Introduction and Acceptance of Terms

Effective Date: November 7, 2025 Welcome to the Grainger County Arts and Heritage Society (GCAHS or “the Society”). These Terms and Conditions of Use and Engagement (the “Terms”) constitute a legally binding agreement between you (“User,” “Member,” “Participant,” or “Donor”) and the GCAHS, a non-profit organization located in Rutledge, Tennessee. These Terms govern your access to and use of all GCAHS services, including but not limited to our official website (info@gcahs.lat), mobile applications, newsletters, physical archive resources, educational workshops, public events, exhibitions, and all membership and donation programs. By accessing or using any part of the GCAHS services, engaging in any of our programs, or submitting any content, artifacts, or financial contributions, you signify your unreserved acceptance of and agreement to be bound by these Terms, as well as our separate Privacy Policy. If you do not agree to these Terms, you may not access or use any GCAHS services. The GCAHS reserves the right to modify these Terms at any time without prior notice. Your continued use of the services following the posting of revised Terms means that you accept and agree to the changes.

1. General Website and User Obligations

1.1 Use of Digital Materials

All content presented on the GCAHS website, including text, photographs, historical documents, logos, and digital reproductions of artifacts (collectively, “Digital Materials”), is the property of the GCAHS or its content suppliers and is protected by applicable intellectual property and copyright laws. Users are granted a limited, non-exclusive, non-transferable license to view, download, and print Digital Materials solely for personal, non-commercial, educational, and research purposes, provided all copyright and proprietary notices are retained. Any commercial use, redistribution, publication, display, modification, or creation of derivative works based on the Digital Materials is strictly prohibited without the express written permission of the GCAHS Executive Director.

1.2 Prohibited Conduct

As a User of our website and services, you agree not to engage in any activity that is harmful, illegal, or interferes with the mission of the GCAHS. Prohibited conduct includes, but is not limited to: (a) Attempting to gain unauthorized access to any part of the website, archive systems, or other computer systems or networks connected to GCAHS; (b) Uploading or transmitting any viruses, malicious code, or other material that could damage or compromise the security or integrity of the website; (c) Using the Digital Materials or any GCAHS service for any commercial purpose, including selling or soliciting goods or services; (d) Harassing, threatening, defaming, or otherwise violating the legal rights of other Users, GCAHS staff, or community members; and (e) Engaging in any activity that conflicts with the non-profit, educational, and cultural mission of the GCAHS.

1.3 Accuracy of Information

The GCAHS strives to ensure that the information presented on its website and in its exhibitions is historically accurate and reflective of the latest research. However, due to the nature of historical research, which is often based on incomplete primary sources and oral tradition, the Society does not warrant the absolute completeness or accuracy of any Digital Materials, historical narratives, or archival metadata. Users acknowledge that historical interpretations may evolve and agree that the GCAHS is not liable for any discrepancies or factual errors that may exist in its public-facing materials.

2. Membership and Financial Contributions

2.1 Membership Dues and Benefits

Membership in the GCAHS requires the payment of annual dues as specified on the membership form or website. Payment of dues entitles the Member to the privileges and benefits described for the chosen membership tier (e.g., discounted workshop fees, newsletter access, exclusive viewing hours). Membership is non-transferable and non-refundable. The GCAHS reserves the right to change membership fees and benefits at its sole discretion, provided that current Members will retain their paid-for benefits until the expiration of their current membership term.

2.2 Donations and Refunds

All financial contributions, donations, and gifts to the GCAHS are voluntary and non-refundable, as they are immediately applied to general operating expenses, archival preservation, and mission-related programming. The GCAHS is a recognized 501(c)(3) non-profit organization; all contributions are tax-deductible to the full extent allowed by law. Donors are responsible for consulting their tax advisors regarding the deductibility of their donations. In the rare event of a duplicate charge or processing error, a refund may be processed upon verification by the GCAHS accounting department, provided the donor notifies the Society within thirty (30) days of the transaction.

2.3 Tax Receipts

Official tax receipts detailing the amount of the non-refundable contribution will be issued to Donors in accordance with IRS regulations. The GCAHS cannot provide valuation services for in-kind (artifact or document) donations; it is the Donor’s sole responsibility to determine and claim the fair market value of any such non-cash contributions.

3. Events, Workshops, and Program Participation

3.1 Registration and Payment

Registration for all workshops, special events, and ticketed programs must be completed in advance through the designated online portal or in-person at a GCAHS administrative desk. Full payment is required at the time of registration to secure a spot. Registration fees are used to cover instructor costs, material procurement, and facility rentals, directly supporting the continuity of our educational mission.

3.2 Cancellation and Refund Policy for Programs

Participant Cancellation: If a Participant cancels their registration for a workshop or event, they may receive a full refund only if the cancellation notice is received by the GCAHS Programs Coordinator at least ten (10) business days prior to the scheduled start date. Cancellations received less than ten (10) days prior will not be eligible for a refund, but the fee may, at the sole discretion of the Programs Coordinator, be applied as a credit toward a future GCAHS workshop if a replacement participant can be found. GCAHS Cancellation: The GCAHS reserves the right to cancel or postpone any workshop or event due to low enrollment, instructor illness, or unforeseen circumstances (such as severe weather). In the event of GCAHS cancellation, Participants will be offered the option of a full refund or a credit toward any future GCAHS program.

