Queen Frequency LLC, AHA Sound Sanctuary, and Scarlett de la Torre’s

Enrollment Agreement

Hello and welcome! We are thrilled that you want to manifest the life of your dreams using the power of sound. But first, we need to establish some guidelines that govern our legal relationship with one another. By enrolling in, participating in, or using any of our Services or Materials, you agree to comply with and be bound by the following Terms of Enrollment. If you disagree with any part of these Terms of Enrollment, you may not enroll in, participate in, or use any of our Services or Materials.

If you have any further questions or concerns regarding these Terms of Enrollment, please feel free to contact us at portal@ahasoundsanctuary.com.

These Terms of Enrollment  are effective as of January 1, 2022.

Enrollment Agreement and Terms of Service: a legal and binding contract pursuant to which the student and users of ahasoundsanctuary.com and scarlettdelatorre.com will adhere to Queen Frequency LLC’s AHA Sound Sanctuary Program rules, policies, regulations and agreements. By using these sites, you agree to these terms. 

This Program Agreement (“Agreement”) sets forth the terms and conditions of your (“you” or “student”) use of the products and services offered by AHA Sound Sanctuary, Scarlett de la Torre, Queen Frequency, AHA School Of Sound Source-ry, Musical Activation Experience, Vocal Activation Experience and all Masterclasses (“The Program”). By enrolling in or using the Program or ahasoundsanctuary.com or scarlettdelatorre.com, you confirm your acceptance of these agreements, including the arbitration, class-action waiver, and limitation of liability provisions contained in the Agreement.

1. DEFINITIONS
For purposes of these Terms of Enrollment, the following terms shall have the meanings defined below. 

  1. “AHA”, “AHA Sound Sanctuary”,“Aural Healix Alchemy”, “Scarlett de la Torre”, the “company”, “us”, “our” and “we” means Queen Frequency LLC, whose registered office is located at 2219 Main Street Unit #1114, Santa Monica, CA 90405 as well as any subsidiaries, partners, affiliates, contractors, employees, or vendors Queen Frequency LLC may collaborate with or employ from time to time.

  2. “Customer,” “you”, “your” and “yourself” means any enrollee, participant, student, receiver or user of our Services or Materials that is a party to this agreement.

  3. “Graduation” means your completion of our Services and Materials.

  4. “Materials” means any information, products, methods, resources, transcripts, manuals, course content, certificates, vouchers, coupons, technologies, music, audio & video recordings, instruments, curriculums, modules, and tools that we provide to you.

  5. “Services” means any in-person or online virtual intensives, events, workshops, healings, sessions, audio & video recordings, consults, retreats, courses, mentorships, or programs, we may offer from time to time.

  6. “Terms” means these legal and binding Terms of Enrollment.

  7. “Website” means http://www.ahasoundsanctuary.com and/or http://www.scarlettdelatorre.com

2. GENERAL

These Terms, our Services, and our Materials may change at our discretion at any time and without prior notice. All orders or purchases of our Services and Materials are governed by these Terms. The purchase of any Services and Materials is strictly limited to parties who can lawfully enter into and form contracts with us in accordance with the laws of the jurisdiction of their residence.

Our Services and Materials are for sale strictly to individuals 16 years of age and older. Misrepresentation of your age is not the responsibility of AHA

3. HOW WE PROCESS YOUR ORDER

Please read the following carefully about placing an order for our Services and Materials on our Website.

  1. In order to purchase our Services and Materials through our Website, you will be requested to register and provide personal details. In particular, you must provide your email address and any other requested information as indicated.

  2. When placing your order on the Website, you, as the purchaser, will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

  3. When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in these Terms.

  4. All orders are subject to acceptance and availability. We reserve the right not to accept your order in the event that:

    1. we are unable to obtain authorization for payment; or

    2. we are unable to take on more enrollees or participants for the Services due to limited resources; or

    3. the order placed is incomplete or inaccurate due to technical or other reasons beyond our control.

If we do not accept your order, any legally binding obligations described herein will cease.

  1. Once a choice has been made and the order has been placed, you will receive an introductory email acknowledging the details of the order. This email is NOT our acceptance of the order. Acceptance of the order and Terms between you and AHA will be perfected when we send an email to you confirming acceptance of your order.

4. PRICE AND PAYMENT
4.1 Price. Prices for our Services and Materials are in United States Dollars (USD). All prices and offers remain valid and as advertised from time to time. The price of our Services and Materials are displayed on the Website at the time an order is accepted and will be honored. Prices are subject to change without notice.
4.2 Fees. The tuition fees and/or rates applicable to any Services and Materials are set out in the online order form on our Website (the "Fees"). PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. 

