TERMS OF USE
The Frame Drumming Academy by Krista Holland
Last Updated: March 1st 2026
1. WELCOME AND ACCEPTANCE OF TERMS
Thank you for visiting the website of The Frame Drumming Academy by Krista Holland. These Terms of Use ("Terms") set out the rules and expectations that apply whenever you access, browse, or use this website, along with any associated services, digital products, courses, resources, podcasts, social media channels, or programs offered by Krista Holland, now or in the future (collectively, the "Site").
By using the Site in any way, you confirm that you have read these Terms carefully, that you understand them, and that you agree to be bound by them. These Terms, together with our Privacy Policy, form a legally binding contract between you and Krista Holland ("we," "us," or "our"). If you do not accept these Terms, please discontinue use of the Site immediately.
If you have questions, you are welcome to reach out to us at [email protected].
When you access any The Frame Drumming Academy presence on a third-party social media platform, such as Facebook, Instagram, or Pinterest, the terms of that platform also apply to your conduct there.
2. HEALTH & WELLNESS DISCLAIMER
Krista Holland is an educator and artist, not a licensed medical professional, therapist, psychologist, or healthcare provider. Nothing offered through the Site or its Services should be interpreted as medical, psychiatric, or clinical advice, and it is not a substitute for guidance from a qualified healthcare provider.
Before beginning any new physical practice, activity, or wellness program — including anything described or offered through The Frame Drumming Academy — please consult with your physician or other appropriate healthcare professional, especially if you have a pre-existing physical or mental health condition.
You acknowledge that participation in any activity or program described on the Site carries inherent risks, including the possibility of physical injury, emotional discomfort, or other harm, and you voluntarily assume those risks.
By using the Site and its Services, you agree to release and hold harmless Krista Holland from any claims, losses, or damages arising from your participation in any program, class, or activity. You also agree to indemnify Krista Holland against any such claims brought by you or on your behalf.
3. BUSINESS SERVICES DISCLAIMER
When providing Services, Krista Holland draws on her personal knowledge, experience, and expertise. However, she does not guarantee any particular outcome, result, or achievement from participation in any program or Service. Any statements about potential outcomes are expressions of possibility, not promises. To the fullest extent permitted by law, Krista Holland disclaims all warranties, express or implied, relating to the Services.
4. INTELLECTUAL PROPERTY AND SITE CONTENT
4.1 Ownership
All content on the Site — including but not limited to text, images, video, audio, graphics, course materials, webinars, podcasts, downloadable files, and the overall look and feel of the Site — is the property of Krista Holland or is used under license, and is protected by United States and international copyright law (collectively, "Content"). All brand names, logos, and trademarks displayed on the Site ("Marks") belong to Krista Holland or their respective owners.
4.2 Limited License to Users
We grant you a personal, non-exclusive, non-transferable, revocable license to access and view the Site and its Content for your own non-commercial, personal use only. This license does not allow you to copy, reproduce, distribute, publicly display, modify, create derivative works from, sell, or otherwise exploit any Content without our prior written consent. Unauthorized use of the Content constitutes a violation of copyright law and may result in legal action.
4.3 Third-Party Content
The Site may include content contributed by or linking to third parties. We do not monitor, endorse, or take responsibility for third-party content and cannot guarantee its accuracy or completeness. Krista Holland is not responsible for the content found on any external websites linked from our Site.
4.4 Third-Party Services
Certain third-party service providers may make their offerings available through the Site. Your use of those services is governed by the terms and privacy policies of the relevant third party. We are not responsible for any actions, omissions, or failures of third-party providers, and we will not be liable for any losses you incur in connection with third-party services or products.
4.5 Photo & Media Release
If photographs or other media are captured of you in connection with any The Frame Drumming Academy event or Service, you hereby grant Krista Holland a perpetual, royalty-free, irrevocable license to use those images and your likeness for any lawful purpose, including promotional, educational, or press-related uses across digital and print media.
4.6 User Submissions
If you submit feedback, ideas, suggestions, or other content to Krista Holland through the Site or by email, those submissions become the sole property of Krista Holland. We may use, publish, or otherwise act on your submissions for any purpose, commercial or otherwise, without compensation or attribution to you.
5. YOUR RESPONSIBILITIES AND CONDUCT
5.1 Eligibility
You must be at least 18 years of age to use the Site. If you are using the Site on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
5.2 Account Accuracy
If you create an account on the Site, you agree to provide accurate, current, and complete information and to keep that information up to date. You are solely responsible for safeguarding your login credentials and for all activity that takes place under your account. Accounts are personal and may not be transferred, shared, or sold.
