to confidential information shared by other participants in the Service, and you agree to keep this strictly confidential at all times including after termination or expiry of the Agreement. Any breach of this confidentiality clause will give rise to a termination of the Agreement.
Participant agrees that the “Company” may use any images, audio recordings, or video recordings of Participant obtained while enrolled in the Membership. Participant waives any right to payment, royalties, or any other consideration for the use of such images, audio recordings, or video recordings. Participant waives the right to inspect or approve the finished product, including a written or electronic copy, wherein Participant’s likeness appears. The “Company” is hereby held harmless, released, and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf of the Participant’s estates have or may have by reason of this authorization. The "Company" will seek approval before testimonials or results are shared publicly.
All intellectual property rights in and to the Membership, the Membership content, and all materials distributed at or in connection with the Membership are owned by the “Company” or the Membership partners presenting during the course of the Membership. The participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed at, distributed at, or provided in connection with the Membership fr any reason without the prior written permission of the “Company”
The Service and access to the Works are made available to you without a warranty of any kind. As a responsible service provider, we have taken all reasonable steps to ensure that it is of satisfactory quality and reasonably fit for the purpose for which it was advertised and on the basis of which you applied.
To that end, we give no specific guarantee or reassurance as to the results of participating in the Service and/or using the Works. You accept and agree that your entry into any program does not guarantee you any specific results in your personal or professional life, career, or business growth. The results and benefits received by participants in our program can and do vary.
Any testimonials provided on our website or otherwise do not and are not intended to represent or guarantee that any other participant in our services will receive the same results or benefits.
By virtue of the fact that this Service is a program, the Service we offer under this Agreement is not directly tailored to your individual/specific needs. You should always ensure and take responsibility for ensuring that this content is suitable for your intended use.
A party shall not be liable for any failure or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon the occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or delay in completing its obligations.
Governing Law and Jurisdiction.
This agreement shall be governed by English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.
This agreement sets out the entire agreement between us in relation to your rights as a recipient of the Service. This agreement supersedes any and all prior agreements, communications, and proposals. You agree that in entering into this Agreement you have not relied on any statement or representation made by any person (including a third party) relating to membership of the program or provision of the Service.
If any provision in this agreement is found to be invalid, unenforceable, or illegal, the other provisions shall remain in force so far as legally possible.