Terms and conditions
Welcome to EVAM ARTS CORP (“we,” “our,” or “us”). We are delighted to welcome you to our vibrant community dedicated to artistic expression, personal development, and professional mentorship. These Terms and Conditions of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“User,” “Participant,” “Parent/Guardian,” or “you”), and EVAM ARTS CORP, concerning your access to and use of our website, enrollment systems, programs, services, facilities, and all associated artistic and community activities (collectively, the “Services”) offered at 425 BRIERLEY DRIVE, APEX, NC 27523, and online.
By accessing or using any part of our Services, registering for any program, making a payment, or submitting an application, you signify that you have read, understood, and agree to be bound by all these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
1. Enrollment, Program Participation, and Responsibility
1.1 Enrollment Confirmation and Fees
A place in any EVAM ARTS CORP program is secured only upon the completion of all required enrollment forms and the successful payment of the required tuition fees, deposits, or registration charges. Fees are specified in the program catalog and on the online enrollment system and must be paid in full or pursuant to a formally approved payment plan. Enrollment is considered a binding commitment, as class sizes are strictly limited to ensure quality mentorship and personalized attention (a core component of our Expressive Mentorship Model). Any failure to complete payment in accordance with the agreed-upon schedule may result in the forfeiture of the participant’s place in the program, without refund of any amounts previously paid. We reserve the right to change program fees at the beginning of any new term or session, provided we give at least 30 days’ advance notice to enrolled participants.
1.2 Program Changes, Cancellations, and Minimum Enrollment
EVAM ARTS CORP reserves the right to cancel, postpone, or restructure any program due to insufficient enrollment, mentor availability (including mentors like Aisha Khan or Dr. Elias Vance), or unforeseen facility issues at 425 BRIERLEY DRIVE.
- Cancellation by EVAM ARTS CORP: If a program is canceled by us prior to the start date, enrolled participants will be offered a full refund or a credit toward another program of equal value.
- Program Restructuring: We reserve the right to change the mentor, location within the facility, or daily schedule of a class if necessary. We will provide reasonable notice for any such changes.
1.3 Participant and Guardian Obligations
All Participants and their Parent/Guardian (if the participant is under 18) agree to:
- Adhere to the Schedule: Ensure punctual attendance to all scheduled sessions, as late arrivals disrupt the collaborative, process-driven learning environment.
- Safety Protocol Compliance: Strictly follow all instructions and safety procedures issued by the mentors, particularly those related to the use of specialized materials (e.g., ceramics equipment, power tools, chemical solvents) and the safety protocols supervised by Studio Manager Samuel O’Connell.
- Respectful Conduct: Maintain a respectful, supportive, and non-judgmental attitude toward all mentors, staff, volunteers, and fellow participants, upholding the core value of community and creative exploration.
- Required Materials: Purchase and bring all specific materials or supplies required for their enrolled program track (unless supplies are explicitly noted as included in the tuition).
2. Financial Policies, Refunds, and Withdrawals
2.1 Withdrawal and Refund Policy
Tuition, registration fees, and deposits are essential to cover preparatory expenses, secure mentor availability, and ensure the stability of the program. Therefore, our refund policy is strictly enforced:
- Withdrawal 30 Days or More Before Start Date: A full refund of tuition, minus a $50 non-refundable administrative fee.
- Withdrawal 14-29 Days Before Start Date: A 50% refund of tuition.
- Withdrawal Less Than 14 Days Before Start Date (or after the first class): No refund will be issued.
- Non-Attendance: Non-attendance or voluntary withdrawal after the session has begun does not qualify for a refund or credit. Exceptions may be considered solely at the discretion of the Executive Director, Aisha Khan, only for documented medical emergencies or family relocation, and any refund granted will be pro-rated.
2.2 Payment Methods and Disputes
We accept various forms of payment, including credit/debit cards and ACH transfers through our secure, third-party PCI-compliant payment processor.
- Accuracy: You warrant that any payment information you provide is accurate and current.
- Disputed Charges: If you dispute any charges made by EVAM ARTS CORP, you agree to first notify us in writing via email to info@evamac.site and provide all relevant documentation before initiating a chargeback with your financial institution. Unjustified chargebacks may result in the suspension of your enrollment privileges and a re-billing fee.
2.3 Scholarships and Financial Aid
Participants receiving financial aid or scholarships (managed in part by Lena Rodriguez) are subject to all program fees and policies, including those governing withdrawal. The aid provided is only for the specific term or program noted on the award letter and does not guarantee future financial assistance. Scholarship recipients must maintain satisfactory attendance and conduct records as defined by the Program Director.
3. Intellectual Property, Media, and Artistic Output
3.1 Ownership of Artistic Output
The Participant or the Mentor retains all intellectual property rights and ownership of the original artwork, portfolios, and creative output (“Artistic Output”) created during participation in EVAM ARTS CORP programs. We do not claim ownership of the physical art or the underlying intellectual property (copyright) in the work created by our students or mentors.
3.2 Limited License for Promotional Use
By enrolling in a program, you grant EVAM ARTS CORP, and its designees (including the Outreach Coordinator and Studio Manager), a non-exclusive, royalty-free, perpetual, worldwide license to use, display, reproduce, distribute, and publish photographs, digital scans, or video recordings of the Participant’s Artistic Output solely for the following purposes:
- Promotional and Marketing: Use in our printed materials, website, social media, and annual reports to promote the quality of our programs and attract new participants.
