Golden Classical Music Competition Terms of Service
We acknowledge that unforeseen circumstances may occasionally arise, potentially affecting your participation or necessitating changes to your accompaniment requests. However, to ensure fairness, consistency, and efficiency for all parties involved, the following terms and conditions are legally binding and will be strictly enforced without exception. By engaging the accompanist’s services or participating in the competition, you expressly agree to these terms in full, including all fees, deadlines, and conditions outlined herein. Failure to adhere to these policies may result in termination of services without refund or further recourse.
Executive Summary of Terms of Service
The following Terms of Service (TOS) outline the legally binding obligations, policies, and conditions for participants engaging the services of the official accompanist for the Golden Classical Music Competition. By booking the accompanist, submitting payment, or participating in any related rehearsals or performances, you expressly agree to these terms in full. Non-compliance with these terms may result in immediate termination of services without refund or further recourse. Below is a summary of the key terms:
Non-Refundable Booking Fee:
A $150 booking fee is required at the time of booking and is strictly non-refundable under any circumstances, including participant withdrawal, event cancellation, or unforeseen emergencies. The booking fee secures the accompanist’s services and applies toward the total cost of accompaniment. Failure to pay this fee within 48 hours of notification will void the booking.Cancellation Policy:
Written notice is required for cancellations. Refunds for cancellations are limited to amounts paid beyond the $150 booking fee and are only available if cancellations are made more than 14 days prior to the event. No refunds will be granted for cancellations made within 14 days of the event or for missed rehearsals and performances.Changes to Submitted Pieces:
Participants must submit their final piece(s) at the time of booking. Any requests to change submitted pieces will incur a $130 change fee and must be made no later than 6 weeks before the performance date. Changes requested after this deadline will not be accepted.Late Requests:
Requests for accompaniment services after the official deadline are subject to approval and a minimum late fee of $250. These fees are non-refundable, and late requests will not be accepted within 14 days of the performance date.Rehearsal Scheduling:
Rehearsals must be scheduled at least 8 weeks in advance. Rescheduling requests require at least 14 days’ written notice and are subject to the accompanist’s availability. Missed rehearsals, late arrivals, or unpreparedness will result in forfeiture of rehearsal time without refund.Behavior and Professionalism:
Participants must maintain respectful and professional conduct at all times. Abusive, disruptive, or unprofessional behavior will result in immediate termination of services without refund.Audio/Video Recording:
Unauthorized recording, reproduction, or distribution of the accompanist’s performances is strictly prohibited. Written consent is required for any personal or non-commercial recordings.Force Majeure:
Extraordinary events beyond reasonable control (e.g., natural disasters, pandemics, or government actions) will be evaluated at the accompanist’s sole discretion. While rescheduling may be considered, the $150 booking fee remains non-refundable.Legal Jurisdiction:
This agreement is governed by the laws of the State of New York. Any disputes will be resolved exclusively through arbitration in New York County, in accordance with the American Arbitration Association’s rules.Binding Agreement:
By engaging the accompanist’s services, participants affirm that they have read, understood, and agreed to all terms. Payment of the booking fee, submission of requests, or participation constitutes full acceptance of these terms.
This summary is provided for convenience. Participants are responsible for thoroughly reviewing the full Terms of Service. Claims of misunderstanding or ignorance will not absolve participants from their obligations under this agreement.
1. Definitions
For clarity, the following terms shall have the meanings ascribed to them herein:
Accompanist: The independent contractor providing piano accompaniment services for the Golden Classical Music Competition.
Participant: The individual engaging the services of the accompanist for competition purposes.
Booking Fee: A non-refundable payment required to secure the accompanist's services.
Event: The Golden Classical Music Competition and any related rehearsals or performances.
Force Majeure: Extraordinary events or circumstances beyond the reasonable control of either party, including but not limited to natural disasters, government actions, pandemics, strikes, or other unforeseen events.
Agreement: These terms and conditions, which constitute the full, binding contract between the participant and the accompanist.
2. Role of the Accompanist
Independent Contractor: The accompanist is an independent contractor providing piano accompaniment services for the Golden Classical Music Competition. The accompanist is not responsible for organizing or managing any aspect of the competition, including scheduling, venue arrangements, participant registration, or adjudication.
Official Accompanist Designation: As the official accompanist for the Golden Classical Music Competition, the accompanist has been designated to provide accompaniment services for registered participants. This designation does not confer authority or responsibility for the competition’s operations, scheduling, or decisions.
3. Cancellation Policy
Non-Refundable Booking Fee:
A $150 booking fee is required at the time of booking to secure the accompanist’s services. This booking fee is strictly non-refundable under all circumstances, including but not limited to participant withdrawal, event cancellation, or any unforeseen personal or professional issues.
The booking fee applies toward the total cost of your accompaniment services but will not be reimbursed if the participant cancels, fails to attend, or otherwise withdraws from the competition.
Bookings are considered provisional until the booking fee is paid in full. If payment is not received within 48 hours of notification, the booking will be automatically voided without further notice.
Cancellations by the Participant:
Participants who cancel their booking must provide written notice via email or formal letter. Verbal cancellations will not be accepted under any circumstances.
The cancellation notice will be considered received based on the date and time the accompanist or competition organizer receives the written notification. Participants are advised to retain confirmation of receipt for their records.
Reimbursement of Remaining Balance:
If the participant has paid the full fee (inclusive of the $150 booking fee) and subsequently cancels, only the amount paid in excess of the $150 booking fee will be eligible for reimbursement.
No refunds will be provided for cancellations made less than 14 days prior to the scheduled performance, regardless of the circumstances.
Strict No-Refund Policy on the Booking Fee:
The $150 booking fee is explicitly non-refundable under all circumstances. This policy is final and not subject to negotiation or appeal.
Event-Related Cancellations:
If the competition or event is canceled, postponed, or otherwise modified by the organizers, the $150 booking fee will not be refunded. Participants remain responsible for any fees incurred for accompaniment services rendered, including rehearsals.
