Service Agreement Policies and Procedures (Effective December 17, 2020) John K. Lundy d/b/a Play It By Ear (“PIBE”) For use in the United States and its territories only (except Puerto Rico) Version 1.1 John K. Lundy d/b/a Play It By Ear PO Box 692 Americus, Ga. 31709 The Policies and Procedures are an integral part of Play It By Ear‘s (“PIBE” herein) agreement with you (“Customer” herein). It is the responsibility of each Customer to read, understand, adhere to, and ensure he or she is aware of and operating under the most current version of the Agreement. Please review the information in the Agreement carefully. SECTION 1 INTRODUCTION 1.1 - POLICIES INCORPORATED INTO AGREEMENT These Policies and Procedures, in their present form and as amended at the sole discretion of PIBE are incorporated into, and form an integral part of PIBE’ s Agreement with its Customers. Throughout these Policies, when the term “Agreement” is used, it collectively refers to PIBE ‘s, Customer Applications and Agreements, these Policies and Procedures and incorporated Terms and Conditions (if applicable). These documents are all incorporated herein by reference (all in their current form and as amended by PIBE from time-to-time in its sole and absolute discretion). It is the responsibility of each Customer to read, understand, adhere to, and ensure he or she is aware of and operating under the most current version of the Agreement. If you have any questions regarding any policy or procedure, do not hesitate to seek an answer from PIBE 1.2 - CHANGES TO THE AGREEMENT Because federal, state, and local laws, as well as the business environment, periodically change, PIBE reserves the right to amend the Agreement and its prices at its sole and absolute discretion. By signing the Application and/or Agreement physically or electronically, the Customer agrees to abide by all amendments that PIBE elects to make. Amendments shall be effective upon notice to all Customers the Agreement has been modified. PIBE shall provide or make available to all Customers a complete copy of the amended provisions by one or more of the following methods: (i) posting on PIBE’ s official website; (ii) electronic mail (e-mail); (iii) fax-on-demand; (iv) inclusion in PIBE periodicals. The continuation of a Customer’s use of the service constitutes acceptance of any and all amendments. 1.3 - DELAYS PIBE shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, telecommunication failures, and curtailment of a party’s source of supply, or government decrees or orders. 1.4 - POLICIES AND PROVISIONS SEVERABLE If any provision of the Agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible. 1.5 - WAIVER PIBE never gives up its rights to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of PIBE to exercise any right or power under the Agreement or to insist upon strict compliance by a Customer with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of PIBE’ s right to demand exact compliance with the Agreement. Waiver by PIBE can be effectuated only in writing by an authorized officer of PIBE. PIBE’ s waiver of any particular breach by a Customer shall not affect or impair PIBE’ s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Customer. No delay or omission by PIBE to exercise any right arising from a breach shall affect or impair PIBE’ s rights as to that or any subsequent breach. The existence of any claims or cause of action of a Customer against PIBE shall not constitute a defense to PIBE’ s enforcement of any term or provision of the Agreement. 1.5.1 – TO BECOME A CUSTOMER To become a Customer of PIBE, each applicant must: a) If an individual, be of the age of majority in his or her state of residence; b) Reside in the United States, a U.S. Territory, or any country which PIBE has officially announced is open for business; c) Agree to abide by the Agreement; d) Submit a properly completed (physically and/or online) Application and Agreement to PIBE; and e) Pay the required registration fee for service(s). 1.5.2 – MUSIC SERVICES PIBE offers the following service: a) Provide access to Customer to review musical and instructional videos via website; b) Send email notifications as needed to Customer. 1.6 - UNAUTHORIZED CLAIMS AND ACTIONS Indemnification A Customer is fully responsible for all of his or her verbal and written statements made regarding PIBE’ S products and services, which are not expressly contained in the official PIBE material. Customers agree to indemnify PIBE and PIBE’ S directors, officers, shareholders, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, investigation costs, court costs, or lost business incurred by PIBE as a result of the Customer’s unauthorized representations or actions. This provision shall survive the termination of the Customer Agreement. 3.21 – CUSTOMER STATUS Customers are clients and are not purchasers of a franchise or a business opportunity. The Agreement between PIBE and its Customers does not create an employer/employee relationship, agency, partnership, or joint venture between the PIBE and the Customer. Customers shall not be treated as an employee for his or her services or for federal or state tax purposes. The Customer has no authority (expressed or implied), to bind PIBE to any obligation. Customer is a client of PIBE. The name of PIBE and other names as may be adopted by PIBE are proprietary trade names, trademarks and service marks of PIBE. As such, these marks are of great value to PIBE and are supplied to Customers for their use only in an expressly authorized manner. Use of PIBE name on any item not produced by PIBE is prohibited. 1.7 - MINORS A person who is recognized as a minor in his/her state of residence may not be a Customer of PIBE. 1.8 - MEDIATION Prior to instituting any arbitration as provided in Section 1.9 below, the parties shall communicate with each other in good faith and attempt to resolve any dispute arising from or relating to the Agreement. 1.9 - ARBITRATION If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Customers waive all rights to trial by jury or by any court. All arbitration proceedings shall be held in Atlanta, Georgia, unless the laws of the state in which a Customer resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the service selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent PIBE from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect PIBE’ s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. Intellectual Property and/or Trademark infringements are specifically excluded from arbitration. 