Terms of Service

These Terms of Service ("Terms") govern your use of Fermata Works Marching (the "Site") operated by Fermata Works LLC ("Fermata Works," "we," "us," or "our"). By creating an account, browsing the catalog, purchasing products, downloading files, or requesting commissions, you agree to these Terms.

1. Eligibility and accounts

You must provide accurate account information and keep your login credentials secure. You are responsible for activity that occurs under your account. If you register or sign in with Google, you also remain subject to Google's applicable terms and privacy policy.

2. Products and licenses

Purchases of field shows, indoor shows, short pieces, section packages, and related downloadable materials grant a limited, non-exclusive license for your school, ensemble, or organization to use the materials as intended for rehearsal and performance, subject to any product-specific notes on the Site.

Unless we give written permission, you may not:

• Resell shows, arrangements, or sheet music
• Sell, rent, or commercially redistribute show audio or preview audio
• Share download folders, PDFs, audio files, or login access with people or groups outside your licensed purchase
• Upload our materials to public file-sharing sites for others to download
• Claim authorship of our music or present it as your own composition or arrangement

3. Performances and rights

A purchase from the Site covers Fermata Works materials made available for that product. You remain responsible for any third-party performance rights, copyrighted source material clearances, or other licenses that your school or organization may need for public performance, recording, or broadcast.

4. Commissions and custom work

Commission quotes, contracts, deposits, balances, timelines, and delivery terms are controlled by the quote and contract you accept for that project. Custom work may remain unpublished on the public catalog while still being made available to authorized accounts for download.

5. Payments

Prices are shown on the Site or in your quote. Card payments are processed by Stripe. School purchase orders are accepted subject to our billing process and any stated net terms. Failure to pay amounts due may result in holds on delivery, download access, or further work.

6. Downloads and access

Download access is provided for purchases and authorized grants tied to your account. Keep files secure. We may revoke access if we reasonably believe these Terms have been violated or if payment is reversed or remains unpaid.

7. Acceptable use

You agree not to misuse the Site, including by attempting to disrupt service, scrape content at scale without permission, bypass security features, or use automated bots to spam forms or create accounts.

8. Intellectual property

The Site, branding, product listings, and Fermata Works music materials are protected by intellectual property laws. Except for the limited license granted with a valid purchase or commission agreement, no rights are transferred to you.

9. Disclaimers

The Site and materials are provided on an "as is" and "as available" basis to the fullest extent permitted by law. We do not warrant uninterrupted access or that every preview, file, or feature will always be error-free.

10. Limitation of liability

To the fullest extent permitted by law, Fermata Works is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, arising out of your use of the Site or materials. Our total liability for any claim related to a purchase is limited to the amount you paid for that purchase.

11. Termination

We may suspend or terminate access if you violate these Terms, abuse the Site, or engage in fraudulent activity. Provisions that should survive termination, including license limits and intellectual property terms, will survive.

12. Changes

We may update these Terms from time to time. The "Last updated" date will change when we do. Continued use of the Site after changes means you accept the updated Terms.

13. Contact

Questions about these Terms can be sent through our Contact page or emailed to president@fermataworks.com.