TERMS & CONDITIONS: HAND-PAINTED MURALS
REVISION DATE: August 23rd, 2023
These terms and conditions apply to the Service provided by The Dreaming Heart Art Studio and authorized staff (“the Studio” or “we” or “us”).
We may amend any of our Terms & Conditions at any time, and without notice. We will post the revised version on our website along with the revision date. The revised version will be effective as of the time it is posted.
If at any time you ask us to schedule, reschedule, or cancel an appointment on your behalf (including applying or adjusting your existing credit), you are fully responsible for reviewing our most current Terms & Conditions prior to making such a request and your continued use of our Service constitutes your acceptance of our most current Terms & Conditions.
If you have any questions or concerns regarding these Terms & Conditions, please contact the Studio via email.
Please read these terms and conditions carefully before reserving the Service and print off a copy for your records.
In registering for the Service, you agree to the terms of this agreement which will legally bind you.
“Service(s)” means the provision of a hand-painted mural(s).
“You” means the person who is booking an appointment for the Service(s).
"Rose" means Rose Poirier, the owner of the Dreaming Heart Art Studio.
“Fee(s)” means the fee(s) paid by you to The Dreaming Heart Art Studio for the Service(s).
“Website” means https://www.thedreamingheartartstudio.com.
"Email" means firstname.lastname@example.org.
2. THE SERVICE
2.1. A description of the Service is available on our website. We will provide the Service with reasonable care and skill in accordance with the description set out on the website.
2.2. We reserve the right to vary or withdraw the Service described on the website without notice including but not limited to fee adjustments.
3. FEES, REFUNDS, RESCHEDULES, & CANCELLATIONS
3.1 A *non-refundable base fee of $240 + HST is due at the time of booking (*the only exception when it comes to refunding the base fee is if the Studio cancels your appointment, in which case you will be refunded the base fee in full). We will send you a time-sensitive payment link for the base fee deposit in order to officially reserve your requested date. If you have not paid the base fee within 36 hours of the link being sent, your desired date will once again become available to the public.
3.2 The base fee includes a mural that covers up to 12 square feet using Rose's standard level of detail ($20/square foot + HST). If you would like a mural that covers less than 12 square feet you are still required to pay the base fee.
3.3 The square footage fee may increase depending on your desired level of detail.
3.4 We will allow one reschedule per client at no additional cost so long as a minimum of 24 hours' notice is given by email. Late reschedules where less than 24 hours' notice is given will be required to pay a non-refundable rescheduling fee of $50 + HST at the time of rescheduling.
3.5 Depending on your location, a travel fee may apply. Round trips that are 30km or less from the Studio location/Rose's home address (whichever location is closer) do not incur a travel fee. Round trips that exceed 30km are charged at $0.64/km + HST above and beyond the initial 30 km.
4. CREATIVE FREEDOM
4.1 Please note, due to the creative nature of a hand-painted mural, Rose cannot guarantee that your mural will be exactly as you envision it. Please view Rose's portfolio of work via the website page "Hand-Painted Murals" to get a strong sense of her art style. She will do her best to paint you a mural that is in line with your style & vision, however, it is expected that you allow Rose a certain level of creative freedom so she can interpret your concept according to her unique art style and ability. You are welcome to check in with Rose throughout the painting process to see how your mural is progressing and to discuss any concerns or to make any special requests.
6. INDEMNITY CLAUSE
6.1 Neither the Studio, Rose, nor any of the assistants shall ever be held liable (jointly or severally) to you, or any of your respective estates or representatives, for personal injury or any incidental, indirect, or consequential damages of any kind, or any damages resulting from loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the Services. Under no circumstance shall the total liability of the Studio, Rose, or any of the assistants for any damages or losses arising from the Services exceed the maximum amount of the price of the Services for which you paid.