1. Introduction and Acceptance of Terms

The Governing Agreement for Your Partnership with the Foundation

Welcome to the EUPHOTIC FOUNDATION. These Comprehensive Terms and Conditions (“Terms”) constitute a legally binding agreement between you, whether as a student, participant, parent/guardian of a minor student, volunteer, donor, or visitor (collectively, “User” or “you”), and the EUPHOTIC FOUNDATION, a California non-profit organization located at 155 12TH ST, SAN FRANCISCO, CA 94103, USA (referred to herein as the “Foundation,” “we,” “us,” or “our”). By completing any enrollment form, registering for any course or workshop, submitting a donation, volunteering your time, accessing our physical facilities, or utilizing any of our digital platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. Should you disagree with any portion of these Terms, you must immediately cease all engagement with the Foundation, including discontinuing access to our educational programs and digital services. These Terms govern all aspects of your relationship with the Foundation, superseding any prior verbal or written agreements or representations. Given our unique focus on hands-on learning in inherently high-risk environments such as professional kitchens and art studios, these Terms place a particular emphasis on safety, liability waivers, and codes of conduct, which are non-negotiable prerequisites for participation. This document includes specific provisions regarding financial responsibilities, cancellation policies, intellectual property rights concerning creative works produced in our programs, and detailed procedures for dispute resolution. It is your ongoing responsibility to review these Terms periodically, as we reserve the right to modify them at any time, with material changes being communicated via posting on our website or through email notification, and your continued engagement will constitute acceptance of all such modifications.

1.1. Definitions and Interpretation

For clarity throughout this document, the following definitions apply: “Program” refers to any Fine Arts, Culinary Arts, Integrated Arts course, workshop, certificate program, camp, or class offered by the Foundation, regardless of duration. “Participant” or “Student” refers to any individual enrolled in or attending a Program. “Guardian” refers to the legally recognized parent or guardian responsible for a minor Participant. “Fees” collectively refers to all tuition costs, registration fees, material costs, and any other charges associated with enrollment in a Program or service. “Curriculum Materials” refers to all copyrighted content, including but not limited to instructional manuals, recipes, templates, digital presentations, and lecture notes provided by the Foundation. All interpretations of the terms and conditions herein shall be governed by the laws of the State of California and the United States of America, in recognition of the Foundation’s primary legal and physical jurisdiction, ensuring consistent application of our policies.

2. Enrollment, Registration, and Fees

The Commitment to Educational Investment and Financial Obligation

Enrollment in any EUPHOTIC FOUNDATION Program is contingent upon meeting specified eligibility requirements, successful submission of a complete registration form, and the timely payment of all associated Fees as detailed in the official Program literature. Eligibility criteria may vary by Program; for example, Youth Programs require verification of the minor’s age and legal guardianship, while professional certificate tracks may require prior experience or a portfolio review to ensure the Student is prepared for the rigorous demands of the curriculum. The registration process is completed online through the Foundation’s designated portal or, in exceptional circumstances, via a physical form submitted directly to the administrative office, requiring accurate and truthful disclosure of all necessary Identity, Health, and Contact Data, as outlined in our Privacy Policy. Failure to provide accurate information, particularly concerning age or health requirements, may result in immediate expulsion from the Program without refund, as it compromises the integrity and safety of the learning environment for all participants. Upon receipt and processing of a registration, the Foundation will issue a formal confirmation detailing the scheduled class dates, times, instructor assignments, and a precise breakdown of all tuition and material Fees due, establishing the binding contractual agreement between the User (or Guardian) and the Foundation.

2.1. Fee Structure, Payment Terms, and Late Payments

All Fees are clearly stipulated in the Program brochures and on the enrollment page of the website and are subject to change for subsequent semesters or academic years without specific notice to past students, though confirmed Fees for already-enrolled programs will be honored. Fees generally comprise a non-refundable registration deposit (which secures the Student’s place and covers administrative costs) and the remaining tuition balance. Full payment of all Fees is generally required by a specified due date prior to the commencement of the Program, unless a formal, pre-approved installment payment plan has been arranged in writing with the Foundation’s Financial Administration office. In the event that a payment is not received by the established due date, the Foundation reserves the absolute right to suspend the Student’s attendance, deny access to facilities and digital learning resources, or immediately terminate the enrollment contract, assessing a late payment penalty fee as prescribed in the enrollment agreement. Continued failure to remedy the payment deficit may result in the account being referred to a third-party collection agency, with the User or Guardian being held responsible for all associated collection costs and legal fees incurred by the Foundation in recovering the outstanding balance.

