TERMS AND CONDITIONS OF SERVICE
Guitarist James Tomaskovics d/b/a Tomaskovics LLC
2135 E. Independence St. #1022
Springfield, MO 65804
Phone: 1-877-553-5785
Effective Date: August 1, 2026
These Terms and Conditions of Service (“Terms”) govern all services provided by Tomaskovics LLC, a Missouri limited liability company (“Company,” “we,” “us,” or “our”), including but not limited to live performances, guitar lessons, session work, recording services, and related musical services (collectively, the “Services”). By booking, purchasing, or using any Services, you (“Client,” “you,” or “your”) agree to be bound by these Terms in full. If you do not agree, do not use or book our Services.
1. Services
We provide professional guitar-related services, which may include live performances at events, private or group lessons, studio session work, accompaniment, and other music-related services as agreed in writing or confirmed booking. The specific scope, date, time, location, duration, and fee for each engagement will be confirmed in a booking confirmation, invoice, or written agreement. We reserve the right to decline any request for Services at our sole discretion.
2. Booking and Confirmation
All bookings are subject to availability and require written or electronic confirmation from us. A booking is not confirmed until you receive confirmation from us and any required deposit or payment is received. You must provide accurate contact information, event details, and any special requirements at the time of booking. Changes to confirmed bookings must be requested in writing and are subject to our approval and any applicable fees.
3. Fees and Payment
Fees for Services are as quoted and confirmed at the time of booking. Payment terms will be stated in the booking confirmation or invoice. Unless otherwise agreed in writing:
- A non-refundable deposit (typically 50% of the total fee) is due upon booking confirmation.
- The remaining balance is due no later than seven (7) days before the scheduled Service date, or as otherwise specified.
- We accept payment by the methods indicated on invoices or communicated to you.
- Late payments may incur interest at the maximum rate permitted by Missouri law and may result in cancellation of the booking without refund of any deposit. All fees are non-refundable except as expressly stated in the cancellation policy below. You are responsible for any applicable taxes, venue fees, or third-party costs not included in our quoted fee.
4. Cancellation and Rescheduling
By Client:
- Cancellations more than 30 days before the scheduled Service date: Deposit is forfeited; any additional amounts paid will be refunded minus any non-recoverable costs.
- Cancellations 15–30 days before the scheduled Service date: 75% of the total fee is due and non-refundable.
- Cancellations fewer than 15 days before the scheduled Service date, or failure to appear: 100% of the total fee is due and non-refundable.
Rescheduling requests are considered on a case-by-case basis and may incur additional fees. If we are unable to accommodate a reschedule, the cancellation policy applies.
By Company:
We may cancel or reschedule due to illness, injury, emergency, force majeure, or other circumstances beyond our reasonable control. In such cases we will make reasonable efforts to notify you promptly and either reschedule or provide a full refund of amounts paid (excluding any non-recoverable third-party costs already incurred). We are not liable for any additional costs, consequential damages, or expenses you may incur as a result of such cancellation or rescheduling.
5. Client Responsibilities
You agree to:
- Provide a safe, suitable, and accessible performance or lesson environment.
- Ensure any required equipment, power, sound system, or venue arrangements (unless we have expressly agreed to supply them) are available and functional.
- Obtain all necessary permits, licenses, or permissions for the event or location.
- Treat our personnel and equipment with respect.
- Refrain from recording, photographing, or broadcasting our performance or lessons for commercial use without our prior written consent. Failure to meet these responsibilities may result in cancellation of the Service without refund and/or additional charges for damages or lost time.
6. Intellectual Property
All original music, arrangements, performances, recordings, lesson materials, and related content created or provided by us remain our exclusive intellectual property. You receive a limited, non-exclusive, non-transferable license to enjoy the live performance or lesson for personal, non-commercial purposes only. You may not record, reproduce, distribute, sell, or commercially exploit any of our work without our prior written permission. Any unauthorized use constitutes a material breach of these Terms.
7. Limitation of Liability
To the maximum extent permitted by Missouri law, our total liability arising out of or related to the Services or these Terms shall not exceed the total fees actually paid by you for the specific Service giving rise to the claim. We are not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost business opportunities, or emotional distress, even if advised of the possibility of such damages. We are not responsible for injuries, property damage, or losses occurring at the venue or during the Service except to the extent caused by our gross negligence or willful misconduct. You agree to indemnify and hold us harmless from any claims arising from your breach of these Terms, your negligence, or the condition of the venue or equipment you provide.
8. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, pandemic, government actions, war, terrorism, labor disputes, power failures, or illness/injury of key personnel. In such events, the affected party will notify the other as soon as practicable, and the parties will work in good faith to reschedule or resolve the matter. Fees already paid may be applied to a future date or refunded at our discretion after deduction of non-recoverable costs.
9. Privacy
We collect and use personal information you provide (name, contact details, payment information, and event details) solely for the purpose of providing the Services, processing payments, and communicating with you. We do not sell your personal information. We take reasonable measures to protect your data but cannot guarantee absolute security. By using our Services you consent to this collection and use.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Missouri, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If unresolved, the dispute shall be submitted to binding arbitration in Springfield, Missouri, in accordance with the rules of the American Arbitration Association. Judgment upon the award may be entered in any court of competent jurisdiction. You waive any right to a jury trial or to participate in a class action. Small claims court actions for amounts within jurisdictional limits remain available.
11. Entire Agreement and Amendments
These Terms, together with any booking confirmation or written agreement for a specific Service, constitute the entire agreement between you and us and supersede all prior discussions or agreements. We may update these Terms from time to time. The version in effect on the date of your booking will apply to that booking. Continued use of our Services after changes constitutes acceptance of the updated Terms. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
12. Contact
For questions about these Terms or our Services, contact us at:
Tomaskovics LLC
2135 E. Independence St. #1022
Springfield, MO 65804
Phone: 1-877-553-5785
By booking or using our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions of Service in their entirety.
Tomaskovics LLC
Effective August 1, 2026