1. Acceptance of Terms and Agreement Overview

Welcome to the Fairfax Arts Coalition for Education (FACE). These Terms and Conditions of Service (“Terms”) constitute a legally binding agreement between you, the User (including parents, guardians, students, volunteers, or donors), and the Fairfax Arts Coalition for Education, a non-profit organization located at 4139 FOUNTAINSIDE LANE NUMBER 101, FAIRFAX, VA 22030, concerning your access to and use of all FACE programs, services, activities, events, and the website located at info@fface.lat (collectively, the “Services”).

By accessing, registering for, participating in, or utilizing any of the Services provided by FACE, you acknowledge that you have read, understood, and agree to be bound by all of 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. These Terms shall supersede any prior agreements or communications. We reserve the right, in our sole discretion, 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 “Last Revised” 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, and agreement to be bound by, such changes.

1.1 Legal Capacity

You affirm that you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are registering a minor for any program, you, as the parent or legal guardian, agree to be fully bound by these Terms on behalf of the minor participant.

2. Program Participation and Enrollment Obligations

These obligations apply specifically to the enrollment and attendance of any student in a FACE-sponsored program, residency, or workshop.

2.1 Enrollment and Placement

Enrollment in any FACE program is contingent upon the timely submission of a complete registration form and, for tuition-based programs, full payment of all associated fees as detailed in Section 3. FACE reserves the right to determine final placement based on student age, grade level, previous experience (where applicable), and available program capacity to ensure a positive and educationally effective group dynamic. Submission of an application does not guarantee placement. You agree to provide accurate, current, and complete information during the registration process, particularly concerning the student’s age and any medical or safety accommodations required.

2.2 Student Conduct and Disciplinary Action

All students are expected to maintain a respectful, collaborative, and safe demeanor while participating in any FACE Service, whether in a school setting, community center, or online environment. This includes, but is not limited to, respecting the instructions of Teaching Artists and staff, treating artistic materials and property with care, and engaging positively with peers. FACE operates a zero-tolerance policy for bullying, harassment, violence, or disruptive behavior that endangers the safety or learning environment of others. The Teaching Artist or Program Coordinator may, at their sole discretion, issue warnings, suspend a student temporarily, or, in cases of severe or repeated misconduct, permanently dismiss a student from the program. No refunds will be provided for dismissal due to behavioral violations.

2.3 Attendance and Absence Policy

For our programs to be effective, consistent attendance is highly encouraged. You are obligated to notify the Program Coordinator or the Teaching Artist directly if a student will be absent from a scheduled session. FACE is not obligated to provide make-up sessions, pro-rated refunds, or substitute instruction for classes missed by the participant due to illness, personal scheduling conflicts, travel, or disciplinary action. The integrity of our collaborative curriculum depends on the consistent presence of all participants.

2.4 Program Changes and Cancellation by FACE

FACE reserves the right to cancel, postpone, or modify any program (including changes in scheduled artists, venue, or time) due to low enrollment, artist illness, emergency situations, or unforeseen circumstances (e.g., severe weather).

• If FACE cancels a program entirely: You will be entitled to a full refund of the program tuition paid, or a credit toward a future program of equal value, at your option.
• If FACE postpones or reschedules a program: You will be notified immediately. If the new schedule prevents your participation, you will be entitled to a full refund. If the new schedule allows participation, no refund will be issued.

3. Financial Terms, Payments, and Refund Policy

This section governs all monetary transactions, including tuition, donations, and the conditions under which refunds may be issued.

3.1 Tuition and Fees

Tuition and fees for all non-grant-funded community programs are published on the FACE website and are due in full at the time of registration, unless a specific payment plan (if offered) has been mutually agreed upon in writing. You acknowledge that failure to submit timely payment may result in the cancellation of the student’s enrollment and forfeiture of the slot to a student on the waiting list.

3.2 Refund Policy for Program Withdrawal

All refund requests must be submitted by the parent or legal guardian in writing via email to the Program Coordinator. Refunds are processed according to the following schedule, based on the program start date:

• 30 or More Days Before Start Date: Full refund minus a $50 administrative processing fee.
• 7 to 29 Days Before Start Date: 50% refund of the total tuition fee.
• Less than 7 Days Before Start Date (or after program has commenced): No refunds, credits, or transfers will be issued, regardless of the reason for withdrawal (including illness, relocation, or change in personal schedule). This strict policy is necessary to ensure the financial viability of our programs, allowing us to contract professional Teaching Artists and procure specialized artistic materials well in advance of the program start.

3.3 Donations and Non-Refundable Contributions

All monetary contributions, sponsorship payments, and in-kind donations made to the Fairfax Arts Coalition for Education are considered non-refundable tax-deductible gifts upon receipt. By submitting a donation, you affirm that the funds are lawfully yours and that you intend the contribution to support the general mission and operations of FACE. We will provide a tax receipt upon request for all qualifying contributions in accordance with IRS regulations.

