Terms of Service & Privacy Policy
Rochester Artist Collaborative LLC (RAC) Terms of Service Agreement
Effective Date: 09/01/2023
This Membership Agreement ("Agreement") is made between the Rochester Artist Collaborative LLC, herein referred to as "RAC," a profit arts organization registered under the laws of the State of New York, and the undersigned Member ("Member"). By executing this Agreement, and purchasing RAC Membership, you hereby agree to be bound by the following terms and conditions, as well as any future amendments.
Section 1: Membership Types and Benefits
1.1 Artist Membership
Cost: $50 per year
1.2 Model Membership
Cost: $50 per year
1.3 Community Membership
Cost: $50 per year
Section 2: Terms and Conditions
2.1 Membership Fees
Membership fees are due upon purchase and are non-refundable unless otherwise specified.
2.2 Renewal and Cancellation
This membership will auto-renew annually.
Cancellation Policy: You can cancel your Membership at any time; however, membership fees are non-refundable.
2.3 Rights and Privileges
Membership benefits, rights, and privileges are solely for the use of the signed Member and are not transferable.
2.4 Termination
RAC reserves the right to terminate any membership at its sole discretion for violating this Agreement, any policies, or conduct detrimental to the organization.
2.5 Use of Imagery and Recordings
You understand that photos, films, videos, or audio recordings are sometimes taken of Members for promotional purposes. By purchasing a membership, you agree to allow your image, recording, or likeness to be used for any legitimate purpose by us or by Rochester Artist Collaborative LLC.
2.6 Privacy Policy and Personal Information
All personal and payment information will be securely stored and processed in compliance with RAC's Privacy Policy. From the moment you apply for Membership, you will provide us with personal information about you, which we will have access to. By purchasing a membership, you consent to us collecting, using, disclosing, and dealing with your personal information in accordance with our privacy policy. Specifically, you consent to the transfer and storage of your personal information.
2.7 Changes to Agreement
RAC reserves the right to amend this Agreement at its discretion. By purchasing a membership you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions outlined in this Agreement.
Section 3: Member Conduct and Limitation of Liability
3.1 Member Behavior
As a member of RAC, you agree to conduct yourself in a respectful and appropriate manner while participating in RAC events, using RAC spaces, or interacting with other members and staff. We reserve the right to terminate your membership for any conduct we deem inappropriate or disruptive.
3.2 Limitation of Liability for Member Conduct
RAC strives to create a welcoming and supportive environment for all its members. However, we are not responsible for the behavior or conduct of other members. Interactions between members are at their own risk, and RAC cannot be held liable for any disputes, harm, or misconduct between members. By purchasing a membership, you acknowledge and accept this limitation of liability and agree to hold RAC harmless in such cases.
Section 4: Non-Disparagement
Section 4: Non-Disparagement
4.1 Agreement on Public Statements
You agree not to make any false or misleading statements, written or verbal, or cause or encourage others to make any false or misleading statements, written or verbal, that significantly harm the business reputation, practices, or conduct of RAC, its employees, directors, or officers. This includes, but is not limited to, any statement made to the press, on social media platforms, to RAC's customers or clients, or any other individual or entity with whom you have professional or personal contact.
4.2 Continuation After Termination
This obligation extends to statements, written or verbal, made at any time during and for a period of three years after the termination of this Agreement.
Section 5: Dispute Resolution
5.1 Negotiation
In the event of any dispute arising out of or in connection with this Agreement, both parties agree to negotiate in good faith to resolve the dispute.
5.2 Alternative Dispute Resolution
If the dispute cannot be resolved through negotiation, then the dispute may be resolved by mediation or arbitration as agreed upon by both parties.
5.3 Limitation on Legal Proceedings
You agree not to initiate any legal proceedings against RAC unless these dispute resolution methods have been exhausted.
Section 6: Prohibition of Theft and Unauthorized Use
6.1 No Stealing or Unauthorized Use
As a member of the Rochester Artist Collaborative LLC (RAC), you are granted access to various resources, including equipment, digital files, and physical space. You expressly agree not to steal, misappropriate, or make unauthorized use of any property belonging to RAC, its members, employees, or guests. This includes, but is not limited to, artworks, equipment, tools, digital assets, and proprietary information.
6.2 Monitoring and Surveillance
To protect the safety and security of our members and assets, RAC reserves the right to use monitoring and surveillance systems, including but not limited to video cameras, within the premises.