5.3 Prohibited Conduct
By using the Site, you agree that you will not:
- Disparage, harass, intimidate, or threaten Krista Holland or any other individual or organization;
- Use the Site or its content for any commercial purpose without our prior written approval;
- Attempt to reverse engineer, decompile, or tamper with the systems and software that power the Site;
- Disrupt, damage, or interfere with the proper functioning of the Site or its underlying infrastructure;
- Misrepresent your identity, credentials, or affiliation with any person or organization;
- Seek unauthorized access to any portion of the Site or its backend systems;
- Infringe upon the intellectual property rights of Krista Holland or any third party;
- Violate any applicable local, state, national, or international law or regulation;
- Introduce malicious code, viruses, or harmful software of any kind to the Site or its users;
- Remove or alter any copyright notices, author credits, or proprietary labels on Site content; or
- Participate in any unlawful conduct while using the Site or Services.
6. PRIVACY
Your privacy matters to us. The information we collect through the Site — including personal details, contact information, and payment data — is handled in accordance with our Privacy Policy, which is incorporated into and forms part of these Terms. Please review our Privacy Policy for a full description of how we collect, use, and protect your information.
7. COPYRIGHT INFRINGEMENT & DMCA POLICY
7.1 Our Commitment
The Frame Drumming Academy by Krista Holland takes intellectual property rights seriously. We expect everyone who uses our Site to do the same. We reserve the right to remove content that we believe infringes the rights of others, and to suspend or terminate the accounts of repeat infringers.
7.2 How to Submit a Copyright Claim
If you believe that content on the Site infringes a copyright you own or represent, please send a written notice to our designated DMCA agent:
Brownwick Law Firm — Becca E. Coleman
Email: [email protected]
Your notice must include all of the following:
- Identify the copyrighted work you believe has been infringed. If multiple works are involved, a representative list is acceptable.
- Identify the specific material on our Site that you believe is infringing, including the URL and screenshots of each item.
- Describe your relationship to the copyright or your authority to act on behalf of the rights holder.
- Provide your full legal name, mailing address, and telephone number.
- Include a valid email address at which we may reach you.
- Include the following statement if true: "I have a good faith belief that the use of the material described above is not authorized by the copyright owner, its agent, or the law."
- Include the following statement if true: "I declare under penalty of perjury that the information in this notice is accurate and that I am the copyright owner or authorized to act on the owner's behalf."
- Sign the notice, either physically or with a valid electronic signature.
Please be aware that submitting a false or misleading DMCA claim may expose you to liability under 17 U.S.C. § 512(f), including costs and attorneys' fees. We will not respond to notices that do not meet the requirements of 17 U.S.C. § 512(c)(3).
8. PURCHASING SERVICES AND PRODUCTS
8.1 Overview
Through the Site, Krista Holland may offer programs, online courses, consulting services, events, retreats, and other products (collectively, "Products and Services"). All purchases are subject to these Terms.
8.2 Descriptions and Pricing
We strive to provide accurate descriptions and pricing for all Products and Services. However, we reserve the right to correct any errors and to update listings at any time without prior notice. Prices are listed in U.S. dollars and are subject to change. If a pricing error affects your order, we will contact you with the corrected price or cancel your order.
8.3 Order Acceptance
Displaying Products and Services on the Site is an invitation for you to make a purchase offer, not a binding commitment on our part. Your order is accepted only when we confirm shipment of physical goods or delivery of digital content. We reserve the right to decline, cancel, or limit any order for any reason.
8.4 All Sales Final — No Refunds
All purchases made through this Site are final. We do not offer returns, refunds, cancellations, or substitutions on any Products or Services. This includes all digital products, online courses, memberships, and programs, whether fully delivered or partially accessed at the time of cancellation request.
If you purchase using a payment plan, you are committing to fulfilling the complete payment schedule regardless of your participation level or course completion. Failure to complete scheduled payments may result in collection action or additional fees.
8.5 Affiliate Products
Some links on the Site may be affiliate links. If you make a purchase through an affiliate link, we may receive a commission at no additional cost to you. Affiliate products are subject to the terms of the respective third-party seller, and we accept no responsibility for those products or services.
8.6 Damaged Shipments
If you receive a damaged or incomplete physical shipment, please contact us at [email protected] within two (2) weeks of receipt. Any resolution — including refund or replacement — is at our sole discretion.
8.7 Payment Authorization
By completing a purchase, you authorize us and our payment processors to charge your selected payment method for the full amount due. We reserve the right to cancel or refuse payments at our discretion, including in cases of suspected fraud, policy violations, excessive disputes, or failure to provide requested information.
8.8 Title and Risk of Loss
For physical products, title and risk of loss transfer to you once we deliver the item to the shipping carrier. We reserve the right to select packaging, shipping methods, and carriers.
8.9 Taxes
Stated prices do not include applicable taxes. You are responsible for any and all taxes associated with your purchase. We reserve the right to collect any taxes we are legally required to remit.
8.10 Personal Use
All Products purchased through the Site are for your personal, non-commercial use only. Reselling or redistributing Products is strictly prohibited.