2.2. Financial Aid, Scholarships, and Sponsorships

The EUPHOTIC FOUNDATION is committed to its non-profit mission of making transformative education accessible and, to this end, offers a limited number of financial aid packages, need-based scholarships, and sponsored placements each semester, contingent upon available funding and the demonstrated need of the applicant. Applications for financial assistance must be submitted separately from the general enrollment application, requiring the disclosure of verifiable financial and income documentation and must adhere strictly to the published deadlines for the desired Program; applications received after the deadline may not be considered. All financial aid awards are granted at the sole discretion of the Foundation’s Scholarship Committee, and the decision is final and non-appealable. Any student receiving an award is required to maintain satisfactory academic standing and adhere to the highest standards of conduct throughout the Program. Failure to meet these obligations may result in the immediate revocation of the award, and the Student or Guardian will be responsible for repaying the full amount of the subsidized tuition balance immediately upon revocation. Furthermore, all scholarship recipients are required to adhere to the Foundation’s media and promotional policies, including participating in a minimum number of promotional and recognition events as specified in their award letter.

3. Program Changes, Cancellation, and Refunds

Managing Expectations and Financial Recourse for Program Modifications

The EUPHOTIC FOUNDATION is dedicated to delivering its Programs as advertised; however, due to the dynamic nature of educational scheduling, the availability of specialized instructors, and the minimum enrollment thresholds necessary to maintain program quality, we reserve the right to make changes to a Program after enrollment has been confirmed. Such changes may include minor adjustments to the starting date, modification of the class schedule (e.g., shifting an evening class time by one hour), or substitution of a named instructor with an equally qualified professional. In the event the Foundation must make a significant or material change to a Program (defined as a change in the core subject matter, a change in facility location requiring substantial new travel, or a cumulative shift of more than 20% of the total scheduled hours), we will notify all affected Students immediately and offer them two options: 1) acceptance of the revised Program details, or 2) a full refund of all Fees paid without penalty.

3.1. Student Withdrawal and Refund Policy

A Student (or Guardian) may choose to withdraw from a Program at any time; however, the refund amount, if any, is strictly determined by the timing of the official written withdrawal notification submitted to the Foundation’s administrative email address (info@eupfo.site), according to the following tiered policy, which accounts for the Foundation’s irreversible administrative and instructional preparation costs. Withdrawal must be submitted in writing and verbally confirmed by an administrator to be deemed official.

• Withdrawal 30 calendar days or more prior to the Program start date: The Student is eligible for a refund of all Fees paid, minus the non-refundable registration deposit, which covers initial administrative allocation costs and is retained by the Foundation.
• Withdrawal between 15 and 29 calendar days prior to the Program start date: The Student is eligible for a refund of 50% of the total tuition Fee, in addition to the retention of the non-refundable registration deposit. This accounts for late-stage planning, material ordering, and the limited opportunity to fill the vacated slot.
• Withdrawal less than 15 calendar days prior to the Program start date, or after the Program has officially commenced: No refund of any kind (including tuition or deposit) will be provided, as the Foundation has fully committed instructional resources, class space, and perishable material budgets for the full duration of the Student’s expected enrollment.

3.2. Cancellation Due to Force Majeure

The EUPHOTIC FOUNDATION shall not be held liable for any delay or failure in performance or instruction resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, government shutdown, public health emergencies (such as pandemics or significant localized outbreaks), natural disasters (e.g., earthquakes, wildfires), or severe and prolonged utility outages. In such events of Force Majeure, the Foundation will make every reasonable effort to transition the Program to an online instructional format, provided the nature of the Program and the accessibility of technology reasonably permits. If a physical Program is suspended due to Force Majeure and cannot be completed or transitioned to an online format, the Foundation will offer Students a prorated credit toward a future Program or a prorated refund for the portion of the instruction that was entirely missed due to the mandatory closure, calculated solely based on the number of scheduled instructional hours not delivered.

