A Passion for Young Children
The more a young child moves, the more they want to learn. And the more they want to learn, the more they want to move. Meeting a child’s developmental needs is what motivates us to come alongside teachers of young children, providing them with affordable and easy-to-teach music and movement activities that are fun and engaging for toddlers and preschoolers helping them achieve school-ready success.
Every lesson offered in our store has been first tested. Our writers are mothers who are passionate about meeting young children where they are at, harnessing the power of music and movement to stimulate the development of the whole child.
Vision: To have people connected with God and others living a life of purpose and intention.
Mission: To provide engaging Christian music and movement education for young children and those that love them.
FAITH: Faith in God in and His word as the foundation in all we do.
HOPE: Hope in God that will turn all darkness into light.
LOVE: Love who is God, and who Himself defines love.
HOLINESS: Holiness that is a calling, a lifestyle, rooted in living radical, sold out lives seeking Gods kingdom and righteousness rather than fleeting happiness.
LEADERSHIP: The servant leadership that Christ exuded, where we understand that in order to really carry the torch of hope, people must know that we care about them through serving them above ourselves.
TEAMWORK: Teamwork that promotes a culture of unity, friendship, and camaraderie.
STATEMENT OF FAITH:
The sole basis of our beliefs is the Bible, God’s infallible written Word, the 66 books of the Old and New Testaments. We believe that it was uniquely, verbally and fully inspired by the Holy Spirit and that it was written without error (inerrant) in the original manuscripts. It is the supreme and final authority in all matters on which it speaks.
We accept those areas of doctrinal teaching on which, historically, there has been general agreement among all true Christians. Because of the specialized calling of our movement, we desire to allow for freedom of conviction on other doctrinal matters, provided that any interpretation is based upon the Bible alone, and that no such interpretation shall become an issue which hinders the ministry to which God has called us.
1. There is one true God, eternally existing in three persons – Father, Son, and Holy Spirit – each of whom possesses equally all the attributes of Deity and the characteristics of personality.
2. Jesus Christ is God, the living Word, who became flesh through His miraculous conception by the Holy Spirit and His virgin birth. Hence, He is perfect Deity and true humanity united in one person forever.
3. He lived a sinless life and voluntarily atoned for human sins by dying on the cross as a substitute, thus satisfying divine justice and accomplishing salvation for all who trust in Him alone.
4. He rose from the dead in the same body, though glorified, in which He lived and died.
5. He ascended bodily into heaven and sat down at the right hand of God the Father, where He, the only mediator between God and humanity, continually makes intercession for His own.
6. Adam and Eve were originally created in the image of God. They sinned by disobeying God; thus, they were alienated from their Creator. That historic fall brought all people under divine condemnation.
7. Human nature is corrupted. As a result, all people are totally unable to please God. Everyone is in need of regeneration and renewal by the Holy Spirit.
8. Salvation is wholly a work of God’s free grace and is not the work, in whole or in part, of human works or goodness or religious ceremony. God imputes His righteousness to those who put their faith in Christ alone for their salvation, and thereby justified them in His sight.
9. It is the privilege of all who are born again of the Spirit to be assured of their salvation from the very moment in which they trust Christ as their Savior. This assurance is not based upon any kind of human merit, but is produced by the witness of the Holy Spirit, who confirms in the believer the testimony of God in His written word.
10. The Holy Spirit has come into the world to reveal and glorify Christ and to apply the saving work of Christ to individuals. He convicts and draws sinners to Christ, imparts new life to them, continually indwells them from the moment of spiritual birth and seals them until the day of redemption. His fullness, power and control are appropriated in the believer’s life by faith.
11. Believers are called to live so in the power of the indwelling Spirit that they will not fulfill the lust of the flesh but will bear fruit to the glory of God.
12. Jesus Christ is the Head of the Church, His Body, which is composed of all people, living and dead, who have been joined to Him through saving faith.
13. God admonishes His people to assemble together regularly for worship, for participation in ordinances, for edification through the Scriptures and for mutual encouragement.
14. At physical death the believer enters immediately into eternal, conscious fellowship with the Lord and awaits the resurrection of the body to everlasting glory and blessing.
15. At physical death the unbeliever enters immediately into eternal, conscious separation from the Lord and awaits the resurrection of the body to everlasting judgment and condemnation.
16. Jesus Christ will come again to the earth – personally, visibly and bodily – to consummate history and the eternal plan of God.
17. The Lord Jesus Christ commanded all believers to proclaim the Gospel throughout the world and to disciple people from every nation. The fulfillment of that Great Commission requires that all worldly and personal ambitions be subordinated to a total commitment to “Him who loved us and gave Himself for us.”
