Terms & Conditions for Online Courses
Client Agreement
Welcome! I am looking forward to working with you. Please read this information carefully. The purpose of this Agreement is to share details about working together so that we both are clear as to what each of our respective roles are and how our communication will take place so that our time will be positive, productive, and comfortable.
This Agreement is being made between Ilana Davidson | Vocally Mindful, 113 Castle Heights Avenue, Nyack, New York, 10960 (“Founder & Lead Instructor”) and Course Participant, name, client’s address, city, state, zip (“Enrollee” or “you”). We both legally agree to the following:
1. Program Description.
Your Program (“Course”) includes:
Vocal Behavior Training (VBT) Course Option: A transformative and holistic vocal approach designed to optimize vocal function and health. This includes the 7 Fundamental Exercises of Vocal Behavior Training, a series of soft, restorative humming exercises. They include inspiratory phonation and gentle crescendo work, including downloadable resources for optimal effect.
Vocal Technique Course Option: Combining Vocal Behavior Training (VBT) with exercises rooted in Bel Canto philosophies, designed to enhance breath control, resonance, and fluidity.VBT establishes the foundation of healthy vocal habits and provides conventional exercises to ensure proper vocal technique, along with downloadable resources for optimal effect.
Mindfulness, Meditations & Yoga for Elite Vocal Professionals Course Option: Meditations, Yoga videos to release tension and open the body and mind for vocal work. Including downloadable resources for optimal effect.
2. Expectations and Responsibilities.
You can expect that, as the Founder & Lead Instructor, I agree to fulfill certain responsibilities during the Program. As Founder & Lead Instructor, I agree to:
Provide comprehensive course materials and keep them updated for optimal learning
Offer clear guidance on proper exercise execution and vocal/breathing techniques
Serve as your accountability partner and provide support, encouragement, and feedback via email correspondence
Be available for private sessions when booked in the online portal to offer personalized guidance
Respond to participant emails within two business days during regular business hours
Maintain confidentiality regarding your personal information and progress
Likewise, I expect that you will fulfill the following responsibilities during the Program. As the Enrollee, you agree to:
Engage in your program without distractions
Give all of your effort and fully commit to the Program
Practice the methods for full benefits
Use your best efforts to complete all action steps
Promptly provide payment for the Program
Be open to new ideas and willing to stretch and grow
Ask any questions you may have as they arise
Refrain from performing any exercise or technique if instructions are unclear or if you are uncertain about proper execution, and immediately seek clarification from the instructor
Attend scheduled sessions and complete course modules as outlined
Communicate any physical limitations, injuries, or health concerns before beginning exercises
Practice exercises safely and within your personal limits
Respect the confidentiality of other participants if in group settings
Provide timely notice for session cancellations or rescheduling needs for private sessions
Engage actively and honestly in the learning process
3. Intellectual Property Rights.
Ownership of Program Content and Materials: I retain all ownership and intellectual property rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content and materials are being provided for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission. No license to sell or distribute my Program content and materials is granted or implied. No permission to disclose my process as expressed through the Program content and materials is granted or implied.
All course materials, including but not limited to:
Downloadable resources
Audio recordings and exercises
Video content and demonstrations
Proprietary methods and techniques are the exclusive property of Vocally Mindful.
Clients agree to:
Not record, copy, or redistribute any course materials
Not share login credentials, passwords, or account access with any third parties
Use materials solely for personal development and practice
Respect the confidential and proprietary nature of the content
Intellectual Property Rights in Work Product:
You hold all intellectual property rights in your work product developed during your participation in the Program, including but not limited to copyright and trademark rights. I agree not to claim any such ownership in your work product or intellectual property at any time.
4. Payment and Cancellation Terms.
Payment:
Course fee: As stated on the website
Payment due: On purchase only
Accepted payment methods: Via Stripe, as listed in checkout
Cancellation & Refunds:
No refunds
Emergency refunds only: Considered on a case-by-case basis
5. Contacting Me.
I try to be attentive to my clients. If you need to reach me, please get in touch with me during my Studio Hours: 9:00 AM - 4:00 PM, Monday through Thursday (New York time zone) via email. I will do my best to respond to you within 24 hours.
