Welcome to the Counterbalance Arts Collective (CBAC), a nonprofit organization dedicated to the promotion of diverse artistic expressions, education, and community resilience. These comprehensive Terms and Conditions of Service (“Terms”) constitute a legally binding agreement between you, the user, participant, visitor, or parent/guardian (collectively, “User” or “You”), and the Counterbalance Arts Collective, detailing the rules and regulations for accessing and utilizing all CBAC services, facilities, programs, and digital properties, including the website (www.cbac.lat) and physical location (176 HIGHLAND DRIVE, SEATTLE, WA 98109). By accessing, browsing, registering for, or making a donation to the Collective, you unequivocally acknowledge that you have read, understood, and agree to be bound by these Terms, along with our separate Privacy Policy. If you do not agree to these Terms, you are explicitly prohibited from accessing our services and facilities. These Terms cover all aspects of your relationship with CBAC, establishing the legal framework for participation in our educational, exhibition, and community programs. We reserve the exclusive right to modify, amend, or replace any part of these Terms at our sole discretion, and any such changes will be effective immediately upon posting. Your continued use of our services after the posting of any changes constitutes binding acceptance of those changes. As a creative collective, we emphasize mutual respect and clarity, and these Terms are intended to ensure a safe, fair, and productive environment for all members of our artistic community.

Article 2: Program Enrollment, Fees, and Refund Policy

Financial Obligations and Participation Commitments

2.1 Enrollment and Registration

All enrollments in CBAC’s educational programs, including youth classes, adult workshops, and masterclasses, are conducted through our designated online registration portal or through secure paper forms submitted to our administrative office at 176 Highland Drive. Enrollment is confirmed only upon receipt of the full tuition fee or the first installment of an approved payment plan, as specified during the registration process. Acceptance into certain advanced programs, such as the High School Pre-Professional Track or Artist Residencies, may be contingent upon a review of prerequisites, portfolio submission, or an interview process, which will be clearly outlined in the specific program documentation. It is the sole responsibility of the Parent/Guardian to ensure that all required health, safety, and emergency contact information provided during enrollment is accurate, complete, and updated immediately upon any change, as this critical information is necessary to uphold the safety protocols detailed in our policies.

2.2 Tuition Fees and Payments

Tuition fees for all programs are clearly itemized during the checkout process and are subject to change at the beginning of each fiscal year. Fees cover instructional time, general facility usage, and standard material consumption for most basic courses. However, specialized courses (e.g., advanced ceramics, digital media production) may require participants to procure certain high-cost or specialized materials, which will be specified in the course description; CBAC is not responsible for the cost or provision of such specialized materials. All payments must be made in US Dollars (USD) using approved methods, including major credit cards, bank transfers, or cashier’s checks. A late fee may be assessed for payments not received by the specified due date, including installments of approved payment plans, and repeated failure to meet financial obligations may result in the suspension of program access until the account is brought current.

2.3 Refund and Withdrawal Policy

Our refund policy is structured to balance commitment to our operational budget, which relies on predictable enrollment figures to compensate collective artists fairly, with understanding of unforeseen circumstances. A. Standard Withdrawal: If a participant withdraws more than 14 calendar days before the official start date of a program, the tuition fee will be refunded, less a non-refundable administrative fee (typically 10% of the total tuition or $75, whichever is greater). B. Late Withdrawal: Withdrawals occurring between 14 calendar days and 7 calendar days before the program start date will receive a 50% refund of the total tuition. C. Post-Start Withdrawal: No refunds will be issued for withdrawals made less than 7 calendar days before the program start date or at any time after the program has officially commenced, regardless of the reason for withdrawal or attendance record, as instructional and material costs are fully committed at this stage. D. Program Cancellation: In the rare event that CBAC must cancel a program due to insufficient enrollment or instructor unavailability, participants will receive a 100% full refund of all tuition and administrative fees paid. CBAC reserves the right to issue refunds in the same form of payment used for the original transaction and is not responsible for any associated bank or currency exchange fees incurred by the User.