4. Student Conduct and Code of Ethics

Maintaining a Respectful, Safe, and Professional Learning Environment

All Participants, Guardians, volunteers, and visitors of the EUPHOTIC FOUNDATION are required to uphold a stringent Code of Ethics and demonstrate professional, respectful conduct at all times while engaging with the Foundation, whether on-site at the facility, interacting with staff or peers, or participating in online discussion forums. This requirement is paramount to maintaining the collaborative, safe, and positive atmosphere essential to creative education.

4.1. Prohibited Conduct and Disciplinary Action

Prohibited conduct includes, but is not limited to: a) any form of harassment, discrimination, bullying, or verbal/physical abuse directed towards staff, instructors, volunteers, or other Students based on race, gender, sexual orientation, religion, disability, or any other protected characteristic; b) willful damage, defacing, or destruction of Foundation property, including equipment, tools, curriculum materials, or the creative work of others; c) the consumption of alcohol, illegal drugs, or the presence of any unauthorized weapons on Foundation premises; and d) academic dishonesty, including plagiarism, cheating on culinary assessments, or misrepresenting original creative output. Violations of this Code of Ethics will result in immediate and decisive disciplinary action, which may range from a formal written warning for minor infractions to immediate, permanent expulsion from the Program and the facility for severe or repeated offenses, all determined at the sole and final discretion of the Executive Director, without entitlement to a refund of any Fees paid.

4.2. Safety Protocols and Compliance

Given the inherent hazards present in both professional kitchens (sharp instruments, hot surfaces, commercial equipment) and art studios (chemical solvents, specialized machinery), adherence to all posted and verbally communicated safety protocols is mandatory and non-negotiable for all Participants. All Students must participate fully in initial safety orientations and follow instructor directions meticulously. Failure to comply with a safety directive from an instructor may be considered a serious offense leading to disciplinary action. By enrolling in a Program, the Student (or Guardian) expressly agrees to assume all risks associated with participation in hands-on activities, understanding that the Foundation has taken all reasonable steps to mitigate hazards but cannot eliminate them entirely. Students who have disclosed specific Health and Safety Data are responsible for adhering to their own health management plan in consultation with the instructor, and the Foundation reserves the right to deny participation in specific high-risk activities if a Student’s health condition or non-compliance poses an undue risk to themselves or others.

5. Intellectual Property (IP) and Content Rights

Clarifying Ownership of Creative Works and Curriculum Materials

The issue of Intellectual Property is crucial in a creative educational environment, necessitating a clear distinction between the ownership of the Foundation’s proprietary teaching materials and the original creative output generated by the Student.

5.1. Foundation IP and Curriculum Materials

All Curriculum Materials, including all teaching methodologies, customized recipes, lecture notes, instructional videos, software licenses provided for class use, and the EUPHOTIC FOUNDATION name, logo, and branding, are the sole and exclusive intellectual property of the Foundation, protected by United States and international copyright and trademark laws. Participants are granted a limited, non-exclusive, non-transferable, and revocable license to use these Curriculum Materials solely for their personal educational purposes during and immediately following their enrollment in the specific Program. Under no circumstances may a Student copy, reproduce, distribute, publicly display, or monetize the Curriculum Materials, including posting the Foundation’s proprietary recipes or lecture content online, without the express prior written consent of the Executive Director. Any unauthorized use constitutes a material breach of these Terms and may subject the User to legal action for infringement.

5.2. Student Work Ownership and Promotional License

Except for works explicitly created under a “work-for-hire” arrangement (such as a commissioned piece where the Foundation or a third-party partner pays the Student a fee for a specific deliverable), the Student retains all intellectual property rights and ownership of the original creative works they conceive and execute during their participation in a Program (e.g., a painting, a sculpted piece, a unique recipe formulation). However, as a non-profit organization dedicated to promotion and outreach, by enrolling in a Program, the Student (or Guardian) hereby grants the EUPHOTIC FOUNDATION a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to photograph, film, reproduce, display, and publicly use the Student’s creative work and likeness (including name, image, and voice) solely for the Foundation’s non-commercial, promotional, educational, and fundraising purposes, including use on our website, social media, marketing brochures, and annual reports. The Student (or Guardian) retains the right to expressly opt-out of the use of their likeness or attribution by providing written notice to the administrative office upon enrollment, but the license for the Foundation to document and use the unidentifiable creative output for general promotional purposes remains in effect to showcase the quality of our programs.

