KEY TO MY ART Waiver/Agreement
You agree to participate, and/or agree to allow Your Invitees to participate in a Key to My Art program, which includes, but is not limited to, an ongoing instructional art class, and/or hosting a children's or adult's party ("Program").
1. Notice and Representation
All Programs contain inherent foreseen and unforeseen risks that cannot be anticipated, controlled or eliminated by Key to My Art Inc. and Key to My Art Inc., its agents and representatives have no duty to do so. You represent, certify, warrant, and affirm that - in each instance You and/or Your Invitees participate in a Program - You and/or Your Invitees (a) has the ability and sufficient strength, coordination, and minimum physical fitness necessary to participate in the Program without injury to your/him/herself or others, (b) are then in a healthy medical and physical state, are not impaired in any way, (c) have had the opportunity and have in-fact sought the advice of and consulted with a medical physician/professional of Your choosing prior to enrollment and participation in a Program, and (d) understand that You and/or Your Invitees have the right to not participate in any Program and You and/or Your Invitees have the responsibility to cease participating in any Program if and when (i) any of the foregoing representations are untrue or (ii) You and/or Your Invitees deem such participation to be inadvisable.
2. Assumption of Risk
You understand and agree that by participating in a Program, You and Your Invitees knowingly and voluntarily engage in and assume the risk of potentially dangerous physical activity which could result in loss such as: property damage, bodily injury, partial or total disability, paralysis, death and associated socio-economic losses (collectively "Loss" or "Losses"), which can be severe. The Losses, risks and dangers may be caused by the action or inaction or negligence of You and/or Your Invitees or others, including Key to My Art Inc., its employees, agents and representatives. This notwithstanding, You and Your Invitees assume all risk of Loss to You and Your Invitees and others arising from, related to, or in connection with (a) Your and/or Your Invitees's participation in a Program and/or (b) injuries that may be caused or compounded or increased by the negligent rescue operations or procedures of Key to My Art Inc., and/or (c) Your and Your Invitees's occupancy of any facility owned, controlled, or occupied by Key to My Art Inc., however caused.
3. Indemnification
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You for Yourself, Your heirs, assigns, agents, and representatives hereby expressly agree to defend, indemnify and hold harmless Key to My Art Inc., its directors, officers, shareholders, employees, agents, representatives, and any of their successors or assigns from and against Loss and all suits, actions, claims, demands, loss or damages (including reasonable attorney's fees) that arise from, are related to, or in connection with (a) Your and/or Your Invitees's participation in a Program and/or (b) injuries that may be caused or compounded or increased by the negligent rescue operations or procedures of Key to My Art Inc., and/or (c) Your and Your Invitees's occupancy of any facility owned, controlled, or occupied by Key to My Art Inc., however caused.
4. Waiver and Release
You do hereby release Key to My Art Inc., its directors, officers, shareholders, employees, agents, representatives, and any of their successors or assigns of and from Loss and any liability whatsoever, which You and/or Your Invitees may sustain or suffer that arises from, is related to, or in connection with (a) Your and/or Your Invitees's participation in a Program and/or (b) injuries that may be caused, compounded or increased by the negligent rescue operations or procedures of Key to My Art Inc., and/or (c) Your and/or Your Invitees's occupancy of any facility owned, controlled, or occupied by Key to My Art Inc., however caused.
5. Liability for Damaged Goods/Artwork
In the event that either You or Your Invitees damage any goods and/or artwork either owned or held in consignment by Key to My Art Inc. you shall be liable for the total sales price of the damaged goods/artwork.
6. Severability
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
7. Binding Effect
The covenants and conditions contained in this Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
8. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersede any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Parties.
9. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York and any suit arising from, related to, or in connection with this Agreement shall be brought exclusively in the courts of the County of Nassau in the State of New York.
10. Waiver
The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement._
I have read this Agreement fully and I understand its terms. I understand that I have given up substantial rights by agreeing. I have agreed freely and voluntarily without any inducement, assurance, or guaranty being made to me and I intend by my agreement for it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I have had the opportunity to consult with an attorney of my choosing in relation hereto.
