LOW BRASS LESSONS TERMS OF SERVICE
1. Acceptance of Terms
These Terms of Service ("Terms") govern access to and use of the Low Brass Lessons website, scheduling flows, online lesson rooms, student and parent communications, digital product pages, subscription offerings, protected access systems, and related products and services (collectively, the "Services").
By visiting the website, booking a lesson or consultation, purchasing digital content, subscribing to sheet music access, requesting, receiving, or using a one-time passcode (OTP), accepting a recurring lesson arrangement, or otherwise accessing or using any part of the Services, you agree to these Terms and to any checkout disclosures, plan descriptions, or policy acknowledgments presented with the transaction.
If you act for a student, minor, family member, or another third party, you represent that you have authority to bind that person and accept responsibility for that person's compliance with these Terms.
2. Eligibility; Parents; Minors
You must be legally capable of entering into a binding agreement to use the Services. If a student is under eighteen (18), a parent or legal guardian must complete registration, provide accurate contact and payment information, authorize participation, and remain legally and financially responsible for the student's participation and use of the Services.
Parents and guardians remain responsible for supervision, technology readiness, attendance, transition, arrival, pickup, and the conduct and safety of minors before, during, and after any lesson or consultation. Low Brass Lessons does not provide childcare, custody, transportation, therapy, counseling, medical care, diagnosis, or emergency services.
3. Services Covered
The Services may include private online lessons, private in-person lessons, consultations, recurring lesson arrangements, one-time digital product sales, downloadable or browser-gated PDFs, audio files, previews, excerpts, OTP-protected content access, and sheet music subscription access. No trial lessons are offered unless Low Brass Lessons expressly states otherwise in a later signed writing or posted policy.
Low Brass Lessons may modify, suspend, add, remove, reprice, or discontinue Services, features, instructors, products, catalogs, lesson formats, or availability at any time, subject to applicable law.
4. Educational Nature; No Guaranteed Results
The Services are educational only. Low Brass Lessons does not guarantee any specific musical, educational, academic, professional, audition, competition, physical, or personal outcome. Student progress depends on many factors outside Low Brass Lessons' control, including practice habits, preparation, attendance, instrument condition, environment, and effort.
5. Instructor Assignment; Substitution; Records
Low Brass Lessons controls the customer relationship, branding, pricing, scheduling systems, lesson formats, access systems, and payment systems used through the business. Low Brass Lessons may assign, reassign, or substitute instructors when reasonably necessary for scheduling, safety, continuity, staffing, illness, business operations, or customer service.
Low Brass Lessons may maintain and rely on internal records and third-party records, including calendar records, payment records, access logs, reminder and attendance confirmations, and related system records, when administering scheduling, billing, charge disputes, access disputes, reschedules, refunds, and no-show determinations.
6. Scheduling; Attendance; Billable Session Rules
Customers and students must arrive on time, use the correct lesson link or physical location, and be prepared with the required instrument, materials, and technology. A late arrival does not extend the scheduled end time unless Low Brass Lessons expressly approves an extension.
Subject to applicable law and any contrary written policy from Low Brass Lessons, a scheduled lesson or consultation may remain billable if the student or purchaser arrives late, uses the wrong link, uses the wrong location, leaves early, abandons the session, or otherwise fails to timely participate in the scheduled session.
A lesson is treated as a no-show for Company record purposes if the scheduled lesson end time passes and the student did not arrive for the lesson, subject to correction if Low Brass Lessons determines that the record was erroneous.
Low Brass Lessons may determine completed, partially completed, missed, delivered, chargeable, non-chargeable, canceled, or reschedulable status using its internal and third-party records.
7. Cancellation; Rescheduling; Missed Lessons; Makeups
The standard cancellation notice window is twenty-four (24) hours, and the standard rescheduling notice window is twenty-four (24) hours, unless Low Brass Lessons posts or confirms a different rule in writing for a specific plan or booking.
Low Brass Lessons is not required to provide makeups, credits, refunds, or reschedules for late cancellations, missed sessions, no-shows, technology-related participation failures, wrong-link or wrong-location errors, or similar customer-side failures, but may choose to do so in its discretion.
Recurring lesson arrangements reserve ongoing calendar capacity. Rescheduling and makeup requests for recurring arrangements are subject to availability, business capacity, instructor availability, and any further rules Low Brass Lessons communicates for the arrangement.
8. Online Lessons
Online lessons must occur through the designated links and delivery methods provided or managed by Low Brass Lessons. Customers may not move Company lessons to private or off-platform arrangements without Low Brass Lessons' written consent.
Customers are responsible for reliable internet, compatible devices, audio and video functionality, browser permissions, and all other technology needed to participate. Low Brass Lessons is not responsible for reduced lesson value, delay, interruption, or failure caused by customer equipment issues, internet issues, browser issues, user error, or third-party platform downtime.
Unless Low Brass Lessons expressly authorizes otherwise in writing, no lesson, consultation, communication, or session content may be recorded, screen-captured, livestreamed, retransmitted, or redistributed.
