OUR REALITY IS OUR ART.
Updated April 2, 2022
THESE A&R CONSULTANCY TERMS OF SERVICE (hereinafter “Terms of Service” and the “Agreement”) are provided by AvrConsultancy™ (pronounced “Our Consultancy”, hereinafter referred to as “Company”), a division of AVRIALITY™ (pronounced “Our Reality”). This Agreement is a legal document between Client and Company that describes the consultancy relationship being entered into. This Agreement covers the Client’s responsibilities as a consultee and Company’s responsibilities as Client’s personal A&R Consultant.
IDENTIFICATIONS — The parties referred to herein are identified as follows:
a) Company, Us, We: As described above, we are referred to as “AvrConsultancy™” or “Company”. Us, we, our, ours and other first-person pronouns also refer to Company.
b) You, the Consultee, identified via your emailing to us and/or your submission of scheduling form to us, is referred to herein as “Client.” You are also referred to throughout this Agreement with second-person pronouns such as: you, your, or yours.
The parties herein (Company and You) are collectively referred to as “Parties” and individually as “Party.”
1.1 AvrConsultancy™ (pronounced “Our Consultancy”), a division of AVRIALITY™ (pronounced “Our Reality”), offers single Individual Consultations (with no further purchase necessary), and/or the option of enrolling in Program Bundles each comprising 10 monthly A&R Consultations/Masterclasses (meetings) for a period of 1, 3 or 6 months per Contract Term depending on the chosen Bundle, with the aim to potentially assist you in developing your creative music skills and in making progress in the music business as a career.
1.2 Our A&R Consultancy services comprise two main components:
18.104.22.168 With your consent on a case-by-case basis, we may pitch, forward or attempt to place on your behalf the music and/or project(s) you send us, to/with key players (e.g. Directors of A&R and other A&Rs) at record labels, publishers, potential creative collaborators (songwriters, producers, DJs, mixing engineers) or other industry professionals (e.g. marketing professionals, designers, influencers, music attorneys, managers, agents, etc.) whom we feel may help you make strides in your music career.
22.214.171.124 IMPORTANT NOTES ON FORWARDING/PITCHING::
5.1 At any time during (and/or after completing), you may at your option schedule one or more “Add-On Appointment(s)” — also known as “Add-On Consultation(s)” — as an addition to any given month of active service, at a reduced rate (versus the price of Individual Consultation[s]) per such additional Add-On Appointment, as per our custom price quote (sent to you via email).
5.2 Such Add-On Appointment(s) may be purchased individually, and with no time commitment whatsoever and no further purchase necessary or required.
6.1.1 Individual Consultation(s): 1 (one) one-time payment, as per our custom price quote (sent to you via email), for each single session; or
126.96.36.199 1-Month “SILVER BUNDLE” Program: 1 (one) payment, at a reduced rate per consultation (versus the price of Individual Consultation[s]), as per our custom price quote (sent to you via email); or
188.8.131.52 3-Month “GOLD BUNDLE” Program: 3 (three) monthly and successive payments, at a further reduced rate per consultation (versus our Silver Bundle), as per our custom price quote (sent to you via email); or
184.108.40.206 6-Month “PLATINUM BUNDLE” Program: 6 (six) monthly and successive payments, at an even further reduced rate per consultation (versus our Gold Bundle), as per our custom price quote (sent to you via email).
220.127.116.11 1-Month “SILVER BUNDLE (LITE)” Program: 1 (one) payment, at half the price of our Silver Bundle, as per our custom price quote (sent to you via email); or
18.104.22.168 3-Month “GOLD BUNDLE (LITE)” Program: 3 (three) monthly and successive payments, at half the price of our Gold Bundle, as per our custom price quote (sent to you via email); or
22.214.171.124 6-Month “PLATINUM BUNDLE (LITE)” Program: 6 (six) monthly and successive payments, at half the price of our Platinum Bundle, as per our custom price quote (sent to you via email).
6.1.3 Add-On Consultation(s): Additional consultations not included in your respective program may be added at a discount (versus the price of Individual Consultation[s]), at our sole and exclusive discretion, as per our custom price quote (sent to you via email) for such add-on consultations (eligible for current Bundle Program customers only — for more info, please see Section 5.3 Limitations).
