1. Addendum

This Regional Protection Policy (“Policy”) forms part of the VELVET AUDIO License Agreement and Terms of Service (collectively, the “Agreement”). By leasing a production from VELVET AUDIO (each, a “Show”), the customer (“Ensemble,” “you,” or “your”) agrees to the terms below. If there is a conflict between this Policy and the Agreement, this Policy governs on matters of exclusivity and availability.

2. Key Definitions

• Show: A VELVET AUDIO production identified by a title/SKU, including any customizations, edits, cuts, transpositions, orchestration changes, or re-writes derived from that production.
  

• Season: A continuous period of 365 days from the date of purchase of the license.

• Circuit: The competitive organization(s) or sanctioning body (e.g., BOA, USBands, WGI, state associations, local circuits) in which the Ensemble competes.

• Class: The ensemble's competitive classification within a Circuit (e.g., PSA, PSO, PSW; 1A/2A/3A/4A; Open/World).

• Protected Region: The geographic and/or event scope of exclusivity as set by the Tier selected at the time of purchase/agreement and confirmed by VELVET AUDIO (defined in §4).

• National Event: Named regional, super-regional, or national-level competitions (e.g., BOA Super/Grand Nationals; WGI Championships) specifically listed in the order or confirmation.

3. Scope of Exclusivity

3.1. General Rule

When you lease a Show, VELVET AUDIO will not lease the same Show to another Ensemble in your Protected Region for your Season.

3.2. Same Show

Any derivative of the same VELVET AUDIO Show (including cuts, orchestration changes, or electronics adjustments) is considered the same Show for exclusivity purposes.

3.3. Different Productions

Exclusivity does not restrict other unrelated VELVET AUDIO Shows.

4. Protection Tiers

You select one Tier at time of Show & Regional Protection reservation; we confirm it in writing. Tiers that define the Protected Region:

• Tier A: Circuit-Only (Included). Exclusivity applies within your declared primary Circuit(s) and Class for your season.

• Tier B: Home-Region (Add-On). Circuit-Only plus a radius around your school of 50-100 miles.

• Tier C: National-Event (Add-On). Home-Region plus the named National Event(s) you list (e.g., BOA Super/Grand Nationals; WGI Championships).

Pricing for add-ons is determined at time of agreement, and will very depending on the show(s) inquired upon and the specified circuits and distance(s).

5. Availability, Holds and Priority

5.1. First to Secure

Exclusivity is awarded to the first Ensemble to complete checkout or place a required deposit for a custom engagement.

5.2. Courtesy Holds

VELVET AUDIO may offer a 7-day courtesy hold while paperwork or payment clears. Holds expire automatically if payment is not received.

5.3. Conflict Check

We verify potential conflicts upon order. Your order confirmation will list the Tier, Circuit(s), Class, radius (if any), and any/all applicable named National Event(s).

5.4. District Requests

If multiple schools within the same district request the same Show for the same Season, priority follows §5.1.

6. Season Window & Renewals

6.1. Season Length

The competitive season begins on the purchase date and runs for 365 days.

6.2. Unused Leases

If you do not compete or perform, the lease still counts; the show has been taken off the market and protected for your benefit.

6.3. Renewal Priority

Returning Ensembles receive a 30-day priority window to renew after their championship date or at the 10-month mark from purchase, whichever occurs first.

7. Reclassification, Circuit Changes, and Travel

7.1. Reclassification

If your Class changes (e.g., PSA → PSO), your protection follows you within your declared Circuit(s) for the remainder of that competitive season.

7.2. Circuit Changes

If you change or add Circuit(s) mid-Season, notify us promptly; we will update your confirmation and address conflicts in good faith under your Tier.

7.3. Extended Travel

If you plan to perform outside your Home-Region radius or attend major events not already covered, add Tier C — National-Event or request a one-off extension (fees may apply).

8. Exhibitions, Scrimmages, and Non-Competitive Performances

8.1. Inside Another Ensemble's Region

Exhibition or non-competitive performances within another Ensemble’s Protected Region for the same Show require written consent from the protected Ensemble (VELVET AUDIO can assist with coordination).

8.2. Notification

Notify VELVET AUDIO in advance of any exhibition plans that may intersect another Ensemble’s protection.

9. Derivatives, Partial Licenses, and Commissions

9.1. Derivatives

Customizations, cuts, key changes, orchestration changes, or electronics rewrites of the same Show are covered by the same exclusivity as the underlying Show.

9.2. Partial Leases

VELVET AUDIO does not lease individual sections or isolated parts of a Show; productions are designed for continuity and full-show integration.

9.3. Custom Shows

Custom commissions follow the same Tier rules. For unique commissions that meaningfully diverge from any existing Show, VELVET AUDIO will designate the protection in writing.

10. Transfers, Cancellations, and Refunds

10.1. Non-Transferable

Licenses and protection are non-transferable without VELVET AUDIO’s prior written consent. Director/staff changes within the same school are permitted.

10.2. Cancellation

If you cancel mid-Season, conflicts resolved in reliance on your protection remain as originally confirmed.

10.3. Refunds

Refunds follow our general Refund Policy; unused or partially used protection does not create refund eligibility on its own.

11. Data & Verification

11.1. Information You Provide

At time of agreement and purchase, you must provide accurate ensemble name(s), Circuit(s), Class, anticipated travel radius, and any/all applicable named National Event(s).

11.2. Ongoing Duty

You agree to promptly update VELVET AUDIO regarding material changes (new Circuits, reclassification, added travel).

11.3. Audit

VELVET AUDIO may request reasonable documentation (e.g., event registrations) to verify coverage and prevent/resolve conflicts.

12. Compliance & Conduct

12.1. Circuit Rules

You are responsible for complying with your Circuit’s rules, classifications, and eligibility criteria.

12.2. Good-Faith Resolution

In the event of a conflict or gray area, parties agree to seek a practical, good-faith resolution emphasizing fair competitive integrity and minimal disruption.

13. Intelectual Property

13.1. Ownership

Shows are leased, not sold. VELVET AUDIO retains all intellectual property rights.

13.2. License

Your license grants performance and rehearsal rights for the Season as described in the Agreement and this Policy.

14. Limitations & Disclosures

14.1. Availability Limitations

Regional Protection prevents VELVET AUDIO from leasing the same Show in your Protected Region; it does not guarantee competitive outcomes or adjudication results.

14.2. Legal Advice

This Policy is not legal advice. You should consult counsel regarding any legal questions, including enforceable exclusivity in your jurisdiction.

15. Changes to this Policy

VELVET AUDIO may periodically update this policy. Material changes will be posted with an updated “Last updated” date and will apply to new orders going forward. Existing Season protections remain honored as confirmed at the time of order unless you consent to an update.

16. Disput Resolution; Governing Law

Any dispute arising under this Policy will be handled as set forth in the Agreement’s dispute-resolution terms. If the Agreement does not specify governing law, this Policy will be governed by the laws of Indiana, without regard to its conflict-of-laws rules.