These Terms & Conditions (“Agreement”) govern enrollment in and participation in the Indie Artist Development Masterclass (the “Program”), operated by Avidity Media, LLC, a Texas limited liability company, doing business as Avidity Recording Academy (“Company,” “we,” “us,” or “our”).
By registering for, accessing, or participating in the Program, you (“Participant,” “you,” or “your”) acknowledge that you have read, understand, and agree to be legally bound by this Agreement.
1. PROGRAM PURPOSE & EDUCATIONAL DISCLAIMER
The Program is a professional educational and artist development program providing general information regarding the music business, branding, marketing, and independent artist strategy.
No results are promised or guaranteed, including but not limited to income, chart placement, record deals, publishing success, audience growth, or career advancement. Results depend on individual effort, execution, market conditions, and factors beyond the Company’s control.
2. NO LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE
All information provided is for general educational purposes only and does not constitute legal, financial, tax, accounting, or business advice.
Participants are encouraged to consult licensed professionals regarding their individual circumstances.
3. INDEPENDENT RELATIONSHIP / NO MANAGEMENT OR AGENCY
Participation does not create an artist management, agency, partnership, joint venture, employment, fiduciary, or representative relationship between the Participant and the Company or Derrick Huggins.
Participants remain fully independent and solely responsible for their artistic, business, and financial decisions.
4. PAYMENTS, FEES & NO-REFUND POLICY
All Program fees are non-refundable once access to any Program materials, sessions, or content has been granted, regardless of participation level, completion, or perceived results.
If a payment plan is selected, Participant agrees to complete all scheduled payments. Failure to do so may result in suspension or termination of access and pursuit of lawful remedies.
5. PERSONAL GUARANTY FOR PAYMENT PLANS
If Participant enrolls using an installment or payment plan, Participant personally guarantees full payment of all amounts due. Default constitutes a material breach of this Agreement.
6. THIRD-PARTY PAYMENT PROVIDERS
Payments processed through third-party providers (including but not limited to Stripe, Klarna, Afterpay, Affirm, or Eventbrite) are governed by those providers’ terms. The Company is not responsible for fees, interest, disputes, or policies imposed by third parties.
7. CONFIDENTIALITY & NON-DISCLOSURE
The Program includes proprietary, confidential, and trade-secret information (“Confidential Information”), including methodologies, frameworks, templates, recordings, discussions, and materials.
Participant agrees to:
Maintain strict confidentiality
Not disclose, share, teach, sell, or distribute content
Not use Program materials to create competing products
These obligations survive termination indefinitely.
8. INTELLECTUAL PROPERTY RIGHTS
All Program content is the exclusive intellectual property of Avidity Media, LLC, protected by U.S. copyright and trademark law.
Materials are licensed for personal educational use only. Unauthorized reproduction, resale, sharing, or commercial use is strictly prohibited.
9. LIQUIDATED DAMAGES FOR MISUSE
Unauthorized use or distribution of Program materials causes irreparable harm. Participant agrees to liquidated damages of $10,000 per violation, plus injunctive relief, attorneys’ fees, and all available remedies.
10. DIGITAL RIGHTS MONITORING
Program materials may contain digital watermarks, fingerprints, access logs, or tracking identifiers. Tampering with or circumventing these measures constitutes a material breach.
11. RECORDINGS
Live sessions may be recorded for educational, archival, and internal use. Participation constitutes consent to such recordings.
12. CODE OF CONDUCT & TERMINATION FOR CAUSE
Participants must conduct themselves professionally and ethically. The Company may immediately terminate access, without refund, for:
- Disruptive or abusive behavior
- Confidentiality or IP violations
- Unauthorized sharing or chargebacks
- System abuse or misrepresentation
- Termination does not release payment or legal obligations.
13. FORCE MAJEURE
The Company shall not be liable for delays or failure caused by events beyond its control, including acts of God, pandemics, government actions, platform outages, power failures, or instructor illness. Delivery methods may be modified without refund.
14. ASSUMPTION OF RISK
Participant voluntarily assumes all risks associated with implementing Program information, including financial loss or business failure.
15. NON-DISPARAGEMENT
Participant agrees not to make knowingly false or malicious statements intended to harm the reputation of the Company or its representatives. This does not prohibit truthful or lawful reviews.
16. DISPUTE RESOLUTION & ARBITRATION
Any dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), conducted in the State of Texas, on an individual basis only.
Class actions and representative claims are waived.
17. FEE-SHIFTING
If a claim is found frivolous or brought in bad faith, the arbitrator may award the Company all arbitration costs and attorneys’ fees.
18. MANDATORY INFORMAL RESOLUTION
Participant must provide written notice of any dispute and allow 30 days for informal resolution before initiating arbitration. Failure to comply waives the right to arbitrate.
19. INJUNCTIVE RELIEF CARVE-OUT
The Company may seek immediate injunctive or equitable relief in Texas courts to protect Confidential Information, intellectual property, or system integrity.
20. WAIVER OF JURY TRIAL
Participant knowingly and voluntarily waives any right to a jury trial to the fullest extent permitted by Texas law.
21. ANTI-CIRCUMVENTION
Participant agrees not to bypass pricing, registration, payment systems, or safeguards. Any attempt constitutes fraud and material breach.
22. SURVIVAL
Payment obligations, confidentiality, IP rights, arbitration, fee-shifting, liquidated damages, injunctive relief, and non-disparagement provisions survive termination.
23. GOVERNING LAW & VENUE
This Agreement is governed by the laws of the State of Texas. Courts located in Texas have exclusive jurisdiction for permitted court actions.
24. SEVERABILITY
If any provision is deemed unenforceable, the remaining provisions remain in full force and effect.
25. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior representations or agreements.
26. FINAL ACKNOWLEDGMENT
- By registering, Participant affirms that they:
- Understand this is a non-refundable educational program
- Understand no results are guaranteed
- Agree to arbitration, confidentiality, liquidated damages, fee-shifting, and waiver of jury trial
- Have read and accepted these Terms & Conditions