RAINDROP GALLERY LLC – TERMS & CONDITIONS AGREEMENT

Effective Date: 11/30/2025

Legal Entity: Raindrop Gallery LLC

Governing Law: Commonwealth of Virginia

These Terms & Conditions (“Agreement”) govern your purchase, access, and use of the Flourish Academy subscription program, courses, content, and related services (“Services”) provided by Raindrop Gallery LLC (“Company,” “we,” “us,” or “our”).

By purchasing a subscription, enrolling in a free trial, accessing course content, or permitting your child to participate in any Flourish Academy class, you (“Customer,” “Parent,” “User,” or “you”) agree to be bound by these Terms & Conditions.

If you do not agree to these Terms, do not purchase or use the Services.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.

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1. DESCRIPTION OF SERVICES

Raindrop Gallery LLC provides online art education, prerecorded lessons, live classes, workshops, downloadable materials, and related digital resources designed for children and families. Services include:

• Weekly live art classes

• Access to recorded lessons

• Educational resources, guides, and materials

• Community Facebook group participation

• VIP or premium upgrades (if purchased)

These Services are educational and recreational in nature. They are not therapy, counseling, or clinical services.

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2. ELIGIBILITY

You must be:

• At least 18 years old, and

• The legal parent or guardian of any participating child.

By subscribing, you affirm you can legally consent on behalf of any minor who accesses the program.]

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3. SUBSCRIPTION BILLING & PAYMENT TERMS

3.1 Subscription Structure

Your purchase of the Services operates on a recurring subscription basis, billed monthly unless otherwise stated at checkout.

3.2 Free Trials

If a free trial is offered, you will enter your payment information at enrollment.

Unless canceled before the trial ends, you will be automatically charged at the end of the trial period for the selected subscription plan.

3.3 Recurring Billing

By providing your payment information, you authorize:

• Recurring monthly charges

• Automatic renewal until cancellation

• Charges to the payment method on file

3.4 Failed Payments

If payment fails:

• Access to Services may be suspended

• We may reattempt billing multiple times

• You remain responsible for unpaid amounts

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4. PAYMENT TERMS AND AUTO-RENEWAL

By subscribing, you authorize Raindrop Gallery LLC to automatically charge your payment method every 30 days (or every 7 days if you chose weekly payments) until cancelled.

You agree that:

• Payments are non-refundable unless explicitly stated otherwise.

• Subscription fees may change with prior notice.

• Failed payments may result in suspension or termination of access.

• You are responsible for maintaining updated payment information.

If you begin a free trial, you authorize billing to occur automatically at the end of the trial unless the membership is cancelled prior to the renewal date.

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5. CANCELLATION POLICY

You may cancel at any time by:

• Using the cancellation link inside your account,

• Emailing our support team, or

• Following the cancellation instructions provided in purchase confirmation emails.

Cancellations take effect at the end of the current billing period.

Cancellations:

• Take effect at the end of the current billing cycle.

• Do not grant refunds for partial months.

• Do not retroactively refund charges made prior to cancellation.

• Do not grant refunds for missed classes or lack of participation.

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6. NO GUARANTEE OF RESULTS

You acknowledge and agree:

• The Company does not guarantee any specific results, improvements, skill development, academic progress, artistic outcome, or personal transformation for you or your child.

• Marketing language describing potential results is aspirational, not a guarantee.

• Your child’s participation, effort, and engagement determine their outcomes.

You accept full responsibility for your child’s results and experience.

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7. PARENT & CHILD RESPONSIBILITY

By allowing your child to participate:

• You assume full responsibility for their physical, emotional, and cognitive safety during activities.

• You are responsible for supervising your child during all art activities, including handling art supplies, water, paint, and tools.

• You confirm your child is physically and emotionally capable of participating in art activities without risk of harm.

The Company is not responsible for:

• Messes, spills, accidents, allergic reactions, emotional distress, or injuries sustained during any activity related to the Services.

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8. HEALTH, SAFETY, & LIABILITY DISCLAIMER

Raindrop Gallery LLC, its owners, contractors, instructors, and team members are NOT medical professionals, psychologists, occupational therapists, speech therapists, or mental health providers.

The Services:

• Are not medical advice

• Are not therapy

• Are not designed to diagnose, treat, or cure any condition

You acknowledge the Company bears zero responsibility for:

• Emotional distress

• Mental stress

• Behavioral challenges

• Physical injury

• Reactions to materials

• Any trauma allegedly connected to participation in the Services

You participate voluntarily and at your own risk.