On weekends and holidays, I will do my best to reply to you by the next business day.
Any inquiries related to your Vocally Mindful Courses are for quick questions, and you may receive brief responses. For complex or lengthy questions requiring detailed guidance, please book a private session.
6. Investment and Payment.
Investment: You agree that you are financially willing and able to invest in this Program by choice, and that by so doing, you are not incurring any economic hardship in any way. You agree and understand that you are committing to making all payments on time, even if you withdraw from the Program at any time.
By paying in full for a package, your investment is:
Course Packages:
Vocal Behavior Training - $199.00
Vocal Technique - $279.00
Mindfulness, Meditations & Yoga for Elite Vocal Professionals - $189.00
Bundles Option:
Option 1 - $407 - Vocal Behavior Training + Vocal Technique
Option 2 - $329 - Vocal Behavior Training + Mindfulness & Yoga
Option 3 - $397 - Vocal Technique + Mindfulness & Yoga
Option 4 - $567 - Complete Vocally Mindful Program - (All 3 Courses)
Payment Authorization and Receipt: If paying by Stripe, PayPal, credit card, or debit card, you give us permission to automatically charge your credit card or debit card as payment for your Program without any additional authorization, and you will receive an electronic receipt. If I choose to provide you with an invoice instead, you are required to pay it by the date due on the invoice, or your Program will be put on hold until payment is made.
Missed Payment: If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3-day grace period to make the payment following the due date, otherwise your Program will be put on hold. If no payment is made within this grace period, the Program will automatically terminate and you will no longer be granted access.
Refund Policy: It is my intention for you to be happy with your Program. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing the Program, no refunds will be provided. Unless otherwise provided by law, you acknowledge that all sales are final and we do not offer refunds for any portion of your payment for any of the Program at any time. By signing below, you agree that you will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it. Should you attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not, and you will still remain contractually responsible for payment in full for the Program.
7. Confidentiality.
Confidentiality is important to me. I will do my best to keep all information exchanged between us during the Program private and confidential. I will not disclose any information that you share with me during the Program to anyone else unless: (1) they have a legitimate reason to know such information as a member of my team or staff, (2) you have given me written permission, (3) if I am required to do so by law, (4) in the good-faith belief that disclosure is necessary to conform to the law or to the legal process, (5) to protect or defend our rights or property, and/or to protect personal safety.
8. Personal Responsibility, Disclaimer & Release of Claims.
Personal Responsibility & Assumption of Risk: You acknowledge that you take full responsibility for yourself and all choices, actions and results made before, during and after your Program. You knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program content or materials. You agree to be mindful of your own well-being during the course of this Program, and you understand and agree that you are solely responsible for your results.
9. Health and Safety - Liability Waiver.
You acknowledge that:
Participation in vocal exercises, breathing techniques, and yoga-related activities involves physical movement and exertion
You are responsible for your own physical well-being and will not exceed your personal limits
You will immediately inform me of any discomfort, pain, or concern during exercises
You have disclosed any relevant health conditions, injuries, or physical limitations
You participate at your own risk and release [Your Name] from any claims related to injury or discomfort arising from course participation
If you have any medical conditions or concerns, please consult your healthcare provider before beginning this program.
Disclaimer: I have used care in preparing the information provided to you, but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that I am not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, or religious advice, nor is it intended to replace the expertise, care, judgment or guidance of your own medical or mental health practitioners, clergy members, accountants, attorneys or financial advisors. It does not, nor is it intended to, provide medical nutrition therapy, psychotherapy, psychological counseling, behavioral health, or a personalized assessment of macronutrients or micronutrients. This Program shares general information, not personalized recommendations. It is not preventing, treating, curing any medical or mental health disease, condition or ailment. For specific questions related to a medical or mental health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. Any earnings, income, or revenue shared is only an example of what is possible to achieve. Results vary for each individual based on a variety of factors, so there are no guarantees that you will experience the same or similar results. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. If you are currently under the care of a medical or mental health practitioner or currently uses prescription medications, do not make any dietary changes or start or stop taking any dietary supplements or medications because of anything you have read or received through this Program without first consulting with your doctor. Any recommendation of any product or supplement mentioned in or through this Program is offered for educational purposes, and you agree to check with your own medical professional before using any of these products or supplements on, in or near your body in any way. You understand that the statements, information, supplements or products provided in or through this Program have not been evaluated by the Food and Drug Administration (“FDA”).
