The Archibald Studio Code of Conduct

DISCLAIMER;

By reading this Code of Conduct you are consenting that you have read this Code of Conduct to the point that you feel you understand the terms outlined herein, and agree to be bound by them when being an active client of the Archibald Studio on the physical premises or online.

The website www.thearchibaldstudio.com (hereinafter “Website”) is owned and operated by The Archibald Studio, a California, S-Corp (hereinafter “we” “us” “our” “Archibald Studio” “Studio”).

Taking classes, seminars or sessions at The Archibald Studio is not a guarantee or promise of employment. This is not a job interview or an audition and is therefore solely for educational purposes only.

The Archibald Studio is fully compliant with California Law AB1319.

Our talent service bond number is A150004166.

Designation

The Archibald Studio is a 'safe space' where artistic expression and experimentation are fostered in an environment that encourages openness, tolerance, a strong sense of community, and trust. The environment in which this work takes place is critical to the success of The Archibald Studio. That environment, in turn, is fundamentally rooted in our clients’ good faith commitment to treating each other with trust, dignity, respect and consideration. This Code of Conduct is an expression of these principles, which are an obligation that all clients and staff of The Archibald Studio share.

This Code of Conduct is designed to protect that safe and free environment for all its clients and staff members and to prohibit inappropriate conduct by individuals or groups that would threaten that vital freedom.

This is especially important in an institution like the Archibald Studio where powerful emotions and free expression lie at the heart of the work. Verbal abuse, threats of, or actual, physical abuse, and the various forms of disrespectful conduct toward other individuals are not acceptable at The Archibald Studio. Failure to follow this code of conduct will result in expulsion.

Respect

Every client of The Archibald Studio deserves, and has a right to, exploring their craft and art in an environment free from harassment, discrimination, and conduct that a reasonable person would find unwelcome. The Archibald Studio does not tolerate harassment or discrimination based upon an individual’s sex, race, ethnicity, national origin, age, religion, disability or any other legally protected characteristic. Equally, The Archibald Studio does not tolerate any behavior prohibited by this policy that is aimed at any “third party”—that is, visitors to The Archibald Studio and non-clients who may come into contact with clients or staff on the premises of The Archibald Studio or online.

Rules

1. No sexual harassment of any kind.

Sexual harassment is behavior of a sexual nature that is unwelcome and offensive to the person or persons it targets. There is no “one list” of behaviors that would amount to “harassment,” but in general, it involves conduct of a sexual nature that a reasonable person would find offensive.

Examples of harassing behavior includes, but is not limited to:

● Unwanted physical contact

● Foul language of an offensive sexual nature

● Sexual propositions

● Sexual jokes or remarks

● Obscene gestures

● Displays of pornographic or sexually explicit images

● Using our acting Method as an excuse to solicit or obtain sexual favors or contact

● Any other words or conduct of a sexual nature that makes the recipient or observer uncomfortable

2. Coach/Client Relationship

Client acknowledges and understands that the nature of the Services contemplated hereunder requires self-control and maturity from both coach and Client. Due to the nature of, but not limited to, film, television and theater scripts, screenplays and manuscripts, mature material and situations may, at times, be discussed, used or covered and/or performed. This mature content includes without limitation vulgar language, and / or sensual or sexual, action, or violent scenes. Client shall at all times remain professional in his or her conduct with the coach, especially in dealing with such material and/or content. Under no circumstances shall a Client or Coach be physically touched without consent. Under no circumstances shall a Client or Coach use emotional commitment, passion, inspiration or any other terminology for unacceptable behavior as an excuse for improvised or premeditated actions or assaults of any kind.

