Reservation Terms
By making a recording reservation or participating in a recording session at Parlando you are agreeing to these Reservation Terms. All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean Parlando Incorporated, a Colorado nonprofit corporation. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual making and/or participating in the session.
Sessions
Reserving a Session
We allow certain students and members of the public to reserve our recording studio (the “Studio”). All such reservations are subject to these terms. When making a reservation, the specific details of your reservation will be described in your reservation process on our website (or as otherwise disclosed to you in person or in writing). Please review those details carefully, including the date, time, and length, of your session. You (or your parent or legal guardian if you are a minor) must also sign a liability waiver with us before attending your session.
Guests
We may allow you to bring guests into your session. Each guest (or their parent or legal guardian if they are a minor) must sign a liability waiver with us before attending your session. You must provide us with each guest’s email address so that we can process signatures for those waivers. You must ensure your guests comply with these terms and you are liable for any breaches of these terms by your guests.
Limited License
If you reserve a session in the Studio and comply with all provisions in these terms, then we will grant you and your guests a limited, non-exclusive, non-transferable, and non-sublicensable, license to access and use the Studio along with the equipment described in your reservation process.
Reservation Fees
General
We charge an hourly rate to use the Studio in most situations (subject to a two hour minimum). However, we may provide fee waivers, scholarships, promotional offers, or similar offerings to reduce or eliminate the fees for a particular session. We may also provide fee credits to certain students who pay tuition or purchase similar products or services from us (all such credits will expire at the end of the applicable tuition or applicable term). We may offer one or more tiers of fees, and different fees for students and the general public. All such fees will be described in your reservation process.
Payment
By making a reservation, you are agreeing to pay us all fees associated with your session. In most situations, you must pay all such fees through the reservation website when you make your reservation, however, we may provide a different payment process on a session-by-session basis (such as invoicing).
Cancellations & Refunds
You may cancel a reservation any time by providing us written notice (including email). For cancellations made more than 24 hours before your reservation’s start time, we will issue a full refund (or waive any unpaid fees). For cancellations made within 24 hours of your reservation’s start time, you will remain liable for all reservation fees (we will not issue a refund, and you must promptly pay any fees not already paid).
Studio & Equipment
Studio Rules
We may maintain additional rules applicable to the use of the Studio and certain Studio equipment. You shall comply with all such rules.
No Food or Drinks
You and your guests shall not bring any food or drinks into the Studio.
Your Property & Equipment
We may allow you to bring your own equipment to the Studio to use in your session. However, we may restrict or terminate your right to bring equipment into the Studio, or your right to plug your equipment into the Studio or our equipment, at any time, for any reason, in our sole discretion. We will not be liable to you or any third party for any property or equipment you bring to the Studio or otherwise use in your session with us. You assume full responsibility for damage, loss, and theft, of the same.
Your Liability for Damages
If you or your guests damage or destroy any of our property or equipment, then you and each guest will be jointly and severally liable for all costs associated with all repairs or replacements related to the same.
Copyright
We do not claim ownership in works you create during your session. However, we retain all rights in any pre-existing works, materials, or content not related to your session. Our staff and you may separately agree in writing regarding copyright ownership or collaboration on works created during your session.
Indemnification
You shall indemnify us and our affiliates and all owners, directors, officers, managers, employees, contractors, and other representatives, of us and our affiliates (the “Protected Parties”) against all reasonable expenses and liabilities, including attorneys’ fees, costs, judgements, and damages of every kind (the “Losses”) arising from any threatened or filed suit, claim, investigation, or proceeding, which arises from the negligent or intentional acts or omissions of you or your guests, or your breach of or misrepresentation in these terms or any other agreement of which we and you are a party, except to the extent that a Protected Party negligently or intentionally caused those Losses.
Limitation of Liability
This paragraph will apply in addition to all other exclusions, disclaimers, and limitations of liability, to which you agree or acknowledge in these terms or elsewhere. We hereby specifically disclaim all warranties, implied or express, including without limitation the implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any action or omission of you, your guests, or any third party. We will not be liable for any loss of profits, sales, or revenues, loss of use, interruption of business, or damages, arising out of your use of the Studio or any services we may or may not provide to you. We will not be liable to you under these terms for consequential, special, exemplary, punitive, indirect, or incidental damages. Our liability under these terms will not exceed the amount you paid us for Studio rental time in the 12-month period immediately prior to the date your claim arose (if your Studio rental time was included in another payment format, such as tuition or another format, then the liability cap will be calculated on the portion of your total payments attributable to the Studio rental time).
Legal Provisions
Governing Law & Jurisdiction
These terms and all documents referenced in these terms and all disputes which arise under or relate to the same will be governed by and construed in accordance with the laws of Colorado excluding its conflict of law principles. You and we consent to jurisdiction in, and the exclusive venue of, the state courts in Boulder County, Colorado, or when applicable in the U.S. District Court having jurisdiction over that county, for all disputes which arise under or relate to these terms and all documents referenced in these terms.
Waiver of Jury Trial
You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to these terms and all documents referenced in these terms.
Force Majeure
A party will not be liable for a delay or non-performance of its obligations in these terms if: (a) the delay or non-performance is caused by a force majeure event beyond its reasonable control that makes it inadvisable, illegal, or impossible to perform (including pandemics, disasters, civil disorder, war, terrorism, unforeseen government regulation, strikes, and any other unforeseen emergency), and (b) it provides prompt written notice to the other party of the delay or non-performance.
Miscellaneous
Relationship of the Parties
These terms do not create any kind of partnership or other legal business entity among the parties.
Entire Agreement
These terms and all documents referenced in these terms contain the entire agreement between you and us related to your reservations and supersede all prior discussions and agreements (whether oral or written) by you and us related to the same.
Waiver
Any failure or delay by us to exercise any right or remedy in these terms will not operate as a waiver of the same. Any waiver by us of a breach by you of any provision in these terms will not operate as a waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by us.
Severability
Each provision in these terms and all documents referenced in these terms will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from these and all documents referenced in these terms, but the remaining provisions will remain in full force.
Assignment
You may not assign your rights or obligations in these terms or any documents referenced in these terms without our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights and obligations in these terms and all documents referenced in these terms at any time, for any reason, with or without notice to you.