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING AND/OR USING THE PRODUCT PURCHASED FROM SING N’ SPROUT, LLC. BY USING THE PRODUCT YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT YOU MUST RETURN THE PRODUCT TO SING N’ SPROUT, LLC WITHIN THE RETURN PERIOD AS PUBLISHED BY LICENSOR FROM TIME TO TIME.
This License Agreement (“Agreement”) is made and entered into by and between you, the person or entity purchasing this product (the “Licensee”) and Sing n’ Sprout, LLC, a South Dakota limited liability company, having its principal offices at 804 West Watercress Circle, Sioux Falls, SD 57108-2816 (the “Licensor”), as of the date you sign the Agreement and/or click the acceptance box online (the “Effective Date”).
1. License. Subject to the terms and conditions of this Agreement, Licensor hereby grants Licensee a limited, revocable, non-exclusive, non-transferrable, non-sublicensable license as of the Effective Date, to (a) host Sing n’ Sprout classes (individually a “Class” collectively the “Classes”) utilizing the Products (hereinafter defined), and (b) to use the Sing n’ Sprout trademark as specifically provided herein ( collectively the “License”).
2. Term. The term of this Agreement will commence as of the Effective Date and shall continue until: (a) Licensee no longer offers Classes, (b) Licensee takes any action or conduct deemed by Licensor, in its sole and absolute discretion, to be detrimental to Licensor, or Licensor’s products, or (c) Licensee fails to comply with any provision of this Agreement (the “Term”). Upon termination of this Agreement, Licensee shall cease all use of the License and other Products and further agrees that Licensee will have no property interest or other right to offer Classes, and will not claim any such right at any time, including following termination of this Agreement.
3. Use of Product. Offering and providing Classes under this License involves the use of items or services sold, transferred, or given from Licensor to Licensee, which may include but are not limited to: compact discs, DVDs, toys, instruments, other equipment or devises, consultations, advice and guidance (individually a “Product” collectively the “Products”). Licensee agrees to properly supervise the use of the Products by its employees, agents, servants, invitees, licensees, consumers or other persons involved, directly or indirectly and further indemnifies Licensor from any claims arising from use of the Products.
4. Licensee Conduct. Licensee agrees to conduct its business in a manner which reflects favorably at all times on Licensor’s products, goodwill and reputation in Licensor’s sole and absolute discretion. Licensee further agrees to avoid deceptive, misleading, or unethical practices which are or might be detrimental to Licensor. Licensee’s advertising and marketing must only be as specifically allowed herein, and may not be discourteous, illegal, offensive, deceptive, misleading, unethical or immoral. Licensee agrees that it is solely responsible for the accuracy, legality, and legitimacy of any and all content in its advertising.
5. Intellectual Property Rights. Licensor does not transfer any portion of any title or ownership of any intellectual property rights, or any of the associated goodwill to Licensee, and except as provided in Section 1, this Agreement does not grant Licensee any right or license. No portion of the Products or Services may be reproduced, copied, transferred, uploaded, sold, or conveyed in any or by any means. Licensee agrees not to modify, rent, lease, loan, sell, distribute, duplicate or create derivative works based on the Products or services, in any manner, and to not exploit the Products or services in any way whatsoever. Licensee agrees to report any instances of suspected copyright and/or trademark infringement to Licensor and to give Licensor reasonable assistance, at Licensor’s expense, in investigating and prosecuting those responsible for the infringing acts.
6. Relationship of Parties. The relationship created under this Agreement is that of Licensor and Licensee only. Licensee shall not be considered an agent, legal representative, joint venturer, partner, servant or employee of Licensor for any purpose. Licensee may not represent itself as an agent of, certified by, or as otherwise affiliated with Licensor (Licensee and/or its facility is not Sing n’ Sprout certified, but instead offers Sing n’ Sprout classes). Subject to this Agreement, the manner and means of performing the services are subject to Licensee’s sole and absolute control. Accordingly, Licensee shall be responsible for payment of all taxes including federal, state and local taxes arising out of Licensee’s activities in accordance with this Agreement, including but not limited to, federal income tax, social security tax, sales, use, excise, Federal Insurance Contribution Act taxes, unemployment insurance taxes, and any other business taxes, workers compensation or license fees arising out of the activities of Licensee.
7. List of Authorized Facilities. Licensor may, in its sole and absolute discretion, identify Licensee on a list of facilities or individuals authorized to offer Classes and may post this list or a similar list of consumers to view. By offering, providing, hosting or holding any Classes, Licensee expressly authorizes Licensor to use and publish certain information about Licensee and its facilities, including name, geographic location, address, website, phone number, trademark, logo, other identifier of source, and the name of the instructor leading the Class.
