Welcome to the African American Arts and Culture Community Center (referred to herein as “AAACCC,” “the Center,” “we,” “us,” or “our”), an esteemed non-profit organization dedicated to the critical mission of preserving, promoting, and celebrating the vast and profound heritage of African American arts, culture, and history, while actively fostering robust community engagement and supporting individual creative expression within a safe and supportive environment. These comprehensive Terms and Conditions of Service and Engagement (the “Terms”) constitute a legally binding agreement between the AAACCC and every individual, parent, guardian, student, volunteer, donor, patron, website visitor, and third-party partner (collectively referred to as “User” or “you”) who accesses, utilizes, or otherwise engages with any of our services, programs, facilities, premises, digital resources, websites, or communications, establishing the foundational legal framework that governs all interactions and defines the mutual rights, responsibilities, and obligations of all parties involved in the Center’s vibrant cultural life. By clicking any acceptance box, completing any enrollment form, making a donation, entering our physical premises, accessing any secure online portal, or simply continuing to use our website or any of our digital content, you explicitly acknowledge that you have carefully read, fully understood, and unequivocally agree to be bound by the entirety of these Terms, alongside our separately published Privacy Policy, and you further affirm that you are of legal age to enter into this binding agreement, or, if you are a parent or guardian, that you are providing consent and legally binding the minor participant in your care to these provisions, making this voluntary acceptance a non-negotiable prerequisite for all forms of engagement and continued participation with the AAACCC and its multifaceted mission.

User Obligations, Conduct, and Program Participation

Standards of Conduct and Respectful Engagement within Center Premises

All Users, including students, parents, guardians, volunteers, and visitors, are strictly required to adhere to the highest standards of respectful, ethical, and safe conduct while on the premises of the African American Arts and Culture Community Center or during any off-site events or activities officially sanctioned and organized by the AAACCC, ensuring that the Center maintains an inclusive, positive, and harassment-free environment conducive to learning, cultural exchange, and artistic collaboration for every member of our diverse community. Users must treat all staff, volunteers, fellow students, patrons, and visitors with courtesy, dignity, and professionalism at all times, strictly prohibiting any form of physical, verbal, or written harassment, discrimination, bullying, intimidation, or aggressive behavior directed toward any individual on the basis of race, ethnicity, religion, gender identity, sexual orientation, disability, or any other protected characteristic, and any such behavior is deemed a severe violation of these Terms that may result in immediate suspension or permanent termination of access to our programs and facilities without refund. Furthermore, all Users must comply instantly with the instructions and requests of all AAACCC staff and authorized security personnel regarding safety procedures, facility use, class regulations, and any emergency protocols, recognizing that the staff are entrusted with maintaining the security, integrity, and order of the cultural environment, and failure to comply with these reasonable requests constitutes a breach of these Terms, potentially leading to immediate removal from the premises and subsequent disciplinary action as determined by the Executive Director.

Enrollment, Attendance, and Program Withdrawal Policies

Enrollment in any educational class, artistic workshop, or mentorship program offered by the African American Arts and Culture Community Center is subject to the explicit payment of all applicable tuition, fees, and material charges as specified in the program’s official registration documentation, and User participation is strictly conditioned upon maintaining a satisfactory attendance record and adherence to all specific programmatic prerequisites and behavioral standards outlined by the respective teaching artist or program director, ensuring the quality of the learning experience for all enrolled participants. Parents and guardians of minors are solely responsible for ensuring the timely arrival and departure of their children and for adhering to the Center’s mandated sign-in and sign-out procedures, recognizing that the Center’s duty of care for minors begins strictly at the scheduled start of the program and ends precisely at the scheduled conclusion of the program or upon verified guardian pickup, and any deviation from these established safety protocols is the responsibility of the parent or guardian and may lead to administrative fees or temporary suspension of enrollment. In the event a User or a minor participant chooses to withdraw from a program, the request for withdrawal must be formally submitted in writing to the administrative office, and any entitlement to a full or partial refund of tuition and fees will be strictly governed by the official AAACCC Refund Policy, which is publicly available on our website and is incorporated into these Terms by reference, often requiring submission of the written request before a specified deadline or the beginning of the program session.