Article 3: Conduct, Safety, and Facility Usage

Standards of Behavior and Protection of the Creative Environment

3.1 Standards of Conduct

All Users, including students, parents, collective artists, and visitors, are required to adhere to the highest standards of professional and respectful conduct while on CBAC property, during virtual sessions, or at CBAC-sponsored events. Prohibited conduct includes, but is not limited to: disruptive behavior that interferes with the learning or working environment; verbal or physical harassment, bullying, or discrimination against any individual based on race, gender, sexual orientation, disability, or religion; theft or intentional damage to CBAC property, the work of other artists, or shared materials; and the use of alcohol, illegal drugs, or controlled substances on facility premises. The use of art as a means of expression is encouraged, but hate speech or imagery that directly threatens the safety or dignity of others is strictly prohibited and constitutes grounds for immediate dismissal.

3.2 Safety and Studio Rules

All participants must strictly follow the safety protocols and instructions provided by the collective artists and facility staff, particularly concerning the proper handling of tools, specialized equipment (e.g., kilns, print presses), and potentially hazardous art materials (e.g., solvents, pigments). Participants must wear appropriate protective equipment when instructed (e.g., safety glasses, gloves) and report all injuries, no matter how minor, to a CBAC staff member immediately. Users are responsible for cleaning their personal workspaces and assisting with general studio upkeep after use, contributing to a safe and shared environment. Failure to comply with safety directives may result in temporary or permanent suspension from the affected program or facility access.

3.3 Damage and Liability

Users, or the Parent/Guardian of a minor participant, are financially responsible for any and all damage intentionally or negligently caused to CBAC premises, equipment, materials, or the property of other Users. CBAC maintains appropriate commercial general liability insurance but is not responsible for personal injuries sustained on the premises resulting from the User’s failure to follow safety instructions or negligence. Furthermore, CBAC is not liable for the loss, theft, or damage of personal property, including personal artwork, tools, electronic devices, or vehicles parked in the surrounding area of 176 Highland Drive, and strongly advises Users not to bring items of high monetary or sentimental value onto the premises.

Article 4: Intellectual Property and Media Release

Ownership of Creative Work and Rights of Use

4.1 Ownership of Student Work

Unless otherwise specified in a grant-funded or specialized program agreement, the intellectual property rights, including copyright, for all artwork, writings, compositions, and media created by a student or participant during a CBAC program are the exclusive property of the student or participant (or their Parent/Guardian, if a minor). CBAC claims no ownership rights over the creative content produced by its students. However, by enrolling, the participant grants CBAC a limited, non-exclusive, royalty-free license to photograph, display, and archive the work internally for educational assessment, documentation, and non-commercial promotional purposes related to the specific program (e.g., end-of-session virtual gallery showing).

4.2 Collective Artist and CBAC Intellectual Property

All original content, designs, curriculum materials, proprietary teaching methodologies, logos, website content, and instructional guides developed by the collective artists or CBAC staff remain the exclusive intellectual property of the Collective or the individual artists involved. Users are strictly prohibited from reproducing, distributing, modifying, or using any of CBAC’s proprietary content or branding for commercial purposes without prior express written permission from the Executive Director. Any curriculum materials provided to a participant are for personal, non-commercial educational use only.

4.3 Media Release and Consent

During classes, exhibitions, and public events, CBAC frequently captures photographs and video recordings for use in promotional materials, grant reporting, fundraising campaigns, and digital content (including website testimonials). By agreeing to these Terms, you consent to the capture and use of your likeness (or the likeness of your minor child) in such media. This consent grants CBAC a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute such media for non-commercial and promotional purposes related to our mission. However, we are committed to respecting individual privacy: any User (or Parent/Guardian) may explicitly opt out of this general media release by providing written notice to the Community Engagement Manager upon enrollment, and we will take all reasonable steps to exclude the individual’s identifiable image from future public-facing media, though we cannot guarantee the removal of images previously published or distributed.

Article 5: Digital Services, Website Use, and Third-Party Links

Rules for Accessing and Interacting with Our Online Presence

5.1 Website and Digital Access

The Counterbalance Arts Collective provides its website (www.cbac.lat) and related digital services (e.g., registration portal, e-newsletter) for informational and transactional purposes. You agree to use these digital platforms only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone else’s use and enjoyment of the website. Users are responsible for maintaining the confidentiality of their account passwords and are liable for all activities conducted under their account, whether authorized or unauthorized. CBAC reserves the right to suspend or terminate any account or block any IP address that is found to be engaged in unauthorized, abusive, or harmful digital activity.

