1. INTRODUCTION AND BINDING AGREEMENT

Welcome to the Notes for Notes® program, a service provided by Notes for Notes (“Notes for Notes,” “we,” “our,” or “us”), a 501(c)(3) nonprofit organization.

Notes for Notes provides youth worldwide with music-related activities including but not limited to education, recording and production, podcasting, interactions with music industry professionals, rehearsals, performances, concerts and/or events (“Notes for Notes Activities”). Notes for Notes also provides programming in a digital format utilizing online music recording and production tools as well as online audio and video conferencing tools that could be accessed on phones, tablets and computers (“Notes for Notes Digital”). Additionally, Notes for Notes operates physical music studios equipped with music and professional recording equipment that includes but is not limited to guitars, keyboards/synths, drums, DJ gear, podcasting booths and digital music workstations (“Notes for Notes Facilities”).

These Notes for Notes Terms of Use and Membership Agreement (“Agreement”) govern your and the participant's use of and participation in all Notes for Notes Activities, Notes for Notes Digital, Notes for Notes Facilities, and the associated visit tracking system, websites, applications, data, and services (collectively, the “Service”).

By signing up, registering, or otherwise accessing or using any parts of the Service, including the Notes for Notes Facilities or Digital programs, you are entering into a binding agreement with Notes for Notes.

Please read these Terms of Use and the other referenced documents carefully, as they include important information on:

• Your legal rights and obligations when you use the Service.

• The rights and releases you give us and other users when you use the Service.

• The rules everyone needs to follow when using the Service.

• Key information regarding changes, termination, liability, and dispute resolution.

You acknowledge that you have read and understood this Agreement, and agree to be bound by it. If you do not agree with (or cannot comply with) the Agreement, then neither you nor the Participant may use the Service or any parts thereof.

2. AGE AND REGISTRATION REQUIREMENTS

In order for the Participant to use the Service, the Participant needs to (1) be 18 years or older, or have a parent or guardian’s consent to this Agreement, (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States.

Minors, under the age of 18, are required to have a parent or legal guardian sign a Notes for Notes Studio Membership Registration Form.

3. CHANGES TO THE AGREEMENT

We reserve the right to change, alter, replace, or otherwise modify this Agreement at any time. When we make any material changes, we will provide you with notice as we deem appropriate under the circumstances, for example, by updating the date of last modification and posting to the Notes for Notes website, displaying a prominent notice within the Service, and/or by sending an email to the email address registered in your account. Your continued use of the Service after the changes have taken effect will constitute your acceptance of the revised Agreement. If you do not wish to continue using the Service under the new version of the Agreement, you may terminate the Agreement as described in the Term and Termination section below.

4. OUR SERVICE AND DATA COLLECTION

4.1. Program Description

The Service encompasses the Notes for Notes Activities, Digital, and Facilities as defined in Section 1.

4.2. Visit Tracking and Data Collection

The Service includes a non-interactive tracking system used to record and manage Participant visits to Notes for Notes Facilities and Digital programs, capturing data such as time in and time out. This Service is provided free-of-charge.

4.3. Purpose of Data Collection

The tracking system captures Participant personal information (including name, date of birth, and contact details) and visit log data. The primary purpose of collecting and storing this personal information is to fulfill reporting requirements for our grants, evaluate the effectiveness of the Notes for Notes program, and for internal program management. This information will be treated in accordance with ourPrivacy Policy (Please update link).

5. MEMBERSHIP AGREEMENTS (PARTICIPATION, RISK, AND RELEASE)

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN OR USE ANY NOTES FOR NOTES ACTIVITIES, NOTES FOR NOTES DIGITAL, AND/OR NOTES FOR NOTES FACILITIES, THE UNDERSIGNED, PARENT(S) OR LEGAL GUARDIAN(S) OF THE PARTICIPANT, ON BEHALF OF MY/OUR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, AND ON BEHALF OF THE PARTICIPANT, HEREBY AGREE(S) TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH BELOW:

5.1. PARTICIPATION

Permission is granted for the Participant to participate in the Notes for Notes Activities. I/We understand and acknowledge that certain risks may be inherent in this type of activity and I/we assume liability and responsibility for any such risks associated with participation in and use of the Notes for Notes Activities, Notes for Notes Digital, and/or Notes for Notes Facilities, including, without limitation, participation in one-on-one Participant to Notes for Notes representative format in Notes for Notes Digital.