6. Use of Facilities and Equipment

Responsible Stewardship of Shared Creative Resources

The Foundation provides access to specialized, high-value equipment and spaces, including commercial-grade kitchens and fully equipped art studios, which are integral to the hands-on learning experience. Access to and use of these facilities are governed by strict protocols to ensure the safety of all users and the longevity of the equipment.

6.1. Rules of Access and Usage

Access to the Foundation’s premises and specific specialized rooms (e.g., kiln room, walk-in refrigerator, server room) is restricted to scheduled Program hours or approved, supervised open studio times. Students are strictly prohibited from entering restricted areas, operating machinery without direct instructor supervision, or using Foundation-owned tools and equipment outside the context of the scheduled class or approved activity. All Users must adhere to the Foundation’s high standards of cleanliness, returning all shared tools, instruments, and equipment to their designated storage locations and ensuring their individual workspace is completely sanitized and orderly before leaving the facility, thereby supporting the collaborative educational environment.

6.2. Liability for Damage and Loss

Students and Users are expected to exercise extreme care and responsibility when using Foundation-owned equipment, tools, and materials. The Student (or Guardian) shall be held fully liable for any and all direct costs associated with the repair or replacement of Foundation equipment or property that is damaged, lost, or rendered inoperable due to the Student’s negligence, willful misconduct, or unauthorized use, as determined solely by the Foundation’s Operations Director. This liability extends to any damage caused to the shared facility infrastructure itself, including damage to counters, flooring, or utility systems. The Foundation maintains insurance, but this clause stipulates that the responsible User will cover the deductible or the full cost of replacement if the damage falls outside the scope of the Foundation’s general liability coverage due to gross negligence.

6.3. Personal Property and Storage

The Foundation is not responsible for the loss, theft, or damage of any personal property belonging to Students, including art supplies, cooking utensils, clothing, electronic devices, or vehicles parked on or near the premises. While limited, designated storage areas (such as lockers) may be available, Participants utilize these at their own risk. Students are strongly advised not to bring valuable items onto the premises, and the Foundation expressly disclaims any liability for the security or safekeeping of personal belongings brought into the facility. Participants are required to remove all personal property upon the conclusion of their Program or risk having the items discarded or donated after a seven (7) day grace period.

7. Limitation of Liability and Indemnification

Acknowledging Risk and Allocating Legal Responsibility

By enrolling in or engaging with the EUPHOTIC FOUNDATION, the User acknowledges that participating in hands-on Fine Arts and Culinary Arts activities, which involve the use of sharp tools, heat, commercial equipment, and potentially hazardous materials, carries inherent risks of personal injury, illness, or property damage.

7.1. Limitation of Foundation Liability

To the maximum extent permitted by applicable law, the EUPHOTIC FOUNDATION, its officers, directors, employees, volunteers, and agents shall not be liable to the User or any third party for any direct, indirect, incidental, special, punitive, or consequential damages (including, without limitation, damages for loss of profits, data, or goodwill) arising out of or in connection with the User’s: a) enrollment in or participation in any Program; b) use of or inability to use the facility or equipment; c) reliance on any information or instruction provided by the Foundation, regardless of whether the Foundation was advised of the possibility of such damages. The Foundation’s total liability to the User for any and all claims arising under these Terms shall not exceed the total Fees actually paid by the User for the specific Program or service giving rise to the claim.

7.2. User Indemnification

The User agrees to indemnify, defend, and hold harmless the EUPHOTIC FOUNDATION, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: a) the User’s breach of any term or condition of these Terms; b) any negligence, willful misconduct, or unauthorized action by the User while on Foundation property or utilizing Foundation resources; c) any injury, loss, or damage to any other Student, visitor, or third party caused by the User; or d) any claims brought by a third party, including a parent or guardian, related to the User’s activities or enrollment. This indemnification obligation shall survive the termination of your relationship and enrollment with the Foundation.

