TERMS & CONDITIONS: OUT-OF-STUDIO ART CLASSES
REVISION DATE: June 17th, 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”) at public or private venues.
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 art class 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” means the provision of any art class at an out-of-studio venue.
"Art class" means any art class offered at an out-of-studio venue and refers to but may not be limited to the following art classes: Mobile Paint Party, Mobile Art Party, Community Paint Day/Paint Night, and Drawing Club.
“You” means the individual who is paying the registration fee and completing the registration process.
"Participant(s)" means the person(s) being registered for the art class.
"Minor child(ren) means a child under the age of 18 yrs ("child" or "children").
“Fees” means the fees paid by you to The Dreaming Heart Art Studio for the Service(s).
"Class credit" means credit issued for a missed or cancelled art class (see section 4 for more details), or as part of a discount/special/contest prize. Class credit can be applied towards any available out-of-studio venue.
"Venue" means the physical location (public or private) where the art class is taking place.
“Website” means https://www.thedreamingheartartstudio.com.
"Email" means email@example.com.
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.
3.1 When registering a child in an art class, we ask that the parent/legal guardian complete their own child's(ren's) registration so they can review our Terms & Conditions and fill out their child's(ren's) Participant Enrolment Form(s). Please do not register a child(ren) on behalf of another parent/legal guardian. If there are any changes to the information given on your child's(ren's) "Participant Enrolment Form," please promptly resubmit the form with the updated information before your child(ren) attends the art class (this form can be found on our website under the "ABOUT" menu tab).
3.2 When registering for an adult art class (18+ yrs.), each participant must complete their own registration so they can review our Terms & Conditions. Please do not register on behalf of another participant.
3.3 Class sizes are limited. Pre-registration is required for all classes. No drop-ins, please.
4. FEES, REFUND POLICY, & CLASS CREDIT
4.1 Fees are *non-refundable and must be paid in full upon registration. Refunds will NOT be issued for non-attendance (including non-attendance due to illness) nor for late arrivals.
*Please note- The only exception when it comes to out-of-studio refunds, is if the Studio cancels the art class, in which case participants will have the choice to receive either a full refund or a class credit (valued at the same price as the cancelled art class plus a 15% bonus).
4.2 If a participant is unable to attend an art class they are welcome to gift their spot to someone else (please let us know ahead of time so we can register the new participant(s) before the art class begins). Alternatively, participants are welcome to request a class credit (valued at the same cost as the missed art class) so long as they provide a minimum of 14 day's notice via email. Class credit will NOT be issued when less than 14 day's notice is given.
4.3 Class credit issued by the Studio for a missed or cancelled art class, or as part of a discount/special/contest prize, expires one year from the issue date unless otherwise specified (*Gift Certificate credit does not expire).
5. INCLEMENT WEATHER
5.1 Art classes that fall on inclement weather days will be cancelled. Participants will have the choice to receive either a full refund or a class credit (valued at the same price as the cancelled art class plus a 15% bonus). We will contact you via email to notify you of the cancellation. We consider it to be an "inclement weather day" when either the Student Transportation of Eastern Ontario (STEO) cancels all buses due to inclement weather or Environment Canada issues a public weather alert.
6. DROP-OFF & PICK-UP FOR MINOR CHILDREN
6.1 If you have indicated on your child's(ren's) Participant Enrolment Form that your child(ren) will be dropped off/picked up by an authorized person, the authorized person will be required to enter the venue to sign your child(ren) in/out of art class. The authorized person may be asked to provide picture I.D. We will not release your child(ren) to any unauthorized person.
6.2 Children under 10 years of age must be signed in and out of art class by an authorized person (as indicated on their Participant Enrolment Form). Children 10 years and older can sign themselves in and out of art class as long as parents/legal guardians have provided permission on their child's(ren's) Participant Enrolment Form.
6.3 If the information on your child's(ren's) Participant Enrolment Form changes, please resubmit the form prior to the start of the art class (this form can be accessed under the "ABOUT" section of our website).
6.4 Supervision will not be provided outside of the designated registered art class time. Participants are to arrive and depart solely during the times of the registered art class. Parents or legal guardians are responsible for their child(ren) before the start of the art class and upon arrival when picking up their child(ren) at the end of the art class.
7. FOOD, ALLERGIES, & MEDICAL
7.1 We strive to be allergy conscious and to provide a safe environment for participants; however, we do NOT guarantee a food-free, nut-free, or allergen-free venue.
7.2 The Studio and participants may at times use items that contain food allergens. These include but are not limited to certain art products, craft-friendly foods (i.e., dry beans/legumes/pasta, olive oil, flour, etc.), and washed reused food containers (i.e., recycled egg/milk cartons, food jars, cans, etc.).
7.3 Please be aware that snacks and beverages may be sold at the venue. These snacks and beverages may contain or have come into contact with food allergens, including but not limited to dairy, eggs, wheat, soybeans, tree nuts, peanuts, fish, and/or shellfish. We are not responsible for monitoring what snacks and beverages participants purchase and/or consume.
7.4 When registering a child in an art class, parents/legal guardians are responsible for indicating any allergies or other medical conditions of their child(ren) via the“Participant Enrolment Form.” If there are any changes to your child's(ren's) information, please promptly resubmit this form prior to your child's(ren's) next art class (this form can be accessed under the "ABOUT" section of our website).
7.5 We require that all children who are prescribed an epi-pen, inhaler, or diabetic monitor carry it with them at all times while at the venue, with no exceptions.
7.6 Parents/legal guardians assume all risk as it pertains to their child’s(ren's) allergies and medical issues.
7.7 You expressly grant to the Studio consent to seek emergency medical care for your child(ren), when the Studio is unable to contact you and when waiting for your consent would jeopardize the health and welfare of your child(ren).
8. ILLNESS POLICY
8.1 Participants agree they will not attend an art class if they are showing any signs of illness or if someone in their household has signs of illness. We reserve the right to restrict admission or send a participant home, when, in our opinion, that person is ill or risks the health or well-being of others. Refunds will not be issued due to illness.
9.1 Any Participant found to be rude or disruptive may be dismissed from the art class with no refund at the Studio’s sole and absolute discretion. We have a no-tolerance policy for disrespectful and disruptive behaviour.
10.1 Making art can get super messy! We do not provide smocks/aprons as they can get in the way of creating. Participants should wear comfy, art-friendly clothes and footwear which they do not mind getting messy or permanently stained.
12. INDEMNITY CLAUSE
12.1 Neither the Studio, any of the art instructors, nor any of the assistants shall ever be held liable (jointly or severally) to you, or your child(ren), or any of your respective estates or representatives, or any participant, 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 Service. Under no circumstance shall the total liability of the Studio, any of the art instructors, or any of the assistants for any damages or losses arising from the Service exceed the maximum amount of the price of the Service for which you paid.