Under no circumstances shall Client date or become romantically involved with a coach. Under no circumstances shall a Coach date or become romantically involved with a client. Should Client/Coach develop an interest in a Client/ Coach he, she or they shall notify the Studio in writing of such interest and shall request to be reassigned to a different Client/Coach. In the event a coach engages in any behavior that makes Client feel uncomfortable or which contravenes the intent and purpose of this provision, Client shall immediately notify Studio and Studio will take reasonable action to address Client’s complaint including without limitation reassignment of Client to another Coach. The Studio is a place of safety. Accordingly, the Studio maintains a no-retaliation policy. In furtherance of that policy, the Studio has instituted a safe and secure problem solving and complaint process (see below).

Client acknowledges receipt of this Code of Conduct. The Client shall not hold the Studio accountable for any emotional, personal, physical, psychological, spiritual or other harm or injury incurred upon the Studio premises, in online classes or online courses.

3. Mature Material Usage in Class, Sessions and Seminars

Due to the nature of, but not limited to, film, television, streaming services, theater scripts, screenplays and manuscripts, mature material and situations may, at times, be discussed, used or covered and/or performed. This mature content includes without limitation vulgar language, and / or sensual or sexual, action, or violent scenes. Client shall at all times remain professional in his or her conduct with the coach and fellow class members, especially in dealing with such material and/or content.

Under no circumstances shall a Client or Coach hold the Studio accountable for any emotional, personal, physical, psychological, spiritual or other harm or injury incurred upon the Studio premises, in online classes or online courses in reference to written or visual material or content of materials used in class sessions.

In other words, you understand and acknowledge that you may be exposed to mature subject matter in the scripts/materials/videos that are or may be used in class and you in no way shall hold the Archibald Studio accountable for any and all injuries or harms incurred therein.

4. Publicity; Press Release.

Neither party shall make any press release or other public announcement regarding this Agreement, the relationship contemplated hereby or the performance (or non-performance) hereunder without the prior written consent of the other party except as may be required under applicable law; provided however, that Client agrees the Studio may publish Client’s name and biographical information in its reference and client list, and may use Client’s likeness and /or recorded performance (still or video) from time-to time at Studio’s discretion for promotional purposes.

5. Usage of Drugs, Alcohol and Inebriants

Under no circumstance whatsoever are drugs, alcohol or inebriants allowed in classes either in person at the physical space of the Archibald Studio or online.

The Studio reserves the right to hold celebrations including but not limited to anniversaries, career successes and holidays where libations may be allowed. All Clients and Studio Staff agree to celebrate appropriately and to never drive vehicles or operate equipment under the influence of drugs or alcohol during or immediately following said Studio Celebration.

Client and Staff shall not hold the Studio accountable for any emotional, personal, physical, psychological, spiritual or other harm or injury incurred upon the Studio premises or elsewhere due to consumption of intoxicants or attendance at a celebration.

Failure to follow this code of conduct can result in expulsion.

6. Your right to cancel.

You may cancel and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the date on which you commence utilizing the services of the Archibald Studio. For purposes of this section, business days are Monday through Friday.

To cancel this agreement, mail or deliver a signed and dated copy of the following cancellation notice or any other written notice of cancellation to The Archibald Studio at 153 N. Irving Blvd, Los Angeles CA 90004, or by email to thearchibaldstudio@gmail.com, or www.thearchibaldstudio.com , NOT LATER THAN MIDNIGHT 10 business days from the date on which you commence utilizing the services of The Archibald Studio.

If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: thearchibaldstudio@gmail.com

CANCELLATION NOTICE
I hereby cancel this contract.
Dated: Artist Signature.

If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the Archibald Studio.

Class: The Coach

The Coaches of The Archibald Studio classes are hired for their knowledge of the Studio’s work and their ability to communicate that knowledge to the members of the class.

The Coach is fully and solely responsible for the conduct of the class session, in accordance with his, her or their understanding of the work; and any attempt by any client to undermine the Coach’s authority does demonstrable harm to the welfare of the class and The Archibald Studio.