8. Governing Law and Dispute Resolution

Procedures for the Fair and Efficient Resolution of Conflicts

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.

8.1. Mandatory Binding Arbitration

Any controversy, dispute, or claim arising out of or relating to these Terms, or the breach thereof, which cannot be resolved through good-faith negotiation within sixty (60) calendar days, shall be settled exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its then-current Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator appointed in accordance with the said Rules, and the proceedings shall take place in the City and County of San Francisco, California. The arbitrator is authorized to award any relief that would be available in a court of law, provided, however, that the arbitrator shall not have the authority to award punitive damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that this mandatory arbitration clause constitutes a waiver of their right to a jury trial and to participate in any class action litigation or arbitration. The cost of the arbitration, including the arbitrator’s fees, shall be borne equally by both parties, unless the arbitrator determines that the claim or defense was frivolous, in which case the costs may be assigned to the non-prevailing party.

8.2. Exceptions to Arbitration

Notwithstanding the provisions of Section 8.1, the Foundation may seek injunctive relief or other equitable remedies in any court of competent jurisdiction to enforce its intellectual property rights, safety protocols, or to protect the vital interests of its Students, employees, or property. The parties agree that the state and federal courts located in San Francisco, California, shall have exclusive jurisdiction over any matter or enforcement action not subject to mandatory arbitration as defined herein.

9. General Legal Provisions

Ensuring the Durability and Integrity of This Agreement

9.1. Entire Agreement

These Terms and Conditions, together with the Privacy Policy and the specific enrollment or service agreement signed by the User, constitute the entire agreement between the User and the EUPHOTIC FOUNDATION concerning the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, between the parties. No amendment to these Terms shall be effective unless made in writing and signed by an authorized representative of the Foundation.

9.2. Severability

If any provision of these Terms is found by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced with a valid, enforceable provision that most closely reflects the intent of the original provision, ensuring the fundamental purpose of this agreement remains intact and binding upon all parties.

9.3. Waiver

The failure of the EUPHOTIC FOUNDATION to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Foundation.

9.4. Assignment

The User may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of the EUPHOTIC FOUNDATION. The Foundation may assign its rights and obligations under these Terms without notice to the User, particularly in the event of a merger, corporate restructuring, or transfer of the Foundation’s assets or operations to a successor non-profit entity.

10. Specific Digital Terms and Website Use

Governing Your Interaction with EUPHOTIC’s Online Presence

10.1. Website Usage and Security

The Foundation grants you a limited, non-exclusive, non-transferable right to access and use the eupfo.site website and its associated content solely for your personal, non-commercial use, which includes exploring program offerings, submitting applications, and making payments. You are prohibited from using the site for any unauthorized commercial purposes, data mining, or introducing malicious code. The User is solely responsible for maintaining the confidentiality of any passwords or enrollment credentials associated with their account and for restricting access to their computer or device while logged into the Foundation’s systems, accepting full responsibility for all activities that occur under their account.

10.2. User-Generated Content and Communication

Any content or communication submitted by the User to the Foundation through the website, email, or digital platforms (including testimonials, forum posts, or comments) is considered non-confidential and non-proprietary. The User grants the Foundation a non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, modify, display, and distribute such User-Generated Content for any purpose related to the Foundation’s mission, without compensation or attribution to the User, subject to the privacy limitations outlined in our separate Privacy Policy regarding the use of personally identifiable information.

10.3. Links to Third-Party Websites

Our website may contain links to third-party websites or resources, such as supplier sites for art materials, professional culinary organizations, or partner universities. These links are provided solely for convenience and informational purposes. The EUPHOTIC FOUNDATION does not endorse and is not responsible or liable for the availability, accuracy, or content of such external sites or resources. Your use of any third-party website is subject to the terms and conditions of that website, and you proceed at your own risk. The inclusion of any link does not imply endorsement by the Foundation of the site or any association with its operators.

These Terms and Conditions were last updated on December 16, 2025.