3.3 Conduct at Events

All Participants, Members, and visitors are required to conduct themselves in a respectful, safe, and professional manner while on GCAHS property or at any GCAHS-sponsored event, exhibition, or historic tour. Disruptive, threatening, harassing, or illegal behavior will result in immediate removal from the premises or event without refund. Participants in hands-on craft workshops must strictly adhere to all safety guidelines and instructions provided by the instructor, particularly those related to the use of tools or specialized equipment. The GCAHS is not responsible for injuries resulting from a Participant’s failure to follow instructions.

3.4 Media Release and Photography

By participating in any GCAHS event, workshop, or program, you grant the GCAHS the irrevocable right to use, publish, and license photographs, video footage, or audio recordings taken of you and your minor children (unless you have explicitly opted out on the registration form) for promotional, marketing, or educational purposes in perpetuity. This includes use on the GCAHS website, social media, promotional materials, and grant applications. This media release is essential for showcasing our mission and securing future funding.

4. Archival Submissions and Intellectual Property

4.1 Artifact and Document Donations (Deed of Gift)

All donations of physical historical artifacts, documents, photographs, or materials to the GCAHS archive must be accompanied by a formal, legally executed Deed of Gift signed by the legal owner. The Deed of Gift transfers full and exclusive title, ownership, and all associated rights (including copyright, where permissible by law) of the material to the GCAHS. Once an item is accessioned (formally accepted) by the GCAHS, the transfer is irreversible. The GCAHS makes no promise that a donated artifact will be permanently exhibited or utilized in a specific manner; the Society reserves the right, based on archival best practices and space availability, to determine the ultimate disposition of the material, which may include permanent storage, exhibition, or deaccessioning (removal from the collection).

4.2 Oral History and Creative Content Submissions

When submitting an oral history, personal narrative, local research, or any original creative work (e.g., a poem, song lyrics, or craft design) to the GCAHS, you warrant that you are the sole creator and/or legal copyright holder of the content. You will be required to sign a Release Form granting the GCAHS a non-exclusive, perpetual, worldwide, royalty-free license to archive, reproduce, publish, display, and use the content for educational and historical purposes in all media, known or hereafter devised. You retain copyright to your original work, but the GCAHS requires this license to fulfill its mission of making historical and artistic materials available for research and public interpretation.

4.3 Warranty of Ownership

By submitting any material (physical or digital) to the GCAHS, the Donor/Submitter expressly warrants that: (a) They are the sole and rightful legal owner of the material and have the full authority to transfer the property and/or grant the specified usage rights; and (b) The transfer and subsequent use of the material by the GCAHS will not violate any copyrights, proprietary rights, privacy rights, or other legal rights of any third party. The Donor/Submitter agrees to indemnify and hold harmless the GCAHS against any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from any breach of this warranty of ownership or any intellectual property disputes related to the donated materials.

5. Disclaimers, Indemnification, and Limitation of Liability

5.1 Disclaimer of Warranties

All GCAHS services, including the website, programs, and archive resources, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. The GCAHS does not warrant that the website or its functionality will be uninterrupted, timely, secure, or error-free, nor does it guarantee the accuracy or reliability of any content obtained from the use of the services. Use of the GCAHS services is entirely at your own risk.

5.2 Indemnification

You agree to defend, indemnify, and hold harmless the GCAHS, its officers, directors, employees, agents, volunteers, and affiliates, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) Your violation of these Terms; (b) Your use of the GCAHS website or Digital Materials in a manner not expressly authorized by these Terms; (c) Any claims asserting that material you provided to the GCAHS infringes the intellectual property rights or other rights of a third party; or (d) Your conduct at any GCAHS-sponsored event or on GCAHS property, including but not limited to any physical injury or damage to property.

5.3 Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the GCAHS, its affiliates, directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of, or inability to access or use, the services; (b) Any conduct or content of any third party on the services; (c) Any content obtained from the services; and (d) Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the GCAHS has been informed of the possibility of such damage. The total cumulative liability of the GCAHS to you for any and all claims arising from or related to these Terms, the services, or the Digital Materials shall not exceed the amount you paid to the GCAHS in the preceding twelve (12) months.

6. Governing Law and Dispute Resolution

6.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles. By using the GCAHS services, you irrevocably consent to the exclusive jurisdiction and venue of the courts located in Grainger County, Tennessee, for any disputes arising out of or relating to these Terms.

6.2 Informal Dispute Resolution

Before initiating any formal legal action, you agree to first contact the GCAHS Executive Director at info@gcahs.lat in an attempt to resolve the claim or dispute informally. Both parties agree to negotiate in good faith to resolve the dispute within sixty (60) days of receiving the notice of the dispute. This informal resolution process is a condition precedent to initiating any formal legal or arbitration proceeding.

6.3 Waiver of Class Action

You agree that any proceedings to resolve or litigate any dispute shall be conducted solely on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. By agreeing to these Terms, you waive the right to participate in a class action or similar proceeding.

7. Miscellaneous Provisions

7.1 Force Majeure

The GCAHS shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including, without limitation, acts of God, war, terrorism, floods, power outages, and government acts.

7.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

7.3 Entire Agreement

These Terms, along with the Privacy Policy and any other legal notices published by the GCAHS on the services, constitute the entire agreement between you and the GCAHS concerning the services and supersede all prior agreements, proposals, and representations, whether written or oral.

7.4 Contact for Legal Inquiries

For any questions regarding these Terms and Conditions or for serving any legal notice, please contact us at the following: Attention: GCAHS Legal and Compliance Office Email: info@gcahs.lat Mailing Address: Grainger County Arts and Heritage Society PO BOX 101 RUTLEDGE, TN 37861