8. Product Updates. Licensor, in its sole and absolute discretion, may make available additional Products and/or updates to the Product. The terms of this Agreement will govern any additional Products and/or updates provided by Licensor, unless such update is accompanied by a separate license in which case the terms of that license shall govern.
9. Indemnification. Licensee agrees to indemnify and hold harmless Licensor, its members, officers, employees, agents, and suppliers from any third party claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to Licensee offering or hosting any Classes, any use of the Products, any violating by Licensee of any of the terms or provisions of this Agreement, Licensee’s advertising or promotional materials or activities, failure to properly supervise employees, agents, servants, invitees, licensees, consumers or other persons involved, directly or indirectly and/or Licensee’s violation of any rights of a third party.
10. Insurance. Licensee agrees, that it currently has, will have, and at all times when utilizing the Products or otherwise offering Classes will have and maintain current, valid, and up-to-date comprehensive commercial general liability insurance (including contractual liability, bodily injury, property damage, personal injury, and other prudent coverage) adequate to cover any potential claims and the activities of Licensee.
11. Trade Secrets, Proprietary and Confidential Information – Nondisclosure. Licensee hereby acknowledges and agrees that the Products and any associated elements, designs, trade names, or trademarks are the sole property and asset of Licensor and that Licensee has no claim or interest in the Products or any derivation, improvement thereof, or said trade names or trademarks whatsoever. Licensee further acknowledges that in the course of its relationship with the Licensor, Licensee will acquire confidential information of a special, proprietary and/or unique nature and value relating to Licensor’s business, which information shall be considered a trade secret owned by Licensor, which information shall include, but is not limited to Product information, information concerning Licensor’s systems, policies, methods of operation, plans, processes, procedures, manuals, pricing and all other non-public information acquired by Licensee as a result of or during the course of its relationship with the Licensor. Licensee agrees that all such information acquired during the course of its relationship with the Licensor, whether such information is communicated in written or verbal form, constitute trade secrets of Licensor. Licensee agrees that Licensee shall not at any time or in any manner, either directly or indirectly, divulge or disclose Licensor’s trade secrets to any other person or entity. In addition, Licensee agrees that Licensee shall not use such trade secrets in competition with Licensor or for the gain or benefit of Licensee or any other person or Licensor. Licensee further agrees that Licensee shall not sell Products to any other customer or Licensee. Licensor further agrees that, following termination of this Agreement, Licensee shall not remove or retain any document, copy of document or any other recording, manuals, materials, books, compact discs, in any type or form, relating to said trade secrets and, further, Licensee shall not utilize or divulge said trade secrets to any other person or company, regardless of whether such knowledge or information is in recorded form or otherwise. Licensee agrees that compliance with this Agreement is necessary to protect the business and goodwill of Licensor, a breach of which will result in immediate and irreparable injury, loss, or damage to Licensor, for which money damages may not provide adequate relief. Licensee agrees that, in the event Licensee breaches the covenants contained herein, Licensor shall be entitled to both preliminary and/or permanent injunction in order to prevent the continuation of such harm and money damages insofar as they can be determined.
12. Use of Trademarks. Licensee is authorized to use the Licensor trademarks applicable to the Products purchased and subject to the terms and conditions of this Agreement and the other Licensor marks, as applicable, but only in accordance with the Licensor’s trademark use guidelines as established by Licensor, which may be subject to change from time to time, with or without notice, and only while this Agreement is in effect. Licensee is not authorized to do business under any Licensor trade names. Upon Agreement termination, Licensee agrees to cease all display, advertising and use of any and all Licensor trademarks. Licensee agrees not to alter, erase or overprint any notice provided by Licensor and not to attach any additional trademarks without Licensor’s prior written consent or affix any Licensor trademarks to any non-Licensor product. Licensee recognizes Licensor’s ownership and title to the trade names and trademarks and the goodwill attaching to the trade names and trademarks. Licensee agrees that any goodwill that may accrue because of Licensee’s use of Licensor trademarks will become Licensor property. Licensee agrees not to contest Licensor’s trademarks or trade names, or make application for registration of any Licensor trademarks or trade names without Licensor’s prior written consent. Licensee agrees not to use, employ or attempt to register any trademarks or trade names which, in Licensor’s opinion, are confusingly similar to Licensor’s trademarks or trade names. Licensee agrees not to advertise using Licensor’s trademarks or trade names in a way that could cause customers to mistakenly believe that they are contacting Licensor by contacting Licensee, or that they are visiting Licensor’s website. Licensee will not register or use any internet domain name which contains or is confusingly similar to Licensor’s trademarks. In no event shall Licensor have any other right whatsoever with respect to Licensee’s trademarks, and the authorization made herein shall cease and be of no further effect upon termination of this Agreement.