9. In-Person Lessons; Environment; Safety; Assumption of Risk
In-person lessons may occur in homes and other approved spaces. Any non-home third-party location, including a school, church, or rehearsal room, must have written approval for use from the location owner and from Low Brass Lessons.
The customer is responsible for preparing and maintaining a safe, quiet, suitable lesson environment and for disclosing pets, hazards, access barriers, building rules, unsafe conditions, or other material environment facts in advance.
Low Brass Lessons and the instructor may pause, shorten, relocate, decline, or end a session if the environment is unsafe, unsuitable, unlawful, or materially disruptive.
Participation in in-person Services involves inherent risks, including travel risks, premises risks, instrument-handling risks, ordinary physical strain, and risks associated with entering or using third-party premises. To the maximum extent permitted by law, the customer knowingly and voluntarily assumes those risks for the customer and the student.
11. Recurring Lessons and Autopay
Recurring lesson arrangements may include or require autopay. If you enroll in a recurring lesson arrangement with autopay, you authorize Low Brass Lessons to charge the payment method on file for the first scheduled lesson upfront and to charge later scheduled lessons after delivery or completion in accordance with company records and calendar-confirmed lesson status.
Low Brass Lessons may use calendar-confirmed lesson end times and related system records when deciding whether a lesson has reached chargeable status. You agree that those records may be used to determine whether a follow-up recurring lesson charge is due.
If you prepay for all lessons in an arrangement, no further per-lesson charge is due for the prepaid lessons.
12. Failed Payments; Retries; Suspension
If a payment method is declined, expires, becomes invalid, is blocked, or otherwise fails, Low Brass Lessons may retry the charge, request updated payment information, suspend scheduling, suspend upcoming sessions, suspend digital access, cancel future bookings, or take other lawful action.
You authorize Low Brass Lessons to retry failed charges for authorized lesson and subscription charges unless Low Brass Lessons confirms in writing that the charge has been canceled or the arrangement has been terminated.
Low Brass Lessons may suspend scheduling privileges and access to digital materials while a payment remains overdue.
13. Subscriptions; Auto-Renewal; Cancellation
Low Brass Lessons offers a monthly sheet music subscription priced through the checkout flow. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE RECURRING CHARGES UNTIL THE SUBSCRIPTION IS CANCELED.
Unless applicable law requires otherwise, subscriptions renew automatically for successive billing periods until canceled. Cancellation stops future renewal charges only and does not retroactively reverse charges for the current paid billing period.
Customers must use the Stripe cancellation method or any replacement cancellation method clearly disclosed by Low Brass Lessons in subscription emails or through contacting support.
Subscription content, included files, access methods, and catalog scope may change prospectively.
14. Taxes; Pricing; Pricing Errors
Customers are responsible for applicable taxes except taxes imposed on Low Brass Lessons' net income. Taxability may vary by jurisdiction, product type, and the customer information provided to the checkout flow.
Low Brass Lessons may correct obvious pricing, tax, arithmetic, or typographical errors before or after checkout and may cancel or refuse materially erroneous orders.
15. Refunds; Chargebacks; Payment Disputes
Digital product purchases generally are non-refundable. Subscription charges generally are non-refundable once the billing period begins. Lesson charges generally are non-refundable except where Low Brass Lessons expressly grants a refund, credit, or reschedule, or where a refund is required by law.
Low Brass Lessons may deny refund, credit, or reschedule requests that conflict with its records or that appear abusive, repetitive, fraudulent, or bad faith.
You agree not to initiate abusive or bad-faith chargebacks or payment disputes. If you initiate a chargeback or payment dispute in bad faith, Low Brass Lessons may suspend Services and digital access, contest the dispute using its internal and third-party records, and seek recovery of amounts owed and reasonable dispute-related costs to the extent permitted by law.
16. Digital Content License
All sheet music, PDFs, previews, excerpts, audio files, browser-gated materials, subscription content, product pages, curriculum materials, and related content made available through the Services ("Content") are owned by Low Brass Lessons or its licensors and are protected by copyright, trademark, contract, and other laws.
Subject to payment, subscription status, and compliance with these Terms, Low Brass Lessons grants the purchaser only a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely for the purchaser's own personal, internal, non-commercial educational use.
17. Content Restrictions
Except as expressly authorized in writing by Low Brass Lessons, you may not share, lend, forward, upload, post, publish, distribute, resell, sublicense, repost, publicly display, publicly perform, commercially exploit, or otherwise transfer any Content.
You may not provide purchased or subscribed Content to another teacher, school, studio, friend, family, ensemble, institution, or business that did not independently obtain rights from Low Brass Lessons.
You may not use the Content, lesson systems, catalog structure, or other protected materials or know-how from Low Brass Lessons to start, support, market, or operate a competing lesson studio, sheet music business, subscription business, educational business, or product line.
You may not remove watermarks, proprietary notices, legends, metadata, or protective markings.
