BY-LAWS
OF
CITY OF FAIRFAX BAND ASSOCIATION, INC.

(CONCLUDED)

ARTICLE XVI
Ensembles

Section 1:FORMATION. The formation of ensembles comprising members of the Concert Band is appreciated and encouraged, as are performances by such groups. Whenever such a group communicates, in any manner, its affiliation with the Corporation, the following rules apply:

a. Any new ensemble that is formed under the name of The City of Fairfax Band must first audition before the Music Director or a person designated by the Music Director, before the group can perform for any function in the name of The City of Fairfax Band.

b. A list of permanent members of the ensemble must be submitted to the Music Director.

c. If the ensemble has a change in personnel of 50% or more, the ensemble may be reauditioned.

d. Ensemble leaders will provide current information on schedules and performances to a coordinator designated by the President.

e. The Music Director may waive any or all of the above requirements.

Section 2:PRIVILEGES. Only groups which follow the rules established in Article XVI, Section 1, shall have the privilege of:

a. The use of the City of Fairfax Band's name (e.g., "The City of Fairfax Band Brass Choir").

b. Display of the City of Fairfax Band banner or placard.

c. Financial assistance with the purchase of supplies, music, etc.

d. Performing opportunities obtained through the Concert Band and the City of Fairfax.

e. Free rehearsal rooms and discounted rates for use of auditoriums.

f. Per person injury insurance policy, covered by the City of Fairfax Band Association, Inc.

g. Promotional materials and mailings made available by the City of Fairfax.

Section 3:PROHIBITIONS. Performances of partisan political activities are to be avoided unless it is determined by the Board of Directors, and if necessary the City Council, that the performance sufficiently enhances the Corporation's reputation in the Northern Virginia area.

Section 4:GUIDELINES. Whenever an ensemble is recognized as officially representing "The City of Fairfax Band" the following guidelines apply:

a. Ensembles participating in events sponsored by the City of Fairfax may not receive compensation from the City of Fairfax, but compensation may be paid by the City for guest artists to enhance a City of Fairfax function, with prior approval and cooperation by City officials.

b. In spoken and printed announcements, all ensembles shall give credit to The City of Fairfax Band. For example:  "Name of ensemble - An Ensemble of The City of Fairfax Band."

c. Ensembles will share a percentage of all honoraria received for performances with the Corporation. This percentage will be established annually by the Board of Directors in consultation with the ensemble leaders, and shall not exceed twenty five percent (25%).

d. All honoraria and expense money received by ensembles must be deposited with the Treasurer, who will make any necessary disbursements. The ensemble may direct the Treasurer to distribute its share or portion thereof, to pay guest artists, to finance the purchase of music, equipment, or uniforms, or to distribute funds as agreed among its members as compensation for musical engagements. Ensemble leaders must notify ensemble members before the day of a performing engagement how the ensemble's share is to be disbursed.

e. If ensemble members are to be paid for performing, each member shall be considered an individual private contractor (not an employee) and the ensemble leader shall submit to the Treasurer a voucher requesting payment for services rendered.

f. The Corporation portion of income provided from ensemble performances is used to support the total operation of the Corporation. Requests for use of such funds for ensemble expenses must be made directly to the Board of Directors. All such expenditures must receive prior approval before costs are incurred.

g. Music and equipment purchased with Corporation funds for ensemble use must be processed by the Librarian and are the property of the Corporation, to be stored with other such holdings when not in use. However, ensembles may also use music and equipment paid for and made available by individual members. Such music and equipment remains private property. Cleaning of uniforms is the responsibility of the members using them.

h. A member of an ensemble will be considered a member of the Corporation in good standing if he or she fulfills the conditions and duties of membership as stated in the Constitution and By-Laws.


ARTICLE XVII
Miscellaneous

Section 1:CHOICE OF LAW. Any dispute arising under these By-Laws, or a member's membership in the Corporation, shall be determined and governed by the laws of the Commonwealth of Virginia. All members hereby consent to the personal jurisdiction and the sole and exclusive venue in the Fairfax Circuit Court, Commonwealth of Virginia, if any suit is brought under the terms of, arising out of, or relating to these By-Laws or a member's membership in the Corporation.

Section 2:HEADINGS. The captions and headings of these By-Laws are intended for convenience and reference only, do not affect the construction or meaning of these By-Laws and further do not inform a party of the covenants, terms or conditions of these By-Laws or give full notice thereof.

Section 3:SEVERABILITY. Whenever there is any conflict between any provision of these By-Laws and any present or future statute, law, ordinance or regulation contrary which would cause to invalidate such provision, the latter shall prevail, but in such event the provision of these By-Laws thus affected shall be curtailed and limited to the extent necessary to bring it within the requirement of the law. In the event that any of the provisions of these By-Laws, or any application thereof, is declared to be invalid, illegal, unenforceable, inoperative or of no effect by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions of these By-Laws, and any other application thereof, shall continue to apply with full force and effect and shall not in any way be affected or impaired thereby.

Section 4:CONCERTS. Performances by the Concert Band shall require the approval of the Board of Directors and adequate representation of instrumentalists as deemed necessary by the Music Director.


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