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You must read this agreement before utilizing the services of the sessionpros.com website and Session Pros LLC. You must be at least 18 years of age to agree to and enter into this Agreement and, register to use of the Services. If You are under 18, You must present this Agreement to Your parent or legal guardian, and they must click “I Accept” and agree to and enter into this Agreement on Your behalf.

Welcome to the Session Pros service. This document (hereinafter the “Agreement”) is the legal, binding contract between you (hereinafter “You” or "Your," when the context so requires) and Session Pros, LLC (hereinafter “Session Pros”) that governs Your use of Session Pros services (hereinafter referred to, in whole and in part, as “Services”). By clicking “I Accept,” You, or your guardian if appropriate, accept each and every term of this Agreement. You further agree that by using the Services, You accept the terms of this Agreement. You agree that if, at any time, You do not agree to, or cannot comply with, the Agreement, then You must stop using the Services.

By accepting this Agreement, You represent that (i) You have read, understood, and agree to be bound by this Agreement; and, (ii) You are at least 18 years old, either entering into this Agreement for Yourself or entering on behalf of Your child or a child in Your legal care. If You are a parent or guardian entering this Agreement for the benefit of a child in Your legal care, You promise, agree, and acknowledge that You are fully responsible for the child’s use of the Services, including all financial charges and legal liability that the child may incur. If You do not agree to, or cannot comply with, any of these terms and conditions, do not check the acceptance box, do not attempt to access the Services, and do not allow the child to attempt to access the Services.

You agree and acknowledge that Session Pros reserves its right modify these terms from time to time, and in its sole discretion, and that unless explicitly stated otherwise, any new features added to the current Services automatically are subject to the then currently effective Agreement.

In order to use the Session Pros’ web site, You must have access to the World Wide Web, either directly or through devices that access web-based content. You agree and acknowledge that it is solely Your responsibility to pay any service fees associated with such access. You must provide all equipment necessary to connect to the World Wide Web. You also agree and acknowledge that the Services may include advertisements, and that these advertisements are necessary for Session Pros to provide the Services. You also understand and agree that the Services may include certain communications from Session Pros (such as service announcements and administrative messages), and You might not be able to opt out of receiving them.

Services provided by Session Pros:

You access the services of Session Pros through the member section of the web site at sessionpros.com. You must create an account either by clicking on “create account” or when prompted after submitting a session request. To create an Account, You must provide Session Pros with certain information (“Registration Data”). You promise to (i) provide to Session Pros accurate, current, and complete Registration Data, including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date), and (ii) maintain and update the Registration Data to keep it accurate, current, and complete. You agree and acknowledge that if You provide any information that either (i) is inaccurate, not current, or incomplete, or (ii) Session Pros has reasonable grounds to believe is inaccurate, not current, or incomplete, then Session Pros can suspend or terminate Your Account and refuse You any and all current or future use of the Services. Registration Data and certain other information about You are subject to our Privacy Policy, the terms of which are incorporated into this Agreement by reference. Click here to read our privacy policy.

You promise to maintain the confidentiality of Your password and the security of Your Account. You agree and acknowledge that You are solely responsible for maintaining the confidentiality of Your password and the security of Your Account, and You are fully responsible for all activities that occur under the Account and any actions taken in connection with the Account. You promise to immediately notify Session Pros of any unauthorized use of the Account, and any other breach of security for Your, or another user’s, Account. You agree and acknowledge that Session Pros cannot be, will not be, and is not liable for any loss or damage resulting from (i) a failure to comply with this security obligation, or (ii) any acts or omissions by You or anyone accessing Your Account, including any damages of any kind incurred as a result of such acts or omissions.

Company shall have the right to transfer and assign its rights in this Agreement, however, You shall not transfer any rights in the recordings, other than to license them, without the prior approval of Company, which approval shall not be unreasonably withheld. This Agreement will be governed by and construed under the laws of the State of California as applied to agreements entered into and to be performed entirely within California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. You shall hold Company, its employees, officers, directors, agents, affiliated parties, suppliers and licensees harmless from any damages, including attorney’s fees, arising out of any breach of any provision contained herein or claim by a third party that is inconsistent with your representations and warranties contained in this Agreement. Company may suspend or terminate Your account and Your access to Company’s website for (a) breach or violation of this Agreement; (b) requests by law enforcement or other governmental agencies; (c) unanticipated technical issues or problems; (d) Your violation of rights of others; and/or (e) inaccurate or incomplete registration information provided by You.