5.2. ACKNOWLEDGEMENT OF RISKS

Notes for Notes cannot foresee every possible contingency or foresee all risks. I/We have had the opportunity to discuss all Notes for Notes Activities, Notes for Notes Digital and/or Notes for Notes Facilities with the Program Director, Area Director and/or other Notes for Notes employees. I/we acknowledge that I/we have read the foregoing and that I/we am aware of the legal consequences of this agreement, including that it prevents Participant and the undersigned from suing Notes for Notes or its employees, agents, officers, or directors if Participant Is injured or suffers any damage or loss for any reason as a result of participation in or use of Notes for Notes Activities, Notes for Notes Digital and/or Notes for Notes Facilities. I/we further acknowledge that no oral representations, statements, or inducements have been made.

5.3. ASSUMPTION OF RISKS

The undersigned hereby assumes full responsibility for the risk of bodily injury, death, or property damage in conjunction with any Notes for Notes Activities, Notes for Notes Digital and/or Notes for Notes Facilities whether caused by any negligent act or omission of releasees or otherwise. The undersigned expressly agrees that the foregoing release and waiver, indemnity agreement and assumption of risk are intended to be as broad and inclusive as permitted by applicable law and that if any portion thereof be held invalid, notwithstanding, the balance shall continue in full legal force and effect. The undersigned acknowledges that it is familiar with the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” The undersigned acknowledges that it may have sustained damages, losses, costs, or expenses by reason of an act, failure to act, event, or matter that are presently unknown and unsuspected and that such damages, losses, costs, or expenses as may have been sustained may give rise to additional damages, losses, costs, or expenses in the future. Nonetheless, the undersigned hereby expressly waives any and all rights it may have under California Civil Code Section 1542, and under any other state or federal statute or common law principle of similar effect.

5.4. VOLUNTARY RELEASE

THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE NOTES FOR NOTES, ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS (hereinafter referred to as “releasees”) from all liability to Participant, the undersigned, his or her personal representatives, assigns, heirs, and next of kin for any loss, damage, or claim therefore on account of injury to Participant, the person or property of Participant or the undersigned, whether caused by any negligent act or omission of the releasees or otherwise while the undersigned is participating or using Notes for Notes Activities, Notes for Notes Digital, and/or Notes for Notes Facilities.

5.5. HOLD HARMLESS

THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS releasees from all liability, claims, demands, causes of action, charges, expenses, and attorney fees (including attorney fees to establish the releasees’ right to indemnity or incurred on appeal) resulting from involvement in Notes for Notes Activities, Notes for Notes Digital and/or Notes for Notes Facilities whether caused by negligent act or omission of the releasees or otherwise.

5.6. RELEASE FROM THIRD PARTY LIABILITY

I/We understand that Notes for Notes is not an agent of, and has no responsibility for any third party including without limitation any sponsor or program that may provide any services, equipment, training, software, applications or activities associated with any and all Notes for Notes Activities, Notes for Notes Digital and/or Notes for Notes Facilities.

6. PHOTO/MEDIA RELEASE

I/we acknowledge that while participating in Notes for Notes Activities, Notes for Notes Digital and/or Notes for Notes Facilities that photos, recordings, videos or other media (collectively, the “Content”) may be captured of Participant. I/we hereby irrevocably consent to and authorize Notes for Notes and its affiliates to use the Content for public relations, fundraising, and/or Notes for Notes Activities materials. In addition, I/we hereby irrevocably grant Notes for Notes a non-exclusive, perpetual, royalty-free, fully paid-up license to use any original music Participant creates solely in connection with public relations, fundraising, and/or Notes for Notes Activities materials. Participant will still retain ownership of all intellectual property rights in Participant's original music including but not limited to publishing, performance, licensing, royalties, and distribution. This release includes permission to reproduce, advertise, publicize, broadcast or display the Content in connection with any Notes for Notes Activities, Notes for Notes Digital and/or Notes for Notes Facilities, with or without Participant’s name, an unlimited number of times in perpetuity in any and all media, now known or hereafter invented without any form of compensation throughout the known universe. The aforementioned use of the Content is essential for Notes for Notes to communicate the impact of its mission to its partners, affiliates, donors, sponsors, and the public. I/we hereby release and discharge Notes for Notes, its officers, employees, licensees, and affiliates from any and all claims, actions, suits or demands of any kind or nature whatsoever, in connection with the use and reproduction of the Content. I/we hereby waive any right that Participant or I/we may have to inspect and/or approve the use of the Content or any reproductions thereof, by Notes for Notes or its affiliates.

