Terms And Conditions of Purchase and Refund Policy
Tom Hess Music Corporation, and all subsidiaries or affiliated brands and companies (hereinafter referred to as “THMC”, “We”, “Us” or “Our”) stand behind all of our products, services, coaching, training, teaching and events and your satisfaction is very important to us.
Tuition Information: You agree to pay Tom Hess Music Corporation, the tuition amount agreed for the event selected. Tuition includes the session(s) and applicable course materials. Transportation, lodging and food costs are not included.
- Warranties: You acknowledge that you are not relying upon any warranties, promises, guarantees or representations made by Tom Hess Music Corporation or any one acting or claiming to act on behalf of Tom Hess Music Corporation unless it is in writing and made a part of this Agreement. All advertising material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this agreement. This Agreement contains the entire understanding and agreement between you and Tom Hess Music Corporation. No salesperson of Tom Hess Music Corporation has authority to modify the terms of this Agreement.
- Subject to Change: Dates, times, schedule, locations/venues, presenters, speakers, trainers, teachers, coaches, structure, medium, and delivery of events including, but not limited to live streaming, virtual or recorded audio or video, are subject to change. We will notify you in writing of the changes made and you are not entitled to claim for a refund or for any costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such cancellation/amendment/changes.
- Transaction Fees: You may be charged foreign or other transaction fees by your bank in connection with this purchase, and you agree that you will be responsible for any such fees.
Transfer And Liquidated Damages:
Subject to the applicable transfer fees, you may transfer an event ticket one time; provided however that such transfer shall only be valid for an additional 12 months from the start date of the purchased event from which you are transferring. You must do so by notifying us in writing at least 15 days prior to the start date of the originally purchased event ticket. All transfer requests received by us after 15 days prior to the start of the originally purchased event will be denied and no transfer will be given. If you choose to transfer, your transfer is subject to availability of the next event. If you transfer your scheduled event, because it would be extremely difficult and impractical to assess the actual damages suffered by us because of your transfer, then as liquidated damages, and not as a penalty, a $500 liquidated damage fee applies, and in the cases other than forfeiture, will be added to any unpaid balance of your tuition for the event.
Transferring Tickets To A Third Party:
In the event that you are unable to attend the event you have booked and fully paid for, you can transfer your ticket to a nominated new attendee subject to written notification to us together with the full contact details of your nominated new attendee, at least 15 working days before the event starts.
Restrictions on third party transfers:
The nominated new attendee may not be a past or present student, customer, client of Tom Hess Music Corporation, have had attended any past event, be a current ticket holder, be a direct or indirect competitor of the Tom Hess Music Corporation, nor be a family member, girlfriend, boyfriend, employee, contractor, or vendor of a direct or indirect competitor of the Tom Hess Music Corporation.
Tom Hess Music Corporation reserves the right to reject, deny or eject any nominated attendee, at its sole discretion, for any reason whatsoever without refund, credit or rights to transfer the ticket.
If you transfer your fully paid ticket to a third party, because it would be extremely difficult and impractical to assess the actual damages suffered by us because of your transfer, then as liquidated damages, and not as a penalty, a 20% of the total ticket(s) price liquidated damage fee applies. All tickets are nontransferable without notifying to transfer the ticket for you.
If, after attending the first full day (of the first event listed on your event ticket), you are not completely satisfied, speak directly and only to Tom Hess personally. The money back guarantee is available to attendees between 17.00 and 20.00 CST (Chicago time) on day one of the first event listed on your event ticket. Requests made outside of these times stated will not be provided with a money back guarantee. Turn in your binder, event program, access pass and all other event related materials to Tom Hess personally, show your current hotel and travel reservation to prove you didn’t already plan to request a refund prior to the conclusion of the purchased events, and we will process a refund for the purchased event 30 working days after the conclusion of the last event of your purchased event ticket. The refund is for the purchased event tuition only. There will be no reimbursement for any transportation/accommodation costs or for any other costs you may have incurred. Our satisfaction guarantee does not apply to any transferred event tickets or virtual events. Refunds will only be given when all these conditions are met. Your right to claim a satisfaction guarantee refund does not apply to nonattendance of any event included in your event ticket(s), nor does it apply to any event ticket purchased by way of an affiliate promotion or affiliate link. By indicating to Tom Hess Music Corporation, any of its employees, representatives, contractors or other event attendees prior to the event that you may not fully attend all event days of all events listed on your ticket, you forfeit your right to claim a satisfaction guarantee refund.
