Terms of Service

Welcome to HEATHERVOX!

I am so excited about the opportunity to help you unleash your powerful voice! When you work with me, you must agree to my terms of service – which is a legal agreement – and is what you see below (“Terms” or “Agreement”). These details are a part of what will make our working relationship successful and let you know what is covered and what is not covered. 

Please review the Terms below carefully as these terms, as amended over time, will apply to every session you book and all of the services HEATHERVOX offers and provides.

Services

Heather Pierce Musco (dba “HEATHERVOX”) provides vocal coach, vocal producer, consulting/creative strategy, personal development and related services and products (“Services”). When these Terms refer to “you,” that term means collectively the person using the Services and any person paying for them if that is a different person. My current scheduling and cancellation policies are on my website and you will review and comply with them. In agreeing to these Terms, you will pay my then current rate, unless we agree otherwise in writing. Rates, terms and availability are subject to change at any time.

Once you schedule a session, which may be an individual session(s) with me, a workshop, or any other type of service offered (“Sessions”), HEATHERVOX will send you an invoice which must be paid prior to the scheduled Session. You will pay for scheduled Sessions in full (including all applicable sales and other taxes or fees) by providing a valid credit card or any other payment method that HEATHERVOX may make available. HEATHERVOX may cancel your attendance at any Session for which payment is not received at least 48 hours in advance (unless a different payment period is otherwise stated in writing by HEATHERVOX).

HEATHERVOX has a 48-hour cancellation policy (unless stated otherwise in writing for any given Session). If you need to cancel or re-schedule any Session, you must do so 48-hours (or other applicable period) in advance. If you do not, then you will be charged for such Session. There will be no refunds for missed Sessions. Also, if HEATHERVOX needs to cancel or reschedule any Session, notice will be provided with as much advance notice as is feasible.

For each Session, please arrive on-time, as extra time will not be added if you arrive late.   

For Sessions scheduled online, you will be responsible for ensuring you have everything you need to participate in the Session, including without limitation adequate computer/hardware, software and an Internet connection.  

Your Team of Providers

When participating in Sessions, at times, issues can come up for people who are practicing and/or performing on either a regular or non-regular basis. Upon both your request and HEATHERVOX’s written agreement (i.e. email is acceptable), HEATHERVOX may work with other persons that you are working with, including without limitation other music-related service providers, ENTs and/or speech therapists. Please note however, in providing the Services, HEATHERVOX may provide feedback which will be given within and limited to that context (i.e. not in a medical context). You are and will continue to remain responsible for any other person or entity that you choose to work with, whether that is with regard to your health, your personal well-being, your performance ability and/or any other aspect of your life. 

When working with your other providers, you hereby authorize HEATHERVOX to share any information about you that she may have.    

Referrals to Other Information

HEATHERVOX may provide you with information from other sources, whether via verbally, email, website, printed materials or otherwise, and when doing so, HEATHERVOX makes no warranties as to accuracy, reliability and/or quality for such information. As between you and HEATHERVOX, you will be solely responsible for your engagement in any manner whatsoever with such information/products.

Recording Sessions

Unless stated otherwise, Sessions that are recorded digitally and that HEATHERVOX agrees to make available to you may be provided to you via a third-party hosting site (i.e. DropBox). You hereby expressly grant HEATHERVOX the right to make audio and video recordings of Sessions and your participation in such, and such right includes without limitation the right to record, store, make copies of, make derivative works of, use, distribute and exploit such recordings (“Recordings”). HEATHERVOX authorizes you to use Recordings she makes available to you solely for your personal, noncommercial use. You will not share any Recordings from the Sessions, in whole or part, with any third parties, including and not limited to posting them on social media or in any manner whatsoever. If you wish to use any Recording other than for your personal, noncommercial use, then you can request authorization in writing from HEATHERVOX, and she may withhold her consent in her sole discretion for any reason or no reason. HEATHERVOX disclaims any responsibility or liability with respect to your use of the Recordings.

