The Art Without Boundaries Association
Membership Agreement
As a condition of Membership in The Art Without Boundaries Association each Member pledges its
support of, and adherence to, the principles and practices set forth in the Membership Agreement and
the Code of Ethics.
TERMINOLOGY
AWBA - The Art Without Boundaries Association
CMT - Certified MnemeTherapist
MMT - Master MnemeTherapist
ENT - Entrepreneurial practices employing independent contractors or employees
AMC - Association Management Company
CEC - Continuing Education Credit
Apprentices - Artists who are recruited to train as MnemeTherapists. The Apprentice is sometimes
referred to as a student.
Member - May also be referred to as “You” in this document.
Service Area - The geographic area which the Member services
I. ORGANIZATIONAL STRUCTURE
The Art Without Boundaries Association
- AWBA is a 501 (c) 3 non-profit professional organization seeking to further MnemeTherapy®
and the interests of individuals engaged in that profession. To carry out that goal, AWBA trains
and certifies artists in MnemeTherapy®. Membership in The Art Without Boundaries Association
is a requirement to practice MnemeTherapy®
- The AWBA Board of Directors is comprised of a) AWB supporters, who are not Members of the
Association, and b) Members of AWBA. The Board meets and votes virtually, by conference call
and email. The Board positions are unpaid.
- The purpose of the Board of Directors is to: a) Provide direction and guidance b) Oversee the
Association Management company to insure fiscal responsibility and c) Determine policy.
- The Board of Directors will consists of no less than three and not more than nine, the number
remaining uneven to avoid ties and maintain a ratio of more non-Members than Members.
- The Board will also elect officers and a Communication Committee. The Committee will consist of
at least one Member of AWBA and one non-Member with the purpose of encouraging
communication and hosting the Members' conference calls.
- Recorded calls will be posted on the Members' blog and minutes of board meetings will be
published on the AWBA Member's site: http://artwithoutboundaries.org/AWBA.html
Association Management Company
- Applications, training, certification, continuing education and day-to-day operations are the
responsibility of MnemeCorp, Inc., an Association Management Company. (AMC)
- The AMC reports to the Board of Directors and insures AWBA remains fiscally responsible by
posting monthly financial reports on the AWBA Members website. A breakdown of Revenues
and Expenses are posted monthly on Google docs and links are provided to the Board of
Directors.
- To contact MnemeCorp: Mneme1@gmail.com or use the toll free number: 866-938-6546. The
current address will be listed on the AWBA Members' Website: http://artwithoutboundaries.
org/AWBA.html
II. CONFIDENTIALITY AND PRIVACY
- By signing this document and joining the Association, Member agrees to keep confidential the
trade practices which will be presented in training or any time thereafter, and will not use or
attempt to use the trade practices in connection with any other entity or business in which
Member has or hereafter acquires direct or indirect, nor shall Member disclose, duplicate,
reveal, sell or sub-license the trade practices or any part thereof or in any way transfer any
rights in the trade practices except as authorized by us, such as training an employee,
independent contractor or Apprentice.
- Should a Member hire employees or independent contractors, (“IC”) the employee or
independent contractor shall also sign a non-compete and confidentiality agreement, which shall
be included in any agreement that is signed between the Member and employee or independent
contractor. A copy of this signed agreement must be provided to the AMC. Failure to provide a
copy of the signed agreement shall be a condition of non-acceptance of the IC or employee.
- This non-compete; non-disclosure covenant shall remain in effect throughout the Membership of
each Member and for a period of three years after the termination or resignation of the Member.
MnemeTherapists have a primary obligation and take reasonable precautions to protect
confidential information obtained through or stored in any medium, recognizing that the extent
and limits of confidentiality may be regulated by law or established by institutional rules or
professional or scientific relationship.
- MnemeTherapists discuss with persons (including, to the extent feasible, persons who are
legally incapable of giving informed consent and their legal representatives) and organizations
with whom they establish a scientific or professional relationship the relevant limits of
confidentiality and the foreseeable uses of the information generated through their therapeutic
activities. MnemeTherapists who offer services, products, or information via electronic
transmission inform clients/patients of the risks to privacy and limits of confidentiality.
- Before recording the voices or images of individuals to whom they provide services,
MnemeTherapists must obtain permission, in writing, from all such persons or their legal
representatives.
- MnemeTherapists include in written and oral reports and testimonials, only information germane
to the purpose for which the communication is made. MnemeTherapists discuss confidential
information obtained in their work only for appropriate scientific or professional purposes and
only with persons clearly concerned with such matters.
- MnemeTherapists may disclose confidential information with the appropriate consent of the
organizational client, the individual client/patient, or another legally authorized person on behalf
of the client/patient unless prohibited by law. MnemeTherapists disclose confidential information
without the consent of the individual only as mandated by law, or where permitted by law for a
valid purpose such as to (1) provide needed professional services; (2) obtain appropriate
professional consultations; or (3) protect the client/patient, or others from harm.
- When consulting with colleagues, (1) MnemeTherapists do not disclose confidential information
that reasonably could lead to the identification of a client/patient, or other person or organization
with whom they have a confidential relationship unless they have obtained the prior consent of
the person or organization or the disclosure cannot be avoided, and (2) they disclose
information only to the extent necessary to achieve the purposes of the consultation.
- MnemeTherapists do not disclose in their writings, lectures, or other public media, confidential,
personally identifiable information concerning their clients/patients, students, research
participants, organizational clients, or other recipients of their services that they obtained during
the course of their work, unless (1) they take reasonable steps to disguise the person or
organization, (2) the person or organization has consented in writing, or (3) there is legal
authorization for doing so.
- If a Member violates the Confidentiality and privacy covenant, Membership will be revoked and
the Board of Directors will decide if Member can be reinstated. The fee for reinstatement is
$150.00.
III. TRAINING
- Every recruit, employee or independent contractor (IC) candidate must first apply to the training
program through the AWB website and submit 3 samples of representational painting.
- ARecruits/artists enter the application process here: http://artwithoutboundaries.org/2.html
- Employees and Independent Contractors may enter here: http://artwithoutboundaries.net/IC1.
html
- MMTs who are recruiting, must register a PIN when placing ads on the Internet, so applicant can
be tracked and Member be given the recruiting credit. To register a PIN or for more information
on recruiting click here: http://artwithoutboundaries.net/Recruiting.html
- Applicants will receive notification of acceptance or rejection within 48 hours of completing the
steps of application and phone interview.
- If all steps are not completed, Member will receive notification of that as well. If the application is
rejected on the basis of lack of painting skill for a MnemeTherapist, applicants will receive an
email informing the applicant that, if they take a class in acrylic painting, they may reapply in the
future.
- Applying to the Master MnemeTherapy® program is open to any Certified MnemeTherapist who
has graduated the program, and has, at least, three months experience with both children on
the ASD spectrum and adults with dementia and other cognitive impairment.
- MMTs can recruit and train CMTs and receive a training bonus of 84% of the paid tuition. Fees
and requirements are outlined on the website. Email the AMC for the link awbf@bellsouth.net
IV. CONTINUING EDUCATION
- All Professional Certifications earned from AWBA, and all members, CMT and MMT, must be
renewed annually. Requirements for Continuing Education Credits are outlined on the AWBA
Members' website: http://artwithoutboundaries.net/apprentices/AWBACEC.html
- Current members, who have not previously renewed their certification, will be given 4 months
from the date of signing this agreement to complete the renewal. There will be no costs
associated with fulfilling the CEC requirements.
- MMTs employing Independent Contractors will submit in writing or by email to the AMC that their
employee(s) has/have fulfilled the CEC requirements.
- Members who have been awarded the MMT designation before 1/1/10 must also review the
MMT course and retake the test to re-certify their MMT status. They will be given 4 months from
date of signing this agreement to complete the renewal. The MMT designation will be awarded
upon successful completion of CECs and the MMT test. Continuing Education Updates will cover
futures changes.
- Failure to re-certify MMT status by the deadline will result in revocation of designation. There
will be $150.00 fee to reapply. Please write awbf@bellsouth.net to obtain the link to the MMT
course.
V. USE OF TRADEMARK
- Upon signing this document, the Member hereby accepts, and is granted the exclusive right,
license and privilege to use the trademarks (also referred to as Marks): Art Without
Boundaries® and MnemeTherapy® which includes the process of MnemeTherapy® in the
United States upon the terms and conditions set forth in this document.
- These registered trademarks are the property of Noell Hammer, founder of AWB and are
available to Members through an agreement with AWBA.
- Nothing contained in this document shall be construed as an assignment or grant to Member of
any right, title, or interest in the trademark and Member shall not file any state or federal
applications for any mark or trade name featuring the Marks or any term confusingly similar
thereto.
- Member may not use the Mark(s) in a d/b/a or registered business name. The Member’s
proposed d/b/a must registered with your state according to state regulations.
- When in print, MnemeTherapy® and Art Without Boundaries® must appear with the registered
trademark symbol ® in superscript beside it. (Shortcut: alt 0174) if at all possible.
- Member's may have a personal website promoting their private practice. They may not,
however, use the trademarks, Art Without Boundaries or MnemeTherapy in a website address
or in connection with the sale of unauthorized services or products or in any manner not
authorized by AWBA.
- Member's websites promoting their private practice must state their Membership in The Art
Without Boundaries Association and that the process used is MnemeTherapy®. The
trademarked name of MnemeTherapy ® must not be changed, or called another name. Such
violations may result in legal action against Member.
- Members who resign or are terminated from Membership will not use or attempt to continue to
use the confidential trade practices taught in the AWBA curriculum (process of
MnemeTherapy® ) by changing the name of MnemeTherapy®. Such violations may result in
legal action against the former Member.
- Member must not directly or indirectly contest our right to our trademarks, trade secrets or
business techniques.
- Members have no right to delegate, assign, franchise or sub-franchise the right to use the mark
or to authorize independent contractors or any third party with whom Member transact business
to use the marks without written permission and using the approved recruitment/application
process.
- If Member uses the marks willfully in a manner not approved by AWBA or MnemeCorp, Member
will be excluded from the AWBA Membership.
- In addition, challenging our rights to the Marks or other litigious acts such as accusing AWBA of
franchising or sub-franchising will automatically exclude Member from Membership with no right
to reinstatement.
- Upon signing this Agreement, Member acknowledges that the AWBA Association Membership
fees and dues are non-refundable and the Member hereby waives any and all rights to seek any
of these sums in courts of competent jurisdiction.
- Upon the request of AWBA, copies or accurate reproductions of all materials displaying the
Marks such as labels, advertising and promotional materials, letterhead, business cards, signs
and the like, shall be provided to the Association for review as to form and content.
VI ASSOCIATION MEMBERSHIP FEES, DUES
- Membership in The Art Without Boundaries Association is required to practice
MnemeTherapy®. The Association Membership fee is $3,000.00 which includes training,
certification and listing of service area.
- Association Dues will start the first day of the third month following the graduation month.
Example: student graduates the 3rd of September, dues will be payable on December 1.
- Dues are $50.00 per month. Dues may be paid monthly, quarterly, or annually. They must be
paid by the 15th of the month. If the dues are paid after the 15th, there will be a late charge of
$15.00.
- If Member fails to pay three (3) monthly Association dues, consecutive or collective, Membership
will be immediately terminated, and all back dues shall become immediately payable to the
Association. The Members page and registry listing will be removed from the website.
Reinstatement shall be determined by the Board of Directors. The fee for reinstatement is
$150.00
- Requests for deferment of dues based on a death in the family or serious prolonged illness must
be in writing and delivered to the AWB Board of Directors for consideration. The Board of
Directors may decide to offer reduced dues which equal 5% of gross monthly income from their
practice of MnemeTherapy®. Proof of income from their practice shall be required for any
requests.
- Pregnant Female Members are exempt from paying dues for up to 4 months. Any request for
exemption must be in writing and delivered to the AWB Board of Directors for consideration.
Should the Member wish to return to work part-time, dues will commence again, after the
expiration of the 4 month period of exemption, at a rate of 5% of the gross monthly income from
their practice of MnemeTherapy® for up to 6 months (which are in addition to the 4 month
period) or until monthly dues rate of $50.00 per month is reached, whichever comes first.
- Please use the link on the front page of the AWBA Member website to pay dues, or respond to
the invoice sent by the AMC: http://artwithoutboundaries.org/AWBA.html
- Checks for Dues should be made payable to The Art Without Boundaries Association or AWBA
and sent to the AMC ( address listed on website.) If sent by mail and received after the cut off
date of the 15th of the month, there will be a late charge of $15.00.
VII. PROTOCOL
- Use of the designation: “Chapter” or Chapter name, such as “Northwest (State name) Chapter of
Art Without Boundaries” will cease immediately. Members shall refer to “their business” or
“private practice.” After signing this Agreement, Members will have 90 days to make changes to
business cards and promotional materials.
- AWBA Members are encouraged to join conference calls and participate in the members’ blog,
but mass emails to all Members of the Association and/or students must first be approved by
the Communication Committee.
- If the Communication Committee, Board of Directors or Association Management Company
reviews the blog’s content and decides that a Member's content is offensive or violates the
terms of the Membership agreement, the entry shall be removed and the Member's author's
rights will be revoked.
VIII. MEMBER'S PRIVATE PRACTICE
Service Areas
- AWBA does not assign service areas.
- The AWBA does not guarantee or warrant, that Members will have an exclusive right to service a
particular area, that there will be sufficient work for the Member within an area or that there will
be sufficient employment within an area.
- AWBA will maintain a record on the AWBA website of all practicing Member's locations: city,
geographic region or the city closest to them.
- A Service area shall be defined as “within driving distance” of the Member’s home address.In
areas of high density population, (defined as population over 250,000) there may be more than
one practicing Member. In that case, driving distance does not apply. The AWBA Board of
Directors will have the final decision as to whether a geographic area can support two or more
MT’s.
- If an applicant is from an area with a population density under 250,000, which already has an
active MT, and the Board of Director determines that the area will not support another practice,
the applicant can relocate to an unoccupied area, or the application will be denied.
- If an Association Member moves to a location that is unoccupied by another Member, the
Member may continue their private practice in the new area without any fee to the Association.
The Member must advise the Association Management Company prior to the move. If the area is
occupied by another Member and the population of the area will not support two practices the
matter will be discussed and decided between the Board of Directors, the Member in the area
and the Member moving to the area.
Independent Contractors
- The IC must apply, submit 3 samples of their work and be accepted, in writing, by the AMC
before entering the training program.
- Independent contractors are required to pay a $500.00 Associate Membership fee. This fee is
not refundable.
- Independent Contractors will be considered Associate Members of the Association, under the
umbrella of the employer's practice, but are not required to pay Membership dues.
- Any Member employing an Independent Contractor (IC) without the IC first being accepted by
AWBA shall immediately lose their Membership. Reinstatement shall be determined by the
Board of Directors. The fee for reinstatement is $150.00
- Independent contractors can only be employed by those members who have the designation of
Certified Master MnemeTherapist. The MMT will be responsible for the IC training and certifying
the Student's competency. No recruiting bonuses apply.
- Before the Independent Contractor will be accepted into the program, Members must show proof
of a signed independent contractor agreement that contains the information from Section II as
provided herein. Section II of this Agreement, must be included in total in any and all IC
Agreements.
- Independent Contractors who are in training before the date of signing of will be grandfathered
in and not subject to the rules governing placement stated within this agreement.
- A Member who is employing an IC as of the date of signing shall be allowed to replace the IC, if
they resign or are terminated and if they were currently servicing accounts at the time of leaving
the employ of the Member.
- Any ICs hired by that Member after the date that the contract is signed will be subject to the
rules governing placement of Independent Contractors.
- Members who live in areas with a population less than 250,000 cannot hire, place, or allow an
IC to work in an area outside a radius of 75 miles of the Member's home address without prior
written permission of the Board of Directors.
- Members who live in or near an area with a population over 250,000 cannot hire, place or allow
more than two (2) Independent Contractors in that area, without prior written permission of the
Board of Directors. Failure to secure written permission shall result in the termination of the
Membership. Reinstatement shall be determined by the Board of Directors. The fee for
reinstatement is $150.00.
- If the Independent Contractor leaves the employment of the Member who has certified them,
they cannot continue to practice MnemeTherapy® unless these requirements are met:
- The Independent Contractor practices in an area not currently being serviced or an area
which would support more than one MT.
- A letter of recommendation (in writing, sent by mail or email) by the Member who
employed them, giving permission for the IC to open their own private practice. The letter
(s) must be sent to the AMC at the address listed on the web site or awbf@bellsouth.net.
- Balance of Membership fee of $3,000 is paid in full. Balance would consist of current
Membership fee minus $500.00 paid for the training fee. The balance must be paid in a
lump sum- there shall be no payment plans.
IX. TERMINATION OF MEMBERSHIP
- Without prejudice to any other rights the Member may have, AWBA may terminate this
Membership, in writing, under the circumstances listed below. The Board of Directors will
determine if the Member may be reinstated, and if so, the reinstatement fee is $150.
- The resignation, non-performance, death or permanent disability of Principle Member must
promptly be reported, in writing, within 2 weeks of said event. If no written notice is received
within 30 days of the event, the Membership shall be null and void.
- It is agreed by the Association and the Member, that termination of the Membership shall be in
writing.A Member can resign and terminate Membership by providing written notice to the AMC.
The notice must be received by the AMC not less than 30 days before the date of termination.
The Member may send the notice by email, but is not valid until the Member receives an e-mail
confirmation from the AMC that the communication was received. If Member does not receive a
reply within 48 hours of sending the email, the Member is obligated to contact the AMC by
phone or in writing at the address listed on the website to confirm receipt for the termination
notice.
- The Member is responsible for payment of all dues, fines, and like through the date of
termination. Should the Member have paid dues for months which occur AFTER the date of the
termination notice, said sums shall be refunded to the Member at the address, and in the
manner designated by the Member. The Member must specify in the termination notice, the
amount, address and manner in which the refund should be made. Failure to include these
provisions in the termination notice shall waive the Member’s rights for any sums claimed owed.
- If the Member resigns or the Membership is terminated, the former Member and any
independent contractors or employees working for the Member will cease practicing
MnemeTherapy® immediately. The Member will also inform current accounts that the practice is
closed. As stated in the Confidentiality and Privacy clause, (Section II) former Members or their
employees or independent contractors will not use this confidential process of MnemeTherapy®
learned in the AWBA Curriculum in any form, or in combination with any type of therapy or
therapeutic art, or give the process a new name and continue to use it. Such violations may
result in legal action against the former Member and employees or independent contractors.
- If a Membership is terminated for whatever reason and it is an ENT practice, employing an
independent contractor or employee, the independent contractor or employee may apply to
become a Member on these conditions:
- If they have no involvement whatsoever in the reason or cause the Membership was
terminated.
- If they pay the Membership fee: $3,000 minus the $500 training fee equaling $2,500
- Application to continue working the current service area must be submitted to the Board of
Directors. The Board shall then have discretion to accept or deny the application. There shall be
no appeal from the Board's decision regarding the application.
- Termination may occur:
- If Member does not complete the Continuing Education Credits by the stated deadline, as
provided herein, Membership will be suspended until Member submits the credits and
pays a fine of $150.00. If the Member does not comply within six months of the date of
suspension by submitting the credits and/or paying a fine(s) they will not be reinstated.
- If any Member is found to be employing or to have employed artists who are not accepted,
trained and certified by AWBA. There are no exceptions. No person may, even on
temporary basis, stand in or substitute for a CMT or MMT unless they have received
training and certification.
- If claims are made or printed about the therapy that have not been documented by a
health care professional or family Member.
- If the Member shall be unable to pay his or her obligations when due, including
Association dues for 3 months, consecutive or collective.
- If Member shall make any assignments for the benefit of creditors, or shall file any petition
under Chapter 11 of Title 11, United States Code, or shall file a voluntary petition in
bankruptcy, or be adjudicated bankrupt or insolvent, or if any receiver is appointed for its
business or property, or if any trustee in bankruptcy or insolvency shall be appointed for
Member.
- If Member shall fail to follow the Code of Ethics and Good Practices guidelines regarding
delivery of services as outlined in the training and Member fails, for a period of 10 days
after notification of noncompliance, to comply or remedy the problem.
- If the Member abandons the business by failing to operate the business for (1) month
without notifying us of Member absence, unless such failure is due to fire, flood,
hurricane, earthquake or other similar causes beyond Member control. This does not
refer to vacation time, or excused leave of absence.
- If Member violates the Confidentiality and Privacy Clause (See Section II) and Member
fails, for a period of 10 days after notification of noncompliance, to comply or remedy the
problem.
- If the Member is convicted of a felony or any other criminal misconduct.
X. JURISDICTION/MERGER/ENFORCEABILITY
- The parties agree that any action to enforce the provisions of this agreement shall be brought in
a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
governed and construed in accordance with the laws of the State of Florida.
- This Agreement supersedes any and all agreements, whether oral or in writing, between the
parties hereto and contains all the covenants and agreements between the parties. Any
modification of this Agreement will be effective only if it is in writing signed by both parties.
- If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, the remaining provisions shall nevertheless continue in full force and effect
without being impaired or invalidated in any way.
- The parties agree that the general rule that agreements shall be construed against the drafter
shall have no force or effect, and none of the terms or provisions herein shall be construed
against the drafter.
XI ADDENDUMS AND AMENDMENTS
- As the Association grows and changes, the provisions of this agreement shall be amended to
reflect necessary changes. It is agreed that all such Addendums shall be made part of, and shall
be incorporated herein to the agreement.
- Any Addendums and Amendments shall be approved by the AWBA Board of Directors.
- It may also be necessary to amend the agreement upon the advice of AWBA’s legal counsel.
Said changes shall not have to be approved by the AWBA Board of Directors.
- Amendments and Addendums will be published on the Addendums/Amendments page for
printing by Members to add to their AWBA Manual.
By signing and submitting this Membership Agreement, I hereby release, acquit, and forever discharge
AWBA and The Board of Directors, MnemeCorp, LLC, the Association Management Company and
Noell Hammer, founder of AWB, from of and from all, and all manners of action and actions, cause and
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, penalties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, executions, claims and demands whatsoever, in law, under contract, in tort, in equity or
otherwise, which I ever had, now have, or which any personal representative, successor, heir or assign
of mine may have, shall or may have, against AWBA, the Board of Directors, MnemeCorp, LLC, the
Association Management Company and Noell Hammer, founder of AWB.
I hereby acknowledge that AWBA, nor anyone associated with AWBA, provides any warranty of
guarantee about future income, licensing and /or employment ability in regards to said training course
and the Association Membership fee is non-refundable.
AWBA members acknowledge that such compliance is in the best interests of fellow Member, clients,
accounts, employees and independent contractors.
The undersigned Member hereby acknowledges having read this Membership Agreement and agrees
to comply with all of its provisions.
(Signatures are on the next page)
To sign the new Membership Agreement
- Print out your copy of this agreement
- Click this link to print out 2 signature pages: Click here
- Sign and date both signature pages (no need to send contract)
- Please print your name and address clearly on the signature pages
- Send the TWO signature pages and a self addressed, stamped envelope
Jody Edwards 2706 Huffman St. Winona Lake, IN 46590
You will receive one signed signature page back through the mail to put with your agreement