Force Majeure:
In the event of force majeure (e.g., natural disasters, government restrictions, pandemics, illness, or other extraordinary events beyond the reasonable control of either party), the cancellation policy will be reviewed at the accompanist’s sole discretion. However, the $150 booking fee will not be refunded under any circumstances.
Participants must provide verifiable documentation (e.g., a medical certificate, government-issued statement) within 5 business days of the force majeure event to request any modification to the policy.
Any decisions to waive additional fees or reschedule services are at the sole discretion of the accompanist.
Missed Performances or Rehearsals:
Participants who fail to attend a scheduled performance or rehearsal for any reason will forfeit all fees paid, including the $150 booking fee. No refunds or rescheduling will be provided for missed appointments.
4. Change Request Policy
Mandatory Piece Submission:
Submission at Booking: Participants are required to submit their selected piece(s) in their final form at the time of booking. This submission is a binding agreement between the participant and the accompanist for the preparation and performance of the specified piece(s).
Failure to Submit: If a participant fails to submit the piece(s) at the time of booking, the accompanist reserves the right to cancel the booking without refund of the $150 non-refundable booking fee.
Commitment to Prepared Piece:
Once a piece has been submitted and confirmed, the accompanist is contractually obligated to prepare and perform the specified piece. This ensures the highest quality of preparation and performance for all participants.
Participants acknowledge that changes to the selected piece after submission may disrupt the preparation process and the accompanist's schedule, resulting in additional costs and potential delays.
Change Request Fees:
Any request to change the submitted piece after booking will incur a $130 change fee, payable immediately upon approval of the change.
The $130 fee applies universally, irrespective of the length, complexity, or preparation required for the new piece. This fee is non-refundable and is intended to cover the additional time, effort, and scheduling adjustments required.
Change Request Deadlines:
Change requests must be submitted in writing to the accompanist no later than 6 weeks prior to the scheduled performance date.
Changes requested after the 6-week deadline will not be accepted under any circumstances, as this would compromise the accompanist’s ability to deliver a high-quality performance.
Force Majeure Exemptions:
In exceptional circumstances, such as documented illness, acts of nature, or force majeure events, requests for changes may be reviewed on a case-by-case basis.
Participants must provide verifiable documentation to support such requests. Approval of change requests under these circumstances remains solely at the accompanist's discretion, and additional fees may still apply.
No Implicit Approval:
A change request is not considered approved until the accompanist provides written confirmation. Submission of a change request does not obligate the accompanist to accept the change.
Participants are advised to continue with the originally submitted piece until confirmation of the requested change is received.
5. Late Requests for Accompaniment
Deadlines for Requests:
Mandatory Deadline Compliance: All requests for piano accompaniment services must be submitted by the official deadline established by the competition organizers. Failure to submit a request by the specified deadline constitutes a forfeiture of the participant's right to engage the accompanist for that event.
Late Request Review: Requests received after the official deadline will be reviewed at the sole and absolute discretion of the accompanist and the competition organizers. Such review does not guarantee acceptance of the request, and the accompanist reserves the right to reject any late request without obligation or liability.
Non-Refundable Fees for Late Requests: If a late request is approved, it will be subject to additional fees as outlined in the Late Requests Policy. These fees must be paid in full within 24 hours of approval, and all payments for late requests are strictly non-refundable, regardless of whether the participant ultimately performs.
Higher Fees for Late Requests:
Automatic Late Fee: Requests for accompaniment services made after the designated deadline set by the competition organizers will automatically incur an additional late fee starting at $250. This late fee is non-negotiable and non-refundable and must be paid in full within 24 hours of approval of the request.
Variable Late Fee Structure: The final rate for late requests will be determined based on multiple factors, including but not limited to:
The complexity and length of the requested piece(s).
The level of preparation and rehearsal time required.
The urgency of the request and the time remaining before the scheduled performance.
Fees for Complex Pieces: Pieces requiring advanced technical preparation, extended rehearsal time, or other significant effort beyond standard accompaniment will incur elevated fees. These fees are designed to reflect the increased time, resources, and scheduling adjustments necessary to accommodate the request.
Binding and Non-Refundable Terms: By submitting a late request and agreeing to the accompanying fees, the participant acknowledges and agrees to the terms of this clause. The accompanist’s decision on the applicable fee rate is final and binding, and no portion of the late fee will be refunded, regardless of whether the performance ultimately takes place.
No Guarantee for Late Requests:
Late accompaniment requests will only be accepted if the accompanist has sufficient availability and preparation time.
No requests for accompaniment will be accepted within 14 days of the performance date under any circumstances.
Payment Terms for Late Requests:
Full Payment Requirement: All fees for late requests must be paid in full within 24 hours of receiving written approval from the accompanist. Failure to remit payment within this time frame will result in the immediate withdrawal of the accompanist's acceptance of the late request.
Non-Refundable Fees: Payments for late requests are strictly non-refundable under all circumstances, including but not limited to cancellations, participant withdrawal, or non-performance at the scheduled event. Participants acknowledge and agree that this policy is necessary due to the expedited preparation time and scheduling adjustments required for late requests.
Binding Payment Obligation: By submitting a late request and receiving written approval, the participant enters into a legally binding agreement to pay the required fees in full. Once payment is made, the participant expressly waives any right to dispute or reclaim the payment, regardless of the outcome of the performance or event.
6. Severability Clause
If any provision, clause, or part of this agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, arbitration panel, or any other authority, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this agreement.
To ensure the agreement remains functional and reflective of the parties' original intent:
Preservation of Agreement Intent:
The remaining provisions shall remain in full force and effect and continue to bind the parties as though the invalid, illegal, or unenforceable provision had never been included.
The agreement shall be interpreted and enforced in a manner that most closely aligns with the original purpose and intent of the parties, to the extent permissible under applicable law.