6.3 Reporting of Suspicious Activity
Members are encouraged to report any suspicious or unauthorized activity to RAC staff immediately. Failure to report known theft or unauthorized use may result in penalties, up to and including termination of membership.
6.4 Penalties for Theft or Unauthorized Use
Failure to adhere to this clause may result in immediate termination of your membership without refund, forfeiture of any associated privileges, and may also subject you to civil and criminal penalties as applicable under the law.
6.5 Recovery of Stolen Property
In the event that stolen property is recovered, RAC reserves the right to reclaim said property and decide on the appropriate course of action, which may include legal proceedings against the offending party.
6.6 Limitation of Liability
RAC is not responsible for personal property lost, damaged, or stolen while on RAC premises. Members are advised to take adequate precautions to safeguard their belongings.
Newsletter and Mailings Agreement
By becoming a member of the Rochester Artist Collaborative (RAC), you hereby agree to be subscribed to our regular newsletters, updates, and mailings. These communications will provide you with updates about the organization, including but not limited to events, workshops, member spotlights, and other community news.
Your email address will be stored securely and will not be shared with any third-party organizations without your consent, except as required by law. You will have the option to unsubscribe from our mailing list at any time through the "unsubscribe" link included at the bottom of each email or by contacting us directly to remove your email address from our mailing list. However, please note that unsubscribing from our emails may result in you missing important information related to your membership or RAC activities.
Your purchase of any RAC membership signifies your acknowledgment and agreement to this Newsletter and Mailings Agreement, and you consent to RAC using your email address for the stated purpose.
Section 7: Content Limitations and Community Guidelines for Safety, Inclusivity, and Respect
7.1 Sensitive Community Context
Rochester Artist Collaborative LLC (RAC) acknowledges our community's history with trauma and is committed to providing a platform that upholds safety, inclusivity, and respect.
7.2 Restricted Content and Conduct
RAC strictly prohibits the promotion, glorification, or encouragement of guns, violence, profanity, sexually explicit material, drug use, discrimination, racism, sexism, and sexual harassment on our platform.
7.3 Harmful Nature of Restricted Content and Conduct
Content or conduct that falls into the categories outlined in is harmful to the well-being of our community. Such actions erode the foundation of trust and safety that RAC aims to build and maintain.
7.4 Goal to Provide a Safe Space
Our goal is to offer a space where all members feel safe, respected, and valued regardless of their background. By adhering to these guidelines, we collectively contribute to a community that fosters artistic growth and mutual respect.
7.5 Responsibility for Content and Conduct
Members are solely responsible for the content they create, share, or promote and their conduct while utilizing RAC's resources or platform. Failure to adhere to these guidelines will result in immediate removal of the offending content and may include termination of membership without a refund.
7.6 Sexual Harassment Policy
RAC has zero tolerance for sexual harassment in any form, whether verbal or physical. Any instance of sexual harassment should be reported immediately to RAC for prompt investigation and action.
7.7 Reporting Mechanism
Members who encounter content or conduct that violates these guidelines are encouraged to report it to RAC immediately.
7.8 Review and Amendments
RAC reserves the right to periodically review and amend these guidelines to adapt to the changing needs and sensitivities of the community. Members will be expected to comply with updated guidelines.
Privacy Policy for Rochester Artist Collaborative (RAC)
At Rochester Artist Collaborative (RAC), the privacy and security of your personal information are of utmost importance to us. Given the nature of our work in fostering local artists and the arts community, we may collect nonpublic personal information about you. This could include personal information gathered from membership applications, event registrations, and other forms, as well as conversations and interactions you may have with our team.
Your information is gathered solely with your consent and is safeguarded by our internal protocols. Access to this confidential information is restricted and used only to offer you our services and opportunities. We will never disclose your personal information to any third party without your explicit permission unless mandated by law.
We adhere to physical, electronic, and procedural safeguards that comply with federal regulations to protect your personal information against unauthorized access.
By purchasing a membership with the Rochester Artist Collaborative LLC (RAC), you automatically agree and acknowledge that you have read, understand, and agree to the terms and conditions associated with your membership or participation in Rochester Artist CollaborativeLLC (RAC) activities, as outlined in the Membership Agreement.
Our mission is to empower Artists by providing them with the tools, resources, and opportunities necessary to thrive creatively and professionally. We are dedicated to fostering a supportive and dynamic environment where Artists can develop their skills, showcase their work, and connect with the community. Our goal is to create a lasting impact on the artistic landscape, ensuring that every Artist has the chance to succeed.
