WTM CONTRACT AGREEMENT

If your application is accepted, you are purchasing and are committing to access for one (1) person, who is an active practicing visual artist, to We, The Muse (referred to below as the “Membership,” the “Membership Programme,” the “Programme” or “WTM”) from Sascha Gianella Art Contemporain (the facilitator, “SGAC,” “we,” or “us”). You must be at least 18 years of age or older to purchase access to We, The Muse.

We, The Muse includes live membership access, recorded membership access, membership content and materials, other information and materials furnished by SGAC, WTM members (collectively, “Content”) and access to a website for members of the Programme (the “Site”) and access to a community platform (the “Group” or the “Community”. By purchasing access to We, The Muse, you and SGAC hereby agree to these Terms and Conditions of Purchase and SGAC’s Terms of Privacy Policy (collectively, this “Agreement”) following legal terms and conditions that govern your use of We, The Muse and that form a legal agreement between you and SGAC. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.

CONTRACTUAL AGREEMENT

WTM / SGAC requires that the Membership Contract Agreement including our Terms and Conditions is agreed to and fully completed including full name, full street address (PO Boxes not accepted), fixed line residential or work phone number and email address in order to proceed to the Membership verification process. We will verify your details in order to confirm your participation. It is the responsibility of each member to keep their contact information up-to-date. We thank you for your understanding.

Important: It is assumed that by purchasing programmes, consultations, artwork or any product or service associated with We, The Muse / SGAC that the terms and refunds policy has been read in its totality, understood and accepted.

IMPRESSIUM

All information about our services, content, programmes, consultations, associated products and artwork is correct at the time of listing. By using our website you agree to be bound by the terms and conditions presented on this website including the information conveyed in these online sales guidelines for buyer and seller conditions. If you have any concerns regarding our terms and conditions please contact us.

MEMBERSHIP PRICING

Your membership rate will remain the same for as long as you remain a member in good standing. If you leave the membership and then wish to return, you will be charged the membership price applicable at the time of re-entry.

You are responsible to pay for We, The Muse either annually or monthly, in full, (including all applicable sales and other taxes or fees) and for providing us with PayPal / Stripe information using a valid credit card or other relevant payment method. If you select the monthly payment plan, you will be charged the first monthly payment when you register and subsequent monthly payments will be charged on the same day of the month thereafter unless cancelled by you according to the Terms and Conditions as set out in the Membership Contract Agreement. If you select the annual payment plan, you will be charged the full year when you register and subsequent payments will be charged annually thereafter unless cancelled by you according to the Terms and Conditions as set out in the Membership Contract Agreement.

If you have selected a payment plan and you miss a payment, your account status will be changed to “in arrears” (“delinquent”). You will immediately lose access to the Membership Site and Content as it is delivered, and your access to the Membership will be on hold until outstanding payment(s) are made in full and a valid credit card has been updated with PayPal / Stripe or other nominated payment facility by WTM / SGAC.

If your account remains “in arrears” for 2 billing cycles (60 days), your membership will be terminated. SGAC reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency, and/or refuse your application to rejoin the We, the Muse platform.

PAYMENT METHODS

Payment can be made via PayPal. Receipts will be automatically emailed upon processing. Stripe will also be offered in the near future.

CURRENCY

Our prices are in Swiss francs (CHF). WTM / SGAC holds no responsibility nor accountability for conversion costs or fees relating to currency conversions.

DUTIES AND TAXES

Membership prices listed are currently VAT exclusive.

INTELLECTUAL PROPERTY

All content in our Membership is copyright protected. An artist may use the material for their own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without the prior written approval of WTM / SGAC.

No part of the material on the We, The Muse website, the SGAC website, the Mighty Networks Community or in our Programmes and services can be used to establish, maintain or provide, or assist in establishing, maintaining or providing other publications, Internet site(s) or other means of distribution.

If there is a wish to reproduce any of the information including Membership material, videos, templates, tip sheets, blog posts, guides, artist biographies, artist and/or member stories and/interviews, artwork photographs or artist images from this web site, please contact us at WTM / SGAC to obtain permission. A link referring back to the WTM website and an acknowledgment of copyright is also required.