- Educational: Use by mentors for training, curriculum examples, and internal program evaluations (e.g., Dr. Elias Vance using examples to illustrate a pedagogical concept).
- Exhibition: Display in student exhibitions hosted at 425 BRIERLEY DRIVE or off-site community venues.
If the Participant or Parent/Guardian wishes to opt-out of this limited license for promotional purposes, they must submit a written request via email to info@evamac.site at the time of enrollment, clearly stating the nature of the restriction.
3.3 EVAM ARTS CORP Intellectual Property
All content, logos, unique program names (e.g., “Expressive Mentorship Model,” “Little Creators”), curriculum materials, instructional techniques, website content, and digital assets utilized or developed by EVAM ARTS CORP (e.g., lesson plans created by our professional mentors) are the exclusive property of EVAM ARTS CORP and are protected by copyright and intellectual property laws. You agree not to copy, modify, distribute, or create derivative works from our intellectual property without our prior written consent. This includes refraining from unauthorized distribution of course materials or teaching methodologies learned during the program.
4. Conduct and Disciplinary Actions
4.1 Required Conduct and Community Standards
Participants and their guardians are expected to adhere to the high standards of conduct that reflect the supportive, professional, and community-focused mission of EVAM ARTS CORP. This requires:
- Respect: Treating all individuals with courtesy, dignity, and respect, regardless of age, background, or artistic style.
- Inclusivity: Fostering a welcoming environment that respects the diversity and individual expression of all community members.
- Non-Violence: Zero tolerance for any form of physical aggression, bullying, harassment, discrimination, or abusive language directed toward any person or property within the facility or online platforms.
4.2 Disciplinary Process
Mentors and staff, led by Studio Manager Sam O’Connell, have the authority to address minor behavioral issues through verbal warnings and documented corrective measures. However, EVAM ARTS CORP reserves the right, at the sole discretion of the Executive Director, Aisha Khan, to suspend or permanently expel any participant or family member for engaging in serious or repeated violations of the Code of Conduct, including but not limited to:
- Endangering the safety of others or property.
- Vandalism or willful misuse of specialized studio equipment.
- Acts of bullying, harassment, or discrimination.
- Repeated disruption that severely impacts the learning of others.
In the event of expulsion due to behavioral violations, no refund of tuition or fees will be provided.
4.3 Media and Technology Use
Use of personal electronic devices (phones, tablets) during class time is prohibited unless explicitly authorized by the mentor for a specific educational purpose related to the curriculum (e.g., using a tablet for digital drawing reference). Unauthorized photography or video recording of other students or their artwork without explicit, documented permission is strictly forbidden to protect the privacy and intellectual property rights of all participants.
5. Limitation of Liability and Indemnification
5.1 Assumption of Risk in Artistic Environments
You acknowledge that participation in art programs involves inherent risks associated with an industrial creative environment, including exposure to non-toxic but potentially messy materials (paints, solvents, clay dust), the use of specialized tools and equipment (kilns, cutters, easels), and the risk of common accidents such as slips or falls within the facility at 425 BRIERLEY DRIVE. You voluntarily assume these risks and agree that EVAM ARTS CORP is not responsible for accidents or injuries occurring during participation or during travel to and from the facility, provided the organization and its staff have exercised reasonable care and supervision.
5.2 Limitation of Liability
To the fullest extent permitted by applicable law, EVAM ARTS CORP, its directors (including Aisha Khan and Dr. Elias Vance), employees, mentors, and agents shall not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Our total cumulative liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of the amount paid by you to EVAM ARTS CORP for the most recent program enrollment or $500.00 USD.
5.3 Indemnification
You agree to defend, indemnify, and hold harmless EVAM ARTS CORP, its affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of the rights of a third party, including intellectual property rights; or (d) any overt harmful act toward any other User or property of EVAM ARTS CORP.
6. Governing Law, Dispute Resolution, and Miscellaneous
6.1 Governing Law and Jurisdiction
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.
6.2 Mandatory Binding Arbitration and Class Action Waiver
Any dispute, controversy, or claim arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Wake County, North Carolina. The arbitration shall be administered by a mutually agreed-upon arbitrator in accordance with the rules of the American Arbitration Association.
Class Action Waiver: You agree that any arbitration shall be conducted solely on an individual basis and that no action shall be joined with any other action or involved in any class arbitration proceedings. You expressly waive your right to bring or participate in any class action or representative action against EVAM ARTS CORP.
6.3 Electronic Communications
By using the Services, you consent to receive electronic communications from us, including emails to info@evamac.site and messages posted on our website. You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal requirement that such communications be in writing.
6.4 Entire Agreement and Severability
These Terms, together with the Privacy Policy and any other legal notices or agreements published by EVAM ARTS CORP relating to the Services, constitute the entire agreement between you and EVAM ARTS CORP. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
6.5 Updates and Modifications
EVAM ARTS CORP reserves the right to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Effective Date” of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Services after the date such revised Terms are posted constitutes your acceptance of the new Terms.
7. Contact Information
For any questions, concerns, or requests related to these Terms and Conditions of Service, including withdrawals or clarifications on the Limited License for Artistic Output, please contact us at:
EVAM ARTS CORP Attention: Executive Director Address: 425 BRIERLEY DRIVE, APEX, NC 27523 Email: info@evamac.site