Disruptive displays of anger, contempt, and various expressions of personal attack, designed to undermine the position of the person exercising properly delegated authority, would unquestionably invoke discipline in the theater or on a movie set or in a school or private or public enterprise, where the disruptive individual would be removed temporarily or permanently from the stage or movie set, classroom or workplace – and it can be no different at The Archibald Studio.

In sum, no Archibald Studio client can behave toward a Coach in ways that they would not presume to behave toward any of the duly designated authority figures encountered elsewhere.

Further, Client understands that even though a particular coach may be scheduled for a class or month of classes – circumstances can dictate a change of personnel without warning. Substitute coaches will be used without verbal or written, text or email warning. Substitute coaches will always be Archibald Studio approved Coaches. Under no circumstances will an unapproved Coach be a substitute for any other Coach. Client understands these changes may be necessary and will not hold the Studio accountable for any breach of contract due to coaching changes at the Studio’s physical premises or online.

Outside Class

The same definition of permissible and impermissible conduct applies outside the session, where important elements of life – rehearsals, projects, meetings, social relationships – take place.

Inevitably in any environment, differing views and opinions will exist, and The Archibald Studio provides the means to express them. Profound policy disagreements can be brought by individuals or groups to the Archibald Studio staff. Opinions can be expressed, with passion, conviction and impunity. But they may not be made anonymously.

Personal attacks on Archibald Studio clients and staff, as defined in this Code of Conduct, are not; and anonymous campaigns, inside or outside The Studio, are never tolerated, and will result in suspension or loss of membership.

Procedures

A failure of any Archibald Studio client—no matter how important, or how well-established in the field—to abide by these policies may result in suspension from, or termination of, membership in The Archibald Studio.

Complaints and Concerns

If you believe that you may have experienced or witnessed any form of conduct prohibited by this policy, it is your right and obligation to help The Archibald Studio identify it, eliminate it, and ensure that it does not happen again.

The Archibald Studio is deeply committed to protecting the rights of all its clients and will take prompt remedial action to correct any violation of this policy. The Archibald Studio will never retaliate against or otherwise “punish” a client for reporting complaints or concerns. Bear in mind that this depends on the cooperation of the complainant and the ability to rely on specific information, and that “anonymous” complaints are more difficult to investigate. The Archibald Studio will, as strictly as possible, preserve the confidentiality of the investigative process.

Finally, our community can only be as strong as our willingness to protect and look out for one another. We cannot always expect individuals who are personally affected by conduct prohibited by this policy to feel comfortable “calling it out.” That is where the community of The Archibald Studio itself becomes a critical component of making this policy meaningful and effective. If you see or become aware of conduct that violates this policy, The Archibald Studio considers it not only your right, but your obligation, to make a report to the staff, any coach or to Craig Archibald personally.

Dispute Resolution

In the event of any dispute in connection with this Agreement, the coaching relationship arising out of this Agreement, or the Exhibits, the parties agree to resolve any and all such disputes by confidential and binding arbitration in Los Angeles, California, under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), with a single arbitrator familiar with consumer disputes appointed by AAA. The arbitrator's decision shall be final and binding on all parties, and may be entered in any court having competent jurisdiction. Both the Studio and Client agree that except as otherwise provided in this Agreement any claim, dispute, and/or controversy that either party may have against the another (including, but not limited to, claims related to compensation or any claims of discrimination or harassment of any kind which would otherwise require or allow resort to any court between Client and the Studio (or between Client and the Studio’s owners, parent or subsidiary companies, affiliates, directors, officers, managers, employees, agents, and parties affiliated with its employee benefit and health plans) arising from, related to, or having any relationship or connection whatsoever with Employee’s seeking employment with, employment by, or other association with or termination by the Studio, whether based on tort, contract, statutory, or equitable law, or otherwise shall be submitted to and determined exclusively by binding arbitration. However, Client and Studio understand and agree that claims arising under any law that permits resort to an administrative agency notwithstanding an agreement to arbitrate those claims may be brought before that agency as permitted by that law. Client and the Studio also understand and agree that after exhaustion of any such administrative remedies, the parties must pursue any such claims through this binding arbitration procedure.