We, The Muse includes access for one (1) person only unless otherwise specified by WTM / SGAC. Upon acceptance of your registration, you will receive a link to the private member platform.

PRIVACY AND CONFIDENTIALITY

Any information that an artist or third party provides to We, The Muse or SGAC through our Membership, Programmes or Services will only be used by us in response to contact made by you.

By contacting We, The Muse or SGAC you are consenting to the personal information contained therein being transferred within We, The Muse or SGAC and being processed for the purposes described herein.

We, The Muse and SGAC promote our members’ work and achievements via our selected social media and marketing channels and marketing material. Should you wish to remove yourself and your work from this activity, please notify us.

We, The Muse and SGAC contain links to other websites, however we are not responsible for any data contained on these sites. If you have any concerns regarding your privacy, it is the responsibility of the individual to check the provisions contained within privacy policies of these websites.

Please refer to our full Privacy Policy here

We respect your privacy and must insist that you respect the privacy of other people that participate in or deliver the Membership (“Members”, “We, The Muse Members”, “Mentors”,” We, The Muse Mentors”, “Artists”, “We, The Muse Artists”, “Arts Professionals” or “We, The Muse Arts Professionals”).

By purchasing access to the Membership, you agree:

· not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of We, The Muse and/or SGAC or We, The Muse Members or We, The Muse Mentors.

· that any confidential information (information in the Group) shared by We, The Muse Members, We, The Muse Mentors or any of We, The Muse and/or SGAC’s representatives is confidential and proprietary and belongs solely and exclusively to the Member, the Mentor who discloses it or to We, The Muse or SGAC;

· not to disclose such confidential information to any other person or use it in any manner other than in discussion with other We, The Muse Members during or after your membership;

· that all Content provided to you by We, The Muse and/or SGAC is We, The Muse and/or SGAC’s confidential and proprietary information and intellectual property, belong solely and exclusively to We, the Muse and/or SGAC, and may be used by you only as authorised by We, The Muse and/or SGAC;

· the reproduction, distribution and sale of the Content by anyone other than We, The Muse and/or SGAC is strictly prohibited; and

· that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

· While you are free to discuss your personal results from the Membership, you must keep the experience and statements, oral or written, of all other Members and Mentors in the strictest of confidence, unless otherwise specified by the artists and persons in question.

Our Mentors are also obliged to treat any personal information held by us confidentially.

MEMBER AREA AND COMMUNITY RULES

The We, The Muse community was established to provide content, support, opportunity and accountability on professional practice matters specifically in relation to visual artists. It is not a platform to pitch directly and/or privately to We, The Muse Mentors or We, The Muse Members requesting direct introductions or recommendations to their networks, unless in the context of the WTM Members’ Services and Offerings and pre-approved by WTM / SGAC.

Whilst WTM is a space for connection and most spaces are pitch-free, solicitation-free and sales-free environments, Members are encouraged to communicate, collaborate and develop professional relationships with fellow We, The Muse Members and Mentors, and you are permitted to offer your services, sell your Programmes, artworks or Products to We, The Muse Members or We, The Muse Mentors, or invite new Members to join We, The Muse, within the context of, and designated spaces for such activity, within the Membership platform only. Members agree that WTM receive a predetermined commission for any services, programmes or products facilitated through our platform.

WTM members and Mentors are not permitted to promote other social networks, groups or Programmes on our platform, without express permission from WTM / SGAC.

Failure to comply with these terms will result in immediate termination of your participation in the We, The Muse Membership without refund.

We, The Muse Membership Guidelines:

You agree to abide by We, The Muse’s Membership Guidelines, which are available on the Mighty Network Platform and are hereby incorporated into this Agreement:

Membership Guidelines

1. This group is for private individual practising visual artists that are Members of We, the Muse in good standing, only. Non-member artists are also permitted into specified individual event / workshop / resource spaces.

2. Copyright of any image, artwork, content, video and/or text remains with We, The Muse and/or the Artist / Author and is not to be shared nor copied without the express permission of its Author.