8.11 Professional Conduct
You agree to engage with Krista Holland and her team in a respectful and professional manner at all times. We reserve the right to suspend or terminate Services without refund if a client's conduct is deemed abusive, threatening, or otherwise inappropriate.
9. DISPUTES
9.1 Informal Resolution
If a dispute arises between you and Krista Holland, we ask that you first contact us at [email protected] with a written summary of your concern and your contact details. We will make a good-faith effort to resolve the matter within sixty (60) days before any formal proceedings are initiated.
9.2 Binding Arbitration
If informal resolution is unsuccessful, all disputes, claims, or controversies arising out of or relating to your use of the Site, these Terms, or your relationship with Krista Holland ("Covered Matters") shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Consumer-Related Dispute Supplementary Procedures. These Terms evidence a transaction in interstate commerce, and the Federal Arbitration Act governs all arbitration proceedings.
The arbitrator will have exclusive authority to determine all questions of arbitrability, enforceability, and the scope of these Terms. No class actions, collective proceedings, or joinder of claims are permitted. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
9.3 Exceptions to Arbitration
Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights. Additionally, claims of $500 or less may be brought in small claims court, provided the matter remains individual in nature.
9.4 Arbitration Costs
Filing and administrative fees shall be governed by AAA rules. For claims seeking $5,000 or less, Krista Holland will reimburse your arbitration fees upon resolution unless the arbitrator finds your claim to be frivolous.
9.5 Governing Law and Venue
These Terms are governed by the laws of the United States and, to the extent not preempted by federal law, the laws of the State of Washington. Any court proceedings (including for interim relief or to enforce an arbitration award) shall take place in Seattle, Washington, and you consent to personal jurisdiction there.
9.6 Opt-Out of Arbitration
New users may opt out of the arbitration agreement by emailing [email protected] within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, address, and the email associated with your account. Existing users have thirty (30) days from the posting of any updated Terms to opt out of any amended arbitration provisions. Opting out does not affect any other provision of these Terms.
9.7 Statute of Limitations
Any claim arising out of or related to these Terms or your use of the Site must be brought within one (1) year of when the claim arose, or it will be permanently barred.
10. WAIVER OF CLASS ACTION
BY AGREEING TO THESE TERMS, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST KRISTA HOLLAND OR FRAME DRUMMING ACADEMY. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Krista Holland and her officers, employees, agents, partners, affiliates, and licensors (collectively, the "Krista Holland Parties") from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Site or Services in violation of these Terms; or (b) your infringement of any third party's rights. We reserve the right to assume control of the defense of any such matter, at your expense, and you agree not to settle any claim without our prior written approval.
12. WARRANTIES AND DISCLAIMERS
12.1 Site Provided "As Is"
THE SITE, ALL CONTENT, AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, KRISTA HOLLAND DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12.2 No Guarantee of Availability
WE DO NOT WARRANT THAT THE SITE WILL BE CONTINUOUSLY AVAILABLE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SITE AND ANY CONTENT YOU DOWNLOAD OR ACCESS THROUGH IT.
12.3 Force Majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, power outages, internet failures, cyberattacks, acts of government, or other force majeure events.
12.4 Third-Party Products and Services
KRISTA HOLLAND DOES NOT ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR LINKED THROUGH THE SITE. YOU ENGAGE WITH THIRD-PARTY PROVIDERS AT YOUR OWN RISK.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRISTA HOLLAND AND THE KRISTA HOLLAND PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE SITE, SERVICES, OR PRODUCTS — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR $100.00, WHICHEVER IS GREATER.
Note to New Jersey residents: The provisions of Sections 12 and 13 are intended to be as broad and inclusive as permitted under New Jersey law.
14. TERMINATION
These Terms remain in effect for as long as you use the Site. We may suspend or terminate your access to the Site, in whole or in part, at any time and without notice, for any reason — including violation of these Terms — at our sole and absolute discretion and without liability to you.
Upon termination, the following sections will continue to apply: Intellectual Property, Indemnification, Warranties and Disclaimers, Limitation of Liability, Disputes, and all other provisions that by their nature should survive termination.
15. GENERAL PROVISIONS
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Krista Holland regarding your use of the Site. They supersede all prior agreements and understandings on this subject.
15.2 No Waiver
Our failure to enforce any right or provision of these Terms at any time does not constitute a waiver of that right or provision. Any waiver must be made in writing.
15.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
15.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights under these Terms without restriction.
15.5 Electronic Agreement
You agree that entering into these Terms electronically has the same legal effect as signing a physical written contract.
15.6 Notices
We may provide notices to you via email, by posting on the Site, or by other reasonable means. Notices are effective upon dispatch. To provide notice to us, please email: [email protected].
15.7 Headings
Section headings in these Terms are included for convenience only and have no legal or contractual significance.
15.8 California Residents
Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210
Questions? Contact us at [email protected]
The Frame Drumming Academy by Krista Holland
