CONTROLLING NOTICE EFFECTIVE SEPTEMBER 2, 2026
WHEREAS the Giving Guitars website, benefit concert and all related activity are undertaken only upon the terms herein; NOW, THEREFORE, this Notice shall govern to the fullest extent permitted by law.
By using this site or participating in any matter referenced by it, each person accepts this Notice and acknowledges a continuing duty to review it.
“Protected Parties” means Instruments for Inspiration, Giving Guitars, Steven Cade and Beluga Host; all persons or entities affiliated or acting with or for any of them; all successors and assigns; and any person or entity designated by any foregoing Protected Party at any time, before or after any act, transaction, event, claim or dispute, in the sole and absolute discretion of the designating party.
Any statement, amount, event detail, ticket, sponsorship, donation opportunity, auction matter, performance, appearance, benefit, recognition, product, service, availability, result or other representation is merely a statement of present intent and is not guaranteed. To the fullest extent permitted by law, the Protected Parties may determine, accept, reject, condition, modify, substitute, suspend, postpone, cancel or terminate any such matter; determine all eligibility and availability; and impose any additional term, condition, cost, fee, expense, deadline, agreement or requirement whatsoever, in their sole and absolute discretion, with or without cause or prior notice.
Without limiting the foregoing, any Steven Cade performance associated with a sponsorship remains entirely subject to such discretion. “No performance fee” means only that the performance fee itself is waived and shall not restrict any other cost, expense, condition or requirement. No payment, submission or communication creates a binding obligation unless expressly accepted in a separate writing authorized by the applicable Protected Party.
The site and its contents are provided “AS IS” and “AS AVAILABLE.” Information submitted to or generated through the site may be collected, retained, used, processed and disclosed by the Protected Parties and their service providers as they reasonably deem appropriate for administration, communications, fundraising, sponsorship, security, operations, recordkeeping, compliance and related purposes, subject only to applicable nonwaivable law. A person submitting information concerning another person represents authority to do so. No confidentiality, uninterrupted service, error-free operation, data security, email delivery or third-party availability is guaranteed.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, each user, attendee, donor, sponsor, bidder, host and participant assumes all risk arising from the site or any related activity, releases the Protected Parties from every claim that may lawfully be released, and agrees that no Protected Party shall be liable for indirect, incidental, special, exemplary, punitive, consequential or similar damages, or for loss arising from change, cancellation, nonperformance, reliance, third-party conduct or technical failure. Any liability that cannot lawfully be excluded shall be limited to the minimum amount and scope permitted by law. Each person shall indemnify and hold harmless the Protected Parties from claims arising from that person's breach, misuse, unlawful conduct, submitted material or violation of another person's rights.
THE PROTECTED PARTIES MAY, AT ANY TIME, AMEND, SUPPLEMENT, REPLACE, RESTATE, SUSPEND OR RESCIND THIS NOTICE, IN WHOLE OR IN PART, BY POSTING A REVISED VERSION HERE, WITHOUT INDIVIDUAL NOTICE. Each revision is effective immediately upon posting and, to the fullest extent permitted by law, applies retroactively, presently and prospectively to all prior, existing and future uses, submissions, payments, events, dealings, facts, claims and disputes. IT IS EACH PERSON'S SOLE AND CONTINUING RESPONSIBILITY TO RETURN TO AND REVIEW THIS PAGE. Continued use or participation constitutes acceptance of the then-current Notice.
This Notice shall be construed broadly to afford the Protected Parties the maximum lawful protection. Any invalid provision shall be reformed and enforced to the maximum lawful extent without affecting the remainder. No delay or nonenforcement is a waiver. Except where nonwaivable law requires otherwise, Tennessee law governs; exclusive venue lies in the state or federal courts serving Williamson County, Tennessee; claims shall proceed individually; and, to the fullest extent permitted by law, trial by jury is waived.
Giving Guitars
625 Bakers Bridge Ave, Ste 105
Franklin, TN 37067
contact@givingguitars.org
615-422-5706