First Take LLC
Terms of Use Agreement

Last Revised on January 3, 2024

This Terms of Use Agreement (the “ToU”) is made between First Take LLC (“First Take,” “we,” “us,” or “our”) and you, the individual choosing to use our Online Services as defined below (“you,” or the “user”). 

Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU. 

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Acceptance of ToU
We know these ToUs can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing. 

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Changes to Terms
From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU. 

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Online Services this ToU Covers
First Take offers a variety of educational guidance and support resources for individuals pursuing a career in acting, including one-on-one consultations, monthly membership that includes educational videos, a blog, and other resources, and workshops on a variety of industry-related topics (collectively the “Services”) that are purchased via the website www.firsttaketx.com (the “Site”). This ToU applies to our online services, including our Site, our social media pages, and any future online services we develop (collectively the “Online Services”). 

Services This ToU Doesn’t Cover
We love supporting our partners, and to show our appreciation, we may link to their websites and services. When you click on one of these links, you are leaving First Take, and this ToU no longer applies. The way our partners, or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as Zoom, Google, Instagram, or Facebook, you agree to their services policies, and this ToU is in addition not in place of such agreements.

Conditions Before You Access Our Online Services
Our Online Services are not targeted or intended to be used by people under the age of 18, and you are not permitted to make purchases from our Online Services unless you are over the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company. 

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User Accounts
We don’t personally require you to have a user account to browse our Site. However, you may be required to create an account to purchase service offerings from our Site and you will be required to provide us with some personal information, such as your email address, name, and password. Any personal information that you provide to us will be treated in accordance with our Privacy Policy. Further, in order to communicate via social media or interact with any of our other Online Services hosted by another third party, you may be required to provide personal information and, in some cases, create an account (we have no control over these accounts).

Suspension and Termination of Your Account
 

• Involuntary Suspension or Termination of Your Account

We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to suspend or terminate your account and prevent access to our Online Services at any time for any reason. 

• Voluntary Termination of Your Account

You are free to delete your account voluntarily at any time. However, as stated below no refunds are offered for Services purchased. Deleting your account will mean that you will no longer be able to access the Site and easily view any resources, attend consultations that you have booked, or view your purchase history. Information that you have previously provided to us will not be deleted along with your account unless you specifically ask for such information to be deleted and we are able to meet such request as determined at our discretion in accordance with the law and our Privacy Policy.

Pricing & Availability
Purchases via our Site for Services are processed through a PCI-compliant third party, so we don’t see or store your credit card information for these unless there is a technical error resulting in us needing to manually enter your payment details with your express permission. The current cost of each service offering is clearly marked on our Site. We reserve the right to remove any Service offerings at our discretion and without notice, and we cannot guarantee that a certain Service will be available on our Site for any amount of time. There may be times when we need to make changes to our pricing for Services, and as such prices advertised are not guaranteed until a purchase has been made. The cost of your Service purchase will be billed at the rate and at the times stated during checkout at the time of purchase. When you select a Service, please remember that you are committing to payment for that Service. All service fees are non-refundable upon payment. You must purchase the Service offering before you are able to book that Service using our online booking calendar.

Bookings
All bookings for our Services are made via our online booking platform available on our Site or as otherwise communicated to you. Available times and dates for the Service you are booking will appear in the booking platform and are subject to our availability. If you need to reschedule a one-on-one Service, you must email us and provide at least 24 hours’ notice. You must reschedule the one-on-one Service within three (3) months of the original booking date, or we may deem the Service cancelled and non-refundable. We may require you to provide additional information or fill out a questionnaire before we provide certain Services. Please note that if you are unable to attend a group/workshop Service, you will not be entitled to attend a subsequent group/workshop to make up for your inability to attend, or be entitled to a credit or refund.

Service Descriptions
We strive to adequately describe our Services on our Site and by providing other subsequent information before bookings are confirmed so that you can determine your interest level and select a Service that’s right for you. Please explore our Site to confirm that the Service offered works for your needs and consider selecting a discovery call or shorter commitment Service as a trial. 

Feedback & Commitment 
We may provide regular and constructive feedback and evaluations regarding your progress and outcomes while carrying out Services under this Agreement. You understand that such feedback is not intended to offend but is intended to challenge you and your current practices to achieve your career goals. However, you must commit to the Services, participate in the assigned tasks, and listen and implement recommendations that we make in order to get a benefit out of our Services. You should ask questions, let us know when you need more support, communicate gaps and struggles in your career transparently, and actively seek feedback from us. You understand that without your full commitment to our Services, we cannot help you achieve the results you seek for your career.

Guidelines for Content You Upload 
We may allow users to interact with our social media accounts, or join group/community forums we create as part of our Online Services (the “Social Services”). The purpose of these Social Services is to allow for questions to be asked and to facilitate a community. To ensure that these Social Services are enjoyable for everyone, we have established some ground rules to follow, and by using our Social Services, you agree to comply with these terms:

• Please don’t: ​

  • ​​Use the Social Services to spam or send unsolicited commercial posts;
    Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;

  • Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or

  • Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexual orientation.

• Please do:

  • Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;

  • Give constructive feedback on how we can improve our Online Services;

  • Ask questions about our goods and services;

  • Mingle and make friends; and

  • Be a nice human!

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We do not have any ownership rights in the content created and posted by you onto our Social Services. However, by using our Social Services to create such content, you grant to us a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce such content in any media format through any media channel now existing or developed in the future. We will not be liable for any content posted or communicated using our Social Services, but we may, as an administrator, not approve or delete content that, at our discretion, we find inappropriate or in violation of this ToU (remember, the internet is forever).