4. Intellectual Property and Media Release

This section outlines the rights and permissions related to creative works produced during the Services.

4.1 Student Artwork and Creative Work Ownership

The Fairfax Arts Coalition for Education acknowledges that the Student Participant retains all intellectual property rights to the original physical or digital artwork, compositions, scripts, or creative projects created by the student during participation in any FACE Service. FACE does not claim ownership of the student’s work.

4.2 License for Promotional Use by FACE

In order to promote our mission and secure future funding, you, the parent or legal guardian, hereby grant to the Fairfax Arts Coalition for Education a non-exclusive, royalty-free, perpetual, worldwide, and irrevocable license to use, reproduce, display, and distribute photographs, video footage, audio recordings, and images of the student’s artwork and, separately, the student participating in the Services (including the student’s likeness, first name, age, and general school affiliation, but excluding any personally identifiable contact information) for the sole purpose of:

• Marketing materials, brochures, and fundraising efforts.
• Website, social media, and digital promotional content.
• Grant applications and program reports to funders.
• Public and private showcases and exhibitions related to the Services. You understand and agree that no compensation will be provided for the use of such media or images. If you DO NOT consent to this media release, you must notify the Program Coordinator in writing prior to the commencement of the program. However, you acknowledge that in group settings, complete exclusion from all photographic or video documentation may not be entirely feasible.

4.3 FACE Intellectual Property

All logos, trademarks, program names (e.g., “Early Explorer Series,” “Creative Leadership Track”), curriculum materials, teaching methodologies, online content, and proprietary documents utilized by FACE (collectively, “FACE IP”) are the exclusive property of the Fairfax Arts Coalition for Education and are protected by copyright and intellectual property laws. You are prohibited from reproducing, distributing, modifying, or using any FACE IP without the express prior written consent of the Executive Director of FACE. Any unauthorized use is strictly prohibited and constitutes a breach of these Terms.

5. Disclaimers, Limitation of Liability, and Indemnification

5.1 Program Safety and Acknowledgment of Risk

You understand and acknowledge that participation in artistic and creative activities, including those involving movement (dance, drama), handling of tools and materials (sculpture, painting, printmaking), and physical presence at public venues, inherently involves certain risks and dangers that cannot be entirely eliminated. While FACE takes reasonable precautions, including using age-appropriate materials and maintaining supervision, you, the parent or guardian, voluntarily accept and assume all risks associated with the student’s participation in the Services, including any risk of property damage, personal injury, or even death.

5.2 Disclaimer of Warranties

All Services provided by the Fairfax Arts Coalition for Education are provided on an “as-is” and “as-available” basis. FACE makes no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites linked to our Services, and we will assume no liability or responsibility for any: (1) errors, mistakes, or inaccuracies of content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (3) any interruption or cessation of transmission to or from the Services; or (4) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party. FACE makes no guarantees regarding the student’s final academic performance or artistic outcome resulting from participation in the Services.

5.3 Limitation of Liability

To the fullest extent permitted by law, in no event shall the Fairfax Arts Coalition for Education, its officers, directors, employees, Teaching Artists, or agents 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 FACE has been advised of the possibility of such damages. FACE’s 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 amount paid, if any, by you to FACE for the Services during the one (1) month period prior to any breach giving rise to liability.

5.4 Indemnification

You agree to defend, indemnify, and hold FACE, its subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless 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: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward any other User of the Services with whom you connected via the Services. Notwithstanding the foregoing, FACE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FACE, and you agree to cooperate, at your expense, with FACE’s defense of such claims.

6. Governing Law and Dispute Resolution

6.1 Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

6.2 Mandatory Binding Arbitration

In the event of a dispute between you and FACE, you agree to first attempt to resolve the dispute informally by contacting the FACE Executive Director in writing. If a dispute is not resolved within sixty (60) days of submission, you agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the Services (including their validity, interpretation, performance, breach, or termination) shall be determined by mandatory and binding arbitration conducted in Fairfax County, Virginia. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

6.3 Waiver of Class Action and Jury Trial

You and FACE agree that any arbitration shall be limited to the Dispute between FACE and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND FACE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, electing instead that all claims and disputes shall be resolved by arbitration under this Section.

7. Miscellaneous Provisions

7.1 Entire Agreement

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and FACE. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

7.2 Severability

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

7.3 Force Majeure

FACE shall not be liable for any failure or delay in the performance of its Services (including, without limitation, program operation, event scheduling, or facility access) arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation, acts of God, pandemics, government orders, acts of war or terrorism, civil unrest, fires, floods, power outages, and labor disputes.

7.4 Contact Information for Notices

For all legal notices, official correspondence, and breach notifications under these Terms, communication must be sent via certified mail or email to the following address:

Fairfax Arts Coalition for Education (FACE) ATTN: Executive Director / Legal Department 4139 FOUNTAINSIDE LANE NUMBER 101 FAIRFAX, VA 22030 Email: info@fface.lat