By purchasing a class or event at Key to My Art, I am agreeing and signing this Agreement.
1. Notice and Representation
All Programs contain inherent foreseen and unforeseen risks that cannot be anticipated, controlled or eliminated by Key to My Art Inc. and Key to My Art Inc., its agents and representatives have no duty to do so. You represent, certify, warrant, and affirm that - in each instance You and/or Your Invitees participate in a Program - You and/or Your Invitees (a) has the ability and sufficient strength, coordination, and minimum physical fitness necessary to participate in the Program without injury to your/him/herself or others, (b) are then in a healthy medical and physical state, are not impaired in any way, (c) have had the opportunity and have in-fact sought the advice of and consulted with a medical physician/professional of Your choosing prior to enrollment and participation in a Program, and (d) understand that You and/or Your Invitees have the right to not participate in any Program and You and/or Your Invitees have the responsibility to cease participating in any Program if and when (i) any of the foregoing representations are untrue or (ii) You and/or Your Invitees deem such participation to be inadvisable.
2. Assumption of Risk
You understand and agree that by participating in a Program, You and Your Invitees knowingly and voluntarily engage in and assume the risk of potentially dangerous physical activity which could result in loss such as: property damage, bodily injury, partial or total disability, paralysis, death and associated socio-economic losses (collectively "Loss" or "Losses"), which can be severe. The Losses, risks and dangers may be caused by the action or inaction or negligence of You and/or Your Invitees or others, including Key to My Art Inc., its employees, agents and representatives. This notwithstanding, You and Your Invitees assume all risk of Loss to You and Your Invitees and others arising from, related to, or in connection with (a) Your and/or Your Invitees's participation in a Program and/or (b) injuries that may be caused or compounded or increased by the negligent rescue operations or procedures of Key to My Art Inc., and/or (c) Your and Your Invitees's occupancy of any facility owned, controlled, or occupied by Key to My Art Inc., however caused.
3. Indemnification
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You for Yourself, Your heirs, assigns, agents, and representatives hereby expressly agree to defend, indemnify and hold harmless Key to My Art Inc., its directors, officers, shareholders, employees, agents, representatives, and any of their successors or assigns from and against Loss and all suits, actions, claims, demands, loss or damages (including reasonable attorney's fees) that arise from, are related to, or in connection with (a) Your and/or Your Invitees's participation in a Program and/or (b) injuries that may be caused or compounded or increased by the negligent rescue operations or procedures of Key to My Art Inc., and/or (c) Your and Your Invitees's occupancy of any facility owned, controlled, or occupied by Key to My Art Inc., however caused.
4. Waiver and Release
You do hereby release Key to My Art Inc., its directors, officers, shareholders, employees, agents, representatives, and any of their successors or assigns of and from Loss and any liability whatsoever, which You and/or Your Invitees may sustain or suffer that arises from, is related to, or in connection with (a) Your and/or Your Invitees's participation in a Program and/or (b) injuries that may be caused, compounded or increased by the negligent rescue operations or procedures of Key to My Art Inc., and/or (c) Your and/or Your Invitees's occupancy of any facility owned, controlled, or occupied by Key to My Art Inc., however caused.
5. Liability for Damaged Goods/Artwork
In the event that either You or Your Invitees damage any goods and/or artwork either owned or held in consignment by Key to My Art Inc. you shall be liable for the total sales price of the damaged goods/artwork.
6. Severability
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
7. Binding Effect
The covenants and conditions contained in this Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
8. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersede any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Parties.
9. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York and any suit arising from, related to, or in connection with this Agreement shall be brought exclusively in the courts of the County of Nassau in the State of New York.
10. Waiver
The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement._
I have read this Agreement fully and I understand its terms. I understand that I have given up substantial rights by agreeing. I have agreed freely and voluntarily without any inducement, assurance, or guaranty being made to me and I intend by my agreement for it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I have had the opportunity to consult with an attorney of my choosing in relation hereto.
By purchasing a class or event at Key to My Art, I am agreeing and signing this Agreement.