13. Disclaimer of Warranties. Licensee expressly agrees and acknowledges that, to the extent permitted by applicable law, use of the Products is at Licensee’s sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with Licensee. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED ‘AS IS’ AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
14. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO LICENSEE’S USE OR INABILITY TO USE THE PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event, shall Licensor’s total liability to Licensee, its agents, customers, and bystanders, for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
15. Assignment of Rights. Licensee may not assign its rights or delegate its duties under this Agreement to any party without the prior written consent of the Licensor. Any such purported assignment without the consent of Licensee shall be null and void and of no force or effect.
16. Governing Law; Venue. This Agreement and all obligations created hereunder or required to be created hereby shall be governed by and construed and enforced in accordance with the laws of the State of South Dakota without regard to conflict of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The exclusive venue for any dispute having its origins in the provisions of this Agreement shall be the courts of the State of South Dakota situated in the Second Judicial Circuit, Minnehaha County and the United States District Court, District of South Dakota, Southern Division. Each party consents to the personal jurisdiction of such courts.
17. Notices. All notices and other communications required or permitted under this Agreement shall be validly given, made, or served if in writing and delivered personally or sent by U.S. mail, to the Licensor at the following address:
With copy to: Alex S. Halbach, Esq., Cutler & Donahoe, LLP, 100 North Phillips Avenue, 9th Floor, Sioux Falls, South Dakota 57104-6725
As to Licensor: Sing n’ Sprout, LLC, 5000 MacArthur Lane, Sioux Falls, SD 57108
As to Licensee: Licensee consents to receive notice at the email address provided at product checkout. Licensee agrees that any such notices sent electronically will satisfy any communication requirements.
18. Cumulative Remedies. The various rights and remedies contained in this Agreement shall not be considered as exclusive of any other right or remedy, but shall be construed as cumulative and shall be in addition to every other remedy not or hereafter existing at law, in equity, or by statute
19. Waiver. No waiver, by either party, of any covenant, term, or condition of this Agreement shall be construed as a waiver of a subsequent breach, by either party, of any covenant, term, or condition herein.
20. Titles and Captions. All section titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context nor affect the interpretation of this Agreement.
21. Agreement Binding. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
22. Amendment. This Agreement may be amended only by the written agreement by the parties hereto.
23. Further Action. The parties hereto shall execute and deliver all documents, provide all information and take or forbear from all such action as may be necessary or appropriate to achieve the purposes of the Agreement.
24. Counterparts. This Agreement may be executed in several counterparts and all so executed shall constitute one Agreement, binding on all the parties hereto even though all the parties are not signatories to the original or the same counterpart.
25. Invalid Provisions. If any term, restriction or covenant of this Agreement is deemed illegal or unenforceable, all of the remaining terms, restrictions and covenants hereof shall remain unaffected and in full force and effect. If any application of any term, restriction or covenant of this Agreement to any person or circumstance is deemed illegal or unenforceable, the application of such term, restriction or covenant to other performance and circumstances shall remain unaffected to the extent permitted by law.
26. Survivability. Without limiting any other provision contained herein, upon termination of this Agreement all rights, duties, and obligations of the parties hereto shall cease and terminate except as to [IP rights, indemnification, confidentiality, trademarks, conduct], and rights and obligations accrued prior to the date of such termination, including rights and obligations under outstanding contracts or agreements not yet performed.
27. Entire Agreement. This Agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement. Licensee recognizes and agrees that Licensor may add, delete, modify, revise or supplement these terms and conditions in this Agreement without notice to Licensee at any time in its discretion by placing an updated version of the terms and conditions in this Agreement on the Sing n’ Sprout website, and continuing providing Classes constitutes the Licensee’s agreement to the updated Agreement.
Jenni loves to create, partner, and empower. She has a vision to provide affordable, fun and engaging music and movement curricula to the world. Hearing, seeing, and valuing the Lil' Sprouts of the world is what challenges her to create better and smarter curricula. She believes "world peace" is possible when children know unconditional love before 5yrs old. Working with young children, and the caregivers that love them, is her passion and what gives her a purpose everyday.
Lori has a heart of giving, organizing, and training. The Sing n' Sprout vision would not be accomplished without her talents. A long time employee of The United Way, she brings her talents of researching community needs, training, evaluating program outcomes, and partnering with organizations, by understanding the challenges they face and evaluating how Sing n' Sprout will help them meet their goals.