INSTRUCTOR/STUDIO (“LICENSEE”) TERMS AND CONDITIONS AGREEMENT

1.     Lisa McKenzie (“LICENSOR”) is the owner of ScART Events and the ScART program, including all registered trademarks, licensed marks, all digital assets such as e-course material, documents, logos, product name, product descriptions, videos, graphic elements and the copywritten ScART homework granted by the Library of Congress (Copyright Number TX0008551720).  There is to be no unauthorized use of any ScART assets outside of the terms of this agreement. ScART shall solely own and have exclusive worldwide right, title and interest in and to all United States and foreign trademarks, copyrights, service marks, trade secrets and all other intellectual property rights in any way regarding the Licensed Marks and Licensed Works, and to all derivative works and/or modifications thereto.  Painting with a Twist, LLC (“Franchisor”) or Licensee shall continue to own any trademarks, content, marketing materials, artwork, images, designs, photos, and all other copyrightable works, and any derivatives thereof, that Franchisor or Licensee provide to Licensor to support ScART events or in connection with this agreement.

2.    The cost to become a Certified ScART Instructor is $299.

3.    Once certified – and to remain certified – ScART Licensees are required to conduct a minimum of two ScART Events per calendar year. 

4.    The ScART curriculum, and all advertising and promotions should remain consistent as defined in the instructor training materials and cannot be modified.  Licensees must follow the ScART pacing guides and coursework as outlined.  Any promotions must use ScART logos, wording and artwork.

7.    All ScART events, including the payment portal and landing pages, will be booked and managed by ScART.   No studios or instructors should ever book a ScART event (or use any part of the homework) independently of the ScART website. 

8.    Studios and Instructors are asked to assist in marketing efforts within their own communities to create interest in ScART events.  ScART staff will assist in this effort in reaching out to area hospitals and support groups.

9.    Upon completion of a painting event, ScART will pay the following to the studio:

a.    ZOOM EVENT:  $15 per participant (with a 10 person minimum to conduct Zoom Class). ScART home kits will be shipped directly to the participants.

b.    STUDIO (small group) EVENT:  $10 per participant, or $250 total whichever is greater (10 person minimum to conduct group class).  Studio provides materials; participants paint at the studio.

c.    OFF-SITE EVENT:  $10 per participant, or $250 whichever is greater.  Studio provides materials;  participants paint at an off-site location.  PLUS traveling or “other” fees (as mutually agreed upon by the host event, ScART and the Instructor).

10. Upon the expiration or termination of this Agreement for any reason, the License to use the Licensed Marks and Licensed Works shall automatically revert to LICENSOR.

11. Non-Compete:  Studios and Instructors are prohibited from creating a product or experience that asks participants to use their scar as inspiration to create a work of art within 2 years of entering into this agreement.

12. Termination.  Either party may terminate this Agreement upon 30 days notice to the other party.