KEY TO MY ART POLICIES
REGISTRATION AND CONFIRMATION
Your spot in the class or program of your choice will be saved only upon registration and payment. If a class is full, you may be placed on a waiting list and will be notified in the event that a spot opens up.
NO CLASS MAY BE ATTENDED WITHOUT UPFRONT PAYMENT.
NO EVENT IS HELD WITHOUT A DEPOSIT - EVER.
PRORATED ART CLASSES
We offer prorated options for art sessions that have already started. This option allows students to join an art class after it's initial start date. The initial cost of the art class is prorated according to how many classes have already been completed during the session.
PAYMENT
Full payment is required in order to reserve a spot in the class or program of your choice. We accept cash and credit/debit cards. We do not accept personal checks. For business events and girl scout events, we do accept business checks. There is a $50 charge for a returned business check.
COURSE CANCELLATIONS
Key to My Art reserves the right to cancel classes or change instructor assignments and makes every effort to notify students in advance. If enrollment goals are not met, a course may be cancelled up to 24 hours before the first scheduled class. In the event of cancellation, a studio credit will be granted.
PHOTOGRAPHS AND RECORDINGS
Key to My Art classes, events, parties and workshops for adults, teens and children may be recorded and photographed for marketing, website, social media, archival and/or other purposes. Such recording or photographing may include pictures of the attendees, individuals at our program or class participants. Your attendance at any class, party or event at Key to My Art Inc shall be deemed your consent to appear in such programming and/or photographs without compensation or additional approval of any kind.
PRIVATE CLASSES AND PRIVATE PARTY SCHEDULING AND PAYMENT
Private classes and private parties are based on availability and advanced appointment only. We require an advanced non-refundable deposit for all private parties and events. We suggest providing three possible time slots in order for us to serve your needs best.
PRIVATE CLASS CANCELLATION POLICY
If you need to postpone, reschedule, or cancel your private lesson, please notify us at least 48 hours in advance of your class. If cancellation is made within 48 hours, you will be charged for your session regardless of your non-attendance. Appointments cancelled within 48 hours of your scheduled appointment are non-refundable or transferable.
GROUPON PRIVATE SESSION POLICY
If you reserve a date to use your purchased Groupon, and cannot attend, you must inform us at least 48 hours before your scheduled appointment. If you do not inform us with at least 48 hours advance notice, you may reschedule your appointment by paying full price in advance. We will not honor the Groupon price for appointments that were canceled or for "no-shows."
PRIVATE PARTY AND PRIVATE EVENTS CANCELLATION POLICY
If you need to cancel or reschedule your private party or corporate event at Key to My Art, please do so at least 5 business days in advance. We will do the best we can to accommodate your scheduling needs. We charge a $100 rescheduling fee. Cancellations within 5 business days of your event are non-transferable and non-refundable.
MAKE-UP CLASSES
Make-up classes are allowed 2 times a session. You must inquire before attending a make-up class. Make-up classes MUST be made up within the current session and do not carry over into the next session.
LATENESS
If you are going to be more than ten minutes late, please refrain from coming to class that day. Lateness disrupts the class, and forces the instructor to re-teach the lesson. Re-teaching the lesson takes assistance time away from the students who were there on time. In addition, Key to My Art is not responsible for any information or lessons that your child has missed due to lateness or absence from class.
REFUND POLICY
Class tuition is neither non-refundable nor transferable. No refunds will be issued after registration and payment. In case of a Medically Certified illness, a credit will be issued after receipt of your physician’s documentation. The value of the credit will be for the balance of the remaining class sessions with an additional deduction of a $50 registration fee. Credit may be used towards any offerings at Key to My Art for up to 12 months.
If after your first class you are dissatisfied with the quality of your course, a written note must be submitted within 3 business days of your first class. After receiving your note, refund of class tuition will be reviewed. If a refund is granted, it will be made via check, and may take up to 6 weeks.
ADDITIONAL KEY TO MY ART PRACTICES AND POLICIES
Your spot in the class or program of your choice will be saved only upon registration and payment. If a class is full, you may be placed on a waiting list and will be notified in the event that a spot opens up.
NO CLASS MAY BE ATTENDED WITHOUT UPFRONT PAYMENT.