We are not liable for any payments that are not completed because: (1) your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account; (2) you have not provided us with correct payment account information; (3) your credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).

All payment is exclusive of any taxes or duties imposed by your jurisdiction’s tax law. We will not be responsible for any taxes or duties owed by you.

4.3 Promotions. From time to time, AHA may offer its Services to new or existing enrollees at discount or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form that you used to purchase the Service.

4.4 Payment of Fees. You agree to pay any Fees in full and on time via the Payment Plan or Payment-in-Full options. Payment is non-negotiable and includes and reflects any and all savings, special offers, or discounts attached to your enrollment. No further savings, discounts, or special offers will be applied after enrollment. The registration fee is included in all payment plans, and is not an additional charge. Payment plans are non-refundable and the student also agrees not to make a chargeback for the funds should there be a default to agreement. 

We accept payment by PayPal, Apple Pay, Stripe, Zelle, Wire Transfer, or Venmo. Available payment methods may vary from time to time and region to region. 

4.5 Advance. Payment for our Services is in advance. When you purchase one or more of our Services, you are required to pay the full amount of Fees (or Payment-in-Full) for the initial term and any additional  taxes or fees stated on the order form at checkout. We may offer an alternative Payment Plan  in the order form during checkout from time to time subject to additional terms and conditions at the time of purchase. 

If your Payment is overdue under any applicable Payment Plan, we will use reasonable efforts to provide email notice to you of any outstanding balance within three (3) business days after the due date. Notwithstanding the preceding sentence, if the payment is not received within three (3) business days from the due date, we reserve the right to cancel your membership and terminate your access and use of any Services or Materials. Further, we reserve the right to refer you to a collections agency if payment is not received within thirty (30) business days after the due date, and you may be subject to costs and charges imposed by any such collection agency. AHA shall also be entitled to recover its own collection costs, including legal fees and expenses. AHA, in its sole discretion, will determine whether you have violated this paragraph and whether to enforce the foregoing penalties. You agree that AHA’s determination is final and inclusive.

4.6 No Refunds. All sales of our Services and Materials are FINAL and NON-REFUNDABLE at the time of purchase and you waive any rights to charge-back your purchase with your credit card processor or financial institution. Any and all payments will not be prorated if cancellation occurs during a billing cycle.

5. CANCELLATION & CREDIT TRANSFERS 

5.1 No Cancellations. Because all sales are FINAL and NON-REFUNDABLE at the time of purchase, we do not allow your cancellation of our Services subject to any exceptions in this section.

5.2 Credit Transfers. If you are unable to attend a previously purchased Service due to any of the conditions listed below in this paragraph,  you may use your payment as a full credit for one of our other Services within 1 year of initial purchase date. (the “Credit Transfer”). 

  1. Attendance or participation in the Service is prohibited by state or federal COVID-19 regulations;

  2. You have tested positive for SARS-CoV-2 within fourteen (14) calendar days of the Service’s initial start date and can provide written documentation for the positive test result;

  3. If we cancel or terminate the Service following your enrollment, but prior to your Graduation for any reason that does not relate to your potential breach of any of these Terms.

Credit Transfers are only good for one (1) transfer and must be used within one (1) year of initial Service’s purchase date. Any food and lodging fees submitted are subject to the policy of the center, venue and/or resort.

To process a potential Credit Transfer, please reach out to us at portal@ahasoundsanctuary.com

6. TERMINATION

6.1 Termination with Notice. These Terms become effective upon your enrollment in our Services. We may terminate any Service, at any time, for any reason. We will use reasonable efforts to give  you at least 5 business days written notice of the termination date. 

6.2  Termination without Notice. We reserve the right to terminate any Service immediately,  and without prior notice to you:

  1. if you breach section 4 (PRICE AND PAYMENT);

  2. if you breach section 8 (RESPONSIBLE USE AND CONDUCT);

  3. if you breach section 14 (INTELLECTUAL PROPERTY);

  4. if you breach section 16 (CONFIDENTIALITY); or

  5. if you breach any other section of these Terms.

7. AMENDMENT

If we amend these Terms, we may, but are not obliged to, ask you to actively confirm your consent to any amended Terms. If we do not ask you to confirm your consent to any amended Terms, but you continue to use our Services or Materials after the changes come into effect, you will be deemed to have agreed to abide by the amended Terms.

