By accessing and utilizing the services of Kohl Kitzmiller Music, you hereby acknowledge and consent to the terms and conditions set forth in this agreement. Furthermore, your utilization of specific services provided by Kohl Kitzmiller Music subjects you to any relevant guidelines or regulations associated with said services, which may be posted and revised periodically. All such guidelines or rules are hereby integrated by reference into these Terms and Conditions.
Acceptance of Agreement
Any engagement with Kohl Kitzmiller Music shall signify your unequivocal acceptance of this agreement.
Intellectual Property
All audio recordings available for purchase through Kohl Kitzmiller Music are the intellectual property of Kohl Kitzmiller, the proprietor of Kohl Kitzmiller Music, and applicable recording artists. Each recording is designated for exclusive distribution to a single performing ensemble and is explicitly prohibited from being shared with any other performing ensembles. Learning tracks must be purchased anew for each ensemble intending to learn and perform the designated musical piece.
Discrepancies
Kohl Kitzmiller Music shall not assume responsibility for rectifying any discrepancies in accuracy between the sheet music owned by the purchaser and the learning tracks obtained from Kohl Kitzmiller Music. If revisions to the learning tracks are desired by the purchaser, such modifications may be undertaken for a specified hourly remuneration as determined by Kohl Kitzmiller Music. Upon the agreement of compensation, requested revisions shall be executed promptly.
Contestability
The “Contestability” notation on Kohl Kitzmiller Music’s learning tracks designates the potential eligibility of a musical composition for competition. It is imperative to note that these contestability recommendations are solely the personal opinions of the provider and have not been subjected to evaluation by certified judges affiliated with the Barbershop Harmony Society, Sweet Adelines International, and Harmony, Incorporated. To ascertain a composition’s suitability for contest, it is strongly advised to communicate with the respective Contest and Judging System of the Barbershop Harmony Society, Sweet Adelines International, and Harmony, Incorporated.
Mechanical Licensing
The responsibility for covering mechanical licensing fees lies exclusively with the purchaser. Upon acquisition of learning tracks from Kohl Kitzmiller Music, you thereby assume the responsibility for remitting mechanical licensing fees for any and all copies generated for your performing ensemble. For comprehensive insights into mechanical licensing fees, detailed information can be accessed through Harry Fox or Easy Song Licensing. These fees are levied to remunerate copyright owners with royalties. The prevailing rate is $0.091 per copy, with a minimum requirement of 25 copies. For public domain compositions, the arranger holds the copyright and direct payment to the copyright holder is often necessary.
Arrangement Legalization
While Kohl Kitzmiller Music is amenable to facilitating the arrangement legalization process, it should be noted that the entity is not a publishing firm and shall not engage with other publishers on your ensemble’s behalf. The financial obligations associated with arrangement legalization are the sole responsibility of the purchaser. Reputable resources for arrangement legalization include Tresona and the Barbershop Harmony Society (limited to members).
Refunds
Refunds shall not be granted, unless extenuating circumstances warrant such consideration as determined by Kohl Kitzmiller Music.
For further elucidation, please feel free to contact Kohl Kitzmiller.