Client and the Studio agree that the arbitration and this Agreement shall be controlled by the Federal Arbitration Act and acknowledge that the Studio’s business and the nature of Employee’s employment affect interstate commerce. In addition to requirements imposed by law, the arbitrator herein shall be a retired California Superior Court Judge or United States District Court Judge who presided in California. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with Cal. Civil Code Section 47(b). If Code of Civil Procedure (“CCP”) § 1284.2 conflicts with other substantive statutory provisions or controlling case law, the allocation of costs and arbitrator fees shall be governed by applicable statutory provisions or controlling case law instead of CCP § 1284.2.

The arbitrator shall be vested with authority to determine any and all issues pertaining to the dispute/claims raised (not including, however, any disputes concerning the validity or enforceability of this Agreement). However, any such determinations, remedies and awards shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis for his/her determinations other than such controlling law.

To the extent applicable in civil actions, the following shall apply and be observed: all rules of pleading (including the right of demurrer) and all rights to resolution of the dispute by means of motions for summary judgment or adjudication and judgment on the pleadings. All such demurrers and motions shall be heard on 28 days notice, said notice period being subject to change by the arbitrator but only upon a showing of good cause. Discovery shall be in conformity with the procedures of the California Arbitration Act (“Act”) (CCP sec. 1280 et seq., including section 1283.05 and all of the Act’s other mandatory and permissive rights to discovery applicable to the dispute being arbitrated). The arbitrator shall follow the California Rules of Evidence during the hearing. A party may move for judgment as provided in CCP § 631.8. Within 30 days of the close of the arbitration hearing, any party will have the right to prepare, serve and file with the arbitrator a brief.

Awards shall include the arbitrator’s written reasoned opinion, and the award shall remain confidential unless law requires disclosure of such award. A court of competent jurisdiction may enforce the arbitrator’s award. PROVIDED: There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or in a representative or private attorney general capacity on behalf of a class of persons or the general public except to the extent California law limits or prevents such a waiver.

Problem Solving or Complaint Process

1. Complaint or Problem

Client or Staff Member may submit the complaint or problem either in person, online, by telephone, email or mail. All complaints must be detailed with cause, exact dates, times, events, offenses, names of offender/s, names of witnesses and details. Anonymous, exaggerated or unsubstantiated complaints may not be accredited with formal processing.

Please follow the below suggested process to file a complaint:

Your name (Staff may include job and/or title)
State the date and time of the event or series of events causing the grievance.
State your complaint, including the individual harm alleged.
Provide specific facts to support your grievance (list in detail). This should include: dates, times, locations, events, witnesses, details and any pertinent information for the formal investigation.
Specify the remedy you seek.
Inform us if this is a repeat offense.
Sign, date and submit your complaint or grievance to the Archibald Studio email account or by writing to the physical address of the Studio.

2. Processing and Review

Upon reception the complaint is reviewed for criteria and cause. If the complaint or problem is accredited with regulated approval the complaint is registered in the Archibald Studio Complaint and Review Department

3. Investigation Approval and Commencement.

The investigating member of the Review Department confirms the receipt of Complaint Criteria and Cause and begins an investigation.

4. Findings sent to Executive Assistant to Craig Archibald and Craig Archibald

Investigation findings summarized that include recommendations. Findings sent to the Executive Assistant to Craig Archibald and Craig Archibald.

5. Executive Assistant to Craig Archibald and Craig Archibald Review and Determination

Complaint summary is reviewed, investigated, and appropriate actions are determined.

6. Complainant is notified of the findings and actions taken.

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This Code of Conduct is being made available to every Archibald Studio Client/Member and Staff Member as a reminder to us all that in an environment designed to liberate the human spirit in its most exalted, unguarded and vulnerable state, each of us has the duty to respect that spirit, in ourselves and in every Archibald Studio member.