THEATERMAKERS STUDIO MENTORSHIP MASTERMINDTERMS AND CONDITIONS

By signing the Membership Agreement, you agree to the following:

STATEMENT OF SERVICES:

The TheaterMakers Studio has agreed to provide the Client with professional coaching and strategy expertise as part of the TheaterMaker Mentorship Mastermind program for a period of 12 months from the date of joining. The services include Weekly group coaching sessions, access to the Ultimate TheaterMakers Get Produced Course, How to Market Your Show in NYC & Beyond, as well as additional resources and trainings. The TheaterMakers Studio will make every effort to complete the services on a consistent schedule, but cannot guarantee exact dates and times of the sessions.

EARNINGS AND INCOME DISCLAIMER:

The TheaterMakers Studio can not and does not make any guarantees about the Client’s ability to get produced or raise any money with their ideas, information, tools, or strategies. What The TheaterMakers Studio can guarantee is the Client’s satisfaction with their training, guidance, and support. All products and services provided by The TheaterMakers Studio are for educational and informational purposes only. Nothing in this agreement, or on The TheaterMakers Studio website, or any content or curriculum is a promise or guarantee of results or future success, and The TheaterMakers Studio does not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult an accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. The Client alone is responsible and accountable for their decisions, actions and results in life, and by their registration here they agree not to attempt to hold The TheaterMakers Studio liable for their decisions, actions or results, at any time, under any circumstance.

COMPENSATION, TERMS OF ENGAGEMENT & TERMINATION:

The Parties have agreed that The TheaterMakers Studio will be engaged and compensated as outlined herein:

Beginning on the date the Membership Agreement is duly executed, and concluding 365 days after submitting payment, unless renewed, The TheaterMakers Studio will receive a membership fee either paid in full or split into monthly payments. Any payment made as part of the membership fee for the program is non-refundable.

All service based and coaching programs, including the TheaterMakers Mentorship Mastermind, are non-refundable. Therefore, the Client should NOT invest in the program if they think they might want to refund it. Once they have received the information they cannot give it back or “unsee” it. They will have received access to the The TheaterMakers Studio valuable intellectual property and materials and therefore THERE ARE NO REFUNDS.

In the event of Force Majeure cancellation of this Agreement, with Force Majeure being defined as an Act of God event out of the control of the Parties that renders the normal course of business impossible (including but not limited to war, death or serious illness, extreme weather events, government or municipal emergency directives, labor stoppages, or any other uncontrollable circumstances) both Parties are released from all obligations under this Agreement and are released from all liability to the other Party.

Terms of Membership Renewal

At the end of the initial 12-month membership period, should both parties wish to renew the Client’s membership in the TheaterMakers Mentorship Mastermind, renewal will be offered at a rate determined by The TheaterMakers Studio.

RELATIONSHIP:

The relationship of The TheaterMakers Studio to Client is that of an independent Consultant. Personnel of both Parties are neither agents nor employees of the other Party for federal or state tax purposes or any other purpose whatsoever, and Consultant is not entitled to any employee benefits. The Consultant acknowledges that this Agreement does not represent a joint venture, and is exclusively a contract for coaching and consulting services as part of the TheaterMakers Mentorship Mastermind. The Consultant is responsible for paying, and complying with, reporting requirements for all local, state, and federal taxes on payments made to Consultant under this Agreement.

INTELLECTUAL PROPERTY

The Client agrees that The TheaterMakers Studio LLC, including but not limited to The TheaterMakers Mentorship Mastermind programs and services, graphics, user interface, audio clips, video clips, editorial content, templates and the scripts and software used to implement Services, contains proprietary information and material that is owned byThe TheaterMakers Studio LLC and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. The Client agrees that they will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. No portion of the Entertainment Entrepreneur Incubator may be reproduced in any form or by any means, without expressed written permission from The TheaterMakers Studio LLC. The Client agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the the TheaterMakers Mentorship Mastermind in any manner, and you shall not exploit The TheaterMakers Studio LLC brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, The TheaterMakers Studio LLC and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the The TheaterMakers Mentorship Mastermind at any time without notice. In no event will The TheaterMakers Studio LLC be liable for making these changes. The TheaterMakers Studio LLC may also impose limits on the use of or access to certain features or portions of its services, in any case and without notice or liability.

