Terms & Conditions
This is an Agreement between you, also known here as “the Member” or you, your etc, and Out Of The Blue Chorus, also known here as “OOTB Chorus” or us, we, our etc,. By following the joining process to become a member of OOTB Chorus you are accepting the terms and conditions in this Membership Agreement. Only join if you are willing to accept them.
Membership and Joining
1.1 This Membership Agreement commences once you have accepted the terms during the joining process. By accepting these terms you are agreeing to the terms including the obligation to pay any applicable fees which are shown to you during the joining process.
1.2 In making an application, Members are assumed to be medically fit to undertake the vocal and physical demands of OOTB Chorus.
1.3 You are entitled to access and use resources defined by your membership strictly for your own personal use and provided your fees are up to date.
1.4 It is a condition of your membership that you will not solicit any Members, Leaders, OOTB Chorus staff or any person associated with OOTB Chorus or performance/event organization on behalf of yourself or any third party or business enterprise to leave OOTB Chorus or join an alternative competing organization.
1.5 Only you, the person named in the joining process and identified as the registered Member, can benefit from this Agreement. You may not transfer your membership to any other person, nor allow them to attend or participate under your membership.
Choirs and Rehearsals
2.1 OOTB Chorus rehearsals run in term of three sessions a year. We reserve the right to alter the schedule and/or location of rehearsals to fit in with events, or with performances and any other events that may be taking place. No refunds will be given in these circumstances.
2.2 If rehearsals are cancelled due to illness or events outside of our control (weather, power failure etc.) then OOTB Chorus reserves the right to move the missed session online or will make reasonable endeavors to provide alternative rehearsal time throughout the season. No refunds will be given in these circumstances. OOTB Chorus will always endeavor to give as much notice as possible to members for any changes made to regular scheduled rehearsals.
2.3 Travel arrangements are to be made by each Member to rehearsals and performances unless it is agreed otherwise.
Fees
3.1 You agree to pay any applicable fees on the date shown in the online joining process and in the emails sent to you by OOTB Chorus. The fees payable are inclusive of the rate applicable at the current time.
3.2 It is the responsibility of a Member to ensure their payment method is set up correctly and their fees are being paid/collected successfully. While OOTB Chorus may inform you of any issues or errors that can occur from time to time, any overdue amounts will be payable in full.
3.3 Session Payments: OOTB Chorus has a one time fee per session that is required to be paid in full in order to gain access to Member Resources. Session Fees are collected at the following times: Fall – September, Winter – January, Spring– April, . New payment is required at the start of each session or the Member will not have access to weekly rehearsals or Member Resources.
3.4 Monthly Subscription: OOTB Chorus offers a monthly subscription that breaks the annual cost of the season into 9 payments throughout the year. This fee is collected on the same day you sign up each month. Payment is required monthly or the Member will not have access to weekly rehearsals or Member Resources.
Cancellation or Suspension by you
4.1 Session Subscription: Once you have signed up for a Session Subscription, cancellations are not permitted. if the member has extenuating circumstances that will no longer allow them to attend please notify us by email at info@ootbchorus.ca.
4.2 Monthly Subscription: You can cancel your monthly subscription at any time throughout the season with 30-days notice given to info@ootbchorus.ca. If 30 days notice is not received prior to the cancellation of your monthly membership, 50% of that months fee will be invoice to the member by OOTB Chorus.
Behaviors and Code of Conduct
5.1 OOTB Chorus aims to create a safe and positive environment for all its Members, leaders and staff. In order to do this, we must ensure acceptable standards of behavior from our Members. You must at all times comply with the following provisions (the “Code of Conduct”.
5.2 All Members should:
(a) be punctual to rehearsals and adhere to times and guidelines set by OOTB Chorus;
(b) respond to the leadership of the Choir Leader and official OOTB Chorus staff members;
(c) be co-operative with both OOTB Chorus staff and fellow OOTB Chorus Members;
(d) uphold an equal-opportunity environment;
(e) be respectful at all times to all members and staff.
5.3 All Members should not:
(a) engage in any form of negative or bullying behavior, whether written or verbal, towards others including OOTB Chorus members, Leaders, the office staff or to the rehearsal and performance environment/staff or audience;
(b) engage in any other form of inappropriate behaviors whilst attending OOTB Chorus rehearsals, events, performances, social gatherings or any other occasions with OOTB Chorus;
(c) communicate with their leader inappropriately including but not limited to sending messages or other communications unrelated to choir rehearsals, performances, shows or events, or sharing unwarranted personal or sensitive information;
(d) place undue personal pressure on OOTB Chorus members, Leaders, the office staff, or any individual working with or for OOTB Chorus, including but not limited to requesting personal support or transport assistance;
(e) otherwise do anything that might bring OOTB Chorus into disrepute. This includes actions and activities outside of your OOTB Chorus membership and activities.
5.4 Inappropriate behaviors will be determined at our discretion, and will include but not be limited to:
(a) Harassment. Harassment includes behavior and language which is intimidating, humiliating, causes offence or is hostile; which causes stress, anxiety, fear or sickness on the part of the harassed person. We remind everyone that harassment based on age, sex, race, disability, sexual orientation, gender re-assignment, ethnic or national origins, religion or belief, or harassment of a sexual nature, is unlawful and could entail legal action or even criminal proceedings.