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9. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

    1.    Total liability of Raindrop Gallery LLC for any claim arising from the Services shall not exceed the total amount you paid to the Company in the twelve (12) months preceding the claim.

    2.    You agree NOT to pursue damages exceeding the past year’s subscription value under any circumstances.

This limitation applies to:

• Contract claims

• Negligence claims

• Emotional distress claims

• Product claims

• Injury claims

• Any other legal theory

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10. INDEMNIFICATION

You agree to indemnify and hold harmless Raindrop Gallery LLC, its owners, instructors, affiliates, and contractors from:

• Legal claims

• Losses

• Damages

• Liability

• Costs

• Attorney fees

arising from:

• Your use of the Services

• Your child’s participation

• Your actions or negligence

• Violation of this Agreement

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11. MANDATORY ARBITRATION, JURISDICTION & VENUE

11.1 Governing Law

This Agreement is governed by the laws of the Commonwealth of Virginia.

11.2 Arbitration Requirement

All disputes must first be resolved through binding arbitration in the state of Virginia.

11.3 Jurisdiction

If arbitration escalates to court proceedings, you agree:

• All legal proceedings must occur exclusively in the state of Virginia.

• You must travel to Virginia at your own expense.

• You bear all legal fees and costs regardless of outcome.

• Raindrop Gallery LLC is not responsible for travel or lodging expenses.

This applies regardless of your geographic location.

11.4 No Class Actions

You agree not to file or participate in class actions or collective claims.

You waive any right to participate in joint or class litigation.

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12. INTELLECTUAL PROPERTY

All content within the Services—including:

• Videos

• Recordings

• Slides

• Worksheets

• Digital downloads

• Art

• Branding

• Curriculum

is the sole property of Raindrop Gallery LLC and may not be:

• Copied

• Distributed

• Shared

• Resold

• Reproduced

• Posted online

• Used to create competing materials

Violation results in immediate termination.

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13. PROHIBITED USES

You agree not to:

• Share login information

• Allow non-paying individuals access

• Record live sessions

• Republish class content

• Reverse-engineer the curriculum

• Use the Services for commercial or competing purposes

Violation may result in immediate termination without refund.

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14. COMMUNITY GUIDELINES

You agree to:

• Treat all members respectfully

• Post only appropriate images of your child

• Not harass, threaten, or harm others

• Not share inappropriate comments, discussions, or content

Raindrop Gallery LLC reserves the right to remove members at any time for violations.

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15. SERVICE MODIFICATIONS

We may update, change, or replace:

• Curriculum

• Class times

• Instructors

• Software platforms

• Community features

• Bonus offerings

We reserve the right to modify or discontinue any part of the service without liability.

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16. VIP MEMBERSHIP & ADDITIONAL TIERS

If enrolling in VIP or any future upgraded tiers, additional benefits or features provided are:

• Subject to change

• Not guaranteed

• Dependent on program availability

VIP materials, mentoring, or merchandise schedules may change without prior notice.

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17. MEDIA, ARTWORK, & CONTENT RELEASE

(Inserted exactly as you provided, no wording changed)

By enrolling in the Services, you grant Raindrop Gallery LLC permission to use, reproduce, publish, and display the following content created during or in connection with the program:

• Your child’s artwork, drawings, paintings, assignments, or creative submissions

• Your child’s first name and age (no last names)

• Screenshots of Zoom sessions where your child’s artwork is shared

• Text-based testimonials voluntarily provided by you or your child

• Photos of artwork you voluntarily upload inside the community

This content may be used for:

• Marketing materials

• Website content

• Advertisements

• Social media posts

• Emails and newsletters

• Printed materials

• Digital promotions

• Sales pages

• Program demonstrations

You agree that:

    1.    This consent is voluntary.

    2.    You may withdraw consent at any time by written request (future materials only; past published material cannot be removed retroactively).

    3.    Your child’s face or identifying images will never be used without your separate, explicit written permission.

    4.    Artwork or content used will always avoid sharing any sensitive personal information.

    5.    You release Raindrop Gallery LLC from any claims arising from the use of such artwork or content.

If you do not want your child’s artwork used, you may opt out at any time by contacting support.

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18. MODIFICATIONS TO TERMS

Raindrop Gallery LLC may update these Terms at any time. Continued use after updates constitutes acceptance of revised Terms.

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19. CONTACT INFORMATION

This document constitutes the entire agreement between you and Raindrop Gallery LLC.

For questions or support:

Raindrop Gallery LLC

Email: isabellatheodora@isabellatheodora.com

Address: 8401 Mayland Dr, Ste N, Richmond, VA 23294

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