Responsibility for Personal Property and Liability Waivers

The African American Arts and Culture Community Center explicitly disclaims all liability and responsibility for any loss, theft, or damage to the personal property of any User, including, but not limited to, art supplies, musical instruments, mobile devices, clothing, wallets, or vehicles, regardless of whether the loss occurs on the Center’s premises or at an off-site, sanctioned event, and all Users are strongly advised to retain possession of their valuables, utilize available locker facilities where provided, and refrain from bringing excessive or unnecessary personal items into the Center’s public or classroom spaces. Furthermore, participation in certain activities offered by the AAACCC, particularly physically intensive classes such as dance, drumming, movement workshops, or field trips, inherently carries specific, identifiable risks, and by enrolling themselves or their minor child, the User explicitly acknowledges these inherent risks and, to the maximum extent permitted by applicable law, voluntarily waives, releases, and discharges the AAACCC, its directors, officers, employees, volunteers, agents, and representatives from any and all claims, actions, or damages arising out of or related to any personal injury, accident, illness, or property damage that may occur during participation in or while traveling to or from any Center-sponsored activity, accepting sole responsibility for securing and maintaining adequate personal health and accident insurance coverage for themselves or their minor participant throughout the duration of their engagement with the Center.

Financial Terms, Fees, and Payment Obligations

Tuition, Program Fees, and Administrative Charges

The African American Arts and Culture Community Center operates on a sustainable, fee-for-service model for its educational and artistic programs, and all listed tuition, program fees, and material charges for enrollment are clearly itemized in the official course catalog and on the final registration invoice, representing a non-negotiable obligation that the User commits to fulfilling completely and promptly by the established due dates, which are essential for maintaining the operational capacity, staffing levels, and quality of the specialized cultural instruction provided. Fees are subject to annual review and potential adjustment at the sole discretion of the AAACCC Board of Directors to reflect changes in operational costs, facility maintenance requirements, and the necessity of retaining high-caliber teaching artists and cultural specialists, and any such adjustments will be formally communicated to enrolled families and the public with reasonable advance notice prior to the start of the next enrollment period, ensuring transparency in our fee structure. All payments must be remitted in United States Dollars via one of the approved payment methods accepted by the Center, which currently include certified check, approved credit or debit card processed through our secure third-party payment gateway, or electronic bank transfer where pre-arranged with the administrative office, and the User explicitly agrees to bear responsibility for any fees incurred by the Center due to rejected payments, insufficient funds, or chargebacks resulting from their attempted payment submission.

Financial Aid, Scholarships, and Default on Payment

As part of our organizational commitment to equitable access and cultural inclusion, the African American Arts and Culture Community Center maintains dedicated Financial Aid and Scholarship Programs designed to assist qualified families with demonstrated need in meeting the cost of tuition, but the granting of any scholarship or financial assistance award is solely contingent upon the accuracy of the information provided in the formal application, the availability of funding resources, and the strict adherence by the recipient to all stipulated terms and conditions of the award, which may include specific attendance and academic performance requirements. Any User who has been granted a scholarship or is utilizing a payment plan remains financially liable for the entire remaining balance of the program fee after the application of the award, and the User explicitly commits to fulfilling these residual financial obligations promptly and in accordance with the established payment schedule outlined in their formal financial agreement with the Center. In the event of a default on payment for any tuition, fee, or service charge, including the failure to remit payments under an agreed-upon payment plan, the AAACCC reserves the unconditional right to immediately suspend the participation of the User or minor participant from all classes and activities, withhold official documentation of program completion or academic performance, and, if necessary, pursue all available legal remedies and collections processes to recover the outstanding financial obligation, and the User agrees to be liable for all reasonable costs incurred by the Center in the course of such collection efforts, including, but not limited to, collection agency fees, court costs, and reasonable attorney’s fees.

Donor Solicitations, Gift Restrictions, and Refunds

The African American Arts and Culture Community Center is a registered 501(c)(3) tax-exempt organization, and all monetary contributions received are considered unrestricted gifts to be used at the sole discretion of the Board of Directors to further the Center’s overarching cultural and educational mission, unless the donation is explicitly designated by the donor in writing for a specific, Board-approved program or project at the time the gift is initially made, ensuring that the donor’s intent is legally and administratively respected. While we appreciate the generosity of all philanthropic partners, the AAACCC reserves the absolute right to decline any gift that is accompanied by unacceptable restrictions, presents an unmanageable administrative burden, or conflicts with the Center’s core values, mission, or legal obligations, and in such rare instances, the gift will be promptly returned to the prospective donor, with formal notification provided by the Executive Director. As a general policy, all completed donations are final and non-refundable once processed, as the funds are immediately allocated to support ongoing programmatic and operational needs; however, in the extremely rare event of a clear processing error or duplicate charge directly attributable to the Center’s administrative system, the donor should immediately notify the Development Office in writing, and the AAACCC will conduct a rapid review and, if the error is confirmed, process a full refund of the erroneous amount through the original payment method, while otherwise maintaining the firm policy that all contributions are considered irrevocable.

