THE ASSOCIATION FOR THE DEVELOPMENT OF DRAMATIC ARTS, INC.

VIRTUAL PARTICIPANT AGREEMENT 2021

This agreement extends our mutual expectations of your relationship while virtually on site with the Orchard Project–this includes any time spent in online spaces hosted by the Orchard Project, as well as any digital engagement with Orchard Project staff, panelists, and other participants. This agreement made and entered into by and between The Association for the Development of Dramatic Arts., a nonprofit New York corporation at 330 West 42nd Street, Suite 2316, NY, NY 10036 hereinafter referred to as “Orchard Project,” and you, hereinafter referred to as artist (or participant). The Orchard Project encourages you to use your time and support from us to experiment, develop new ideas, generate content, and interact with your fellow participant artists.  It should be a time of rich exploration, and we aim to help in whatever way we can to assist you. Following are services and resources we aim to provide you with:

WITNESSETH:

Orchard Project is desirous of having the artist participate in the Orchard Project’s digital programs between May and August 2020. The artist will work as an independent contractor to promote the arts set forth in the charter of Orchard Project. Artist is desirous of working with and coming to the Orchard Project digital programs for said purposes. Therefore, in consideration of the resources hereinafter mentioned and the covenants contained herein, the parties agree as follows:

1. PROPERTY: All creative work and efforts of the artist shall be and remain the property of the artist. All digital content created by the Orchard Project in support of lab programs including recording of digital panels and permission based recordings of meeting sessions shall remain the property of the Orchard Project.
2. PARTICIPATION: The artist agrees to attend and participate in all virtual meetings, panels and discussion sessions throughout their designated lab. A schedule of these events will be provided to the artist by the Lab Coordinator.
3. PRIVACY: The artist agrees not to share access to any closed digital platforms hosted by the Orchard Project for the duration of the lab. This includes but is not limited to Zoom passwords, links, and meeting room numbers, Google Drive folders, and other digital lab materials distributed by the Orchard Project. The artist agrees not to record or otherwise digitally reproduce, share, or distribute digital panels and discussions held by Orchard Project.
4. CODE OF CONDUCT: During the lab, the artist is expected to conduct themself in an appropriate manner, and respect all others in the lab. While Orchard Project anticipates that all artists will conduct themselves in a mature and generous way, it is the individual artist’s responsibility to immediately report any incident or allegation of harassment, whether verbal, physical, and/or visual, to the Executive Director, or in their absence, to any board member. On on around July 1, 2021, the Orchard Project will share its 2021 Community Guidelines will all participants and ask that they sign them as a rider to this agreement. Orchard Project prohibits unlawful harassment, including, but not limited to, race, age, religion, disability, gender, sexual orientation, etc. Orchard Project will conduct such investigations as warranted under the circumstances and take action if needed. Orchard Project will take reasonable steps to maintain confidentiality and restrict access to information to persons who need to know. Orchard Project’s Executive Director has the responsibility of investigating and resolving complaints of harassment. Orchard Project considers harassment to be a major offense that can result in the termination of participation. The Orchard Project reserves the right to terminate participation if there is an indication that an artist’s behavior during a lab at Orchard Project will or does jeopardize the quality of the experience for other artists, collaborations with affiliate organizations, and community relations. In the case that harassment cannot be reported to the Executive Director, we have provided the names and phone numbers of various board members that have made themselves available to also receive concerns and complaints.
5. INSURANCE: The Orchard Project does not carry health insurance, personal injury or theft insurance for its participating artists and should the participating artist desire this coverage they will need to obtain it personally.     
6. EQUAL OPPORTUNITY: It is the policy of Orchard Project that there shall be no discrimination with respect to selection of the artists because of race, color, sexual orientation, religion, national origin, gender, age, physical limitations or military status.

By executing this agreement I agree to abide by the Orchard Project’s rules and policies.

MORE ON HARASSMENT AND ABUSE

The Association for the Development of Dramatic Arts, Inc. (ADDA), d/b/a the Orchard Project, prohibits and does not tolerate sexual abuse or misconduct in the workplace or during any organization-related activity. The ADDA provides procedures for employees, volunteers, board members or any other victims of sexual abuse or misconduct to report such acts. Those reasonably suspected or believed to have committed sexual abuse or misconduct will be appropriately disciplined, up to and including termination of employment or membership, as well as criminally prosecuted. No employee, volunteer, board member or other person, regardless of their title or position has the authority to commit or allow sexual abuse or misconduct.