3. Be kind. Bullying or derogatory remarks will lead to comment removal and membership deletion.

4. WTM recognises that aspects of this platform including artworks, media, content and discussion might land differently depending upon a Member’s background, life experiences and ways of being in the world. In the event where stress or trauma is triggered, members are encouraged to care for their safety and well-being by reaching out to support networks, and where necessary, contact us by email.

5. No blatant promotion or advertising of your work or websites is permitted unless useful or relevant to the members, and in the designated space for such content.

6. No requests for donations of money or sponsorship please.

7. By participating in this Membership, you agree to the Membership Guidelines. Any posts that violate the Guidelines will be deleted without notice.

8. You agree to abide by WTM's Terms and Conditions

THIRD PARTY INFORMATION, MATERIALS AND WEBSITES

We, The Muse and/or SGAC and/or our Members / Mentors / Art Professionals may provide links to third-party information, materials and websites.

These third-party information, materials and websites may or may not be part of the We, The Muse Membership and may be either withdrawn or terminated at any time without any liability on the part of We, The Muse and/or SGAC or our Mentors / Art Professionals.

You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party information, materials and websites. In addition, you agree that We, The Muse, SGAC nor our Members / Mentors / Art Professionals are not responsible for examining and evaluating the content and accuracy of any third-party information, materials and websites, and We, The Muse nor SGAC does not warrant and will not have any liability or responsibility for any third-party information, materials or websites or for any other information, materials, products, or services of third-parties. You further agree that you will not use any third-party information, materials and websites in a manner that would infringe or violate the rights of any other party and that We, The Muse nor SGAC will not be liable for your improper use of third-party information, materials and websites.

REFUND POLICY

Our information derives directly from artists and art professionals with whom we have worked with directly during the course of 30 years, and our artist members and mentors, who have given us an understanding of the actions that are taken to optimise an efficient career path towards success. As such, we recognise three key factors in guaranteeing success 1/ time 2/ commitment and 3/ creating a career path that is relevant to an artist’s individual practice. Seeing progress and results requires an agreement to implementing changes, new tasks and ways of thinking and working, and success is not guaranteed overnight, nor necessarily at the end of the initial Membership period. However we will happily refund the money you’ve paid us under this Agreement less any external fees subject to the following conditions:

· To be eligible for a refund, you must be a We, The Muse member who participated in the Membership in the calendar year of signing up.

· You must have completed 6 months of the We, The Muse membership to be eligible if you have opted for a monthly membership.

· Applied our recommendations. We’ll ask for your completed WTM Foundation Milestones (to make sure you gave it a go) and ask what didn’t work for you (so we can learn and improve).

· Please do not enrol in our Membership if you just want to “check it out.” We put an extraordinary amount of time and effort into this Membership, and we expect you to do the same. If you have not engaged with the material, or participated in Sessions, or on the Mighty Networks platform, your refund request will be refused.

· There is no eligibility for We, The Muse alumni members who purchased the Membership in any prior calendar year.

· All refunds are within We, The Muse and/or SGAC’s sole discretion as to whether to grant or deny the refund request.

CANCELLATION

If you wish to cancel your subscription, please contact us in writing within 7 days before the renewal of your annual membership, or within 7 working days of the renewal of your monthly membership.

If you cancel an annual subscription, your Membership will remain from the moment that you cancel until the end of the paid 12 month period, as will your access. You will not be charged for any further payments.

If you cancel a monthly subscription, your Membership will remain from the moment that you cancel until the end of that month, as will your access. You will not be charged for any monthly payments thereafter.

We, The Muse or SGAC may choose to not renew your monthly or annual subscription at their sole discretion, without notice to you, and in such cases, your membership will not be renewed upon expiration, and you will not be charged for future payments.

MEMBERSHIP TRANSFERRAL

If you wish to change the status of your membership from an annual to a monthly payment plan, you may do so at the same rate at sign-up, at the end of your initial payment plan period, as long as you continue to remain a member in good standing.

If you change from an annual payment plan to a monthly payment plan, you will be charged monthly plan rate.

If you are on a monthly payment plan and wish to change to an annual plan, you can do so at the end of the month period, at the same rate as when you joined the Membership, if you remain a member in good standing.

If you leave the Membership and re-join, you will be charged the rate at the time of your re-entry, which may, or may not, be the same as when you first entered the Membership.