General Intellectual Property & Grant of License to Use Online Services
Our Online Services contain content, such as the “First Take” name and logo, our website design, our website code, coursework, videos, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos, and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. First Take does not grant or transfer any other rights, title, or interest to you other than the following limited license: First Take grants to you a limited, non-exclusive, non-transferable, revocable license to access and use First Take’s Online Services for non-commercial personal purposes only. First Take reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU. 

Resource License
Some Services include access to resources like videos, templates, and other materials (the “Resources”). If you purchase a Service that includes access to such Resources, First Take grants to you a limited, non-exclusive, personal license to the Resource(s) included in the purchased Service. This license means that you can use the Resource to guide you through your pursuit of a career in the television and film industry. This license is non-exclusive, meaning that other people will be able to purchase the same Resource(s) and will receive the same license. To be clear, you also cannot resell, lease, duplicate, license, sub-license, redistribute, share, or offer for free any Resource to any third party or marketplace. Nor can you use any Resource(s) to assist another individual with their career development, whether for monetary gain or not. If someone is inspired by the growth or insight you were able to achieve with the help of a Resource, we encourage you to direct them to our website so that they can purchase the Service that best suits their needs.

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Publicity
You grant to First Take a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or comments posted on any third-party platform (including Instagram, Facebook, and Google Reviews) that you make about First Take for our publicity and marketing purposes.

Permission to Record
You grant us permission to record and photograph you while rendering our Online Services and the perpetual, revocable right to use such recordings/photographs for our marketing and promotional purposes without any compensation due to you. We will give you notice before recording a one-on-one Service. 

Copyright Policy& DMCA Claims
First Take respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringe on any person or entity's copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

• an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

Testimonials & Reviews Disclaimer 
Our Online Services may contain testimonials and reviews of our Online Services by other users of our Online Services. While based on the real-life experiences and opinions of such users, such opinions do not reflect the experiences of all of our users, and user experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the user and do not reflect our views and opinions.

Informational & Education Services Only
Despite being based on our expertise, education, and knowledge, all Services, information, materials, and Resources provided by First Take are informational and educational opinions/services only. You understand that First Take is not a financial or legal professional, that our Services and resources are not a substitute for professional financial or legal services or advice from a financial or legal professional, and that First Take does not warrant that our Services or information provided will be accepted or endorsed by third parties nor that our Services or information provided is suitable for your situation or will garner successful results. First Take does not warrant that our service providers have any certain level of education, training or certifications in connection with

Services or otherwise.

Representations and Warranties

• First Take’s Representations and Warranties

OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” FIRST TAKE MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, FIRST TAKE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. FIRST TAKE DOES NOT WARRANT THAT USE OF FIRST TAKE’S ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. FIRST TAKE IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. FIRST TAKE DOES NOT GUARANTEE ANY LEVEL OF SUCCESS WILL BE ACHIEVED BY YOUR USE OF OUR ONLINE SERVICES. OUR ONLINE SERVICES ARE INFORMATIONAL AND EDUCATIONAL ONLY, AND YOU ACKNOWLEDGE THAT FIRST TAKE HAS NOT AND WILL NOT RENDER ANY MEDICAL SERVICES TO YOU, INCLUDING WITHOUT LIMITATION, MEDICAL DIAGNOSIS OF ANY PHYSICAL OR PSYCHIATRIC CONDITION.

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User Representations and Warranties

• By using First Take’s Online Services, you represent and warrant that:

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  You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;

  • You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;

  • You have read and agree to this ToU and will not use First Take’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;

  • You will not try to reverse engineer or circumvent access to our Online Services; 

  • You will not circumvent or hack any technology used by First Take to protect our Online Services and our users;

  • You will not transmit any worms or viruses or any code of a destructive nature; and

  • You will not copy or fraudulently reproduce First Take’s content or violate our intellectual property rights.
     

Limitation of Liability

IN NO EVENT WILL FIRST TAKE BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. FIRST TAKE WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF FIRST TAKE UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO FIRST TAKE FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, FIRST TAKE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND FIRST TAKE.

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Indemnification
You agree to indemnify and hold First Take harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU and any activity related to your engagement with our Online Services including without limitation our Services.

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Release 
You hereby release and forever discharge First Take (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to First Take, our Online Services (including any interactions with, or act or omission of, other users, or any third-party links and ads) and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

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Privacy, Cookies, and Data Protection
We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy. 

International Users
First Take’s Online Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access First Take’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose. 

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Dispute Resolution
THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY FIRST TAKE.

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Letting Us Know About Complaints
At First Take, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about First Take's Online Services, please reach out to First Take to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.  

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Mandatory Binding Arbitration
If any controversy or claim arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Travis County, Texas. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. 

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Prevailing Party
If an arbitrator or court of law determines a claim against First Take to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse First Take for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.

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Class Action Waiver
You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against First Take will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of First Take’s Online Services. 

Assignment
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of First Take. First Take reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the First Take business or assets. 

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Survival of Terms Beyond Termination
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses. 

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Waiver and Severability
No waiver by First Take of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

Applicable Law and Jurisdiction
Except where otherwise required by mandatory law, this ToU, as well as our Privacy Policy, is to be governed by and interpreted, constructed, and enforced per the laws of the state of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.

Entire Agreement
This ToU and our Privacy Policy represent the entire and exclusive agreement between First Take and users of our Online Services. All previous written and oral agreements and communications related to the subject matter of this ToU and Privacy Policy are superseded. If any interior design service agreement or staging agreement is provided or has been provided in addition to this ToU and Privacy Policy, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such service agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.

Contact Us
Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this ToU, our Privacy Policy, or First Take’s services in general, just reach out! We would be more than happy to explain.

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5900 BALCONES DR STE 100

AUSTIN, TX 78731

(737‬)‭‭‭304-5998
jessica@firsttaketx.com