TERMS OF SERVICE
This Purchase Agreement ("Agreement") states the terms and conditions that govern your purchase of vocal lessons, consulting, songwriting and production services and/or products purchased from Jesse Nemitz and/or any subsidiaries of Jesse (“Jesse”). Jesse’s website, www.jnemitz.com ("website") is offered to you for the purpose of purchasing any of the above-named services or products and for checking the status of your online account. When you place an order from Jesse on the website and/or permit any other person to access your account, you agree to the terms and conditions of this Agreement. We may amend or change this Agreement from time to time, at our sole discretion, by sending you written notice via electronic mail or regular mail (sent to your address as it appears on your order or by posting the updated terms on the site. By clicking “Place Order”, you agree to the terms and conditions of this Agreement. If you find the Agreement unacceptable, please discontinue your order at this. Do not proceed. Once your payment has been processed, you have indicated your complete agreement with the terms and conditions of this Agreement. If you have submitted an order by phone or email, you will be asked to agree to the terms and conditions of this Agreement via email before your card is processed for payment. As used in this Agreement, "you" or "your" “client” or “Buyer” refers to each person(s) that you, and/or the company you represent, authorize to access your order online and/or place an order via phone or email. "Card" refers to the credit or debit card that you use to pay for your purchase. "We", "us" or "our" refers to Jesse Nemitz and/or any subsidiaries and/or any companies owned by Jesse. "Client” refers to the recipient of the service(s) being purchased by you or yourself or the buyer. “Services” refers to vocal lessons, consulting sessions, song-writing and production sessions. “Products” refers to CDs, DVDs, downloadable programs and goods.
TERMS OF SALE
General: All services are scheduled in Central Daylight Time. Client may convert any time zone to Central Daylight Time by using www.thetimezoneconverter.com. Jesse is not responsible to make up vocal lessons or consulting sessions missed due to client’s failure to convert time zone properly. Jesse generally teaches vocal lessons on Mondays and Tuesdays (could be subject to change). Each lesson is 60 minutes (one hour) in length. All vocal lessons, song-writing and consulting are done via Skype or in person at his studio in Nashville, Tennessee. All production services must be scheduled via phone or e-mail with: jenn@jldavidtalent.com
Jesse’s Skype name is: (jesse.nemitz) . It is the client’s responsibility to direct message via Skype, to check in and initiate the services with Jesse at the scheduled time (CDT). Jesse audio records every “In-Studio” session and provides each client with an audio memo of the session via Dropbox. All uploads are done at the end of the day and generally take 1-2 days to appear in client’s folder. Skype students are welcome and encouraged to record their sessions on their own for better quality. (Smartphone, iPad or tablet devices work great and will not interfere with Skype connection).
Booking Methods:
Online: www.jnemitz.com
Online Scheduler: https://jessenemitz.acuityscheduling.com/
Rates/Payment Information:
Standard Vocal Lesson Rates:
- Single Lesson $150.00
- Five Lesson Package $700.00
- 10 Lesson Package $1,350.00
All lessons and/or packages must be PAID IN ADVANCE. (NO EXCEPTIONS)
Packages expire one (1) year from the purchase date. We have a NO REFUND policy.
Consulting, Songwriting and Production Services Rates: Quoted separately based upon the scope of the project. (An Additional Agreement may be required.) The prices on the website are not guaranteed and are subject to change without notice. We reserve the right to correct any typographical errors or perceived typographical errors. The price listed on the website at the time you approve your purchase and your card is approved by our online processing center is the agreed-upon price.
Scope of Services Purchased:
Vocal Lessons Purchased: Vocal lessons constitute the instruction of the client in vocal techniques used for singing, performances and recordings by Jesse. Within the confines of vocal lessons, any songs, lyrics, tracks and/or compositions made by Jesse are the sole intellectual property of Jesse until an additional Agreement is executed and agreed upon by the client and Jesse. Consultation Services Purchased: Consultations constitute advice in any area of the music and entertainment business. Within the confines of a consultation, client agrees that Jesse is providing advice which may or may not result in tangible or financial success in the music or entertainment business. Songwriting and Production Services Purchased: Any and all lyrics, tracks, compositions made by Jesse are the sole intellectual property of Jesse until an additional Agreement is executed and agreed upon by the client and Jesse.
Quotations: No verbal Agreements will be recognized. Verbal quotations are not guaranteed. All written quotations are for acceptance within five (5) working days from the date of issue.
Missed Lessons/Cancellations/No-Shows:
If client is a no-show and does not cancel or notify booking at least 24 hours in advance, the client is not guaranteed a make-up lesson. If client is running late, please notify us as soon as possible at one of the Booking Methods listed above and we will do our best to accommodate the client; however, there is a chance that your lesson could be cancelled if the client is more than 20 minutes late. Client would not be guaranteed a makeup and would then be considered a no-show. Due to the level of personal attention that Jesse provides each client, his schedule frequently runs behind. Please take this into consideration when you book your service by allotting an extra amount of time. If your schedule will not allow you to wait for a Skype service, notify Jesse via Skype message and then immediately reschedule using the online scheduling platform, located on www.jnemitz.com. If your schedule will not allow you to wait for an In-Studio service, email jenn@jldavidtalent.com immediately and reschedule at www.jnemitz.com . This will not count against you and you will be guaranteed a makeup lesson and rescheduled.
