715-747-2054
TERMS AND CONDITIONS FOR MISA +
These Terms and Conditions (“Terms”) govern your participation in the Madeline Island School of the Arts Subscription Program – MISA+ (“Subscription Program”) offered by Madeline Island School of the Arts (“MISA,” “we,” “us,” or “our”). By enrolling in MISA+, you agree to be bound by these Terms. Please read these Terms carefully before enrolling.
- SUBSCRIPTION PROGRAM OVERVIEW
1.1. The MISA+ is a membership-based subscription program that offers various benefits and features to members.
1.2. Participation in the Subscription Program is available to individuals who are alumni of Madeline Island School of the Arts workshops.
- SUBSCRIPTION FEES, BILLING & CANCELLATION
2.1. You authorize MISA to charge your chosen payment method for the annual subscription fee.
2.2. Subscription fees are non-refundable, and there are no refunds or credits for partially used subscription periods.
2.3. The MISA+ membership will automatically renew (“automatic renewal”) each year for additional 12-month periods that commence on the day after the previous membership term ends unless (i) you have elected to opt out of automatic renewal after your enrollment or (ii) your membership is canceled or terminated.
2.4. You may opt out of Automatic Renewal by visiting XXXXXX and notifying us you want to opt out of automatic renewal. If you have opted out of Automatic Renewal, you may re-enroll after the 12-month period has finished. In the event of cancellation, the Membership account is terminated, effective immediately, and can no longer be used. Any Rewards on your account expire as of the cancellation. You will not be entitled to a refund of the Membership fee.
- WORKSHOPS REWARDS
3.1. MISA+ Membership Workshop tally will begin on date of enrollment to MISA+.
3.2. After three (3) workshop purchases, MISA+ members will receive a MISA+ tote bag.
3.3. After five (5) workshop purchases, the tuition cost for the sixth workshop will be $0. MISA+ members are responsible for food, travel and housing costs which will vary depending on the selected workshop.
3.4. After the purchase of ten (10) workshops, MISA+ members’ names will be added to the Legacy Wall of Honor at Madeline Island Campus.
3.5. MISA+ members are automatically enrolled in a one (1) time end of year raffle drawing for an all-inclusive workshop at any MISA location. Winners to be announced on the day of the raffle.
3.5.1 Raffle prize includes: One (1) workshop tuition, One (1) meal plan, Five (5) night stay at the workshop campus. All prizes must be combined for a single week and can not be spread across multiple workshops. Prize must be fulfilled within 720 days. Prize is non-transferable.
3.5.2 Workshop availability may be subject to change.
3.6.1 MISA+ Zoom with Instructor is eligible to all MISA+ members. Zoom call is limited to sixty (60) minutes with instructor 90-days following the workshop as determined by the instructor.
3.6.2 Zoom calls to be led by a teacher and facilitated with the virtual meeting application of choice. Including but not limited to: Webex, GoogleMeet, Zoom, etc… Teacher will be responsible for recording and distribution.
3.6.3 Madeline Island School of the Arts has no obligation to schedule any additional follow-up calls.
- TERMINATION
4.1. MISA reserves the right to terminate or suspend your Subscription Program membership at any time for violation of these Terms or for any other reason, with or without notice.
4.2. If your Subscription Program membership is terminated by MISA, you will not be entitled to a refund of the annual subscription fee. We may terminate your Premium Membership or Rewards Membership without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests or another user.
In the event of any such termination, you will not be entitled to a refund of your Premium Membership fee and any accumulated workshops or Rewards balance will be forfeited.
- CHANGES TO TERMS
5.1. MISA reserves the right to update or modify these Terms at any time. We will notify subscribers of any material changes to these Terms.
- PRIVACY
6.1. Your participation in the Subscription Program is also governed by our Privacy Policy, which can be found on our website. As a Member, the information we capture will be subject to the MISA Privacy Policy as amended from time to time in accordance with its terms.
- CONTACT INFORMATION
7.1. If you have any questions or concerns regarding the MISA+ Subscription Program or these Terms and Conditions, please contact 715-747-2054.