7. CODE OF CONDUCT

If Participant is found responsible for the destruction, theft, or mistreatment of any Notes for Notes Facility (i.e. equipment, furniture, electronics, and/or fixtures), I/we agree to pay for any such damages. If Participant's conduct is deemed inappropriate by any Notes for Notes employee this may result in the immediate temporary or permanent removal of participation in any Notes for Notes Activities, Notes for Notes Digital and/or Notes for Notes Facilities. Any Notes for Notes representative shall have full authority to enforce this Code of Conduct. Appeals of any suspension or expulsion shall be filed, in writing, with Notes for Notes within (7) days of action. All decisions of Notes for Notes are final.

8. YOUR NOTES FOR NOTES ACCOUNT

When you register to use the Service, you will provide us with your email address, and will choose a username and password for your account (if applicable). You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your account, you must notify us immediately in writing, and change your password as soon as possible.

We reserve the right to disallow, cancel, remove, or reassign certain usernames in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur which, in our sole discretion, would or might constitute a violation of the Agreement.

9. WARRANTY DISCLAIMER

WHILE WE USE COMMERCIALLY REASONABLE EFFORTS TO KEEP THE SERVICE OPERATIONAL AND DATA ACCURATE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHER MANDATORY RIGHTS AFFORDED TO YOU BY APPLICABLE LAW.

10. LIMITATION OF LIABILITY

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

IN NO EVENT WILL WE OUR SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS OR SHAREHOLDERS BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING ANY LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING FROM YOUR USE OF THE SERVICE, EXCEPT AS LIMITED BY LAW OR AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, specifically Section 5.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF US $100 OR THE AMOUNTS (IF ANY) PAID BY YOU TO US DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE PART OF THE SERVICE GIVING RISE TO THE CLAIM.

11. DATA PROTECTION, PRIVACY, AND COOKIES

All personal data that you provide to us in connection with your use of the Service is collected, stored, and used by us in accordance with ourPrivacy Policy (Please update link). In addition, in common with most online services, we use cookies to help us understand how people are using the Service. Our use of cookies, and how to disable cookies, is explained in ourCookies Policy (Please update link).

12. TERM AND TERMINATION

The Agreement will continue to apply until terminated by either you or us.

12.1. Termination by you

You may terminate the Agreement at any time by sending us a notice in writing to support@notesfornotes.org or to Notes for Notes, [Address], confirming such termination.

12.2. Termination by us

We may terminate the Agreement, or suspend and remove your access to the Service or any part thereof, temporarily or permanently, at any time including in the event of your actual or suspected unauthorized use of the Service, non-compliance with the Agreement, or violation of the Code of Conduct.

13. MISCELLANEOUS

13.1. MISCELLANEOUS (From Membership Agreement)

This agreement constitutes a single, integrated contract expressing the entire agreement of the parties hereto. There are no other agreements, written or oral, express or implied, between the parties hereto, concerning the subject matter hereto, except the agreements set forth hereto. This agreement may be modified or superseded only in a written instrument to this agreement that specifically references this Release and Indemnity Agreement and is executed by all parties. If any provision of this agreement is held to be invalid or unenforceable, the remainder of this agreement shall nevertheless remain in full force and effect.

13.2. Governing Law / Jurisdiction

The Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles.

13.3. Mandatory Arbitration

You and we agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to the Agreement or to your relationship with us as a user of the Service will be determined by mandatory binding individual (not class) arbitration.