Replacement of Invalid Provisions:
The invalid, illegal, or unenforceable provision shall be replaced with a valid, enforceable provision that reflects the original economic, legal, and practical intent of the parties as closely as possible.
If such a replacement is not feasible, the provision will be reformed to the minimum extent necessary to make it valid and enforceable while preserving the agreement’s overall intent and balance.
Independence of Remaining Provisions:
No failure, delay, or omission in enforcing the invalid provision shall be construed as a waiver of any other provision in this agreement.
Each provision of this agreement is deemed severable, meaning it is independent and does not depend on the enforceability of other provisions.
Survival of Core Obligations:
If severing or replacing an invalid provision would substantially alter the core obligations, rights, or expectations under this agreement, the parties shall negotiate in good faith to amend the agreement. Until such amendments are made, the valid portions shall continue to govern the relationship.
By engaging the accompanist's services or participating in any related activities, the participant expressly agrees to the severability provisions and acknowledges that the enforceability of this agreement shall not be compromised by the invalidity of any specific term or condition.
7. Additional Policies
Participant Responsibility:
Accurate Contact Information:
Participants are solely responsible for providing accurate, complete, and up-to-date contact information at the time of booking, including but not limited to email addresses, phone numbers, and mailing addresses.
The accompanist and competition organizers shall not be held liable for any failure of communication, including missed notifications, reminders, or updates, caused by incorrect, outdated, or incomplete contact details provided by the participant.
Participants expressly waive any right to claim exemptions, refunds, or modifications to these terms due to failures in communication resulting from their own negligence in maintaining accurate contact information.
Acknowledgment of Terms:
By engaging the services of the accompanist, participants affirm that they have read, understood, and agreed to all terms and conditions outlined herein.
It is the participant’s responsibility to thoroughly review this document prior to booking. Claims of ignorance or misunderstanding of these terms will not absolve the participant from their obligations under this agreement.
Compliance with Deadlines and Requirements:
Participants must adhere to all deadlines and requirements as outlined by the accompanist and competition organizers, including but not limited to piece submission, payment deadlines, rehearsal scheduling, and performance preparation.
Failure to comply with any stated deadlines or requirements will result in immediate enforcement of the relevant terms, including forfeiture of fees or cancellation of services, at the sole discretion of the accompanist.
Participants acknowledge that all stated deadlines and requirements are designed to ensure high-quality services and a smooth process for all parties. Non-compliance disrupts this process and will not be tolerated.
Sheet Music Submission:
Submission Deadline: Participants are required to submit their sheet music in PDF format or provide physical copies no later than 24 hours after booking. This requirement is non-negotiable and forms a critical component of the service agreement between the participant and the accompanist. Failure to meet this deadline may result in immediate cancellation of the booking without refund of the $150 non-refundable booking fee.
Format and Quality Requirements: Sheet music must be submitted in a legible format, with all necessary annotations clearly marked, including tempo, dynamics, and any other performance instructions essential to the piece. The accompanist is not responsible for interpreting unclear or incomplete submissions.
Consequences of Non-Compliance:
Illegible or Incomplete Submissions: If the submitted sheet music is deemed illegible, improperly annotated, or incomplete, the accompanist reserves the right to charge an additional preparation fee based on the extent of required corrections or clarifications. This fee will be determined at the accompanist’s sole discretion and must be paid before any further services are rendered.
Refusal of Services: Persistent failure to provide acceptable sheet music, as determined by the accompanist, may result in a refusal of services. In such cases, all payments made will be non-refundable, including the $150 booking fee and any additional fees paid.
Submission Confirmation: Participants are responsible for ensuring that their submission has been successfully delivered to and acknowledged by the accompanist within the specified timeframe. The accompanist is not liable for delays or failures in delivery due to technical issues, incorrect email addresses, or other participant errors.
Legal Acknowledgment: By submitting their sheet music, participants affirm that they hold all necessary rights to the music and are authorized to use it for performance purposes. Participants agree to indemnify and hold harmless the accompanist from any copyright disputes or legal claims arising from the use of the submitted sheet music.
Rehearsal Scheduling:
Advance Scheduling Requirement:
All rehearsals must be scheduled at least 8 weeks in advance of the performance date. The participant is solely responsible for initiating and confirming rehearsal scheduling within this timeframe. Failure to schedule rehearsals within the specified period may result in forfeiture of rehearsal opportunities without refund or adjustment to the total fee.
Mutual Agreement and Confirmation:
A rehearsal schedule will be established by mutual agreement between the accompanist and the participant. Confirmation of the schedule must be documented in writing (e.g., via email). Verbal agreements or tentative arrangements are not considered binding.
Rescheduling and Notice Requirement:
Requests to reschedule rehearsals must be communicated to the accompanist in writing no less than 2 weeks (14 calendar days) prior to the originally scheduled rehearsal. Rescheduling is subject to the accompanist’s availability and written approval.
The accompanist reserves the right to deny rescheduling requests made within the 2-week notice period. If such a request is denied, the participant forfeits the rehearsal time without refund.
Missed Rehearsals:
Rehearsals missed without proper notice as defined above will not be rescheduled, and no refund or credit will be provided for missed time. The accompanist is under no obligation to accommodate late arrivals or extend rehearsal times beyond the originally scheduled duration.
Participant Responsibility:
Participants must arrive at rehearsals fully prepared, with all necessary materials (e.g., sheet music, notes) and any specific instructions previously communicated to the accompanist. Failure to prepare adequately for the scheduled rehearsal may result in a shortened session or cancellation at the accompanist’s discretion, without refund.
Overtime Fees:
If a rehearsal exceeds the agreed-upon duration by more than 15 minutes, an overtime fee of $50 per 15-minute increment will apply. This fee is payable immediately following the rehearsal or before the performance date, whichever occurs first.
No Implicit Obligation:
The accompanist is not obligated to accommodate additional or extended rehearsal requests beyond the agreed-upon schedule. Any additional rehearsals or changes beyond the terms outlined here must be negotiated separately and may incur additional fees.