8. RESPONSIBLE USE AND CONDUCT 

By enrolling in our Services and using the Materials, you agree to use the Services and Materials only for the purposes intended as permitted by (a) these Terms, and (b) any applicable laws, regulations and generally accepted practices or guidelines. 

You hereby agree that: 

  1. You will exercise kindness when using our Services and Materials. We reserve the right to withdraw access to our Services and Materials if you use abusive or disparaging language toward other participants or our personnel. We are a container of mutual respect and equanimous conflict resolution.

  2. Any warranty, express or implied, shall be voided by improper use.

  3. In order to access our Services and Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.

  4. You are solely responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services and Materials. Accordingly, you are responsible for all activities that occur under your account/s.

  5. You are solely responsible for ensuring that you have the appropriate hardware, software, Internet access, transportation, lodging, and/or any other equipment necessary to participate in our Services or use our Materials.

  6. Accessing (or attempting to access) any of our Services and Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services and Materials through any automated, unethical or unconventional means.

  7. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our virtual Services and Materials are located or connected, is strictly prohibited.

  8. Attempting to copy, duplicate, reproduce, sell, trade, provide unauthorized access to, or resell our Services and Materials is strictly prohibited.

  9. Any individual who attends and/or participates in our Services must purchase and enroll in the same in accordance with these Terms. You are strictly prohibited from bringing any unenrolled or unauthorized individuals to our Services. AHA, in its sole discretion, reserves the right to refuse or prevent access to our Services and Materials for any non-compliance with this policy or these Terms. Notwithstanding the foregoing, AHA, in its sole discretion, may permit an unenrolled individual to attend our Services from time to time. You must receive permission from an authorized AHA employee at least two business days prior to the date of the Service in order to bring an unenrolled guest. Any guests agree to comply with these Terms and must execute any additional documents that we may require prior to participating in our Services.

  10. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

  11. We may provide various open communication tools on our Website relating to our Services and Materials, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content relating to the Services and Materials on our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

    1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

    2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

    3. contains any type of unauthorized or unsolicited advertising;

    4. impersonates any person or entity, including any AHA employees or representatives.

  12. We have the right at our sole discretion to remove any content relating to the Services and Materials that we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  13. We do not assume any liability for any content posted by you or any other third party users on our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn't violate or infringe on any third-party copyrights or trademarks, becomes the property of AHA, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Materials.

  14. You will not disparage us or our Services. For purposes of this paragraph, “disparage” shall mean any negative statement, whether oral or written, whether in print or electronic form, including, without limitation, on any Internet site or web application such as Facebook, YouTube, Instagram, Twitter, TikTok, ClubHouse, chat forums, communities, and/or message boards.

  15. You will complete the Services fully and completely as prescribed within the Materials in order to Graduate and receive any relevant certifications.

9. OPT-IN OPT-OUT POLICY
By providing your registration details when purchasing our Services, you automatically opt-in to our email marketing distribution list. We may from time to time contact you by email with information on new products, special discounts, or other information we believe may be of interest to you. You may opt-out of our email marketing distribution list at any time by using the unsubscribe link provided in the email or by emailing us at portal@ahasoundsanctuary.com. You may opt-out of live video participation in our Services, where applicable, upon providing advance written notice to AHA within two business days of beginning the program. If we do not receive advance written notice indicating your desire to opt-out of live video participation in our Services within two business days of beginning the program, you automatically waive your right to opt-out of live video participation.  

10. LIMITATION OF WARRANTIES & DISCLAIMERS 

By using our Services and Materials, you understand and agree that all Services and Materials we provide are "as is" and "as available". We do not represent or warrant to you that:

  1. you will obtain any and all of your desired goals or outcomes from the use of our Services and Materials;

  2. the use of our Services and Materials will meet your needs or requirements;

  3. the use of our Services and Materials will be uninterrupted, timely, secure or free from errors;

  4. the information obtained by using our Services and Materials will be accurate or reliable;

  5. any defects in the operation or functionality of any Services and Materials we provide will be repaired or corrected.

Furthermore, you understand and agree that: 

  1. any content downloaded or otherwise obtained through the use of our Services and Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content;

  2. no information or advice, whether expressed, implied, oral or written, obtained by you from us or through any Service and Materials that we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms;

  3. you may encounter theories or other information regarding financial projections or the “abundance” generation. We make no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of our Services and Materials, and that we have not authorized any such projection, promise, or representation by others. There are no guarantees of results or future earnings;

  4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE PRODUCT WARRANTY, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF OUR SERVICE AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH ANY SERVICE OR MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN;

  5. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES AND MATERIALS OR ANY HYPERLINKED THIRD-PARTY WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS.