NO EVENT IS HELD WITHOUT A DEPOSIT - EVER.
PRORATED ART CLASSES
We offer prorated options for art sessions that have already started. This option allows students to join an art class after it's initial start date. The initial cost of the art class is prorated according to how many classes have already been completed during the session.
PAYMENT
Full payment is required in order to reserve a spot in the class or program of your choice. We accept cash and credit/debit cards. We do not accept personal checks. For business events and girl scout events, we do accept business checks. There is a $50 charge for a returned business check.
COURSE CANCELLATIONS
Key to My Art reserves the right to cancel classes or change instructor assignments and makes every effort to notify students in advance. If enrollment goals are not met, a course may be cancelled up to 24 hours before the first scheduled class. In the event of cancellation, a studio credit will be granted.
PHOTOGRAPHS AND RECORDINGS
Key to My Art classes, events, parties and workshops for adults, teens and children may be recorded and photographed for marketing, website, social media, archival and/or other purposes. Such recording or photographing may include pictures of the attendees, individuals at our program or class participants. Your attendance at any class, party or event at Key to My Art Inc shall be deemed your consent to appear in such programming and/or photographs without compensation or additional approval of any kind.
PRIVATE CLASSES AND PRIVATE PARTY SCHEDULING AND PAYMENT
Private classes and private parties are based on availability and advanced appointment only. We require an advanced non-refundable deposit for all private parties and events. We suggest providing three possible time slots in order for us to serve your needs best.
PRIVATE CLASS CANCELLATION POLICY
If you need to postpone, reschedule, or cancel your private lesson, please notify us at least 48 hours in advance of your class. If cancellation is made within 48 hours, you will be charged for your session regardless of your non-attendance. Appointments cancelled within 48 hours of your scheduled appointment are non-refundable or transferable.
GROUPON PRIVATE SESSION POLICY
If you reserve a date to use your purchased Groupon, and cannot attend, you must inform us at least 48 hours before your scheduled appointment. If you do not inform us with at least 48 hours advance notice, you may reschedule your appointment by paying full price in advance. We will not honor the Groupon price for appointments that were canceled or for "no-shows."
PRIVATE PARTY AND PRIVATE EVENTS CANCELLATION POLICY
If you need to cancel or reschedule your private party or corporate event at Key to My Art, please do so at least 5 business days in advance. We will do the best we can to accommodate your scheduling needs. We charge a $100 rescheduling fee. Cancellations within 5 business days of your event are non-transferable and non-refundable.
MAKE-UP CLASSES
Make-up classes are allowed 2 times a session. You must inquire before attending a make-up class. Make-up classes MUST be made up within the current session and do not carry over into the next session.
LATENESS
If you are going to be more than ten minutes late, please refrain from coming to class that day. Lateness disrupts the class, and forces the instructor to re-teach the lesson. Re-teaching the lesson takes assistance time away from the students who were there on time. In addition, Key to My Art is not responsible for any information or lessons that your child has missed due to lateness or absence from class.
REFUND POLICY
Class tuition is neither non-refundable nor transferable. No refunds will be issued after registration and payment. In case of a Medically Certified illness, a credit will be issued after receipt of your physician’s documentation. The value of the credit will be for the balance of the remaining class sessions with an additional deduction of a $50 registration fee. Credit may be used towards any offerings at Key to My Art for up to 12 months.
If after your first class you are dissatisfied with the quality of your course, a written note must be submitted within 3 business days of your first class. After receiving your note, refund of class tuition will be reviewed. If a refund is granted, it will be made via check, and may take up to 6 weeks.
ADDITIONAL KEY TO MY ART PRACTICES AND POLICIES
- Key to My Art is not responsible for providing makeup classes or issuing refunds for programs missed as a result of illness, emergencies, or other events beyond our control.
- Foul language or physical contact directed at any employee or patron will NOT be tolerated.
- Key to My Art reserves the right to remove from its premises or exclude from membership or activities, anyone, in its sole discretion, it deems necessary, that violates Key to My Art's practices and policies. This includes, but is not limited to: anyone who disrupts a program or anyone who fails to abide by the studio's rules and practices.