Participant Preparedness:
Participants are required to arrive at all scheduled rehearsals and performances fully prepared. Preparedness includes, but is not limited to:
Having a thorough understanding of their musical part and being ready to perform it accurately.
Bringing all required materials, including but not limited to sheet music, instruments, and any other performance aids or documentation.
Adhering to the agreed-upon rehearsal and performance schedule, including arriving on time.
Consequences of Non-Compliance:
Shortened or Canceled Rehearsals:
The accompanist reserves the right to shorten or cancel a rehearsal session if the participant is deemed unprepared. This determination is at the sole discretion of the accompanist and is final.
No refunds, reschedules, or adjustments will be provided for shortened or canceled sessions due to participant unpreparedness.
Fees for Missed Opportunities:
If a participant’s lack of preparedness results in the accompanist being unable to effectively utilize the rehearsal time, the participant will remain liable for the full cost of the scheduled session.
Termination of Services:
Repeated instances of unpreparedness or tardiness may result in the immediate termination of services by the accompanist. In such cases, all fees paid, including the non-refundable booking fee and any additional fees, will be forfeited, and no further obligations will be owed by the accompanist to the participant.
Acknowledgment of Professional Standards:
By engaging the accompanist’s services, participants acknowledge that punctuality, preparedness, and professionalism are essential to maintaining the quality and integrity of rehearsals and performances.
Participants accept full responsibility for any consequences resulting from failure to meet these standards, including forfeiture of time, fees, or services.
Fees for Extended Performances or Rehearsals:
Overtime Fee Applicability: If a rehearsal or performance exceeds the originally agreed-upon time by more than 15 minutes, an overtime fee of $50 per 15-minute increment will automatically apply. This fee is calculated for every additional 15-minute period, or portion thereof, beyond the agreed-upon time.
Immediate Payment Requirement: All overtime fees must be paid immediately following the session or, in the case of a performance, prior to the commencement of the performance. Failure to remit payment for overtime fees by the specified time will result in a suspension of services, including the accompanist’s right to withdraw from the performance without further liability.
Participant Responsibility for Time Management: Participants are solely responsible for managing their rehearsal and performance schedules to avoid incurring overtime fees. The accompanist is under no obligation to continue beyond the scheduled time without receipt of the applicable overtime fee.
Non-Negotiable Terms: Overtime fees are non-negotiable and will be enforced regardless of the reasons for exceeding the scheduled time, including delays caused by the participant, venue, or organizers.
Binding Agreement: By engaging the services of the accompanist, the participant acknowledges and agrees to this overtime fee policy as part of the binding terms of service. Refusal or failure to comply with this clause will constitute a breach of the agreement, entitling the accompanist to pursue legal remedies or recovery of fees.
Audio/Video Recording Clause:
Prohibition of Unauthorized Recordings:
Participants, their representatives, or any third party are strictly prohibited from recording, reproducing, distributing, or broadcasting any portion of the accompanist's performance in any format (audio, video, digital, or otherwise) without the accompanist's explicit prior written consent.
This prohibition applies to all settings, including rehearsals, performances, and any informal sessions.
Personal Use Exceptions:
Recordings intended solely for personal, non-commercial use may be permitted but must be expressly discussed with and agreed upon in writing by the accompanist before any recording takes place.
Written consent for personal use recordings will specify the scope of permitted use, and participants must adhere strictly to these terms.
Ownership and Intellectual Property:
All performances by the accompanist, including their audio and visual representations, are the intellectual property of the accompanist. Participants acknowledge that any unauthorized recording or use constitutes a violation of these rights and may result in legal action.
Remedies for Violations:
Unauthorized recording, reproduction, or distribution will be considered a material breach of this agreement. The accompanist reserves the right to:
Terminate services immediately without refund.
Pursue legal remedies, including but not limited to injunctive relief, damages, and attorney’s fees.
Notice of Third-Party Restrictions:
Participants are responsible for ensuring that their representatives, family members, or any other attendees comply with these restrictions. The accompanist is not liable for violations committed by third parties on behalf of the participant.
Indemnification:
Participants agree to indemnify and hold harmless the accompanist from any claims, liabilities, or damages arising from unauthorized recordings or use of the accompanist's performance.
Commercial Use Prohibition:
Under no circumstances may any recording of the accompanist's performance be used for commercial purposes, including but not limited to marketing, advertising, or monetization, without a separate, signed agreement specifying terms and compensation.
Behavior and Professionalism Clause:
Standard of Conduct:
Participants are required to maintain the highest standards of professionalism, respect, and decorum in all interactions, whether verbal, written, electronic, or in person, with the accompanist, competition organizers, other participants, and any third parties associated with the competition. This obligation applies during rehearsals, performances, and all related communications or events. Any conduct deemed disruptive, abusive, or unprofessional shall constitute a material breach of this Agreement.Prohibited Conduct:
The following behaviors are strictly prohibited and will be considered egregious violations of this Agreement, warranting immediate enforcement actions, including termination of services without refund:Use of abusive, threatening, harassing, defamatory, or otherwise inappropriate language or behavior directed at the accompanist, competition organizers, or any other party.
Any form of physical aggression, including but not limited to gestures or acts that create a hostile or unsafe environment.
Conduct intended to defame, disparage, or undermine the reputation, skill, or professionalism of the accompanist or competition organizers, whether directly or indirectly.
Unruly or disruptive actions that interfere with the orderly conduct of rehearsals, performances, or any other competition-related activities.
Any attempt to manipulate, coerce, intimidate, or exert undue influence on the accompanist or competition staff.
Immediate Termination of Services:
Upon determination by the accompanist, at their sole and absolute discretion, that a participant has engaged in any conduct falling within the scope of this clause, the accompanist reserves the unequivocal right to terminate all services immediately. Such termination shall occur without refund of any fees, including the $150 non-refundable booking fee, and without further liability or obligation to the participant.Legal and Financial Liability:
Participants acknowledge and agree that any breach of this clause shall render them liable for all resulting damages, including but not limited to:Financial losses incurred by the accompanist or competition organizers due to disruptions or cancellations.
