Terms & Conditions: Plein Air in the Mountains
FADE Initiative, LLC
1. Registration and Eligibility
Age Requirement: All participants must be 18 years of age or older at the time of the event.
Agreement of Terms: By completing registration and payment, the participant (“Guest”) agrees to be bound by these Terms and Conditions.
2. Logistics and Physical Readiness
Transportation: Guests are solely responsible for their own transportation to and from the designated workshop site. While FADE Initiative selects accessible areas with nearby parking, FADE Initiative is not responsible for vehicle security or travel delays.
Physical Readiness: The workshop takes place within the Cherokee National Forest. While we prioritize accessible locations with minimal hiking, Guests acknowledge that outdoor terrain can be uneven, slippery, or varied. Guests represent that they are physically capable of walking short distances on unpaved surfaces.
National Forest Compliance: Guests agree to abide by all U.S. Forest Service regulations, including “Leave No Trace” principles. FADE Initiative will provide appropriate supplies for the responsible disposal of paint water and materials. Dumping any materials into streams or onto forest soil is strictly prohibited.
3. Intellectual Property and Media
The Kit: Upon arrival and check-in, the Viviva A6 Watercolor Travel Kit provided becomes the personal property of the Guest.
Recording Policy: Photography for personal use is encouraged. Video recording of the instructor is permitted for short-form content only (less than 60 seconds per clip). Full-length recording of instructional demonstrations or lectures is strictly prohibited to protect the proprietary curriculum of the FADE Initiative.
Media Release: The Guest grants FADE Initiative, LLC the irrevocable right to use photographs and video recordings taken during the event—including images of the Guest and their artwork—for promotional, social media, and marketing purposes.
4. Cancellation and Refund Policy
To account for the specialized procurement of premium materials (15-day lead time) and professional instructor commitments, the following tiered refund schedule applies to all Guest-initiated cancellations. All refund percentages are calculated based on the total registration fee minus the non-refundable cost of the individual Viviva A6 Watercolor Travel Kit.
| Window of Cancellation | Refund Amount (Registration Fee – Kit Cost) |
| 21+ Days Prior to Event | Full Refund (100%) |
| 14–20 Days Prior to Event | Partial Refund (75%) |
| 7–13 Days Prior to Event | Partial Refund (50%) |
| Less than 7 Days Prior | No Refund |
Non-Transferable Status: Registrations are personal to the Guest and are strictly non-transferable. This includes the workshop seat, the watercolor kit, and the one-year Supporter Membership.
Transfer Exceptions are at the sole discretion of the Executive Director, a one-time transfer request may be considered for extreme circumstances. Such requests are subject to a $50 administrative re-registration fee and must be submitted at least 72 hours prior to the event.
5. Weather and Acts of God
Light Weather: The workshop is an all-weather event. In the case of light rain, wind, or heat, the workshop will relocate to a pre-designated covered area or pavilion. No refunds are issued for sessions moved due to light weather.
Extreme Weather & Forest Closures: In the event of extreme weather warnings, forest closures, or other “Acts of God” that render the site unsafe, FADE Initiative will notify Guests as soon as possible. In these instances, Guests may choose between a 100% refund or a full credit toward a future workshop date. Guests are responsible for initiating the request for either refund or credit.
6. Instructor Substitutions
FADE Initiative reserves the right to substitute the scheduled instructor with another qualified professional in the event of illness or unforeseen circumstances. Such a substitution does not constitute a basis for a refund.
7. Waiver of Liability and Inherent Risk
The Guest acknowledges that participation in outdoor activities involves inherent risks, including but not limited to: uneven terrain, changing weather conditions, and encounters with local wildlife or insects (e.g., bees, ticks). By registering, the Guest waives FADE Initiative, LLC and its contractors of liability for personal injury, property damage, or loss arising from these inherent natural risks.
8. Participant Conduct and Safety
Code of Conduct: FADE Initiative is committed to providing a safe and respectful environment for all participants. Guests agree to follow the directions of the instructor and organizer at all times. FADE Initiative reserves the right to remove any Guest from the workshop, without a refund, if their behavior is deemed disruptive, unsafe, or under the influence of alcohol or controlled substances.
Medical Responsibility: Participants are responsible for bringing and administering their own necessary medications (e.g., EpiPens, inhalers, allergy medications). FADE Initiative does not provide medical services or medications.
Dietary Disclaimer: For workshops where refreshments are provided, Guests must notify FADE Initiative of life-threatening allergies at least 7 days prior to the event. While we strive to accommodate needs, we cannot guarantee a cross-contamination-free environment.
9. Personal Property and Damages
Property Loss: FADE Initiative, LLC is not responsible for the loss, theft, or damage of personal property brought to the workshop, including but not limited to cameras, mobile devices, or clothing.
Clothing Warning: Watercolor painting and outdoor exploration involve the risk of stains and dirt. Guests are encouraged to wear appropriate “field-ready” attire; FADE Initiative is not liable for damage to personal garments.
10. Intellectual Property (The FADE Brand)
Proprietary Materials: All curriculum materials, handouts, and digital resources provided during the workshop (excluding the Viviva kit once gifted) remain the sole intellectual property of FADE Initiative, LLC. These materials are for personal use only and may not be reproduced, distributed, or used for commercial purposes without express written consent.
11. Force Majeure
Governmental & Regional Emergencies: FADE Initiative, LLC shall not be held liable for failure to perform its obligations under these Terms if such failure is the result of a “Force Majeure” event, including but not limited to government shutdowns (affecting National Forest access), pandemics, regional states of emergency, or civil unrest. In such cases, the “Extreme Weather” refund/credit policy will apply.
12. Governing Law and Dispute Resolution
Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Washington County, Tennessee.