Intellectual Property, Licensing, and Media Release

Ownership of Center Content and Educational Materials

All content, educational materials, curricula, presentations, digital recordings, photographs, videos, archival documents, artistic works, and literary creations, whether delivered in a physical classroom or via an online portal, that are developed, created, or utilized by the African American Arts and Culture Community Center’s staff or contractors during the course of their employment or service, and all trademarks, service marks, logos, trade names, and distinctive branding elements associated with the AAACCC, are and shall remain the exclusive intellectual property of the African American Arts and Culture Community Center, protected under United States and international copyright, trademark, and intellectual property laws. Users, including enrolled students and parents, are granted a limited, non-transferable, revocable license solely to access and utilize the educational materials and curricula provided by the Center only for the duration of the enrolled program and solely for their personal, non-commercial educational use within the context of the program, and this license explicitly prohibits any form of copying, reproduction, distribution, public display, or commercial exploitation of the Center’s proprietary content without the prior, express written authorization of the Executive Director, ensuring the legal integrity and financial viability of our educational resources are consistently maintained.

User-Created Content and Creative Expression

While the AAACCC celebrates and encourages creative expression and the development of User-Created Content by students and participants during our artistic programs, the intellectual property rights in and to any original artwork, musical composition, literary work, or performance created solely by the individual student during a Center program shall vest with the student or their parent/guardian, subject only to the specific, non-exclusive licenses granted to the Center as outlined below, thereby respecting the individual ownership of the creative output generated within our supportive environment. However, any User-Created Content that incorporates, utilizes, or is derived from the Center’s proprietary educational materials, curricula, or intellectual property, or any content created collaboratively with Center staff or other students, shall be deemed a “Joint Work,” and the ownership and usage rights thereof shall be determined by a written agreement between the parties involved, or in the absence of such agreement, the User expressly grants to the AAACCC a perpetual, royalty-free, non-exclusive, worldwide license to use, reproduce, modify, display, and distribute that specific Joint Work for the Center’s non-profit educational and promotional purposes. The User further warrants that any content they create or submit to the Center does not infringe upon the intellectual property rights of any third party and agrees to indemnify and hold the AAACCC harmless from any claims arising out of the infringement allegations related to their submitted content, ensuring that our platform remains compliant with all relevant copyright and licensing laws.

Photography, Videography, and Media Release Consent

By enrolling a participant (whether adult or minor) in a program, attending an event, or entering the physical premises of the African American Arts and Culture Community Center, the User explicitly grants to the AAACCC, its employees, agents, and authorized media partners, an irrevocable, perpetual, worldwide, and royalty-free Media Release Consent and License to capture, utilize, reproduce, display, publish, and distribute their image, likeness, voice, artistic work, and any associated name or biographical information in photographs, video recordings, audio recordings, or any other media format, which may be created during their presence at the Center’s facilities, classes, events, or performances. This comprehensive consent is granted for the exclusive and necessary purpose of furthering the AAACCC’s non-profit mission, which includes, but is not limited to, utilization in fundraising appeals, program brochures, marketing materials, website content, social media posts, promotional videos, and archival documentation of the Center’s activities, demonstrating the vitality and community impact of our cultural programs to the broader public and prospective supporters. Any User, or parent/guardian on behalf of a minor, who objects to the publication or use of their or their child’s image must submit a formal, written objection to the administrative office upon enrollment or prior to the event, clearly stating the individual’s name and the specific media use restrictions requested, and the AAACCC will make all commercially reasonable efforts to honor this request in all future media capture and publication activities, recognizing that this request may not apply retroactively to materials already published or distributed prior to the receipt of the formal written objection.

Digital Services, Website Use, and Third-Party Links

Appropriate Use of Digital Resources and Websites

The African American Arts and Culture Community Center provides access to its websites, online learning management systems, and digital archival resources solely for the purpose of furthering our non-profit educational and cultural mission, and all Users are granted a limited, non-exclusive, non-transferable right to access and use these digital resources strictly in accordance with these Terms, prohibiting any form of misuse, unauthorized access, or malicious activity that could damage the integrity, security, or functionality of the platforms. Users are strictly prohibited from engaging in any activity that attempts to compromise the security of the Center’s digital infrastructure, including unauthorized access to internal systems, distribution of malware or viruses, large-scale data harvesting or scraping of content, or any attempt to interfere with the network or hosting services, and any such activities will be immediately reported to the relevant legal authorities for prosecution. Furthermore, the use of our digital platforms for the transmission of any unlawful, defamatory, harassing, obscene, or racially offensive material is strictly prohibited, and the AAACCC reserves the absolute right to terminate access to our websites and digital resources for any User found to be in violation of these acceptable use policies, protecting the digital integrity and ethical use of our cultural resources for the entire community.