Elite Guitar Teacher Mastermind Ticket:
In order to attend the Elite Guitar Teacher Mastermind event, you must be an active member (in good standing) of the Elite Guitar Teachers Inner Circle during the entire duration of the Elite Guitar Teacher Mastermind event. You also agree that by not being an active member of the Elite Guitar Teachers Inner Circle, you will not attend the Elite Guitar Teacher Mastermind event, and have no claim to any refunds or credits and may not transfer your ticket for use in the following year nor to any third party.
You also agree that your right to claim any refund, credit or transfer for any and all other Tom Hess Music Corporation events taking place in the same calendar year as the Elite Guitar Teacher Mastermind event will be nullified by your failure to meet the requirement of being an active member (in good standing) of the Elite Guitar Teachers Inner Circle during the entire duration of the Elite Guitar Teacher Mastermind event.
If you are blocked by another Elite Guitar Teachers Inner Circle member or banned from the Elite Guitar Teachers Inner Circle for any reason, including, but not limited to violation of Elite Guitar Teachers Inner Circle or Tom Hess Music Corporation policies such as copyright or trademark infringement or non-compete policies, you are not entitled to any claim for refund, credit or ticket transfer for any Tom Hess Music Corporation event nor for any costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such inability to attend the Elite Guitar Teacher Mastermind event.
Ticket-Holder Behavior Policy; Ejection and Cancellation:
In accordance with all federal and state laws, we reserve the right to refund tickets, deny access or refuse entry to any live event if we deem it in the best interest for the safety of the public, the speakers, employees and/or participants or for any other reason. You are not entitled to claim for any costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such denied access.
Notwithstanding anything herein to the contrary, no refund or credit shall be provided to you in the event you violate the Terms and Conditions of Use or the Terms and Conditions of Sale of this Website, or in the event you fail to abide by all rules and policies related to the venue where the event is located, which violation or failure results in your inability to gain admittance to the venue or ejection from the venue.
In the event your ejection from a venue results in the loss of a Third-Party’s ticket, you shall be liable for all costs, expenses and losses associated with such Third-Party loss.
At the event, ticket holders must show state or federal identification or a passport, and it must match the name of the ticket holder.
Cancellation Of Events:
We may cancel the event(s), without rescheduling, for any reason whatsoever by written notice to you. You acknowledge and agree that in the event the event(s) are cancelled by the Tom Hess Music Corporation, you are only entitled to a refund of the Investment which you have paid to us for your event ticket and that you shall not claim for any other costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such cancellation.
You further acknowledge and agree that any refunds payable to you shall be paid to you by us and will be made within thirty (30) days of written notice of cancellation. You shall have no further claims against us in respect of the cancellation thereafter.
By attending any Event, you hereby irrevocably grant to Tom Hess Music Corporation, affiliates, designees, successors, assigns and licensees, the right to photograph, audio record, video record and otherwise record you and use music, photographs, video, audio impressions of you and you playing, practicing and performing of any musical instrument and singing recorded by the Tom Hess Music Corporation and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future Tom Hess, Tom Hess Music Corporation and related companies and the respective designees, successors, assigns, licensees and affiliates and release all of the aforementioned from any liability with respect thereto.
You hereby waive all rights of copyright or ownership in or to the resulting commercial or educational and informational materials in which I appear and/or perform, and acknowledge no monetary or other compensation is provided in exchange for waiving this right. You also agree to allow all forms of distribution of your submitted course materials that accompany the images or your voice.
The materials and resources used in any Tom Hess Music Corporation related event are the exclusive property of the Tom Hess Music Corporation. They are available for use to you as the event participant. No part of these documents and resources can be stored, reproduced or transmitted in any form or by any means (electronic, photographic or mechanical), recorded, translated or used to produce any derivative works without explicit permission from the Tom Hess Music Corporation.
Confidentiality And Non-Disclosure:
All information shared during any Elite Guitar Teacher Mastermind session or event, Guitar Teaching Super Summit International event, is strictly confidential and intended for member use only. You hereby acknowledge to hold any information shared in strictest confidence, and not to use, except for the exclusive benefit of your guitar/music teaching business, or to disclose to any person, firm or corporation without explicit written authorization of Tom Hess Music Corporation, any confidential information obtained via Tom Hess Music Corporation or a fellow event participant.