Definitions and Examples

The following definitions or examples of sexual abuse, misconduct or harassment, may apply to any and/or all of the following persons – employees, volunteers or other third-parties.

Sexual abuse or misconduct may include, but is not limited to:

• Child sexual abuse – any sexual activity, involvement or attempt of sexual contact with a person who is a minor (under 18 years old) where consent is not or cannot be given.
• Sexual activity with another who is legally incompetent or otherwise unable to give consent.
• Physical assaults or violence, such as rape, sexual battery, abuse, molestation or any attempt to commit such acts.
• Unwanted and intentional physical conduct that is sexual in nature, such as touching, pinching, patting, brushing, massaging someone’s neck or shoulders and/or pulling against another’s body or clothes.
• Material such as pornographic or sexually explicit images, posters, calendars or objects.
• Unwelcome and inappropriate sexual activities, advances, comments, innuendoes, bullying, jokes, gestures, electronic communications or messages (e.g. email, text, social media, voicemail), exploitation, exposure, leering, stalking or invasion of sexual privacy.
• A sexually hostile environment characterized as comments or conduct that unreasonably interferes with one’s work performance or ability to do the job or creates an intimidating, hostile or offensive environment.
• Direct or implied threats that submission to sexual advances will be a condition of employment or affiliation with the organization.

Reporting Procedure

Immediately report suspected sexual abuse or misconduct to the Executive Director. It is not required to directly confront the person who is the source of the report, question or complaint before notifying any of the individuals listed. The ADDA will take every reasonable measure to ensure that those named in complaint of misconduct, or are too closely associated with those involved in the complaint, will not be part of the investigative team.

Anti-retaliation and False Allegations

The ADDA prohibits retaliation made against any employee, volunteer, board member or other person who lodges a good faith complaint of sexual abuse or misconduct or who participates in any related investigation. Making knowingly false or malicious accusations of sexual abuse or misconduct can have serious consequences for those who are wrongly accused. The ADDA prohibits making false or malicious sexual misconduct allegations, as well as deliberately providing false information during an investigation. Anyone who violates this rule is subject to disciplinary action, up to and including termination of employment or membership and criminal prosecution.

Investigation and Follow-up

The ADDA will take all allegations of sexual abuse or misconduct seriously and will promptly, thoroughly and equitably investigate whether misconduct has taken place. The organization may utilize an outside third-party to conduct an investigation of misconduct. The ADDA will cooperate fully with any investigation conducted by law enforcement or other regulatory/protective services agencies. The ADDA will make every reasonable effort to keep the matters involved in the allegation as confidential as possible while still allowing for a prompt and thorough investigation.

Reporting to Law Enforcement or Appropriate Child or Adult Protective Services

The ADDA is committed to following the state and federal legal requirements for reporting allegations or incidents of sexual abuse or misconduct to appropriate law enforcement and child or adult protective services organizations. It is the policy of The ADDA not to attempt to investigate or assess the validity or credibility of an allegation of sexual or physical abuse as a condition before reporting the allegation to proper law enforcement authorities or protective services organizations.

Employee and Worker Screening and Selection

As part of its sexual abuse and misconduct prevention program, The ADDA is committed to maintaining a diligent screening program for prospective and existing employees, volunteers and others that may have interaction with those employed by, associating with or serviced by The ADDA. The organization may utilize a variety of methods of screening and selection, including but not limited to applications, personal interviews, criminal background checks and personal and professional references.

Supervision of Youth

To provide a safe environment for minors, The ADDA strives that a minimum of two adult workers supervise or be in attendance with minors during organization-related activities. The purpose is to avoid one-on-one interactions between adults and minors that are not easily observable by others. If individual meetings with a minor must be held in an office, keep the door open. Only conduct closed door meetings when another adult is put on notice of the meeting and the door remains unlocked.

Acknowledgement Form: Sexual Abuse and Misconduct Prevention Policy

I acknowledge that I received and read the above agreement Sexual Abuse and Misconduct Prevention Policy and/or had it explained to me. I understand that it is my responsibility to abide by all rules contained in the policy. I also understand how to report incidents of sexual abuse or misconduct as set forth in the policy, including retaliation against any employee or volunteer exercising their rights under the policy. I acknowledge that I will be alerted when changes and updates are made to the Sexual Abuse and Misconduct Policy and will be responsible for reading and complying with these updates.