5.2 Third-Party Links and External Content

Our website and digital communications may contain links to external third-party websites, such as those of our artists, community partners, ticketing services, or suppliers. These links are provided solely for convenience and informational purposes. CBAC has no control over the content, privacy policies, or terms and conditions of these external sites and does not endorse, guarantee, or take responsibility for their content or practices. Your access and use of any third-party website is done at your own risk, and you should review the respective policies of those sites before engaging in any transaction or sharing personal information, recognizing that our Privacy Policy and these Terms are strictly limited to CBAC’s domain.

5.3 Disclaimer of Warranties

All digital services, including the website and online resources, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. CBAC does not warrant that the website will operate uninterrupted, securely, or error-free, that defects will be corrected, or that the website or its servers are free of viruses or other harmful components. We make reasonable efforts to maintain security and accessibility but make no guarantees regarding continuous, fault-free operation.

Article 6: Data Privacy, Confidentiality, and Compliance

Integrating Policy with Our Data Security Commitments

6.1 Compliance with Privacy Policy

The collection, use, sharing, and retention of all personal data provided to the Counterbalance Arts Collective are strictly governed by the detailed provisions outlined in our Comprehensive Privacy Policy (see file privacy_policy_long.md). By accepting these Terms, you acknowledge and agree to the data practices described in that separate document, including our reliance on legal bases such as consent, fulfillment of contract, and legitimate interests for processing your information.

6.2 Confidentiality

All staff, collective artists, and volunteers of CBAC are bound by strict confidentiality agreements, ensuring that any sensitive personal, medical, or artistic information shared by participants or students remains protected and is used only for the purpose of program delivery, safety, or administrative necessity. We are committed to maintaining the confidentiality of all participant files and records, only disclosing them externally as legally required or with the explicit written consent of the User (or Parent/Guardian).

6.3 Reporting Security Concerns

Should you become aware of any potential data breach, unauthorized access to CBAC systems, or any security vulnerability related to our services or website, you are required to report it immediately and confidentially to the designated Privacy Officer using the contact details provided in the Privacy Policy. We maintain an incident response plan and rely on our community to assist in maintaining the security of the collective environment.

Article 7: Indemnification, Governing Law, and Dispute Resolution

Legal Framework for Accountability and Conflict Resolution

7.1 Indemnification

You agree to indemnify, defend, and hold harmless the Counterbalance Arts Collective, its affiliates, directors, officers, collective artists, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your access to or use of the services, facilities, or website; (b) your violation of these Terms or any applicable law or regulation; (c) your negligence or willful misconduct; or (d) any infringement by you of the intellectual property or other rights of any third party, including other participants. This indemnification obligation survives the termination of your relationship with CBAC.

7.2 Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles. You and CBAC agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington, for the resolution of any legal matter arising from these Terms, recognizing that our legal presence is firmly rooted in Seattle, WA.

7.3 Dispute Resolution (Informal)

In the event of any dispute or disagreement arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter informally and in good faith. Before pursuing formal legal action, either party must send written notice detailing the nature of the dispute to the Executive Director (director@cbac.lat) and the opposing party. The parties agree to meet (in person or virtually) within thirty (30) days of receipt of the notice to attempt to reach a mutual resolution, valuing cooperative and amicable settlement as a core principle of our collective ethos.

Article 8: Miscellaneous and Concluding Provisions

Final Clauses Defining the Agreement

8.1 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be substituted with a provision that best reflects the original intent of the Collective to the extent legally permissible. The unenforceability of one provision shall not affect the validity or enforceability of any other provision.

8.2 Entire Agreement

These Terms and Conditions, together with the separate Privacy Policy, constitute the entire agreement between you and the Counterbalance Arts Collective concerning the use of our services and facilities, superseding all prior or contemporaneous agreements, understandings, communications, and proposals, whether oral or written, between the parties.

8.3 Contact for Terms and Conditions

For any questions or clarification regarding these Terms and Conditions, please contact our administrative team:

Attention: CBAC Administration Email: programs@cbac.lat Mailing Address: 176 HIGHLAND DRIVE, SEATTLE, WA 98109