Limitation of Liability, Indemnification, and Release of Claims: While every effort has been made to present the most accurate research and information in this Program to date, you understand and agree the information in this Program is for informational and educational purposes only. Because research and information changes frequently, you agree that we are not liable for the accuracy, errors or omissions of statements contained in the Program. You agree that the information included in this Program is not, nor should be, a substitute for personalized health care, medical, mental health, financial, legal or religious advice of any kind. Recognizing that the information that you request or receive through this Program, including Program materials, products, and any other information you have received from or through this Program is purely informational and educational, you agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may claim to have against me in the future that may arise from your participation in the Program to the fullest extent permitted by applicable law. You agree to hold me free of all liability and responsibility for any actions or results with actual or perceived adverse effects that you claim were created as a direct or indirect result of specific information or recommendations that you have received through this Program.
Media Release. By participating in our Program, there may be an occasion when our course is used on our social media platform for the benefit of others interested in our courses. You consent to our use of comments, photographs, videos, and/or audio recordings containing your image, voice, text, and/or likeness provided in any aspect of the Program, including through social media. You understand that these postings and/or recordings may or will be shared with potential clients or other clients who have purchased our Program.
10. Other Important Terms.
Termination: If either of us want to terminate the Agreement at any time, we both agree to notify the other at least 7 days in advance by e-mail. Even after termination by either of us, certain terms of this Agreement, including Investment and Payment (including Refund Policy), Confidentiality, Intellectual Property, Personal Responsibility/Disclaimer/Release of Claims, Governing Law, Dispute Resolution and Non-Disparagement, will survive termination to apply now and in the future.
Notice: All correspondence or notice required regarding the Program shall be made to me by e-mail at hello@ilanadavidson.com and to you at the e-mail address you provided during your enrollment in the Program. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change.
Force Majeure: In the event that any cause beyond the reasonable control of either of us, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strike or civil disturbances, foreseen/unforeseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for either of us to perform our responsibilities or obligations under this Agreement, either because of unreasonable increased costs or risk of injury, the person(s) affected will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill their responsibilities and obligations.
Entire Agreement, Assignment, Survivability, Enforceability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time provided the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If any section of this Agreement is found to be unenforceable, the rest of the document shall be held in full force and effect. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.
Governing Law: This Agreement shall be construed according to the laws of the State of New York where my principal place of business is located.
Dispute Resolution: Should we ever have a conflict, it is hoped that we could work it out amiably. However, if we are unable to seek resolution through good-faith negotiation within 30 days, we agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing or otherwise provided by law. You understand and agree now that the only monetary damages that can be awarded to you through arbitration is the full refund of your Payment made to date. No other financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in Rockland County in the State of New York where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. For a breach of contract claim, if the contract is deemed to be valid by the arbitrator or a court of law, the prevailing party shall be entitled to recover all reasonable attorney's fees and costs incurred in defending against such action.
Mutual Non-Disparagement: Should you have any questions or concerns about the Program or me, you agree now to contact me directly in a mature and professional way rather than to publicly make any negative or critical comments about the Program, my business or me through social media or otherwise. We both agree now not to communicate with any other individual, company or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Program, me, my business, my employees, contractors or agents, other participants. In arbitration or when required by law, of course, we are not prohibited from publicly sharing our thoughts and opinions.
By signing this Agreement, we both acknowledge that we have read, understand, agree to, and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you are in agreement with all of the terms of this Agreement.