11. LIMITATION OF LIABILITY 

11.1 Limitation of Damages. In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us, whether out of contract, tort, or any other legal theory of liability, shall be limited to the amount you paid, if any, for use of the Services and Materials. We will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our, Services and Materials, or as a result of any changes, data loss or corruption, health implications of any kind, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

11.2. Health Waiver. Any use of our Services and Materials, including but not limited to spiritual/emotional work, breathwork, yoga, sound meditation, or any other form of alternative healing and wellness is not a substitute for direct medical advice from your doctor or other licensed health care professional, medical or psychiatric examination, medical diagnosis or medical treatment. The information and content provided as part of the Services and Materials is intended for informational purposes only. It is not intended to diagnose, mitigate, treat or cure any disease or condition. 

You represent and warrant that :

  1. You understand your use of our Services and Materials is voluntary and may subject you to the possibility of medical or physical injury, which may be minimal, serious and/or result in death and loss of or damage to your property (the “Risks”).

  2. You have consulted with and been evaluated by a doctor or other licensed health care professional, and you are of adequate health and physical fitness to use our Services and Materials.

  3. You understand that we are not licensed health care professionals and that we do not conduct and are not responsible for conducting any medical or physical evaluations to ensure that you are of adequate health and physical fitness to use our Services and Materials.

  4. You understand that none of the exercises, instructions, or techniques that are part of our Services and Materials are intended to cause medical or physical injury or death. You are solely responsible for using proper technique and ceasing any activity that is causing pain or discomfort of any kind, and reporting the same to our personnel immediately.

You hereby release and hold harmless AHA and any of its subsidiaries, partners, agents, affiliates, contractors, employees, or vendors from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, or related to the Risks.

13. FORCE MAJEURE

We are not responsible for delays or failures to perform our responsibilities under these Terms due to causes beyond its control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, pandemics, strikes or other labor problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, malicious code, denial of service attacks, and inability to obtain energy. You shall not be granted a refund for any such delays or failures. Further, nothing contained in this clause shall restrict us from charging Fees in accordance with these Terms.

14. INTELLECTUAL PROPERTY

14.1 Limited License. You acknowledge and agree that the Services and Materials or resources relating to the Services and Materials are our sole and exclusive intellectual property. You will have a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access our Services and Materials. This limited license is only for your personal, non-commercial use. You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, our Services and Materials, without our express prior written consent. In the event that you are licensed or otherwise authorized to use any Services and Materials, you agree to name us as your source of information and cite our Services and Materials.

14.2 Intellectual Property Assignment. You hereby assign all rights, title, and interest and give us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to any intellectual property you may directly or indirectly create in using our Services and Materials, which include the use of your name and likeness in connection with using our Services and Materials. You shall cooperate with us in obtaining execution of all necessary paperwork to perfect our title in such intellectual property including, but not limited to, intellectual property assignment and transfer contracts, documentation for registration and recordation with the United States Copyright Office, the United States Patent and Trademark Office, the World Intellectual Property Organization and any other government or non-government entity throughout the world, and/or any other formalities that may be required by applicable national and international laws and treaties.

14.3 Intellectual Property Enforcement. Our Services and Materials are protected by applicable copyright, trademark law and/or any other form of intellectual property law. We reserve the right to pursue all legal and equitable remedies for any unauthorized reproduction, copying, duplication, distribution, lending, selling, or otherwise transfer or disclosure of our Services and Materials to enforce our intellectual property rights. 

15. MEDIA RELEASE & WAIVER

You grant us and any of our authorized representatives the right to take photographs, videos, recordings, or other forms of written or visual media illustrating, displaying, or capturing your name, likeness, or image for our own commercial use. You grant us all rights, title, and interest to such photographs, videos, recordings, or other forms of written or visual media. You waive any right to inspect or approve the use of such photographs,  videos, recordings, or other forms of written or visual media. You further waive all moral rights to such photographs, videos, recordings, or other forms of written or visual media. You also waive any right to royalties or other compensation arising from or related to the use of such photographs, videos, recordings, or other forms of written or visual media. You hereby  release, defend, indemnify, and hold harmless us and any of our authorized representatives from and against any claims,  damages or liability arising from or related to the use of the photographs, videos, recordings, or other forms of written or visual media, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. 