(b) Sexual harassment. Any unwanted conduct of a sexual nature affecting the dignity of a person which can include unwelcome physical, verbal or nonverbal conduct whereby the behavior is inappropriate, offensive or distressing for the recipient. Conduct or comments become harassment when they are unwelcome to others or make others feel uncomfortable or threatened, even if intended as a joke.
(c) Bullying. Bullying is repeated inappropriate behavior, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, which could reasonably be regarded as undermining the individual’s right to dignity in the rehearsal room/ performance space or social events. Examples of bullying behavior include:
(i) Personal insults and name calling
(ii) Persistent unjustified criticism and sarcasm
(iii) Public or private humiliation
(iv) Aggression including intimidation and threats in general
5.5 You will undertake to meet any legal conditions or obligations placed on you by any court of law including, should the need arise, removing yourself from any rehearsal as well as, but not limited to, any event, performance or social occasion run by OOTB Chorus. Where OOTB Chorus identifies that you have breached a legal obligation it reserves the right to cancel your membership and no refunds will be given in these circumstances.
Filming and Social Media
6.1 As a member, you agree that photographic, motion picture, electronic (video) images and sound and video recordings may be taken of all the members and used for training, feedback, advertising and marketing purposes in relation to OOTB Chorus.
6.2 Members and their families/friends will be permitted to film or photograph OOTB Chorus shows providing the venue allows such actions and there is no additional charge to OOTB Chorus by the venue to enable this facility, and subject to the rest of the provisions and conditions set out here. If the latter is the case your OOTB Chorus Leader will advise you before the performance date so that you can advise your friends and family that no filming is permitted whatsoever
Intellectual Property Ownership
7.1 The materials, music, arrangements, harmonies, concepts and resources used in OOTB Chorus (“OOTB Materials”) are owned by OOTB Chorus, its licensors, or other third party rights holders.
7.2 All such rights are protected by Intellectual Property law. In becoming a member and taking part in any rehearsal, performance, workshop or event it is agreed that any use of OOTB Materials will be solely used for these OOTB Chorus purpose. No other licensee or permission to use such OOTB Materials is given and is strictly prohibited. If found to be used, legal action may ensue against the individual.
7.3 OOTB Chorus may from time to time provide additional materials or facilities such as downloads, special rehearsals and shows. These are not part of the basic membership and are provided solely at the discretion of OOTB Chorus.
7.4 You must use OOTB Chorus Materials or additional materials / facilities etc in the proper manner and consult your Choir Leader or head office staff if you are unsure.
Personal Data and Communications
8.1 By becoming a member of OOTB Chorus you consent to receiving communications relating to your membership, local and national OOTB Chorus events, shows and opportunities and information about OOTB Chorus benefits.
8.2 We may communicate OOTB Chorus related information to you by email, SMS or by post.
Disclaimers and Liability
9.1 OOTB Chorus is not responsible for damage to person or damage to, loss / theft of personal belongings whilst attending rehearsals and performances or before and after rehearsals and performances.
9.2 Members should understand clearly that OOTB Chorus cannot be held responsible for damage or loss caused by misconduct or other Members.
9.3 Any additional services (including, for example singing or instrumental lessons) which you contract for or agree to pay for with your Choir Leader, do not form part of your OOTB Chorus Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any Agreement for additional services, you are entering into an Agreement with those individuals and not with OOTB Chorus.
9.4 We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing any additional services and these are specifically excluded from the Membership Agreement and OOTB Chorus does not accept any responsibility for the same.
Suspension and Termination
10.1 OOTB Chorus reserves the right in its absolute discretion to suspend your membership or terminate this agreement if it is felt to be in the best interests of the company, a Choir, its Leader or any of its Members for it to do so.
10.2 If a OOTB Chorus closes indefinitely during a term this Agreement will end and you will receive a pro-rata refund of your membership fee.
10.3 We may suspend or terminate this Agreement and your OOTB Chorus membership with immediate effect if
(a) you do not pay any applicable fees or membership amount when it falls due;
(b) breach any element of the OOTB Chorus Membership Code of Conduct;
(c) otherwise you breach any other provision of this Agreement
In the event of termination or suspension you will no longer be able to access the OOTB Chorus Materials or additional materials / facilities etc. including your downloads, and you will not receive a refund.
10.4 No failure to enforce these terms or other delay in imposing a suspension or termination will act as a waiver of our rights, and OOTB Chorus reserves the right to subsequently enforce the terms of this Agreement.
10.5 In the event that that this Agreement and/or your membership is suspended or terminated by OOTB Chorus under clauses 10.1 or 10.3, or otherwise not due to the fault of OOTB Chorus, you will not receive any refunds.
Other / General
11.1 You should print a copy of this Agreement for future reference.
11.2 OOTB Chorus reserves the right to amend these terms and conditions at any time. We will notify you of any changes to these terms and conditions.
11.3 If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
11.4 No failure to exercise or delay in exercising any right or remedy provided under these terms or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.
11.5 These terms (as amended from time to time), along with any document or communication expressly referred to within them, constitute the whole agreement and understanding of the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms.
11.6 We may assign or transfer the benefit of this Agreement and our rights to a third party provided we give you notice and your rights under this Agreement will not be prejudiced.
Please contact info@ootbchorus.ca with any additional questions.