By submitting this form, I enter into contract with Winston-Salem MIXXER, Inc., a 501(c)(3) organization (“MIXXER”), to function in a cooperative manner to perform the aforementioned class or workshop that encompasses the following: --------Provides educational opportunities to students of MIXXER.
Provides a safe place for learning.

Project Duties and Responsibilities:

a: MIXXER will be solely responsible for the following activities:
1. Providing access to MIXXER, specifically: use of the Space listed as a meeting location for Project.
2. Provide access to necessary equipment for Project.
3. Provide access to tools and equipment in keeping with standard operating procedures for members of MIXXER.
4. Provide training and assistance to Project Instructor, staff, and students to ensure the safe operation of tools and equipment.
5. Marketing the Project through wsmixxer.org and other appropriate channels typically used by MIXXER.
6. Collecting Liability Waivers from students
7. Collecting Fees from students
8. Disbursing monies per Payment Schedule.

b: Instructor shall be solely responsible for performing the following activities by, if applicable, the dates stated following the listed activity:
1. Developing content for the Project:
i. Demonstrating a complete plan for instruction, including safety plan, materials required, step-by-step plan, description, image, or actual finished example of project expected to be created
ii. Coordinating with MIXXER maximum capacity for class and modifications needed to ensure safety and comfort of students to MIXXER staff expectations.
iii. All Project learning objectives shall be developed, administered, and evaluated by Instructor and MIXXER.
2. Managing the safety and supervision of students during instructional time.
3. Coordinating cost and minimum/maximum students required, with MIXXER.
4. Completing a Liability Waiver prior to signing this Memorandum.

Financial:

1. Registration and collection of fees will be managed by MIXXER, through online portal.
2. Materials Provider may be MIXXER or Instructor. Materials Provider determines the Materials Fee. Materials Provider is solely responsible for procuring and providing materials in the proper quantity and type that is correct for the project.
3. Collected fees will be distributed as listed below:
a. Material Fees: Paid to provider of materials (MIXXER or Instructor).
b. 50% of Collected fees for instruction to be distributed to Instructor.
c. 50% of Collected fees for instruction to be distributed to MIXXER.
Cost for Project will be listed on MIXXER’s website as one Fee per student that includes Material fee and Instruction fee. MIXXER Members will receive a 10% discount.
Fees due to instructors are processed twice each month; first, within 5 days of the 15th day of each month, and second, within 5 days of the end of each month. Fees will be distributed by check mailed to Instructor on the day that fees are processed according to that schedule.

Authorized Representatives and Notices:

The authorized representatives to function as Instructor in all respects regarding the Project shall be the Instructor(s) and Assistant(s) listed on the final page of this agreement. The authorized representative for MIXXER shall be the facility Director or parties listed on the final page of this document as representative of MIXXER. Any notices or signatures required by this agreement together with all other communications between the parties shall be directed to these authorized representatives unless additional or different representatives are designated in writing by the parties.

Termination: The Project may be terminated with a 30 day written notice by either party to the other sent via email to all parties. In the event that Instructor is unable or fails to deliver Project, Instructor forfeits all fees that would have been due according to fee schedules in this agreement. If Project is cancelled by MIXXER, an attempt to coordinate an alternative date and time for the Project will be provided. Fees will be disbursed based on the alternative date and time of Project. No fees will be disbursed for a Project that is cancelled.

Ownership Rights:

a. In the event a Project results in the development of a tangible product such as, but not limited to, develop course material, a paper, article, survey, book, report, study, transcript, tape or video recording, film, or any other form of property resulting from the project, it is the property of the creator of the content.
b. Except as included or as part of a product referred to in the preceding paragraphs, any confidential proprietary information released by one party to the other in connection with the Project shall be returned to the disclosing party at the termination of the agreement and shall not be released to, or used by, any person thereafter except the disclosing party unless the parties agree differently in writing.

Independent Parties as Independent Agents: Neither party is nor shall be the agent for the other and shall not have the authority to incur liability or debt for the other. The powers, rights and responsibilities of each party is limited to those stated in this agreement or in any modification agreed to in writing by both parties.

Non-Endorsement of Products and Services: Engaging in the Project shall not in any manner be construed as an endorsement of any product or service of a person or entity, and it is specifically understood and agreed by the parties to the Project that they will not engage in any action or knowingly permit any action to be undertaken which can be construed as an endorsement of a product or service of any person or entity.

Non-Liability of Winston-Salem MIXXER, Inc. (MIXXER): It is understood and agreed by all parties to this memorandum of undertaking that MIXXER shall not be liable or responsible to Instructor, or any third party that may incur expense in connection with the Project for any expenses or liabilities associated with the Project, and neither party to this agreement shall represent to any third party that MIXXER is responsible for or liable for any expense or activity associated with the Project.