And for clarity, you will not reproduce, duplicate, copy, sell, resell or exploit any aspect of the Services, including without limitation the Recordings, in whole or part, without express written permission by HEATHERVOX.

Disclaimer of Warranty

You expressly agree that your use of, or inability to use, the Services, including the recordings, is at your sole risk.

HEATHERVOX does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the ServiceS will be corrected. HEATHERVOX does not guarantee, represent or warrant that any recordings in whole or part will be uninterrupted, timely, secure or error-free.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEATHERVOX DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS FOR THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WITH RESPECT TO THE SERVICE, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. IF YOU ARE DISSATISFIED OR HARMED BY THE SERVICE OR ANYTHING RELATED TO THE SERVICE, YOU MAY CEASE PARTICIPATING IN SESSIONS, AND THIS WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEATHERVOX DISCLAIMS AND IN NO EVENT WILL BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO EITHER THE SERVICES OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF HEATHERVOX IN ANY WAY RELATED TO THE SERVICES AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING WILL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED $250.00. THIS LIMITATION WILL NOT LIMIT YOUR RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE FEES RELATED TO THE SERVICES.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE; (B) REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, HEATHERVOX KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. HEATHERVOX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Nondisparagement

Sometimes differences of opinions or other differences may arise when people work together on personal projects, like voice services and/or personal development. While that is not likely with the Services, in the extremely unlikely circumstance you are not happy with any of the Services, including any Session(s), then you will notify HEATHERVOX (by phone or email) so that your concerns may be addressed. Also, you will not engage in any conduct or communications with a third party, public or private, designed to disparage HEATHERVOX, which includes without limitation, not remarking, commenting, messaging, or in any way whatsoever communicating or making any statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous or slander.

Additional Terms

These Terms will apply when you subscribe to and for the duration of any such Services. Any options, rights and covenants contained herein that are intended to survive will survive the expiration/termination of these Terms.

Privacy Statement

Any personal information that may be collected through the Service is governed by the Privacy Statement on the HEATHERVOX website.

Use of your Name

You hereby authorize HEATHERVOX to use your name, image and any likeness of you on the HEATHERVOX website and/or for any advertising and/or promotional purposes related to HEATHERVOX services.   

Miscellaneous

Neither party will have the authority or power to bind the other Party or to contract in the name of or create a liability against the other party in any way or for any purpose. You will not assign these Terms or any rights or obligations hereunder, directly or indirectly, by operation of law, or otherwise, without our prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. These Terms are the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected and these Terms supersede all prior proposals, understandings, and agreements, whether oral or written, between the parties. These Terms does not create any third party beneficiary rights. No waiver or modification of these Terms will be valid unless in writing signed by each party. The waiver of a breach of any term hereof will in no way be construed as a waiver of any term or other breach hereof. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law the remaining provisions of these Terms will remain in full force and effect.

Amendments to these Terms

HEATHERVOX reserves the right to modify, supplement or replace these Terms, in whole or part, and you agree to comply with such changes which will be effective upon notice to you. For clarity, the updated version will supersede all prior versions.  

Governing Law

These Terms, and all disputes arising out of or related thereto, will be governed by and construed under the laws of the State of California without reference to conflict of laws principles. Each party consents to the personal and exclusive jurisdiction and venue of state and federal courts located in San Francisco County, California. Any action or proceeding by you relating to any dispute related to these Terms must commence within one year after the cause of action accrues.

Force Majeure

Except for payments due by you, neither of us will be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), national emergencies, catastrophe, sabotage, riots or wars, embargo, epidemics, viruses, strikes work stoppages or other labor difficulties, disruption of utility or transmission failures, disruption of power or other essential services, interruption or termination of service (including, hosting services) by any service providers being used by Licensor, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the non-performing party ("Force Majeure Event"). 

Notices

YOU CONSENT TO TRANSACT ELECTRONICALLY WITH US AND WE MAY PROVIDE NOTICES BY EMAIL. Receipt of any such notice is the day that the notice is sent by HEATHERVOX.

You will provide notice to us at the following address: heather at heathervox.com.

Last Updated: March 3, 2022