Terms & Conditions

Musical Theatre Accelerator

College Road Mapping for Music and Theatre includes the following:
  •  20 Days of Video Tutorials

  • Every template, worksheet + tool you need

    • College resumes
    • Music / Performance resumes
    • Self-tape and zoom tech
    • Audition repertoire building
    • Portfolio examples
    • College research databases
    • The college visit checklist
  • Discussion prompts for your family
  • Private Consultation with Omega Educational Consulting
  • Bonus workshop with Music Career Mastermind

 

1. Fees 

In consideration for the services provided by Company, Participant agrees to pay (check one):

Pay in Full – [$299] Payment in full due to receive access to College Road Mapping for Music and Theatre. All payments are non-refundable. 

2. Duty of Company 

Company agrees to perform its services as the Mastermind leader to the best of its ability through the duration of the Mastermind program. In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, closing of its business, or other personal emergencies , it will:

Immediately give Notice to Participant;
Attempt to find another competent professional to take its place with the mutual agreement of Participant;
If another competent professional is not available or Participant does not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
Excuse Participant of any further performance and/or payment obligations in this Agreement.

3. Bonuses

Company may offer bonuses for paying in full/early bird pricing for purchasing the program. Specific bonuses are only guaranteed at the exact time when Participant purchases. Company reserves the right to change or alter bonuses and promotions throughout the purchase process in its sole discretion, whereby participants may receive differing bonuses upon purchase. 

4. Communication

Company is generally available to provide services during normal business hours: Monday – Friday 10am – 5pm EST, excluding holidays. Company WILL ONLY answer communication through email at [email protected]. Company will respond to Participant’s questions on the platform within [3 days] during business hours. Company WILL NOT answer direct messages on social media from Participant.

5. Service Location

Both Parties agree and understand that the program and additional services to be provided under this Agreement shall be performed virtually.

6. Confidentiality

Participant shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation the Company’s coaching materials, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its course and coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Participant further agrees to not disclose to any third party any details regarding the business of any other participant in the Mastermind. Participant agrees that the Mastermind group is a safe space for all participants to share personal and business struggles, strengths and weaknesses, wins, etc. and Participant agrees to keep all things learned from other participants strictly confidential within the Mastermind group.

7. No Guarantees

Company does not make any guarantees as to the results, including financial or other gains, of any services provided throughout the program. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Participant agrees to take responsibility for Participant’s own results.

8. Release & Reasonable Expectations

Participant has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the program will produce different outcomes and results for each Participant. Participant understands and agrees that:

Every Participant and final result is different.
Coaching and/or consulting is a subjective service and Company may give different information to each Participant depending on his/her needs and business needs.
Participant depending on his/her needs at that time.

9. DISCLAIMER

Participant agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. 

10. Waiver of Liability

Participant voluntarily signs this waiver in consideration for the [College Road Mapping for Music and Theatre] Mastermind indicated above. Having read and signed this waiver, Participant acknowledges that for himself/herself, Participant’s heirs, executors, administrators, representatives, or anyone else who might claim on Participant’s behalf, hereby waives, releases and discharges Company and its officers and directors, staff, employees, agents and volunteers from and against any blame and liability for any injury, harm, loss, inconvenience, or any other damage of any kind whatsoever, which may result from or be connected in any way to Participant’s participating in the Mastermind and Participant agrees to hold them harmless from any such claim(s). Participant is aware that by signing this, Participant is waiving certain legal rights, including the right to sue Company or its officers and directors, staff, employees, agents and volunteers.

11. Non-Disparagement

The Parties agree that, at all times during this Agreement, they shall use reasonable and good faith efforts to ensure that neither party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of other party. The Parties further agree to do nothing that would damage the others business reputation or good will; provided, however, that nothing in this Agreement shall prohibit either party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.

12. Maximum Damages

Participant agrees that the maximum amount of damages he/she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Company or promised to be paid to Company for participation in this Mastermind.

13. Limitation of Liability

In no event shall Company be liable under this Agreement to Participant or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Participant was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

14. Indemnification

Participant agrees to indemnify and hold harmless Company, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the services provided in this Agreement, including all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to Participant’s participation in services and any related activities, including by not limited to riding in cars with Company employees, contractors, subcontractors, or other Mastermind participants.

15. Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure

events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [30] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [30 ] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

In the event of termination due to a Force Majeure Event, any and all payments made by Participant up to the date of Notice of a Force Majeure Event are non-refundable. Furthermore, a Force Majeure Event may delay performance of payment by Participant, but Participant is still required to complete all remaining payments after the Force Majeure Event ends. If a Force Majeure Event severely impacts the Mastermind program or ability of Company to provide its services, Company will offer alternative forms of coaching that are equivalent to the services intended under this Agreement in Company’s sole discretion.

16. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Participant and remitted by Company. All sales tax will be included on invoices.

17. Assignability and Parties of Interest

Participant shall not assign, sub-contract, substitute, or hire any third party to take the place of Participant in performance of this Agreement.

18. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between Participant and Company, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

19. Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in [county, state]. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

20. Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in [county, state], unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

21. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

22. Transfer

This Agreement cannot be transferred or assigned to any third party by either the Company or Participant without written consent of both Parties.

23. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement