Art Without Boundaries Association
Membership Agreement
Your name:
Chapter Name
Your email address:
Date of signing
Please read and sign the form at the end of the document to acknowledge that Member read and agreed to the
provisions of this document. Print this document for your records.


As a condition of membership in The Art Without Boundaries Association, each Affiliate Chapter or
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 Chapter Owner
CEO Chapter Executive Officer/Owner
Apprentices Artists who are recruited to train as MnemeTherapists. The Apprentice is sometimes also called a
student.
Member An Affiliated Chapter of Art Without Boundaries. Member may also be referred to as “You” in this
document. “Chapter” is sometimes used in place of Member
Service Area The county or counties the Member services
CAP Formula (COVERAGE ACCORDING TO POPULATION) the formula based on population density and
senior percentage developed by The AWBA Council that is used to determine the service area that can be
covered by one MnemeTherapist.

I. ORGANIZATIONAL STRUCTURE

The Art Without Boundaries Association
   
  1. 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 and licenses AWB Chapters.
  2. Members are represented by The Association Council. The AWBA Council is a voluntary committee made
    up of Members in good standing. It will consist of no less than 3 and not more than 7 Members, the
    number remaining uneven to avoid ties. Members may volunteer to serve and will be accepted by a vote
    of the Council.
  3. The purpose of the Council is to  a) represent the members; b) set guidelines to follow concerning
    registering service areas to insure compliance with state and federal regulations and equal access by the
    public and c) decide on matters such as conflicts between AWBA Members; extended Maternity leave;
    reinstating Members and enforcing The Code of Ethics and Association Membership Agreement. d)The
    Council will elect officers and submit minutes of meetings to the Association Management Company.

Association Management Company                                           

    Applications, training, certification, continuing education and day-to-day operations are the responsibility
    of MnemeCorp, LLC, an Association Management Company. (AMC) To contact MnemeCorp:
    Mneme1@gmail.com or use the toll free number: 866-938-6546.

II. CONFIDENTIALITY AND PRIVACY

  1. 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 have or hereafter acquire
    an interest, direct or indirect, nor shall Member disclose, duplicate, reveal, sell or sub-license the trade
    practices or any part thereof or any way transfer any rights in the trade practices except as authorized by
    us, such as training an employee, independent contractor or Apprentice.
  2. Should Member hire employees or independent contractors that person 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.
  3. 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. The non-
    compete covenant shall apply to all activity within 50 miles of the address designated by the Member
    upon joining the Association, as such address may be later amended.
  4. 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.
  5. 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.
  6. Before recording the voices or images of individuals to whom they provide services, MnemeTherapists
    must obtain permission from all such persons or their legal representatives.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

III. TRAINING/CONTINUING EDUCATION

  1. 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 if they plan to work as a
    MnemeTherapist.
  2. Artists enter the application process here: http://artwithoutboundaries.org/2.html
  3. Employees and Independent Contractors may enter here: http://artwithoutboundaries.net/EMP1.html   
  4. Non-artists applying to the program as an ENT Chapter owner use this link: http://artwithoutboundaries.
    net/ENT.html  
  5. MMTs who are recruiting must register a PIN when placing ads online 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
  6. 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, or they may apply to open an ENT Chapter and hire an artist. (See III.1)
  7. Most Professional Associations work to keep certification substantial and worthwhile, raising or
    maintaining certain standards. All Professional Certifications earned from AWBA must be renewed yearly,
    at least one month before anniversary of graduation date. Requirements for CEUs are listed in the
    curriculum and MMT course.
  8. Applying to the Master MnemeTherapy program is open to any Certified MnemeTherapist who has
    graduated the program, successfully opened a chapter (have as many accounts as they wish to service)
    and has, at least, three months experience with both children on the ASD spectrum and adults with
    dementia and other cognitive impairment.
  9. MMTs can recruit and train CMTs and receive a training bonus of 75% of the paid tuition, unless stated
    otherwise in their original Business Licensing Agreement. Details and costs associated with this program
    are outlined in MMT Agreement.


IV OPENING AN ART WITHOUT BOUNDARIES CHAPTER

  1. Upon successful completion of the training program and certification, the graduate will be granted a
    license from AWBA to open an AWB Affiliated Chapter. Upon signing the Membership Agreement and the
    Code of Ethics, receive the benefits of full Membership. Paying monthly dues entitles the Chapter owner:
  1. To receive a Chapter page on the AWBA website which includes contact information, a biography,
    photos taken during training, and photos submitted of the Chapter's MnemeTherapy work.
  2. To participate in any AWBA sponsored fund raiser. Most return 100% of collected funds to the
    designated chapter to provide scholarships that may be granted at the discretion of the Chapter
    Owner. Details of the fund raiser can be found at artwithoutboundaries.org
  3. Benefit from media coverage of AWBA.
  4. Access to 3 blogs that provide AWBA news, continuing education, developments and refinements
    of MT techniques.
  5. Involvement in governance, full voting rights, may serve on Council or committees
  6. AWBA has tax exempt status under section 501 (c) 3 of the Internal Revenue Code. Chapter
    owners may send potential donors to the website to make tax deductible contributions.
  1. The Chapter Owner will be responsible for registering service area (see section VII) and for the daily
    operations of the Chapter. Although pledged to uphold the terms of the Membership Agreement and the
    Code of Ethics, the Chapter is an autonomous business, and its success is the sole responsibility of the
    Chapter Owner.
  2. The AWB Chapter is your private practice and like other account-based businesses may be sold, if you
    move or wish to leave or retire from your business. The person who buys the business must be accepted
    by AWBA and go through the curriculum before he or she can become a member of AWBA. Only
    accounts within the Chapter service area can be sold and not the service area separately. Example: ABC
    Chapter has accounts in 3 counties, but has registered 5. The CEO cannot sell the 2 counties she is not
    servicing. If she does not wish to service those counties, she can inform AWBA to remove them from the
    Registry.
  3. If the county is not being serviced within 6 months of being registered, AWBA may request that you
    surrender the county.
  4. It is the goal of AWBA to foster cooperation and a spirit of community among its members. Chapter
    Owners are encouraged to participate in the communication opportunities available to them such as the
    AWBA-hosted Internet blogs, but participation is not mandatory. Links for these blogs are listed on the
    front page of the AWBA website. http://artwithoutboundaries.org/AWBA.html
  5. AWBA strives to be a family-first organization. Female MnemeTherapists may request to be excused from
    paying Association dues during Maternity leave, one month before due date and up to three months after
    birth. If the Member intends to work less than 20 hours per week, she may also apply for reduced
    Association fees for up to 6 months. Dues deferment may also be granted for other emergencies such as
    death in the family, extended illness and other situations that may prevent the MT from working. The
    AWBA Council will decide on extended leaves on a case-by-case basis. Application for leave can be
    directed to awbf@bellsouth.net

V. USE OF TRADEMARK  

  1. 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.
  2. These trademarks are the property of Noell Hammer, founder of AWB and are available to Members
    through an agreement with AWBA.
  3. Nothing contained in this document shall be constructed as a 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.
  4. Member must have the Chapter name approved by AWBA and may not add anything to the Mark(s) such
    as personal name, location or descriptive name. Example: “Art Without Boundaries by Mary;” Art Without
    Boundaries, South Chicago; or  “MnemeTherapy™ by Marvin.” The accepted order is (approved name)
    Chapter of Art Without Boundaries™
  5. Member may not use the Mark(s) in a d/b/a or registered business name. The member’s proposed d/b/a
    must be approved by the AMC and registered with your state according to state regulations.
  6. When in print, MnemeTherapy™ and Art Without Boundaries™ must appear with the trademark symbol
    ™  in superscript beside it. (Shortcut: alt 0153) if at all possible.
  7. Member may not use our registered name or the Marks in a website address or in connection with the
    sale of unauthorized services or products or in any manner not authorized in writing by the company
  8. Member must not directly or indirectly contest our right to our trademarks, trade secrets or business
    techniques.
  9. Member 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.
  10. If Member use the marks willfully in a manner not approved by AWBA or MnemeCorp, Member will be
    excluded from the AWBA membership and the Member Chapter will be closed.
  11. 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.
  12. Upon signing this Agreement, Member acknowledges that the AWBA Association membership fees and
    dues are non-refundable and are not recoupable through legal means.
  13. 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 FEE AND DUES  

  1. The Association Membership fee is $3,000 and includes training, certification, registration of service area
    and licensing of Affiliated Chapter.
  2. 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 November 1.
  3. Dues are $50.00 per servicing MnemeTherapists per chapter and $30.00 for each additional MT in the
    chapter.
  4. 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 service charge of $15.00.
  5. 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. Member
    must pay a $250.00 reinstatement fee to rejoin the Association. Death in the family, illness, maternity
    leave and other requests for deferment of dues must be directed to the Council for consideration.
  6. Please use this link to pay dues directly to AWBF: http://artwithoutboundaries.org/Dues.html There is also
    a link on the front page of the AWBA website http://artwithoutboundaries.org/AWBA.html


VII. DETERMINING AND REGISTERING MEMBER SERVICE AREA

  1. AWBA does not assign or protect service areas. We will, instead, inform applicants of the registered
    counties in their area and that if the county is currently being serviced they may apply to work for the
    Chapter as an Independent Contractor or employee. After the application is approved by MnemeCorp,
    LLC, the Chapter owner may decide if he or she is hiring and respond in a timely manner to the applicant.
  2. It is the responsibility of the Member to register the counties you plan to service with the AWBA Council.
    The AWBA Council has set guidelines to follow to insure compliance with state and federal regulations
    and equal access by the public.
  3. Members will use the CAP formula to determine and register Member service area. If the Chapter wishes
    to add on more than one county to their original service areas, the AWBA Council will look at the area to
    see if it would prohibit the opening of another Chapter in the state. If the council approves the request,
    the county may be added by paying a membership fee to join the Association, of $2.00 per CAP Point.
    The CAP formula is explained on the Register your service area page. The Add-on county(ies) must meet
    these requirements: a)a contiguous county (must touch borders to original service area) b) have a CAP
    Score of under 100,  indicating it would not be able to support a chapter.
  4. Chapters are advised not to register counties up to the CAP score if you cannot personally service all the
    counties or it's too far to drive in one day. Only register what you personally plan on servicing.
  5. The Council may refuse a member's registration if they feel a) the MT cannot possibly service all counties
    registered, b) that the county in question was previously registered by another chapter c) that the CAP
    Score was not figured properly d) that the registration exceeds the CAP score e) that it is not in the best
    interest of the Chapter or the Association. The AWBA Board of Directors will have the final say if the
    registration decision is contested.

VIII. TERMINATION OF MEMBERSHIP

Without prejudice to any other rights member may have, AWBA may terminate this membership, in writing,
under these circumstances:
  1. 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.
  2. If claims are made or printed about the therapy that have not have been documented by a health care
    professional.
  3. If the Member shall be unable to pay his or her obligations when due, including Association dues for 3
    months, consecutive or collective.
  4. Or 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.
  5. If Member shall fail to follow the Code of Ethics and Good Practices guidelines regarding appropriate use
    of the marks or 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.
  6. 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, excused leave of absence or
    Maternity leave.
  7. If the Member is convicted of a felony or any other criminal misconduct, which is relevant to the operation
    of the business.
  8. The resignation, non-performance, death or permanent disability of Principle Member must promptly be
    reported within 2 weeks. If unresolved for over 30 days, or irresolvable, the Membership will be voided.
  9. It is agreed by the Association and the Member, to terminate the Membership in writing.

IX. ADDENDUMS AND AMENDMENTS

  1. As the Association grows and changes, this document must also reflect those changes. It is agreed by
    those who sign  below that Addendums, (attached to and made part of the original contract ) and
    Amendments, (or modification of terms of an already accepted contract) is permissible if approved by a
    majority vote of the Members in good standing. If there is a tie in the voting, the Council will vote and their
    decision will stand.
  2. Vote may be taken by email and will be tallied by the Association Management Company.
  3. 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 have agreed that I will not hold AWBA or
MnemeCorp,LLC, the Association Management Company or Noell Hammer, founder of AWB liable for
any claims in civil court or any other type of court in any legal jurisdiction in the US or anywhere. I
shall not claim any equity recourse. By signing, I acknowledged that I understand that AWBA or
anyone associated with AWBA does not provide 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 Member fellow chapters, 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. Filling out the form below will constitute your signature. Please print, date and keep a
copy for your records.