Disclaimers Regarding Third-Party Links and External Content

The African American Arts and Culture Community Center website and digital communications may contain links or references to third-party websites, external resources, or content provided by organizations or entities not under the direct control of the AAACCC, which are included solely for the convenience of our Users, for educational reference, or as part of a legitimate partnership agreement, but the inclusion of any such link does not imply any endorsement, sponsorship, or recommendation by the Center of the content, services, or policies of that external party. The AAACCC explicitly makes no representations or warranties regarding the accuracy, completeness, security, legality, or suitability of any content, products, or services offered by these external third parties, and the User acknowledges and agrees that their access to and use of any external website or resource is entirely at their own risk and is governed by the separate terms and privacy policies of those specific third parties, absolving the Center from any liability arising from the User’s interaction with or reliance on any external content accessed via links provided on our platforms, emphasizing the independent nature of these external cultural and informational sources.

Governing Law, Dispute Resolution, and Termination

Governing Law and Jurisdiction

These Terms and Conditions of Service and Engagement and all disputes, claims, or controversies arising out of or relating to your use of the African American Arts and Culture Community Center’s services, programs, facilities, or digital platforms, or any financial, administrative, or programmatic relationship between you and the AAACCC, shall be governed by and construed exclusively in accordance with the laws of the State of California, without regard to its conflict of law principles, thereby establishing a clear and consistent legal framework for the interpretation and enforcement of these binding provisions. The User and the AAACCC irrevocably agree that the exclusive jurisdiction for any legal action or proceeding arising under or related to these Terms shall lie in the state or federal courts located within San Joaquin County, California, and both parties explicitly waive any objection to the laying of venue in such courts and agree not to plead or claim that any such action or proceeding brought in any such court has been brought in an inconvenient forum, assuring a predictable and locally relevant judicial venue for the resolution of any fundamental disputes that may arise between the Center and its stakeholders.

Dispute Resolution and Mandatory Arbitration Agreement

To ensure the rapid, efficient, and cost-effective resolution of any disputes that may arise, the User and the African American Arts and Culture Community Center mutually agree that, before initiating any formal legal action, the parties shall first attempt to resolve the dispute informally and in good faith, providing written notice of the claim to the opposing party and engaging in direct negotiation for a period of no less than forty-five (45) days from the date of the written notification. Should the parties be unable to resolve the dispute through negotiation, the User and the AAACCC mutually agree that, to the fullest extent permitted by applicable law, any and all remaining unresolved claims, disputes, or controversies shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction, substituting binding arbitration for traditional, potentially time-consuming and expensive civil litigation in a courtroom. The arbitration shall be conducted by a single, mutually agreed-upon arbitrator in San Joaquin County, California, and the parties expressly agree to waive any right to class arbitration or to bring or participate in any class action, consolidated action, or representative action against the Center, ensuring that all disputes are resolved solely on an individualized basis between the parties, prioritizing a streamlined and private resolution process over public litigation.

Termination of Services and Rights

The African American Arts and Culture Community Center reserves the unconditional right, in its sole and absolute discretion, and without prior notice or liability to the User, to immediately suspend or terminate any User’s access to any or all of the Center’s programs, services, facilities, or digital resources, including, but not limited to, classroom participation, facility usage privileges, website access, and administrative support, upon the occurrence of any event constituting a clear material breach of these Terms, including but not limited to, failure to make timely tuition payments, violation of the Code of Conduct and standards of respectful behavior, unauthorized use or infringement of the Center’s intellectual property, or engagement in any activity that poses a risk to the safety, security, or well-being of the Center’s students, staff, or property. Upon any termination of access or enrollment, all rights and licenses granted to the User under these Terms shall immediately cease and revert entirely to the AAACCC, and the User shall remain financially responsible for any and all fees, charges, or financial obligations incurred prior to the effective date of termination, and any clauses within these Terms that by their nature should survive termination, including, but not limited to, provisions concerning intellectual property ownership, liability limitations, indemnity, and dispute resolution, shall remain in full force and effect following any such suspension or termination of the relationship.