1.10 - GOVERNING LAW, JURISDICTION AND VENUE Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Sumter County, State of Georgia. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Georgia shall govern all matters relating to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in Section 1.9, residents of the State of Louisiana shall be entitled to bring an action against PIBE in their home forum and pursuant to Louisiana law. 1.11 - INVOLUNTARY CANCELLATION Customer’s violation of any of the terms of the Agreement, including any amendments that may be made by PIBE at its sole discretion, may result in the involuntary cancellation of his or her Customer Agreement. Cancellation shall be effective on the date on which written notice is emailed, mailed, faxed, or delivered to an express courier for delivery to the Customer’s last known address (or facsimile number). PIBE reserves the right to terminate all Customer Agreements upon thirty (30) days written notice in the event it elects to: (i) cease business operations; (ii) dissolve as a corporate entity; (iii) merges or sells substantially all of its assets, and the successor desires to cease existing business operations; (iv) terminate distribution of its services; or (v) change its business model. 1.12 - VOLUNTARY CANCELLATION Customer has a right to cancel a service at any time, regardless of reason; refunds are not granted by PIBE to Customer. 1.13 - TERMS AND CONDITIONS The undersigned hereby represents, warrants, covenants and agrees with PIBE as follows: a) The undersigned Customer is of legal age in the state in which Customer resides. Customer hereby represents and warrants to PIBE that Customer has no obligations to or relationships with other parties that would present a conflict with carrying out the duties under the Agreement. b) Customer acknowledges and agrees that PIBE’ s trademarks, service marks, trade names, patents and copyrighted materials are owned exclusively by PIBE, and that use of such intellectual property by Customer shall be in compliance with the Agreement. c) The Agreement will become binding upon Customer’s acknowledgment and acceptance by clicking the read agreement field online and by clicking on the register button during the online registration process. d) The Agreement shall be binding upon the parties and their respective heirs and permitted successors and assigns. e) Customer agrees to indemnify and hold harmless PIBE, its parents, subsidiaries and customers, and their shareholders, officers, agents, employees and directors, from and against any and all claims, demands, liabilities, losses, damages, costs or expenses, including but not limited to, court costs and attorneys’ fees, asserted against, or suffered or incurred by, any of them by reason of, arising out of, resulting from or in any way connected with, directly or indirectly, Customer’s (1) activities as a customer, including without limitation, any unauthorized representations made by Customer or any errors or omissions made by Customer in connection with Customer’s business, (2) breach of the terms of the Agreement or (3) violation of or failure to comply with any applicable federal, state or local law or regulation, whether or not litigation is commenced. f) CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL PIBE OR ANY OF ITS COMPANIES BE LIABLE UNDER THESE TERMS AND CONDITIONS, THE POLICIES AND PROCEDURES, OR THE AGREEMENT, UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRCT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF PIBE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. g) Customer agrees that upon breach of the Agreement PIBE will be immediately and irreparably harmed and cannot be made whole solely by monetary damages. Customer agrees that the remedy at law for any breach of any provision of the Agreement shall be inadequate and that, in addition to any other remedies at law or in equity that it may have, PIBE shall be entitled, without the necessity of proving actual damages or posting bond, to temporary or permanent injunctive relief to prevent the breach of any provision of the Agreement, and/or to compel specific performance of the Agreement. h) PIBE shall be entitled to its costs and expenses, including reasonable attorneys’ fees, in enforcing its rights under the Agreement. i) If under any applicable law or rule of any applicable jurisdiction, any provision of the Agreement is held to be invalid or unenforceable, the remainder of the Agreement will be interpreted as best to effect the intent of the parties hereto. The remaining provisions of the Agreement shall remain in full force and affect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from the Agreement. In addition to any other provision set forth in the Policies and Procedures that survive termination or expiration of the Agreement, the provisions of Section 1.13 Subsections (a), (d), (i), (h) and (k) of these Terms and Conditions shall survive the expiration or termination hereof. j) The Agreement may be signed and transmitted by facsimile machine and, if so, is intended to and will be treated as an original document with original signatures and considered to have the same binding effect as an original document with original signatures. k) The Agreement constitutes the entire agreement between Customer and PIBE, supersedes all prior agreements and no other promises, representations, guarantees or agreements of any kind shall be valid unless in writing and signed by both parties. CUSTOMER’S SIGNATURE BELOW INDICATES THAT CUSTOMER HAS READ, UNDERSTANDS AND AGREES TO THESE TERMS AND CONDITIONS AND POLICIES AND PROCEDURES CONTAINED IN THIS AND THE PREVIOUS PAGES. GLOSSARY OF TERMS CUSTOMER Is an independent person or business owner with the right to purchase service(s) from PIBE AGREEMENT The contract between PIBE and each Customer includes the Customer Application and Agreement, PIBE Policies and Procedures, PIBE These documents are collectively referred to as the “Agreement.” CANCEL The termination of a Customer’s service subscription in Paypal. Cancellation may be either voluntary or involuntary or result from non-payment. ID NUMBER The identification number assigned to a Customer by PIBE for all PIBE identification purposes. OFFICIAL MATERIAL Literature, audio or video tapes, disks, and other materials developed, printed, published and distributed by PIBE to Customers.