Drum Teacher Academy Terms and Conditions

This Agreement is entered into by and between:

TotalDrummer.com (Coach)

And

The new Drum Teacher Academy member (Client)

Whereby Coach agrees to provide Coaching Services for Client.

Description of the Drum Teacher Academy –  Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximise both personal and company potential. It is designed to facilitate the development of goals and to build a strategy for achieving them through continued measurement, support and accountability.

1) Coach-Client Relationship

A. Client is solely responsible for creating and implementing his/her own decisions, choices, actions and results arising out of or resulting from the coaching relationship, and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.

B. Client further acknowledges that he/she will be involved in group sessions where ideas, help, support and implementation examples will be shared. The Client agrees that deciding how to handle these new concepts and what to incorporate into their life and business is the Client’s responsibility and will not hold liable or responsible any fellow members of the Total Drummer and/or Drum Teacher Academy guest experts and coaches for any actions or inaction.

C. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

D. Client understands that to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

2) Services

The parties agree to engage in a Drum Teacher Academy Coaching Program for the rolling membership period that they signed up for. The membership will auto renew at the end of tat period and the next payment will be taken. No refunds will be given, except for any promotional cooling off periods that are offered. The client may cancel their membership before any payments are taken at renewal without any penalties.

The engagement is delivered through the accelerator online training portal, weekly access to live group training via Zoom, and a VIP Facebook community.

3) Schedule and Fees

This coaching agreement is valid from the date of sign up via www.totaldrummer.com

The fee is as agreed upon sign up and will remain at that price point, regardless of any cost changes to new members in the future.

4) Confidentiality

Please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent.

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

5) Termination

You can cancel your membership at any time. As soon as you cancel you will stop any future payments being taken. You will still have access to the whole membership until your current payment cycle terminates. This might be one week, one month or one year depending on which membership basis you signed up with. Refunds (other than promotional refunds at the time of original sign up – see below) are not available once a payment has been made.

Instructions on how to cancel can be found at the bottom of the main membership page or here.

If you get stuck you can email at info@totaldrummer.com to get support with your cancellation.

6) Free trial period

If you were offered a free trial period at the point of sign up then that allows you to experience the Drum Teacher Academy as a full member without making any payments. Your payment details were taken at sign up so as soon as the free trial period ends, the first payment will automatically be taken. If you choose to leave during the free period then no payments will be taken. If you want to ensure no payments are taken then you must follow the steps outlined on this page to cancel the membership within the stated free trial period. If in doubt, please email info@totaldrummer.com for assistance. If you do nothing then the first payment will automatically be taken. Subsequent recurring payments will also automatically be taken until you take the necessary steps to cancel your membership.

7) Triple your money guarantee terms

If you were offered a ‘triple your money in 12 months’ guarantee when you signed up then this will be honoured. To redeem this simply email info@totaldrummer.com to get the process started. You must do this after 12 months since you signed up but no more than 13 months since the sign up.

To be eligible you will have to have earned less than 3 times what you spent on the Drum Teacher Academy membership within the first 12 months. For example, if the DTA has cost you £1,000 in the first 12 months and you have made less than £3,000 from teaching drums (regardless of whether they were existing students that you acquired before joining the DTA who paid you), within the first 12 months then you will be eligible as per the terms below.

You will need to show that you have made an adequate effort to make a success as a drum teacher.

This will include completing the accelerator and the core course within the DTA membership. Completion is deemed to be showing 100% progress within the course.

You will also have created the necessary marketing assets including requesting your Total Drummer teacher profile, creating a business Facebook page to promote your services, creating your Google My Business assets as outlined in the courses, and listing yourself as a drum teacher on at least three drum teacher online directories.

You will also need to have engaged with Total Drummer to a minimum level to ask for assistance if the business is not progressing as quickly as you would have liked. This would include at least six emails to Total Drummer within the first 12 months of membership. That allows us to give you adequate support to make sure you are taking the correct actions.

 8) Limited Liability

Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

9) Entire Agreement

This document reflects the entire agreement between the Coach and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both the Coach and the Client.

10) Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to thirty days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

11) Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

12) Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

13) Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the United Kingdom, without giving effect to any conflicts of law provisions.

14) Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.