16. CONFIDENTIALITY 

You agree that to treat confidentially the terms and conditions of these Terms and all information that relates to our Services, Materials, our members, business, and operations. This confidential information shall be used solely for your personal, non-commercial use of our Services and Materials pursuant to these Terms and, except as may be required in carrying out these Terms, shall not be disclosed to any third party without our prior, written consent. The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of these Terms, or that is required to be disclosed by or to any bank examiner, any Regulatory Authority, any auditor of the parties hereto, or by judicial or administrative process or otherwise by applicable law.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AHA and its parent company, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any Services and Materials, including any data or content transmitted or received by you; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

18. NOTICE 

Any notice or other significant communication given to you pursuant to these Terms will be in writing, addressed to any email address or address that you provided to us and that we have on file for you and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to AHA pursuant to these Terms will be in writing and sent to AHA at 2219 Main Street unit #1114, Santa Monica, CA 90405 by a nationally recognized courier. Notices will be deemed to have been received one business day following: (i) email transmission by AHA to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges prepaid.

19. RELATIONSHIP OF THE PARTIES

These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and us. We are an independent contractor. You do not have the authority (and shall not hold yourself out as having the authority) to bind us to any agreements.

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1 Governing Law. These Terms will be governed by the laws of the State of California without regard to conflict of law principles. The parties (a) irrevocably submit to the jurisdiction of any California or federal court sitting in Los Angeles, California in any action arising out of these Terms, (b) agree that all claims in any action may be decided in either court, and (c) waive, to the fullest extent that they may effectively do so, the defense of an inconvenient forum

20.2 Dispute Resolution. Any controversy or claim arising out of or relating to these Terms or any related agreement or any of the transactions contemplated by these Terms will be settled in the following manner: (a) the parties will meet to discuss and attempt to resolve the controversy or claim using good-faith efforts; (b) if the controversy or claim is not resolved as contemplated by clause (a), the controversy or claim shall be mediated by both parties prior to any party pursuing any other legal or equitable remedy in any other forum whatsoever (the “Mediation”). All such Mediations shall be conducted through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures by a professional neutral(s) with substantial experience in mediating and resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform; (c) if the controversy or claim is not resolved as contemplated by clauses (a) or (b), the parties will have such rights and remedies as are available under these Terms or, if and to the extent not provided for in these Terms, are otherwise available, excluding any arbitration proceedings.

21. SURVIVAL

The provisions herein shall survive termination of these Terms and the assignment of these terms by AHA to any successor in interest or other assignee.

22. SEVERABILITY

The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of any other provision of these Terms. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms are to be construed as if the invalid provision had never been included in these Terms.

23. WAIVER

No failure or delay by AHA in exercising any right under these Terms shall constitute a waiver of that right.

24. ENTIRE AGREEMENT

These Terms set forth the entire agreement between the parties hereto. These Terms supersede any and all prior agreements and understandings of the parties as to the subject matter herein (except with respect to any agreements regarding confidentiality obligations of either or both of the parties, which shall remain in effect). 

25. SIGNATURES

In order to expedite the execution of these Terms, your digital authorization via our Website by checking the box at checkout constitutes acceptance of this agreement. These terms may be executed in one or more counterparts either in written form, digitally, or by facsimile or .pdf signature, each of which shall constitute an original and all of which shall constitute one and the same instrument. I hereby waive any defenses to the enforcement of the terms of these Terms based on the form of signature or execution by counterparts.

Acknowledgement of Graduation Requirements.

I understand that the following are requirements for graduating from The Program and receiving my Program certificate.

—  Complete the full course (including participation, attendance, acknowledgement of watching replays, completion of modules and multimedia content + ongoing engagement in self-study & self-awareness) and participation in ONE Queen Frequency song circle. 

Acknowledgement of Self-Contract.

In committing to the Program, you agree to the following:

- Devotion to our time together- understanding that you are attending this course as an immersion in the voice arts, and will devote your time and energies to give full priority to this training, practicing self-responsibility & compassionate ownership of your emotions, thoughts, and actions, consistent engagement in self-study & self-awareness, and open contribution to the overall group experience.

- Full participation in modules- the understanding that tuition payment alone does not guarantee your graduation. Punctuality, participation/availability, final project & teaching practicum, showing up in a respectful, present & self-aware manner, demonstration of aptitude & capacity for facilitation/space-holding and completion of post-requisites will ensure successful completion of the training.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

 

By purchasing and enrolling in a AHA Sound Sanctuary, Scarlett de la Torre, Queen Frequency LLC, or AHA School Of Sound Source-ry, program/workshop/retreat/class/mentorship/masterclass virtual/in person events/performances, you agree to the above terms of Service.