7.2. By enrolling in the Madeline Island School of the Arts Subscription Program – MISA+, you acknowledge that you have read, understood, and agree to these Terms and Conditions. These Terms constitute a binding agreement between you and Madeline Island School of the Arts.
- DISCLAIMERS; LIMITATION OF LIABILITY
Use of the MISA+ membership program and any of its associated benefits is at your sole risk. The membership benefits are provided on an “as is” and “as available” basis. MISA+ and all of its respective affiliates, directors, officers and agents (collectively “membership providers”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Membership providers make no warranty that (i) the MISA+ membership program will meet your requirements, (ii) the MISA+ membership program will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services, information, or other material purchased or obtained by you from your use of the MISA+ membership program will meet your expectations.
Membership providers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if membership providers have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the MISA+ membership program or any benefits thereof; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered via the use the MISA+ membership program; (iii) unauthorized access to or alteration of your the MISA+ membership program data; or (iv) any other matter relating to the MISA+ membership program.
This limitation of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your membership.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages. accordingly, some of the above limitations and exclusions may not apply to you.
9. GOVERNING LAW
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to conflict of law principles.
10. DISPUTE RESOLUTION
Please read this section carefully because it requires you and MISA+ to agree to arbitrate certain disputes. And claims and limits the manner in which we can seek relief from each other. Arbitration precludes you and MISA+ from suing in court or having a jury trial. You and MISA+ , inc. agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. MISA+ and you are each waiving the right to trial by a jury.
Follow the instructions below if you wish to opt out of the requirement of arbitration on an individual basis. No class or representative actions or arbitrations are allowed under this arbitration agreement.
Any dispute or claim arising from, relating to, or connected with these terms, the MISA+ membership program, and/or any MISA+ member account (each a “claim”) will be resolved by binding arbitration (rather than in court). All claims submitted to arbitration under these terms will be administered by the American Arbitration Association (“AAA”) under its commercial arbitration rules (including the supplementary procedures for consumer-related disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be the state of Wisconsin or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this section 10, we may bring a claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.
Federal arbitration act. These terms affect interstate commerce, and the enforceability of this section 10 will be substantively and procedurally governed by the federal arbitration act (“FAA”), 9 u.s.c. § 1, et seq., to the extent permitted by law. as limited by the faa, these terms, and the AAA rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
one year to assert claims. to the extent permitted by law, any claim by you or MISA+ relating in any way to these terms, our membership program, or any aspect of the relationship between you and MISA+ as relates to these terms, or our membership program, must be filed within one year after such claim arises; otherwise, the claim is permanently barred, which means that you and MISA+ will not have the right to assert the claim.
Waiver of class actions. We each agree that any claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. We each agree that we are knowingly, voluntarily and intentionally waiving any right we may have to a jury trial with respect to any litigation arising out of, relating to or in connection with these digital content terms of sale.
Option to opt-out. you have the right to opt out of binding arbitration within 30 days of the date that you become a member (unless a longer period is required by applicable law). In order to be effective, your written notification to MISA+ PO Box 536 La Pointe, WI 54850, and your written notification must include your name, mailing address, and email address. the notice must clearly indicate your intent to opt-out of this binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with section 10.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.
For purposes of any claim that is not subject to the arbitration procedures in this section 10, we both agree to the governing law and jurisdiction as set out in section 10 above.
- ACKNOWLEDGEMENT
This agreement, including all documents referenced herein, represents the entire understanding between us and any user of the MISA+ membership program with respect to the MISA+ membership program and supersedes any other agreements, statements or representations. Headings used in this agreement are for reference only and shall not affect the meaning of any terms. any user of any portion of the MISA+ membership program is deemed to have accepted these terms.
- CHANGES TO THE AGREEMENT.
We may change these terms at any time without notice or liability by posting a revised agreement located on XXXXX if any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. any change shall take effect immediately, unless otherwise provided. Your continued membership after we change these terms constitutes your acceptance of the changes.
This agreement was last modified on October 3, 2023. solely with the exception of legacy memberships, these terms replace in full the previous MISA+ membership terms and conditions.