Using the Session Pros Services:

Recording Sessions: Upon submitting a session request Session Pros will review it, make changes if necessary, and contact you. You acknowlege that the “estimates page” is not always accurate and that Session Pros will work with you to achieve a proper estimate. This may include You sending in copies of your charts and Tracks for review. Upon acceptance of your session Session Pros will contact the artists You have chosen. If they are not available then you will be given the option to either wait until Your chosen artists are available, choose new artists, or have Session Pros recommend artists they feel might suit You. You understand the final decision to hire an artist is up to You and Session Pros is only recommending artists for your approval. Once all the details are accepted You will secure payment before the session begins. This means Half of the fee will be paid in advance the rest will be secured and charged upon completion of the session. (we may want to change this to full payment up front) The balance will be paid the day the final recordings are sent to You.

Critique Sessions: Upon Submitting a request for a Critique Session Session Pros will check with the selected artist for their availability. If they are not available then you will be given the option to either wait until Your chosen artists are available, choose new artists, or have Session Pros recommend artists they feel might suit You. You understand the final decision to hire an artist is up to You and Session Pros is only recommending artists for your approval. Once an Artist is finalized You will send in Your recording either by uploading to the Session Pros site, by email, or by mail on a CD. Before the Critique Session you must submit a Credit Card number or valid Pay Pal account to secure payment. Upon completion of the Critique Session you will be charged in full and your critique will either be mailed or emailed to you, or posted on you Membership Area.

Songwriter Sessions: You are required to send in music charts and lyrics for each song. You may also send a demo track if you’d like. In the submission area of your account you are required to give us details on the style you would like which may include names of songs similar to what you want. You understand that the songs will not be copies of the songs you mention. Once all the details are accepted You will secure payment before the Songwriter Session begins. This means Half of the fee will be paid in advance while the rest will be secured and charged upon completion of the session. (we may want to change this to full payment up front) The balance will be paid the day the final recordings are sent to You.

You understand that any Session Pros talent may refuse and recording session or Critique Session for any reason.

No advice or information, whether oral or written, obtained through or from the services creates any warranty not expressly stated in this agreement.

Upon the completion of any Session Pros project You will receive the completed master recordings. Upon your acceptance, You accept the recordings “AS IS” and You shall not be entitled to make any claim against Company and/or the Session Pros, including a demand for return of the fees paid. You will own the recordings, including any sound recording copyrights embodied in the recordings, and You may authorize the worldwide commercial release of the recordings, subject to the terms contained herein and within the terms of the contract. Session Pros, however, makes no guarantee as to the commercial success of the recordings. You may be required to credit the Session Pros Artists on any album or CD cover artwork if a Session Player so requests. You grant Session Pros the right, without compensation, to utilize examples of the recorded material for Session Pros’ limited promotional purposes.

You are solely responsible for securing any applicable licenses and/or permissions required to commercially release the Recording, including a first use mechanical license, if required, as well as payment to the copyright holders of the required license fees. Session Pros strongly encourages You to submit your copyrighted material, recordings and songs, for registration with the U.S. Copyright Office (“copyright.gov”). You must secure permission from the Session Pros Artists and/or their respective unions to commercially exploit the recordings in any format other than it‘s original intended use. Your failure to do so may result in an infringement action being filed against You in which event You shall hold Session Pros harmless from any liability, including attorney’s fees, Session Pros may incur as a result of such claim. Solely to enable Session Pros to use the information You supply, You grant Session Pros a non-exclusive worldwide, perpetual, irrevocable, royalty-free license to exercise the copyright, publicity and database rights in any media now known or not currently know with respect to the information You provide Session Pros.

You agree that Session Pros may make notices to You via either email or regular mail. Session Pros may also provide notices of changes to this Agreement, any incorporated agreement, or any other matter by generally displaying notices or links to notices to You on the Services. Session Pros respects the intellectual property and proprietary rights of others and insists You do the same. You promise not to use the Services if You cannot, or will not, respect the intellectual property and proprietary rights of others.

You agree and acknowledge that the failure of Session Pros to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

You agree and acknowledge also may be subject to additional terms and conditions that may apply when You use the Services, affiliate services, third-party content, or third-party software. You and Session Pros agree that if any provision of this Agreement or incorporated documents are found to be invalid by a court or other tribunal of competent jurisdiction, then (i) the other provisions of this Agreement remain in full force and effect, and (ii) the court or other tribunal construing this Agreement should, to the fullest extent of the law, give effect to the parties’ intentions as reflected in the provision.

You agree and acknowledge that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one year after such claim or cause of action arose or be forever waived and barred.


 
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