You may not transfer your Membership to another person, or have your Membership listed in the name of a business, entity or organisation.

DISCLAIMER

We, The Muse and SGAC have taken all reasonable care in compiling and producing the information contained in our Membership and all material citing our Membership. We, The Muse nor SGAC will not be responsible for any loss or damage arising from the use of the information contained in the Membership. The contents of our Membership cannot be used as a substitute for seeking independent professional advice in making an investment decision exclusive to We,The Muse and/or SGAC’s services. We, The Muse nor SGAC make no representation or warranty, express or implied, as to the accuracy, reliability, or completeness of the information provided in its Membership or material citing as such. We, The Muse and SGAC and its respective principals, representatives, artists, consultants and partners shall have no liability (including liability to any person by reason of negligence or negligent misstatement) for any statements, opinions, information, or matters, express or implied arising out of, contained in or derived from, or any omissions from our Membership or material citing our Membership.

When addressing financial matters in any of our platforms, websites, videos, newsletters, programmes or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our Membership and its potential to grow your professional practice. However, We, The Muse nor SGAC do not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Membership, Content, or Site(s) is a promise or guarantee to you of future earnings.

By purchasing access to the Membership, you accept, agree and understand that you are fully responsible for your progress, connections and/or results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your progress, earnings, profit, conceptual or professional development, marketing performance, audience growth, connections, opportunity development or results of any kind. You alone are responsible for your actions and results in life and in your practice which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ideology, ability, dedication, savvy, network, and financial situation, to name just a few.

You also understand that any testimonials or endorsements by our members, mentors or audience represented on our Membership, platforms, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary. Any statements outlined on our websites, platforms, Membership, programmes, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.

ADDITIONAL TERMS AND CONDITIONS

1) You and WTM / SGAC have entered into this Agreement under Swiss law and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and SGAC, shall be determined in accordance with the Swiss law without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WTM (SGAC), ITS OWNER(S), OFFICERS, AFFILIATES, CONTRACTORS, OR COLLABORATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE WTM PLATFORM(S); AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WTM PLATFORM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. AS SET FORTH IN OUR PRIVACY POLICY, WTM / SGAC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE WTM PLATFORM, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.

3) You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage We, the Muse, SGAC, Sascha Gianella, our members and mentors, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libellous, or slander.

4) This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. We, The Muse is a non-transferable Membership.

5) If We, The Muse or SGAC suspect, in their sole discretion, that you have failed to comply with, or breached, any of the provisions of this Agreement, it is the sole discretion of SGAC, and without notice to you, to: (a) limit, suspend, or terminate your participation in the Membership without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.

Your obligations to the SGAC under this Agreement will survive expiration or termination of this Agreement for any reason.

6) We, The Muse / SGAC has the right of refusal to proceed with or to cancel a Membership without having to give any reason for its actions.

7) SGAC reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Membership. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Membership will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the platform or Site(s) or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at support@wethemuse.art

8) You agree to defend, indemnify, and hold harmless We, The Muse and SGAC, its owners, officers, mentors, contractors, directors, collaborators, associates, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the We, The Muse Membership.

9) You shall defend We, The Muse and SGAC in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognise and agree that all of We, The Muse and SGAC’s owners, officers, mentors, contractors, directors, collaborators, associates, related entities, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

10) In the event of a dispute arising under or relating to this Agreement or the Membership (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by Swiss Law. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under Swiss Law. If conducted in person, the arbitration shall take place in Switzerland.

11) You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other;

(ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (iii) 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 AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12) You acknowledge and agree that in the event of a breach or threatened violation of We, The Muse and/or SGAC’s intellectual property rights and confidential and proprietary information by you, We, The Muse and/or SGAC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. SGAC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of Switzerland for purposes of any such action by SGAC.

13) This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

14) The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

15) The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

16) We, The Muse nor SGAC makes no claim as to the future success or market value of the artists we work with.

17) The Membership Content is delivered as closely as possible to the Framework as given. However updates can and do occur should SGAC decide new or alternate content is relevant to the Membership. We will do our best to inform participating artists should content vary from the original presentation.