Legal fees, court costs, and any administrative expenses associated with enforcing this clause or pursuing damages.
Indemnification:
Participants agree to fully indemnify and hold harmless the accompanist, competition organizers, and any associated parties from any claims, liabilities, or damages arising from their prohibited conduct. This indemnity extends to all forms of harm, including but not limited to reputational damage, financial loss, and personal injury.Non-Disparagement:
Participants expressly agree not to engage in any form of communication, public or private, that defames, disparages, or casts the accompanist, competition organizers, or their affiliates in a negative light. This prohibition applies during and after the term of this Agreement and includes statements made in person, in writing, online, or through any media or forum. Violation of this provision shall entitle the accompanist to pursue all available legal remedies, including injunctive relief and damages.Binding Nature of Determination:
The accompanist's determination regarding the participant’s behavior and the application of this clause shall be final, binding, and non-negotiable. Participants waive any right to contest, dispute, or appeal such determinations, and expressly accept the accompanist’s discretion as conclusive.Acknowledgment:
By engaging the accompanist’s services, participants affirm that they have read, understood, and agreed to this Behavior and Professionalism Clause in its entirety. Any failure to comply with the terms herein shall constitute an irrevocable waiver of any rights or recourse otherwise available under this Agreement or applicable law.
Non-Disparagement Clause:
Participants expressly agree not to engage in any conduct, whether written, verbal, or otherwise, that defames, disparages, or casts the accompanist, the competition, or any associated individuals or entities in a negative light. This includes, but is not limited to, statements made in person, in writing, online, or through any social media platform or public forum.
For the purpose of this clause, disparagement is defined as any comment, statement, or action that could reasonably be interpreted as damaging to the reputation, professionalism, or integrity of the accompanist or the competition, regardless of intent.
Participants acknowledge that such conduct may result in significant reputational and financial harm to the accompanist and agree to be held liable for any damages, including legal fees and costs, arising from violations of this clause.
Any breach of this clause will constitute a material breach of this agreement and may result in immediate termination of services without refund, as well as potential legal action.
This clause shall survive the termination of the agreement and remain enforceable in perpetuity
Indemnity Against Organizer Actions:
Participants agree to indemnify and hold harmless the accompanist from any claims, disputes, or damages arising from the actions or decisions of the competition organizers, including but not limited to scheduling conflicts, venue changes, or cancellations.
8. Legal and Jurisdiction
Jurisdiction and Governing Law:
This agreement shall be governed by and construed in accordance with the laws of the State of New York.
Any disputes arising from these terms and conditions shall be subject to the exclusive jurisdiction of the courts in New York County, New York.
Arbitration Clause:
Any disputes arising out of or in connection with these terms and conditions shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
The arbitration shall take place in New York County, New York, and the decision of the arbitrator(s) shall be final and binding on both parties.
9. Payment Dispute Clause
Prohibition of Chargebacks and Payment Disputes
Participants agree that all payments made under this agreement, including but not limited to the $150 non-refundable booking fee, late request fees, change fees, or any other fees outlined herein, are final and non-refundable under any circumstances, except as explicitly stated in these terms. Participants expressly waive their right to initiate chargebacks, payment reversals, or disputes through their financial institutions.
Resolution of Payment Concerns
Any concerns or disputes related to payments must be communicated directly to the accompanist in writing within seven (7) calendar days of the payment date. The accompanist will address such concerns in good faith; however, participants acknowledge that all payment policies are final and binding, as outlined in this agreement.
Consequences of Chargebacks or Payment Disputes
In the event that a participant initiates a chargeback or payment dispute in violation of this agreement:
Immediate Termination of Services: The accompanist reserves the right to immediately terminate all services without refund or further obligation.
Recovery of Fees and Damages: The participant will be liable for:
The full amount of the disputed payment.
Any additional fees incurred by the accompanist as a result of the chargeback, including but not limited to bank fees, legal fees, and administrative costs.
A flat administrative fee of $250 for handling the dispute.
Legal Action or Arbitration: The accompanist reserves the right to pursue legal remedies or binding arbitration to recover disputed amounts and associated costs. Participants acknowledge that they will be responsible for all costs associated with this process if the accompanist prevails.
Binding Nature of Agreement
By submitting payment, participants expressly acknowledge and agree to this clause. Payment constitutes explicit acceptance of the terms outlined in this agreement, including the non-refundable nature of specified fees and the prohibition on chargebacks or payment reversals.
No Waiver of Rights
Failure by the accompanist to enforce this clause immediately upon a violation does not constitute a waiver of the accompanist’s right to enforce it at a later time.
Acknowledgment
Participants affirm that they have read and understood this Payment Dispute Clause and agree to be bound by its terms. Any disputes arising from or related to this clause will be resolved exclusively through arbitration as outlined in Section 8 of this agreement.
10. Goodwill Provisions for Verified Emergencies
Limited Credit Policy for Verified Emergencies: In recognition of unforeseen and extraordinary circumstances that may prevent participation, the following goodwill measures are offered at the accompanist’s sole discretion. These provisions are designed to balance fairness and consistency while maintaining the integrity of this agreement:
Eligibility for Credit:
Participants who cancel due to verified emergencies may be eligible for a limited credit toward future services.
Verified emergencies include:
Medical emergencies requiring immediate attention (documentation required, such as a physician’s note or hospital discharge summary).
Acts of nature or force majeure events (e.g., natural disasters, government-mandated restrictions).
Death or critical illness of an immediate family member (documentation such as an obituary, death certificate, or relevant medical records is required).
Requests for credit must be submitted in writing within 5 business days of the event, along with verifiable documentation.