9.2.1 Mutual and written agreement;
9.2.2 Early Termination Fee (ETF): Early termination (prior to end of Term) exclusively by you, in which event you will be subject to an Early Termination Fee, the product of which is to be calculated as follows: 50% of the value of each remaining consultation — as per our custom price quote (sent to you via email) — multiplied by the number of remaining Consultations.
9.2.3 Termination exclusively by us, at any time, with or without cause and at our exclusive discretion, with no penalties to us — upon written notice to you via email, subject line “AvrConsultancy™ Termination Notice”. In such an event, you will be reimbursed in full for the value of your remaining consultations that have been pre-paid by you, and no more or less. (Note: Any completed pre-paid consultations shall not be reimbursed.)
11.1 You (and any of your representatives, employees associated with you and those represented by you) shall act in the best interests of Company in regards to confidential information and intellectual property at all times. This includes refraining from disclosing, displaying, sharing, forwarding, lending, or publishing to any third parties any information deemed confidential.
11.2 “Confidential information” means any information transmitted by text (email, social media messaging/posts, SMS text messages, VoIP, telephone, attachments, documents, etc.), screen sharing (e.g. AnyDesk) or orally, or otherwise, whether or not of a technical nature, depending on the performance of the activities inherent in this Agreement, whether or not they contain the word “CONFIDENTIAL”, including: financial data, general data, business strategies, business models, unique business practices, projects, plans, specifications in general, any information held by intellectual property laws (including but not limited to: copyright, trademarks, patents); clients, names, numbers, phone numbers, email addresses, home and work addresses, prices and costs, any unique or non-public information, techniques, terminology or methodologies owned or used by Company (or associates, partners, clients or colleagues of Company), any professional or personal communications between Company (or Company’s associates, partners, clients or colleagues) and you, the contents of this agreement, including any attachments/addendums thereto, and any information specifically requested by Company to remain confidential and/or any information not cleared to be shared by Company’s co-founders.
11.3 Specifically, you understand that — unless otherwise stated in writing by us, on a case-by-case basis only — you are never permitted to screenshot, record audio or otherwise copy or repeat any information you see or hear during live consultation calls, group classes, screen sharing sessions, text or email in communication with any of our staff, clients or associates.
11.4 Furthermore, by engaging in our services, you explicitly agree not to re-use any portion of our unique methodology for the same or similar business purposes to the way in which we use it (e.g. for books, websites, services for musicians, etc.), without our express written permission to license you to do so.
11.5 You will be entirely obliged to adhere to the stipulations and obligations contained in this section except in such event(s) where: the disclosure of confidential information is expressly authorized in writing by Company; disclosure of confidential information is required by competent court order, whereas the lack of disclosure may be characterized as civil disobedience or other penalty (in the latter case, the material and / or information to be disclosed shall be subject to all applicable governmental or judicial protection, and you must be required to notify Company in advance of such disclosure, and such disclosure must be limited exclusively to that which is required by law).
11.6 You hereby undertake to use the confidential information disclosed by Company solely for the purposes of this Agreement, while maintaining strict confidentiality about such information.
11.7 You undertake not to make any copy of confidential information without the express prior consent of Company.
11.8 The obligation of confidentiality set forth herein is valid for the term of this Agreement and extends indefinitely after termination in any form and for any reason under this Agreement.
11.9 In the event of your failure to comply with the obligations inherent to the terms of confidentiality set forth in this section, we shall hold the right to immediately take any and all legal (court: in a location of our choosing) or extrajudicial actions against you, including our legal right to initiate dispute resolution measures as set forth in Section 24, in order to provide a fair and due indemnity to us for default in proportion to the damages caused. You will also be responsible for the payment of expenses incurred from such actions, including any and all attorney’s fees, in the event of a legal finding in favor of us as a result of such dispute resolution measure(s).
12.1 We may need to interrupt your access to the AvrConsultancy™ Program to solve emergencies (or any other non-emergencies specified by us) on a scheduled or unscheduled basis. You agree that any scheduled appointments may be affected by unanticipated or unscheduled downtime, for any reason, and that we shall have no liability for any damage or loss caused as a result of such downtime, other than those conditions specified under Section 9.4 (Suspensions).
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