(Note: Holiday Breaks: Thanksgiving, Christmas through New Years’ Day. No services will be scheduled during those breaks.)
Limitation of Liability: All purchases are subject to delays due to fires, riots, strikes, accidents, or other causes beyond our control. Jesse’s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from this Agreement, or from the performance or breach thereof, shall in no case exceed the price of the purchased services or products which give rise to the claim. IN NO EVENT SHALL JESSE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES IN THE NATURE OF PENALTIES. Client must commence any action for breach of this Agreement by us within one year after client’s cause of action has occurred.
Except as specifically stated in this Agreement or on the website, neither Jesse nor any other representative(s) will be liable for damages arising out of or in connection with the use of all services and/or products. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We assumes no liability for any injury sustained by client, or any of client’s employees, and/or any employees of client’s company, family, friends or other representatives either during Skype services or In-Studio services purchased by client. Indemnification: Client agrees to indemnify and hold harmless us of and from all claims or liabilities asserted against Jesse in connection with the sale, delivery, resale or use of any service or product covered by or furnished under this Agreement arising in whole or in part out of or by reason of the failure of your agents, employees or customers to follow instructions, warnings or recommendations furnished by Jesse in connection with such product, or by reason of client’s negligence, agents, employees or customers or by any person of any infringement of, or violation of, any trade name, trade mark, or other intellectual property. Entire Agreement: This Agreement constitutes the entire Agreement of sale and purchase of the services and/or products named herein. No modifications of this Agreement shall be binding upon Jesse unless in writing and signed by an authorized representative of Jesse and no modifications shall be effected by Jesse’s acknowledgment or acceptance of your order containing a different provision. Trade usage, course of performance, or course of delay, shall be neither applicable nor relevant to this Agreement, nor be used in any manner whatsoever to explain, qualify or supplement any of the provisions hereof.
Jurisdiction: Client agrees that any disputes pertaining to this Agreement will be handled according to the law of the State of Tennessee, USA.
TAXES
Taxes on Products (All states except Tennessee): Liability for all taxes and import or export duties, imposed by any city, state, federal or other governmental authority, shall be assumed and paid by client. Client further agrees to indemnify us against any and all liabilities for such taxes, penalties, and interest and duties and legal fees or costs incurred by Jesse in connection therewith.
Taxes on Products (Tennessee): We are obligated to charge, collect and remit sales tax to the state.
Exclusion from sales tax on products: If the product you are purchasing is for resale and you desire to be exempted from paying sales tax, you agree to submit a valid Tax Exemption form (Resale Certificate) to us. The Tax Exemption form (Resale Certificate) will need to be emailed to us at: jenn@jldavidtalent.com
PLACING AN ORDER
Payment: Payment for purchases shall be made to Jesse when the order is placed. Payment by a major credit card must be made prior to Jesse’s processing client’s purchase. Acceptable forms of payment are VISA, MasterCard, Discover and American Express. (International clients may use PayPal for payment and will be asked to agree to the terms of this Agreement via email.)
Cancellation: Client may cancel your purchase with us at any time; however, no refund will be given.
DELIVERY PLEASE CHECK YOUR PRODUCTS CAREFULLY BEFORE SIGNING FOR THEM. Your signed receipt for shipment acknowledges that the product is in good condition and is an acceptance of the product in good condition and without error and constitutes delivery of – and your acceptance of – the product and relieves us of further obligation. Client accepts full responsibility for a shipping error once the client has accepted the product. Product Shipment: Products will be shipped by ground carrier and/or downloaded electronically. Upon your acceptance of the material covered hereunder from carrier, you assume the risk of all loss thereof or damage thereto resulting from any cause whatsoever. When dealing with ground carriers, require the carrier agent to note any shortage or damage on the freight bill or other delivery papers. If this is done, no difficulty should be experienced in collecting legitimate claims. If you give the carrier agent a clear receipt for damaged goods or short shipments, you assume responsibility for damage or loss. We are willing at all times to assist you with collections of claims, but we do not assume responsibility for damage, loss or shortage.
Product Shipping Dates: Shipping dates are approximate and are not guaranteed. We shall not be liable for delays in delivery or failure to deliver due to causes beyond its reasonable control, including but not limited to: acts of God, acts of client, fire, strikes, flood, riot, war, delays in transportation or circumstances beyond our control. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of such delay. If delivery becomes unreasonable or mutually difficult, we shall have the right to cancel the Agreement without further liability to client and to credit client’s credit card with the amount that was debited when client purchased the product.
MERCHANDISE RETURNS
No product may be returned after client has accepted delivery of the product from the shipping carrier. This is for your protection as well as ours. We will normally accept the return of any defective product found by client and/or a representative of client. At our own discretion, we will determine if the product is defective. Product may not be returned for any other reason.
HANDLING COMPLAINTS AND PROBLEMS
We make every effort to satisfy our clients. If a complaint and/or problem arise, e-mail: jenn@jldavidtalent.com . We will do our best to see to it that you are satisfied. Thank you for this opportunity to do business with you!
By clicking the “Place Order” button, you agree to the terms and conditions of this Agreement