Conditions of Credit:
Credit will be applied exclusively toward future services with the accompanist and cannot be redeemed for cash or transferred to other parties.
Credit is valid for a period of 12 months from the original event date unless otherwise specified in writing by the accompanist.
The amount credited will equal any fees paid in excess of the non-refundable $150 booking fee, which remains strictly non-refundable under all circumstances.
Limitations of Credit:
Credit will not be issued for cancellations made without sufficient documentation or for circumstances deemed avoidable by the accompanist.
Participants who fail to provide the required documentation or timely notice will forfeit eligibility for goodwill credit.
Credit applies only to the specific participant who booked the services and cannot be transferred, sold, or assigned to another individual.
Force Majeure Clause and Discretion:
In the case of cancellations arising from force majeure events, the accompanist retains sole discretion to determine the applicability and amount of credit, if any.
Participants acknowledge that the accompanist may decline to issue credit where circumstances make it impractical or unreasonable to reschedule or fulfill future services.
Non-Guarantee of Availability:
The issuance of credit does not guarantee the accompanist’s availability for future services. Participants are encouraged to rebook promptly to secure their desired dates and times.
Binding and Final Determination:
All determinations regarding the issuance and terms of credit are final and binding. Participants waive any right to dispute the accompanist’s decisions related to these goodwill measures.
Acknowledgment of Limited Goodwill: By engaging the services of the accompanist or participating in the competition, participants acknowledge and agree to the limited scope and conditions of these goodwill measures. These provisions are a courtesy and do not modify the enforceability of the broader terms and conditions outlined in this agreement.
11. Protection Against Unforeseen Loopholes
No Waiver Clause: Failure by the accompanist to enforce any provision of these Terms of Service at any time shall not be construed as a waiver of the accompanist's right to enforce such provisions or any other provisions at a later time. No waiver of any term or condition shall be valid unless expressly made in writing and signed by the accompanist. Any delay or omission in exercising any rights or remedies under this agreement shall not impair or be construed as a waiver of such rights or remedies.
Subjective Satisfaction Clause: Participants expressly acknowledge that services provided by the accompanist involve subjective elements, including but not limited to musical interpretation, artistic style, and competitive outcomes. Dissatisfaction with these subjective aspects shall not entitle the participant to any refunds, financial compensation, or damages under any circumstances. By engaging the accompanist’s services, participants agree to accept the accompanist’s professional judgment and the competition's outcomes as final and binding.
12. Time is of the Essence
The Participant acknowledges and agrees that time is of the essence in this Agreement. All deadlines, schedules, and payment obligations outlined herein are strictly binding and must be adhered to without deviation or delay. Failure to meet any specified deadline, including but not limited to payment deadlines, rehearsal scheduling, submission of materials, or change requests, shall constitute a material breach of this Agreement.
In the event of such a breach, the Accompanist reserves the right, at their sole discretion, to enforce any and all applicable remedies, including but not limited to the forfeiture of fees, cancellation of services, and termination of this Agreement without further notice or recourse to the Participant. The Accompanist shall not be obligated to extend any deadlines or provide leniency in the enforcement of this provision, regardless of the reason for non-compliance.
The Participant expressly waives any claim or defense arising from delays or missed deadlines and agrees that strict adherence to time-sensitive obligations is essential to the effective execution of services under this Agreement. Any failure by the Accompanist to immediately enforce this provision shall not be construed as a waiver of their right to enforce it at any later time.
13. Entire Agreement Clause
This Terms of Service Agreement (hereinafter referred to as the “Agreement”) constitutes the entire and complete agreement between the parties with respect to the subject matter contained herein and supersedes and replaces all prior or contemporaneous oral or written communications, representations, understandings, negotiations, or agreements between the parties, whether express or implied, relating to the subject matter hereof.
No statements, promises, representations, or agreements, whether made prior to or contemporaneous with the execution of this Agreement, shall be of any force or effect unless expressly included within this Agreement. Any modification, amendment, or supplement to this Agreement shall be valid and enforceable only if made in writing and signed by both parties.
The parties acknowledge and agree that no reliance has been placed on any statement, representation, or warranty other than as expressly set forth in this Agreement. In the event of any inconsistency or conflict between this Agreement and any other documents or communications not explicitly incorporated herein, the terms and conditions of this Agreement shall govern and prevail.
This clause is intended to ensure that this Agreement constitutes the final and exclusive statement of the terms between the parties and may not be varied, supplemented, or contradicted except as expressly provided herein.
14. Compliance with Venue Rules
Compliance Obligation:
Participants expressly agree to abide by all rules, policies, and regulations established by the competition venue, including but not limited to safety protocols, access restrictions, noise levels, dress codes, and any other operational requirements or guidelines communicated by the venue or competition organizers.
Breach of Venue Rules:
Failure to comply with the venue’s rules and regulations, as determined solely by the venue staff, competition organizers, or the accompanist, constitutes a material breach of this agreement. In the event of such a breach, the accompanist reserves the right to terminate services immediately without refund or further liability.
Indemnification:
Participants shall indemnify and hold harmless the accompanist, competition organizers, and venue management from any claims, damages, or liabilities arising from the participant’s failure to adhere to venue rules, including but not limited to property damage, personal injury, or fines imposed by the venue.
No Obligation to Remedy Violations:
The accompanist is under no obligation to remedy or intervene in disputes between the participant and the venue. Any penalties, fines, or restrictions imposed by the venue on the participant shall remain the sole responsibility of the participant.
Notification of Rules:
Participants are responsible for familiarizing themselves with and adhering to all venue rules, as communicated by the competition organizers or venue staff. Lack of knowledge or awareness of the rules does not exempt participants from compliance or liability.
Termination for Cause:
In the event of a violation of venue rules that disrupts the performance, rehearsal, or the competition's operations, the accompanist may terminate this agreement for cause. Such termination shall not entitle the participant to any refund or recourse.
