Terms of Use

Total Drummer maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Total Drummer If you do not agree to these terms, do not use this Site.

1. Use of Site

Total Drummer provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). Total Drummer authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.

2. Trademark and Copyright

Total Drummer, and certain other brands, trademarks, and service marks are marks of Total Drummer and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.

3. Hyperlinks

Links to external websites are provided solely as a convenience to you. Total Drummer has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.

4. No Warranty

The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Total Drummer further does not warrant the accuracy and completeness of the Materials at this Site. Total Drummer may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Total Drummer makes no commitment to update the Materials at this Site.

5. Limitation of Liability

In no event will Total Drummer, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

6. Applicable Law

The Terms of Use are governed by the laws of the province of the United Kingdom. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. Total Drummer may assign its rights and duties under the Terms of Use without notice to any party at any time.

7. Effective Date and Updates

The Terms are effective as of October 7th, 2019 and are subject to change without notice by Total Drummer at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.

8. Services

The parties agree to engage in the Total Drummer Academy drum coaching program for the rolling membership period that they signed up for. The membership will auto renew at the end of that 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 pre recorded and live drum training lessons as well as resources to enhance the learning experience.

9. Schedule and Fees

This coaching agreement is valid from the date of sign up via https://www.courses.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.

10. 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.

11. 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 in the TD Academy Quick Start Guide.

If you get stuck you can email at [email protected] to get support with your cancellation.

12. Free trial period

If you were offered a free trial period at the point of sign up then that allows you to experience the Total Drummer 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 [email protected] 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. Binding Effect

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