TERMS OF SERVICE

YourBestAudition offers online Consultations exclusively by T.O. Sterrett, a professional musician who has worked on Broadway for nearly three decades and specializes in helping people improve their experience with musical theatre auditioning.

1. Terms of Service

   These Terms of Service constitute the Agreement between you and YourBestAudition:

   A “Consultation” is an opportunity for you to get advice about auditioning from T.O. Sterrett (doing business as “YourBestAudition”).

   During the Consultation YourBestAudition may:

   1. Discuss your Audition Book;
   2. Evaluate a video of you singing;
   3. Evaluate your Picture/Resume; and/or
   4. Discuss your musical theatre Career Planning.

      Consultations are only available for persons who are 18 years of age or older.

      Consultations are only available as a 30-minute time slot. For the purposes of this Agreement, a Consultation is not a voice lesson, although vocal performance and technique may be discussed.

      The Fee for a Consultation is $45 (forty-five U.S. dollars).

      NOTE: YourBestAudition does not guarantee you any particular outcomes with your auditions and cannot give you access to any particular auditions.

2. Process

YourBestAudition offers online Consultations via Skype, which is software that enables video chats and voice calls. You may download the Skype program here. You must provide YourBestAudition with your Skype account name before the Consultation can take place. YourBestAudition recommends that during a Consultation you wear earbuds with a built-in microphone, or a headset that has a built-in microphone.

YourBestAudition encourages you to do a little bit of homework before a Consultation! We both want the Consultation to be fantastic and productive, so in advance of your Consultation it will be very helpful for you to put together and send to YourBestAudition@gmail.com an email with the following:

1. Your Skype account name (this is required).
2. A list of the songs that are in your Audition Book. (Your Audition Book is your binder of audition songs you’ve learned.) This list should include the Title and the Source (the Source is the show or movie the song is from, or, if it is a popular song, then the artist who performed it).
3. If you’d like a professional evaluation of your Picture/Resume during a Consultation, your email should include a copy of the Picture/Resume; and,
4. If you would like the Consultation to include a professional evaluation of a video of you singing, be sure to include in your email a link to the video. (IMPORTANT: when you request a professional evaluation of a video of you singing, be aware that YourBestAudition will watch the video for the first time during the Consultation and this will take up some of your time.)

After you have sent the email described above, there are 2 more steps you must take before the Consultation:

1. You must schedule a time slot for a Consultation at least twelve (12) hours before the Consultation will take place.

2. You must pay the $45 fee for your upcoming Consultation.

   The available time slots for Consultations are chosen exclusively by YourBestAudition on a basis that only YourBestAudition shall determine.

3. Responsibilities

   You are solely responsible for having a quality high-speed broadband internet connection and audio & video capability on your Device (such as a smart phone, tablet, laptop, etc.). YourBestAudition bears no responsibility whatsoever for providing you with, or helping you obtain, Skype, quality high-speed broadband internet, a properly working Device capable of delivering usable audio & video content, or any other software or hardware needed for you to have a Consultation.

   YourBestAudition also bears no responsibility for helping you manage or trouble-shoot Skype, your internet connection, your Device, or any other software or hardware.

   You are responsible for ensuring that no computer virus, malware, or any other intrusive or hostile software is downloaded into your Device when you download Skype or use Skype and during any communication whatsoever with YourBestAudition.

   You are responsible for any and all user or other fees you may incur as a result of downloading and using Skype, sending and using emails, and any other use of your internet connection and your Device.

   YourBestAudition will make reasonable efforts to open a file containing your Picture/Resume or to open a link you provide that will direct YourBestAudition to a video of you singing. You are responsible for ensuring that any link or file you send to YourBestAudition does not contain or link to any computer virus, malware, or any other intrusive or hostile software, and you are liable to YourBestAudition for any and all damages YourBestAudition incurs if you breach this obligation.

   YourBestAudition will delete any information or files you send to YourBestAudition within two weeks of the date of your last scheduled consultation.

4. Payments, Cancellations, Rescheduling

   Any and all payments for a Consultation are Non-Refundable. There are no refunds for any reason, stated or implied. If you cancel a Consultation with less than 48-hours’ notice you shall forfeit the fee you paid. But if you cancel a Consultation with more than 48-hours’ notice, you may reschedule another time slot within three (3) weeks of the original Consultation at no additional charge. If you do not reschedule the Consultation within three (3) weeks from the date of the original Consultation, you shall forfeit the fee paid. Please note that rescheduling another time slot is based solely on YourBestAudition’s availability.

   In the event that YourBestAudition cancels the Consultation, you may reschedule the Consultation within three (3) weeks of the original time slot.

   YourBestAudition will work with you to accommodate your schedule to the extent practicable.

5. Additional Terms and Understandings

Industry Standard. YourBestAudition’s sole obligation to you in the course

of a Consultation is to provide you with advice consistent with industry standards.

Sole Remedy. In the event YourBestAudition breaches this obligation, your expressly agree that your exclusive remedy against YourBestAudition is for YourBestAudition to provide a single additional Consultation.

Indemnification. By entering into this Agreement, you expressly agree that YourBestAudition bears no other liability to you whatsoever, and you shall indemnify and hold YourBestAudition and its agents and assigns harmless against any losses, damages, causes of actions and claims of any nature whatsoever arising from or relating to any such other purported liability or to any breach by you of this Agreement.

No Partnership. It is expressly understood that the parties hereto do not form, nor shall this Agreement be construed to constitute, a partnership between them.

Florida Law; Forum Selection. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, applicable to agreements entered into and to be wholly performed therein. Any legal suit, action or proceeding relating to this Agreement must be instituted in the courts located in Alachua County, Florida, United States of America. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

Entire Agreement. This Agreement constitutes the entire Agreement between the parties regarding its subject matter and cannot be modified, amended or waived except in a writing signed by the parties hereto.

Severability. Each provision of this Agreement shall be severable. If any provision is determined by any court to be invalid, illegal or unenforceable, the validity of the remaining provisions shall not be affected thereby.

Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ heirs, executors, administrators, legal representatives, successors and assigns.