Acknowledgment of Venue Authority:
Participants acknowledge that venue staff and competition organizers hold ultimate authority over the enforcement of venue rules and agree to comply with all instructions issued by such personnel. Any disputes with venue staff or organizers must be resolved directly and shall not impact the accompanist’s obligations or rights under this agreement.
This clause ensures strict adherence to venue policies while protecting the accompanist and competition from liabilities arising from participant misconduct.
Language and Interpretation Clause
In the event of any ambiguity, vagueness, or discrepancy in the interpretation or construction of any term, provision, or condition set forth in this Agreement, the parties expressly agree that the accompanist’s interpretation shall be final, binding, and conclusive. Participants hereby waive any claim, defense, or argument based on alternative interpretations of the language used within this Agreement.
All terms and provisions of this Agreement shall be construed and enforced according to their plain meaning as determined by the accompanist, without regard to any presumptions or rules of interpretation that might otherwise favor the participant as the drafting party.
To the extent that any term, provision, or condition is deemed ambiguous, the intent and purpose of the Agreement shall be used to resolve such ambiguity, with precedence given to maintaining the enforceability and integrity of the Agreement as a whole.
Participants acknowledge and agree that no extrinsic evidence, including prior drafts, communications, or negotiations, shall be admissible to alter or modify the meaning of any provision contained herein. This clause shall survive the termination or expiration of this Agreement and remain in full force and effect.
15. Termination Without Cause
The Accompanist reserves the absolute and unequivocal right to terminate this Agreement and the provision of services at their sole and exclusive discretion, without the need to provide justification or cause, upon delivery of written notice to the Participant. Such notice may be delivered via email, postal mail, or other reasonable means of communication, with the date of delivery serving as the effective date of termination.
In the event of termination under this clause, the Accompanist’s sole obligation shall be to refund any fees paid by the Participant beyond the $150 non-refundable booking fee, which remains strictly non-refundable under all circumstances. The Participant expressly acknowledges and agrees that no further liability, compensation, or damages of any kind, whether direct, indirect, incidental, consequential, or otherwise, shall be owed or incurred by the Accompanist in connection with the termination of this Agreement.
The Participant waives any and all rights to contest, dispute, or challenge the Accompanist’s exercise of this termination right, including but not limited to claims of breach of contract, loss of opportunity, or reputational harm. The Accompanist’s decision to terminate shall be final, binding, and enforceable without recourse to the Participant.
This clause shall not preclude the Accompanist from exercising any additional rights or remedies available under this Agreement or applicable law, nor shall it limit the Accompanist’s ability to enforce other provisions of this Agreement following termination.
By entering into this Agreement, the Participant expressly consents to and accepts this Termination Without Cause clause in its entirety, acknowledging its legal enforceability and waiving any claims, defenses, or objections thereto.
16. Technology and Communication Failures
Limitation of Liability for Technological and Communication Failures:
Participants expressly acknowledge and agree that the accompanist is not, under any circumstances, responsible or liable for delays, missed communications, or service interruptions arising from technological failures or communication breakdowns beyond the accompanist’s direct control. Such failures include, but are not limited to:
Email Delivery Issues: Delayed, misdirected, or failed email transmissions caused by incorrect participant-provided email addresses, spam filters, server issues, or third-party email service disruptions.
Internet Connectivity Failures: Inability to send or receive communications due to participant or accompanist internet outages, limited connectivity, or network errors.
Software Malfunctions: Errors, bugs, or disruptions within third-party platforms, tools, or software used for communication, scheduling, or payment processing.
Telecommunication Interruptions: Failure of cellular or landline networks to transmit or receive calls, messages, or notifications, including but not limited to participant-provided contact numbers being unavailable or out of service.
Participant Oversight: Any participant failure to monitor communications, confirm receipt of updates, or ensure that contact information provided is accurate, complete, and up to date.
Participant Responsibility:
Participants are solely responsible for ensuring that they actively monitor all communications from the accompanist and competition organizers. This includes but is not limited to verifying the receipt of emails, text messages, or phone calls related to deadlines, rehearsal schedules, and event details.
Confirmation of Receipt: Participants are required to confirm the successful delivery and receipt of all materials, including payment confirmations, sheet music submissions, and rehearsal schedules. Claims of non-receipt shall not absolve participants of their obligations under this agreement.
Provision of Accurate Contact Information: Participants must provide valid and functional contact information at the time of booking. The accompanist shall not be held responsible for failed communications due to inaccurate, outdated, or incomplete contact details provided by the participant.
Waiver of Liability:
Participants expressly waive any claims, rights, or demands against the accompanist for losses, damages, or inconvenience caused by technology or communication failures as outlined in this clause. This waiver extends to, but is not limited to:
Missed rehearsals, deadlines, or performances due to undelivered communications.
Scheduling conflicts arising from participant negligence in monitoring or confirming communications.
Financial losses resulting from the participant’s failure to address technological issues or communication oversights in a timely manner.
Binding Nature of Clause:
By engaging the accompanist’s services, participants agree that this clause constitutes a material term of the agreement. Any failure to adhere to the responsibilities outlined herein or any disputes related to communication failures shall not excuse the participant from their contractual obligations, including but not limited to payment of fees, adherence to deadlines, and attendance at scheduled rehearsals and performances.
Indemnification:
Participants agree to indemnify and hold harmless the accompanist from any claims, liabilities, or disputes arising from or related to technological or communication failures as described in this clause. This indemnity extends to all costs incurred, including but not limited to legal fees, damages, and administrative expenses.
Absolute Finality:
The accompanist’s interpretation and application of this clause shall be deemed final, binding, and non-negotiable. Participants further agree that this clause survives termination of services and remains enforceable in perpetuity.