Accident And Injury Waiver And Release Of Liability:
You hereby assume all of the risks of participating in any/all activities associated with the Tom Hess Music Corporation event(s) including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
You certify that by the start time of the event, you will have sufficiently prepared or trained for participation in this activity and have not been advised to not participate by a qualified medical professional. You certify that there are no health-related reasons or problems which preclude your participation in this activity.
You acknowledge that this Accident & Injury Waiver and Release of Liability will be used by the Tom Hess Music Corporation, and that it will govern your actions and responsibilities at said activity.
In consideration of your application and permitting you to participate in this activity, you hereby take action for yourself, your executors, administrators, heirs, next of kin, successors and assigns, as follows:
(A) YOU WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for your death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to you including your traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: The Tom Hess Music Corporation, (THMC) and/or their directors, officers, employees, volunteers, contractors, representatives, and agents, and the activity holders, sponsors, and volunteers;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
You acknowledge that Tom Hess Music Corporation and their directors, officers, employees, contractors, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
You acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for serious injury and property loss. The risks include, but are not limited to, those caused by guitar playing, facilities, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers. You hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
The Accident & Injury Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
YOU CERTIFY THAT YOU HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENT. YOU ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND YOU SIGN IT OF YOUR OWN FREE WILL.
If the provision of events and/or services as contemplated by this Agreement are prevented, cancelled or postponed because of an Act of God, inevitable accident, fire, blackout, flood, act of war, pandemic, or any other calamity, or if by reason of riots, strikes, lockouts, or governmental restrictions on travel or group meetings, or any other events beyond the direct control of the Tom Hess Music Corporation, you are not entitled to claim for a refund or for any costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such prevention, cancellation or postponement.
You confirm that you have been explained the scope and extent of the events, related materials and/or services covered and you acknowledge that the effectiveness of the events, related event materials and/or services provided to you depend on facts not under the control of the Tom Hess Music Corporation and the profitability of the same is not guaranteed.
Valid Contact Information:
You confirm that you have given a valid email address in the Order Form. We will not be responsible and/or liable for any delay and/or failure to deliver products and/or services to you resulting from your failure to supply a valid email address.
Event Customer Support Contact:
Please contact our Customer Support Department via email at: regarding all ticket questions.
If an event is purchased utilizing a monthly payment plan, you are responsible for 100% of agreed-upon payments equaling the sum of all scheduled payments for the event(s) you have purchased. If any payments are not received, the entire purchase is void and the payments made up to that point are forfeited and will not be refunded. Access to any digital product or platform will be removed. Any payment plans that include live events must be paid in full 15 days prior to the first event listed on your event ticket.
If your live event ticket was received as part of a bundle or was a bonus gift with purchase of another product, service or event for which there is a payment plan, the payment plan must be paid in full at least 15 days prior to the event or the ticket is considered forfeited and you will not receive any credit for the value of the ticket.
You hereby confirm that you consent to your email address being used for the mailing list of Tom Hess Music Corporation for purposes of notification of events, products and/or services being offered by Tom Hess Music Corporation and/or its affiliates. Your email address is kept confidential, and never will be published, sold or disclosed to third parties without your explicit consent. You can remove yourself at any time by using the unsubscribe link provided at the bottom of each email we send.
You agree to accept full responsibility your purchase, participation and/or the outcome of any decisions made after attending any Tom Hess Music Corporation services, programs or events. Tom Hess Music Corporation and its affiliated entities, associates and any of its representatives accept neither responsibility nor liability nor will it indemnify you for any and all costs, expenses, losses, damages, liabilities, which may be incurred or suffered by you as a result of these decisions.
You acknowledge and agree that while the Tom Hess Music Corporation presentation at the event is with the consent of Tom Hess Music Corporation, Tom Hess Music Corporation assumes no responsibility for the accuracy or appropriateness of any information provided at the event by the Tom Hess Music Corporation.
These Terms and conditions shall be governed by Illinois state law and you and we both agree to the exclusive jurisdiction of the Illinois courts.
By purchasing a ticket to and/or attending any of our events, you acknowledge and agree to be bound by the terms and conditions set forth in this Terms And Conditions of Purchase and Refund Policy. If you do not agree to these Policies, please do not attend the Event or purchase anything, or enter into any transaction with us.
Be sure to return to this Policy periodically to review the most current version of the Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Policy without prior notice; however, the date of any effective changes shall be reflected at the bottom of this page and upon request we will provide you with information regarding any changes made.
This policy was last updated on May 21, 2020.