18. Access Controls; OTPs; Anti-Circumvention
Low Brass Lessons may use OTPs, expiring links, email-based access, browser-based gating, watermarking, database-ledger access controls, and related protective measures.
You may not bypass, probe, test, tamper with, disable, defeat, or attempt to circumvent any access control, access ledger, credentialing method, protective token, or watermark.
Unauthorized circumvention may result in immediate suspension or termination of access without refund to the fullest extent permitted by law and may support claims for injunctive relief or damages.
19. Scraping; Bulk Downloading; AI Training Prohibition
You may not scrape, mine, harvest, bulk-download, mirror, reverse engineer, benchmark, or use any Content, protected material, or Service output to train, fine-tune, test, or improve any machine-learning, artificial-intelligence, or automated content system.
20. Consultations
Consultations are educational informational sessions offered through Low Brass Lessons. Unless Low Brass Lessons expressly states otherwise, consultations are not trial lessons, diagnostic medical services, therapy sessions, or guarantees of future instructor placement or outcomes. Consultation access may be delivered through the same generated links used for online lessons.
21. Communications; Reminders; Third-Party Systems
By using the Services, you consent to receive transactional, scheduling, billing, access, reminder, and safety-related communications by email, calendar invitation, phone, text, or similar means.
Low Brass Lessons may rely on third-party systems, including payment processors, email systems, cloud systems, scheduling systems, calendar systems, and video platforms. Low Brass Lessons is not responsible for outages, delays, or failures of third-party systems outside its reasonable control.
22. Release; Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE LOW BRASS LESSONS AND ITS OWNERS, INSTRUCTORS, CONTRACTORS, LICENSORS, AND AFFILIATES FROM CLAIMS ARISING FROM YOUR OR THE STUDENT'S PARTICIPATION, CUSTOMER-PROVIDED PREMISES, TRAVEL TO OR FROM LESSONS, TECHNOLOGY ISSUES, THIRD-PARTY PLATFORM FAILURES, OR DISPUTES WITH THIRD PARTIES, EXCEPT TO THE EXTENT CAUSED BY LOW BRASS LESSONS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE SUCH LIMITATION IS PROHIBITED.
23. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOW BRASS LESSONS AND ITS OWNERS, OFFICERS, EMPLOYEES, INSTRUCTORS, CONTRACTORS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST GOODWILL, LOST EDUCATIONAL OPPORTUNITY, OR PROPERTY LOSS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF LOW BRASS LESSONS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LOW BRASS LESSONS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
24. Indemnification
You agree to defend, indemnify, and hold harmless Low Brass Lessons and its owners, officers, employees, instructors, contractors, licensors, and affiliates from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your breach of these Terms, (b) your misuse of the Services or Content, (c) your payment disputes or chargebacks, (d) your violation of law, (e) your infringement or circumvention of rights or access controls, or (f) injury, loss, or dispute involving a minor you register or supervise.
25. Suspension; Termination
Low Brass Lessons may suspend, restrict, or terminate any account, booking, subscription, access credential, or other use of the Services at any time if it reasonably believes you violated these Terms, failed to pay, misused Content, created a safety concern, interfered with operations, or posed legal, security, or reputational risk.
Termination does not relieve you of obligations incurred before termination and does not create any right to a refund except where required by law.
26. Binding Individual Arbitration; Class Action Waiver
Except for (a) a claim that qualifies for small claims court or (b) a claim by Low Brass Lessons seeking temporary, preliminary, or permanent injunctive or other equitable relief relating to intellectual property, confidential information, payment collection, access controls, misuse of Content, or threatened safety or reputational harm, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by final and binding arbitration on an individual basis.
The arbitration shall be administered by the American Arbitration Association under its applicable consumer arbitration rules in effect when the claim is filed, except as modified by this section or as otherwise required by applicable law. The arbitration may be conducted in Maricopa County, Arizona, or by remote means if allowed by the administrator and agreed by the parties or ordered by the arbitrator.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
If a court of competent jurisdiction determines that the class-action waiver in this section is unenforceable as to a particular claim or request for relief, then that claim or request for relief shall proceed in a court of competent jurisdiction and not in arbitration, while the remainder of this section shall be enforced to the fullest extent permitted by law.
27. Governing Law; Venue
These Terms are governed by Arizona law, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, unless applicable law requires otherwise.
28. Electronic Contracting
You agree that Low Brass Lessons may present these Terms, authorizations, acknowledgments, and related records electronically, and that your electronic acts – including clicking a checkbox, selecting a consent box, clicking a purchase or booking button presented with linked terms, typing your name, or using another electronic signature process offered by Low Brass Lessons – may constitute your electronic signature and acceptance to the extent permitted by law.
29. Changes to Terms
Low Brass Lessons may update these Terms from time to time. Revised Terms become effective when posted or on the later effective date stated in the revised Terms. Continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by law.
30. Contact
Questions and legal notices regarding these Terms should be directed to:
Low Brass Lessons scheduling@lowbrass-lessons.com