17. Compliance with Competition Rules and Guidelines
Participants hereby acknowledge and agree that strict adherence to all rules, policies, and guidelines established by the competition organizers, venue management, and any affiliated entities (collectively, the "Competition Rules") is a fundamental and material condition of this Agreement. This obligation extends to, but is not limited to, the following:
Behavioral Standards: Participants must conduct themselves in a manner consistent with the professional, ethical, and procedural standards set forth by the competition and venue. This includes full compliance with any instructions issued by competition organizers, judges, or staff during rehearsals, performances, or associated events.
Regulatory and Safety Compliance: Participants must observe and fulfill all safety, security, and operational protocols mandated by the venue or competition organizers, including, but not limited to, fire regulations, emergency procedures, and access restrictions.
Submission Deadlines: Participants are required to meet all deadlines for submissions, including but not limited to sheet music, registration forms, and any required documentation as stipulated by the competition organizers.
Adherence to Rules of Conduct: Participants must respect the Competition Rules regarding noise levels, dress codes, use of shared spaces, and any other behavioral guidelines applicable to the competition environment.
Material Breach and Immediate Termination
Failure to adhere to any provision of the Competition Rules, as determined solely and conclusively by the accompanist, competition organizers, or venue management, shall constitute a material breach of this Agreement. Upon such breach, the accompanist shall have the absolute right, at their sole and exclusive discretion, to immediately terminate services under this Agreement. In the event of such termination:
Forfeiture of Fees: The Participant shall forfeit all fees paid, including the non-refundable booking fee, without any right to reimbursement, refund, or credit.
No Further Obligation: The accompanist shall have no further obligations to the Participant under this Agreement, including but not limited to attendance at rehearsals, performances, or provision of future services.
Indemnification for Breach: The Participant agrees to indemnify and hold harmless the accompanist, competition organizers, and venue management from any claims, losses, damages, liabilities, or expenses (including reasonable attorney’s fees) arising out of or related to the Participant’s failure to comply with the Competition Rules.
Binding and Final Authority
The Participant expressly acknowledges and agrees that the competition organizers, venue management, and the accompanist shall have sole and binding authority to determine whether the Participant has complied with the Competition Rules. Any determination made by these parties is final, conclusive, and not subject to dispute or appeal.
Non-Intervention by the Accompanist
The accompanist shall have no obligation to intervene in disputes between the Participant and competition organizers or venue management regarding compliance with the Competition Rules. The Participant expressly waives any right to claim damages, refunds, or recourse against the accompanist for any enforcement action taken by competition organizers or venue management, including expulsion from the event or imposition of penalties.
Acknowledgment of Responsibility
By entering into this Agreement, the Participant expressly affirms their responsibility to familiarize themselves with and adhere to all applicable Competition Rules. Lack of knowledge, misunderstanding, or failure to receive notice of any rule or guideline does not exempt the Participant from compliance or the consequences of non-compliance.
This provision shall remain in full force and effect regardless of any termination or modification of this Agreement and shall survive the conclusion of the Participant's involvement in the competition.
18. Acknowledgment and Agreement
By engaging the services of the accompanist or participating in the Golden Classical Music Competition with the accompanist's involvement, the participant:
Affirms that they have read, understood, and unconditionally agree to all terms and conditions outlined in this document, including but not limited to the cancellation policy, change request policy, deadlines, fees, and additional policies.
Acknowledges that these terms are legally binding and enforceable, and that failure to adhere to any of the outlined conditions may result in forfeiture of services, fees, or participation without recourse.
Waives any right to dispute the accompanist’s policies or decisions as stated within these terms, unless specifically required by law.
Agrees that payment of the booking fee, submission of any accompaniment request, or participation in any rehearsal or performance constitutes full acceptance of these terms and conditions, regardless of whether a separate written or electronic acknowledgment has been signed.
Understands that engaging the accompanist’s services does not guarantee any specific outcomes or success in the competition, and that the accompanist is not liable for competition-related decisions, rankings, or disputes.
Accepts full responsibility for compliance with deadlines, submissions, and communications as outlined in this document, and acknowledges that failure to meet these requirements will result in applicable penalties or termination of services.
Agrees that any disputes arising from or related to these terms and services will be resolved exclusively under the jurisdiction and laws of the State of New York, as further detailed in Section 8 (Legal and Jurisdiction).
Confirms that they have no further questions or objections to the terms at the time of engagement, and that all clarifications, if needed, have been sought and resolved prior to accepting these terms.
By proceeding with payment, rehearsal, or performance under the accompanist's services, the participant expressly consents to be bound by these terms in their entirety.
Private Accompanist Policy:
Thank you for choosing our services as a piano accompanist for your concert. We understand that circumstances may arise which require the cancellation of our services. To ensure a fair and transparent approach, we have established the following cancellation policy:
Cancellation Notice Periods:
a. For cancellations made more than 8 weeks before the concert date, a 50% cancellation fee will be levied. b. For cancellations made between 4 to 8 weeks prior to the concert date, a 75% cancellation fee will apply. c. For cancellations made less than 4 weeks before the concert date, a 100% cancellation fee will be imposed.
Communication of Cancellation:
a. All cancellations must be communicated in writing (email or letter) to the piano accompanist at the earliest possible convenience. b. The date and time of receipt of the cancellation notice will determine the applicable cancellation fee.Fee Calculation:
a. The cancellation fee will be calculated based on the total agreed-upon fee for the piano accompanist's services. b. The fee will be determined according to the cancellation notice period described in section 1.Reimbursement:
a. If a cancellation fee applies, the client will be responsible for paying the fee within a reasonable timeframe, as agreed upon with the piano accompanist. b. Payment for the cancellation fee should be made in the same form and manner as the originally agreed-upon payment method.Force Majeure: a. In exceptional circumstances beyond the control of either party, such as acts of nature, illness, or other unforeseen events, the cancellation policy may be subject to modification. In such cases, the piano accompanist and the client will negotiate a fair resolution.
Please note that this policy is in place to ensure professionalism and fairness for both parties involved. We appreciate your understanding and cooperation regarding our cancellation policy. Should you have any further questions or concerns, please feel free to reach out to us directly.