All copyrights in and to The TheaterMakers Studio LLC (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by The TheaterMakers Studio LLC and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE THEATERMAKERS STUDIO LLC, EXCEPT FOR USE OF THE THEATERMAKERS STUDIO LLC AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

The TheaterMakers Mentorship Mastermind, the The TheaterMakers Studio LLC logo, other trademarks, service marks, graphics, and logos used in connection with The TheaterMakers Studio LLC are trademarks or registered trademarks of The TheaterMakers Studio LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with The TheaterMakers Studio LLC. may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

CONFIDENTIALITY:

The term "confidential Information" means any proprietary and sensitive information that is possessed by Client and used in the conduct of Client’s business, which is not generally known to the public or competitors of Client. Confers or tends to confer a competitive advantage over one who does not possess the information. Has economic or operational value, actual or potential, to Client. Confidential Information may include, but is not limited to,

• Information about existing, new, anticipated or potential projects of Client,
• Information relating to purchasing, inventories, data processing, marketing, sales, financial statements or forecasts, cost and statistics,
• Information concerning techniques, processes, or practices related to Client’s projects,
• Information concerning the preferences of customers and/or prospective collaborators of Client, specifications relating to collaborator treatment, and similar internal information concerning the terms of transactions of Client,
• Information received by Client from others which Client has an obligation to treat as confidential.

For purposes of this Agreement, “Confidential Information” shall not include, and the obligations of non-disclosure set forth in this Agreement shall not apply to, any information which,

• Can be demonstrated by The Theatermakers Studio to have been known by The Theatermakers Studio prior to performing Services under this Agreement,
• Is or becomes generally available to the public through no act or omission of Consultant,
• Is obtained by The Theatermakers Studio in good faith from a third party who discloses such information to Consultant on a non-confidential basis without violating any obligation of confidentiality or secrecy relating to the information disclosed.

The Client understands that The Theatermakers Studio will require access to proprietary, private and/or otherwise confidential Information of the Client in order to perform the work. Confidential Information may include all non-public information which constitutes, relates, or refers to the operation of the business of the Client as outlined above.

INDEMNIFICATION:

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its affiliates, offices, agents, and assigns against any and all claims, losses, damages, penalties, and reasonable legal fees, which result from or arise out of any act or omission of the indemnifying Party that occurs in connection with this Agreement. This indemnification will survive the termination of the Membership Agreement.

ENTIRE AGREEMENT:

These Terms & Conditions, and the Membership Agreement, constitute the entire agreement between the Parties. All terms and conditions contained in any other writings or conversations orally previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto. 

NON-WAIVER:

No delay or failure by either party in exercising any right under this Agreement, and no partial or single exercise of such right shall constitute a waiver of that right or any other right.

GOVERNING LAW:

This agreement will be governed by and construed in accordance with the laws of The State of New York.

DISPUTE RESOLUTION:

In the event of a dispute between the Parties, The Theatermakers Studio and the Client expressly agree to a good faith effort to resolve the dispute in mediation. The dispute must be raised in writing and served to the other Party at the address stipulated in this agreement. The Party raising the dispute must provide a list of three to five mediators available for consideration within 90 days. The party in receipt of the dispute must choose one of the proffered mediators within 15 days. The only grounds for refusing all proffered mediators shall be a conflict of interest. Both parties agree to split the mediator’s fees evenly by direct payment. Mediation will be carried out over a minimum period of 30 days. The Parties expressly agree that should the mediation fail to produce a settlement, the Parties are then free to pursue the rights and remedies available to them under the contract and the law.

By joining mentorhsip, the Parties hereby agree to everything on this page.